Consideration of human rights issues produces 30 decisions in Third Committee.

Consideration of human rights issues produces 30 decisions in Third Committee

Action on a wide range of human rights related issues was recommended by the Third Committee (Social, Humanitarian and Cultural) in December for approval by the General Assembly, including the adoption of a 10-article Declaration on the Human Rights of Individuals who are not Nationals of the Country in which They Live. The Declaration recognizes that the protection of human rights provided for in international instruments should also be ensured for individuals who are not nationals of the country in which they live, and provides for the non-citizen's right to life and security of person; right to privacy; right to marry; right to freedom of thought and religion; right to be equal before the courts; right to leave the country; and right to own property.

It also prohibits such practices as torture; expulsion from the country on the grounds of race, colour, religion, culture, descent or national or ethnic origin; and arbitrary deprivation of lawfully acquired assets. The General Assembly on 13 December 1985 adopted the Declaration, in resolution 40/144, without a vote.

Other major texts acted on by the Third Committee dealt with torture, mass exoduses, involuntary disappearances, arbitrary executions, genocide, religious intolerance and the rights of children and of migrant workers. Action was also taken on alleged human rights violations in Afghanistan, Chile, El Salvador, Guatemala and Iran.

The General Assembly approved a total of 27 resolutions and 3 decisions on human rights in a series of votes on 13 December.

Kurt Herndl, Assistant Secretary-General for Human Rights, said one of the greatest accomplishments of the United Nations was the establishment of the principle that human rights were "a matter of universal concern". Today, there was an international code of human rights which set norms for regulating the way in which the State treated the individual. Through international conventions, Governments submitted their systems, laws and practices to international scrutiny and examination for their consistency with recognized human rights norms. That was a significant achievement, he said.

Country reports

The human rights situations in specific countries and areas were again a major focus of the work of the Third Committee in that area. Reports on five countries were reviewed and acted upon.

Guatemala: The Assembly reiterated its deep concern at the continuing grave and widespread violations of human rights in that country, particularly at violence against non-combatants, widespread repression, killings, the practice of torture, disappearances and secret detention.

The Government of Guatemala was strongly urged to take measures to halt the violations, particularly emforced and involuntary disappearances, as well as to ensure that its authorities respect the human rights of all Guatemalans. It was requested to investigate and clarify the fate of those who had disappeared.

Finally, the Assembly expressed the hope that the recent elections will be "the first step" in a process leading to complete enjoyment of human rights by the people of the country. The Assembly acted in adopting resolution 40/140 by a vote of 91-8-47.

In March 1983, the Commission on Human Rights appointed Mark Colville, Viscount of Culross of the United Kingdom as Special Rapporteur to study the situation of human rights in Guatemala. The Government of Guatemala promised full co-operation. The following year the Assembly considered an interim report by the Special Rapporteur. In 1985, a further interim report (A/40/865) was considered. A final report is due in February 1986.

The Special Rapporteur reported that elections in Guatemala were to be held on 3 November 1985 for President and Vice-President, Deputies for Congress and members of municipal councils. Since the President must command an absolute majority, a second round would be held on 8 December, if necessary. The election was intended to lead to a transfer of power on 14 January 1986. On that same date, the new Constitution was to come into force.

Whether the elections were conducted in a free and fair manner would be determined by observers, including those from the Organization of American States (OAS) and the European Economic Community (EEC), as well as the Chairman of the United Nations Commission on Human Rights Sub-Commission on Prevention of Discrimination and Protection of Minorities. Media and private observers were also to be present.

The Supreme Electoral Tribunal, which organized the preliminary elections for the national Constituent Assembly in July 1984, was still operating and had remained free from criticism, the report stated. It was continuing the process of registering citizens so that they might vote. Fourteen parties had been formed and registered.

Violence and disappearances were still " a serious problem" in 1985 and to be "deplored", it was reported. While the police had had a considerable degree of success in detecting such crimes, the criminal justice system was not equipped to bring to trial many accused persons. "It is no wonder that people feel free to resort to violence", the Special Rapporteur said.

No effective answer had been given to allegations that security forces were involved in the violence, other than in their military activities against the guerrillas. Some of the most serious allegations about massacres were "almost certainly untrue", he stated. However, the situation of human rights, in particular with regard to the right to life and physical integrity, continued to be a cause of serious concern.

The Special Rapporteur stated he had received "every possible facility and co-operation from the Government and everyone else in the further execution of his mandate".

He recommended that the international community consider providing technical assistance and advice to the judiciary and police to enable them to bring to trial those responsible for serious crimes. The International Committee of the Red Cross (ICRC) should be invited to establish a presence in the country. The United Nations High Commissioner for Refugees (UNHCR) should send to the Government a list of names of refugees in Mexico, Honduras and Belize; that list should be compared with the list of disappearances which the Government had.

Guatemala, in commening on the report, said that it had co-operated extensively with the Special Rapporteur, and continued to open up the country towards more democratic participation, despite economic and social problems. Elections had taken place; eight political parties had participated, nominating only civilian candidates. The new Constitution was to come into effect in 1986, and would fully guarantee all human rights, including those of ethnic groups, Guatemala said.

One hundred observers from all over the world had participated in the elections, and had agreed that they had taken place in complete freedom and under correct conditions. Observers from the OAS had reported a "free and proper electoral process". The EEC and the Contadora Group, at a ministerial conference in Luxembourg in November, had concurred, issuing a communique commending Guatemala for its important step to institutionalize democracy. Guatemala hoped the United Nations would heed the Special Rapporteur's recommendations that technical assistance in human rights matters should be provided.

El Salvador: In adopting resolution 40/139 by a vote of 100 to 2 (Chile, Guatemala), with 42 abstentions, the Assembly expressed its deep concern at the fact that "serious and numerous violations of human rights" continued to take place in the country. It asked the Government and insurgent forces to adopt measures conducive to the "humanization" of the conflict by "scrupulously" observing the Geneva Conventions of 1949 and the Additional Protocols of 1977.

The Special Representative of the Commission on Human Rights, it said, should for the duration of the conflict continue to inform the Assembly and the Commission of the extent to which contending parties were respecting the Conventions and optional Protocols.

The Assembly reaffirmed the right of the Salvadorian people to determine their political, economic and social future "without interference from outside", through a genuine democratic process, in which all sectors of the population participate freely. States were asked to refrain from intervening in the internal situation in the country.

The Assembly "deeply regretted" the interruption of the dialogue initiated in October 1984 between the Government and the Frente Farabundo Marti para la Liberacion Nacional-Frente Democratico Revolucionario (FDR-FMLN) and called upon those parties to renew their talks so they could achieve a negotiated political solution.

The Government of El Salvador and the opposition forces were called on to establish "as soon as possible" appropriate mechanisms to study the plans submitted by both parties.

The Assembly also deeply deplored the fact that the capacity of the judicial system to investigate, prosecute and punish violations of human rights continues to be "unsatisfactory" and urged the authorities to strengthen the process of reform of the Salvadorian judical system in order to "punish speedily" those responsible for serious human rights violations.

In 1980, Jose Antonio Pastor Ridruejo was appointed as Special Representative to investigate the human rights situation in El Salvador. He submitted annual reports from 1981 through 1984. In 1985, his final report (A/40/818) was considered.

The report stated that in past years, the co-operation given to the Special Representative by the Government had been "full and open". He had been granted extensive facilities and freedom of action and movement, and provided him with "copious information".

The Special Representative had been in El Salvador most recently from 8 to 18 September 1985. Interviews had been conducted with with government officials, including President Jose Napoleon Durate, priests, and representatives of the Committee of Mothers of Persons who Disappeared. He also met with political prisoners with whom he said he had spoken freely and on a confidential basis. In Madrid, he spoke to representatives of the Political and Diplomatic Commission of the FDR-FMLN.

General elections for deputies to the Legislative Assembly and for municipal councils were held on 31 March 1985 with the participation of nine political parties whose representatives witnessed and monitored the political process. The elections had also been supervised by 130 international observers and delegates. No official complaints from the parties had been received while the elections were in progress.

According to press reports, guerrilla forces had attempted to obstruct or disrupt the voting prior to the elections by attacking at least six localities, closing major highways, and burning or bombing 20 town halls.

On 11 July 1985, the Legislative Assembly extended the state of emergency for 30 days; constitutional guarantees of freedom of movement, of expression or of correspondence were suspended.

No meetings or negotiations between Government and the FDR-FMLN had been held since the fall of 1984 when meeting took place in La Palma and Ayagualo.

Political murders of civilians continued, on occasion perpetrated by "Extreme right-wing paramilitary organizations", it was reported. the number of summary executions had markedley declined since the second half of 1984 and the adoption of a new Government policy of greater control of death squads and specific State organs.

The Special Representative found that "severe psychological pressure",

Equivalent to cruel, inhuman or degrading treatment, had been exerted in extra-judicial interrogations of some political prisoners, forcing confessions which did not reflect the truth. He did not believe, however, that that represented a deliberate or systematic policy by authorities.

He had observed a "disturbing increase" in murders of persons who could not be regarded as combatants, as well as in abductions of civilians. The Special Representative recommended that interested parties should immediately take steps so that attacks on lives of non-combatants would stop.

Government and left-wing opposition forces should end the violence and bring peace to the country, he recommended. Until a negotiated peace was achieved, steps should be taken to "humanize" the war, particularly with regard to the lives of civilians and the treatment of persons captured in combat.

He recommended the strenghtening of control by the Government over members of the Armed Forces and security bodies and over all types of armed individuals and organizations, including in particular the "death squads". He also recommended increased monitoring of investigations in the security bodies to eliminate torture from the interrogation of political prisoners.

El Salvador, in its comments, said all political parties had been involved in the election. The Salvadorian people had gone "en masse" to the polling booths, demonstrating their rejection of the "cult of violence". In May 1984, there had been a restoration of democratic institutions in the country and the enjoyment of human rights had been restored.

The Government had sought to expand productivity of the various levels of industry and to bring about reforms to ensure distribution of the nation's wealth. President Duarte had met twice with representatives of the FDR-FMLN. During the second meeting, the representatives of the Salvadorian people had left with a "feeling of frustration". The government continued to offer prospects for peace and the construction of a democratic society.

Agrarian reform was vital; however, violence had forced peasants to flee from their homes. The Government had set up an institution to assist refugees and displaced persons and was working with international organizations in that regard.

In its "desperation", the FDR-, FMLN had sought to destroy the wealth of the country, El Salvador maintained. It had resorted to terrorism, Kidnapping, murder and the sabotaging of democracy. There was a "disturbing" increase in killing non-combatants; kidnapping had become a "weapon of war". The shooting down of civilians was another reprehensible tactic of that organization.

Chile: The Assembly, in resolution 40/145, adopted by a vote of 88 to 11, with 47 abstentions, expressed its "dismay" at Chile's suppression of the traditional democratic legal order and its institutions and their replacement by a Constitution which did not reflect the will of the people and whose provisions reduced the enjoyment of human rights.

It expressed its "indignation" at the persistence of serious violations, in particular the suppression of acts of social protest which had caused a "considerable number" of deaths and injuries and mass and individual arrests: at the intimidation of national human rights organizations; at the "frequent" reports of torture; and at the "treacherous" crimes in which the police forces were judicially implicated. It reiterated its "alarm" at the fact that the arbitrary actions of the State police and security agencies continued to go unpunished.

The Assembly called urgently on Chilean authorities to restore human rights in accordance with obligations assumed under various international instruments. Chile was asked to end the state of siege and the practice of declaring "constitutional states of emergency" under which serious violations were committed. The Government was also asked to investigate the fate of persons arrested for political reasons and who later disappeared, to inform their families of the results of such investigation and to bring to trail and punish those responsible for their disappearnce.

Authorities were called on to respect the right to life and to end the practices of torture, intimidation and persecution, kidnappings, arbitrary detention and imprisonment in secret places. The Government should respect the right of nationals to live in and freely enter and leave their country, without arbitrary restrictions.

Finally, the Assembly declared its conviction that an unrestricted, in situ investigation of the human rights situation in Chile required that the Special Rapporteur, in fulfilment of his mandate, should have access to information and data which could be provided by those interested in the fate of human rights in Chile.

The situation of human rights in Chile has been under consideration by the United Nations since 1974. Abdoulaye Dieye of Senegal served as Special Rapporteur from 1979 until his death in 1983. That year, Rajsoomer Lallah (Mauritus) was appointed to the position until his resignation in February 1985 when he was replaced by Professor Fernando Volio Jimenez of Costa Rica.

The Special Repporteur's provisional report (A/40/647) covers the period January through June 1985. A final report is to be submitted at a later date.

In it, he states he is "deeply concerned at the human rights situation in Chile", that he had read "disturbing" accounts of events which would constitute serious violations of fundamental freedoms of the Chilean people.

The situation was aggravated by terrorist activities which became widespread during the period studied by the Special Rapporteur. Terrorism was one factor which most influenced the situation afflicting Chile, from a human rights standpoint, he said.

The absence of normal political activity had had an "extremely adverse effect" on the cause of human rights in chile for it prevented the functioning of political parties. Without a democratic legal and political structure, the human rights situation in Chile could be expected to further deteriorate, he warned, noting also the "slow rate of progress" on drafting of constitutional laws intended to serve as a framework for restoring democracy in Chile.

The lifting of the state of siege on 17 June 1985 marked a "positive change" in the human rights situation. However, there was a "feeling of insecurity" among Chilean citizens as a result of arrests made by people in civilian clothing.

The problem of exiles had an adverse effect on respect for human rights in the country. The Government was not doing enough to gradually reduce the nubmer of people (currently 4,200) allegedly. Confinement of persons to places far way from their place of residence was imposed without due process of law. Sometimes those "detention centres" imposed "quasimilitary discipline".

The formal recognition, as of 16 July 1985, of the mandate of the Special Rapporteur was "a constructive step forward", as had been the subsequent co-operation in the task assigned to him. However, that co-operation was still "not complete" since, thus far, the Speical Rapporteur had not obtained permission to visit Chile.

The Special Rapporteur emphasized that "unless representative democracy is restored, the human rights situation cannot become satisfactory. Democracy and human rights go hand in hand".

The Special Rapporteur recommended the restructuring of the Carabineros as a "matter of urgency" to ensure that pulbic freedoms were safeguarded. In particular, attention must be paid to allegations regarding the practice of torture, and the Government must punish any public officials who commits it.

Chile, in reply, said illegitimate use was being made of an Organization conceived for a noble cause. It rejected using the United Nations to pursue a political programme against it in the name of human rights. No country was authorized to pronounce judgement on Chile.

There was greater freedom of the press in chile than in most countries. Widespread religious freedom existed in Chile, as well as a trade union system where workers freely elected their leaders. There was complete freedom of economic activity, and Chileans could enter and leave the country as they wished. There was a problem of exiles, but it was being studied and the numbers were dropping.

Chile was prepared to co-operate in "an honest process". A United Nations High Commissioner for Human Rights, who might operate in an apolitical and independent manner, should be created. Despite its opposition to the institution of the Special Rapporteur, Chile had agreed to co-operate with him.

Of course, problems existed in Chile, as they did everywhere. the Government was prepared to seriously consider the Special Rapporteur's recommendations. The situation in Chile must be understood in the context of the terrorism going on there.

Afghanistan: In adopting resolution 40/137 by a vote 80 to 22, with 37 abstentions, the Assembly expressed its "profound distress and alarm" at the widespread violations of the right to life, liberty and security of person, including the "commonplace practice of torture and summary executions", of the opponents of the Afghan regime, as well as "increasing evidence" of a policy of religious intolerance.

It expressed "profound concern" that the conflict continues to engender human rights violations on a "larger scale" and, as a result, not only the lives of individuals but the existence of whole groups of persons and tribes were endangered. It expressed its deep concern that the Afghan authorities, with heavy support from foreign troops, were acting with "great severity" against their opponents.

It also noted with great concern that human rights violations had caused millions of people to flee their homes and country. It called on the parties to the conflict to admit international humanitarian organizations, in particular the International Committee of the Red Cross. Finally, the authorities in Afghanistan were urged to co-operate with the Commission on Human Rights and its Special Rapporteur, Felix Ermacora, in particular by allowing him to visit the country.

Mr. Ermacora, appointed in 1984, submitted an interrim report (A/40/843) in which he stated that the had received no reply from that Government to his request to visit the country. Consequently, he decided to gather information and evidence from "witnesses" in Pakistani refugee camps.

During his visit to Pakistan from 25 July to 10 August, the Special Rapporteur interviewed a number of persons from 16 provinces of Afghanistan who lived in the refugee camps. He also visited hospitals. Finally, he considered information from non-governmental organizations, and organizations directly concerned with the situation in Afghanistan.

The Special Rapporteur concluded due to the absence of co-operation from the Government, he did not have access to regions where hostilities were taking place and where heavy human and material loses had been reported. The armed conflict was "continuing", and the Government, with the support of foreign troops, was acting with "great severity" against suspected opponents of the regime "without any respect for human rights". He notes that the target is "primarily the civilian population, the villages and the agricultural structure".

The war, now in its fifth year, has reached a "critical stage" as regards the force and weapons used, the brutality exercised against the civilian population, and the strategic aims, "namely to clean up regions by all means".

States directly involved were parties to the Geneva conventions of 12 August 1949, he noted. Yet anti-personnel mines and so-called toy bombs were being used; indiscriminate mass killings of civilians, particularly women and children took place; there was a growing use of heavy weapons. There was also systematic discrimination against persons not adhering to the People's Democratic Party of Afghanistan; and non-acceptance of members of the Afghan opposition movements as prisoners of war.

The situation in Afghaistan resulting from the armed conflict, he stated, was aggravated by the "hatred which seems to govern the hostilities", by the "most cruel methods of warfare" and by the destruction of large parts of the country, destabilizing the ethnic and tribal structure and disrupting family units. The demographic structure of the country had changed, since more than four million refugees had fled.

In view of the "worsening situation", Governments and representatives of international organizations had an "urgent responsibility" to find ways to ensure respect for human rights throughout the country. The Special Rapporteur was "convinced that every hour lost is detrimental to the population and to the human rights situation in the country".

The four million Afghan refugees should be allowed to return to their homes without fear of persecution, he said. The parties involved should cooperate with the United Nations and all humanitarian international organizations and specialized agencies and should take "urgent measures" to restore civil, political, economic, social and cultural rights in Afghanistan Finally, he called attention to United Nations resolutions on this subject and noted that the presence of foreign troops in Afghanistan was one of the "principal reasons for the current human rights situation in the country".

Afghanistan said the Special Rapporteur had remained silent on very important measures taken by the Government to ensure the enjoyment of the right to life, health, employment, shelter and freedom of political belief and participation in State affairs. In fact, the report was based on the political consideration of "how to frame" the Government and its friend, the Soviet Union. The "report" presented a "stark picture of dishonesty, fabrication and gross distortion of facts", it said.

The Special Rapporteur had also been silent on the "heinous and bestial crimes" committed by savage bands of armed terrorists and mercenaries, which harrassed and murdered peaceful civilians.

The Government had been singled out unfairly for its human rights situation, while other States with serious violations were ignored. Political motivations were behind some delegation's concerns for human rights.

The "so-called" report was entirely based on reports of counter-revolutionary bands, through interpreters provided by them, and was not reliable, Afghanistan maintained.

Before the revolution, Afghanistan had been one of the most backward countries in the world. In spite of the undeclared war and the virtual economic blockade, the gross national product and the gross domestic product had risen by 11 and 4 per cent, reprectively, compared with that of 1978. Through land and water reform, more than 320,000 landless farmers had received more than 700,000 hectares of land and thousands of co-operatives had been established. It was expected that illiteracy would be completely eradicated throughout the country by 1990.

The triumph of the revolution had resulted in the establishment of a democratic regime in Afghanistan. Unfortunately, after the victory, an undeclared war was waged, led by the United States and its "reactionary accomplices". Counter-revolutionary bands were set up, financed, trained and armed for subversion in the country. A number of innocent citizens were made to leave the country through a mixture of propaganda, deceit, force and false promises.

Since the Revolution, no one had been arrested arbitrarily and no one had been accused of being guilty, unless found so by the law effective at the time of the offence, Aghanistan concluded.

A letter dated 5 December from the Permanent Representative of Afghanistan to the Secretary-General (A/C 3/40/14) transmitted the text of a message from Babrak Karmal, General Secretary of the Central Committee of the People's Democratic Party and President of the Revolutionary Council of Afghanistan, in which Mr. Karmal stated that respect for democracy, national freedom, social justice, religion, property, and other human rights comprise the "fundamental principles of our democratic revolution." To attain those, objective, constructive steps had been taken and measures for principled amnesty and for national reconciliation were under way.

If the imperialist and reactionary intervention, armed attacks and export of terrorist bands from neighbouring countries into Afghanistan were not imposed on the Afghan people, the country's achievements in protecting human rights would have been "far greater", he concluded.

Iran: The Assembly expressed its "deep concern" over allegations of violations of human rights in Iran, in particular to those related to the right to life, the right to freedom from torture, the right to liberty and to freedom from arbitrary arrest or detention, the right to a fair trial, and the right to freedom of religion. It endorsed the conclusion of the Special Representative that, on the basis of information available to him, specific allegations of human rights violations "cannot be dismissed", and urgently appealed to the Government to respond satisfactorily to those allegations. It also urged the Government to permit the Special Representative to visit the country. The Assembly acted in adopting resolution 40/141 by a vote of 53-30-45.

In October 1984, the Commission on Human Rights appointed Andres Aguilar of Venezuela as Special Representative. In 1985, the Commission extended his mandate for one year and requested him to present an interim report in 1985, which would cover the situation of minority groups, such as the Baha'is.

The Special Representative reported (A/40/874) that his appeals to visit the country had received no response. In July 1985, he held a series of informal hearings with 13 persons who claimed to have had first-hand experience of various aspects of the human rights situation in Iran, among which were members of the Baha'i community.

The Special Representative was aware that a situation of "political unrest" has prevailed in the country following the Islamic revolution. He believed that, although terrorist activity should not be condoned, and the Government has the right to take measures it deemed appropriate to ensure the protection of its agents and population, such an activity went beyond the terms of the mandate of the Special Representative and could not be examined in the framework of his report.

He notes that the country has been involved for several years in an armed conflict that inflicted heavy losses on its army, its civilian population and its economic resources. Nevertheless, despite these constraints, Iran was legally bound by the International Covenant on Civil and Political Rights and on Economic, Social and Cultural Rights, he said.

He notes the plight of "many thousands" of prisoners of war held by both parties of the Iran-Iraq conflict and supported the appeal made by the ICRC to States parties to the Geneva Conventions with regard to the reinstatement of visits to the prisoner-of-war camps in Iran.

The Special Representative noted that Iran had taken a "positive step" in the direction of co-operation and dialogue with him and the Commission by providing him with a "Report on the performance of the Islamic Republic of Iran in 1985". Nevertheless, while that report describes some legal provisions relative to human rights, as existing in the Constitution of Iran, it did not provide information on the way those provisions were applied in practice.

In fact, no reply had been given to specific questions which the Special Representative had asked (as contained in the aide memoire attached to the report) and the detailed allegations concerning summary and arbitrary executions and the death of persons due to ill-treatment (as contained in annexes to the report which named 282 persons who were allegedly summarily or arbitrarily executed in Iran between 1984 and 1985 and a list of 17 persons who allegedly died as a result of ill-treatment during detention in Iran).

Furthermore, the information available "appears to contradict" the situation described in the document submitted by the Government, in particular with regrd to the use of torture in prisons, arrests without any given reason, prolonged detention periods without trial, and denial of visits to prisoners by lawyers and family members, he said.

The Special Representative concluded that the allegations "cannot be dismissed as groundless" unless proved to be so on the basis of detailed information which the Government was in the best position to provide. The Special Representative believed that "continued monitoring" of the human rights situation in Iran was called for.

Iran, in its statement to the Committee, said that following the Islamic revolution, certain hegemonic Powers had started a well-organized campaign to discredit the revolution and the newly born Islamic Republic. Part of that campaign was to disseminate "baseless allegations" concerning the situation of human rights in Iran. Those same Powers that had condoned the universally known human rights violations by the previous regime started shedding "crocodile tears for the plight of the Iranian people under the new regime".

In early 1983, Iran extended an invitation to the Secretary-General to send his personal representative to Iran in order to witness for himself the human rights situation there. It was with "deep regret" that Iran learned that the Commission had passed a resolution that prejudged the outcome of the fact-finding endeavour. Iran was unwilling to participate in such "demagoguery".

Even so, the Government had initiated a dialogue with the Spcial Representative with the intention of providing him with information so that he could carry out his mandate in an impartial manner. However, his interim report "fails the test of impartiality".

It was clear that the report was based on presumptions that "have no reality" in Iran. The Special Representative's line of questioning as well as his conclusions clearly pointed our that he was affected by the "misinformation campaign" of the imperialist media.

In his report, the Special Representative had taken note of terrorist activities of certain groups inside Iran. Yet, those very groups were the ones that provided him with the information contained in annexes to the report. The Special Representative had taken "at face value" the contention by those terrorists that they had not engaged in acts of violente against the State or its agents, Iran said.

The "People's Mojahedin Organization of Iran", which had made "baseless allegations" of torture and arbitrary and summary executions, announced in June 1980 that its opposition to the regime in Iran had taken a military form, and advised its members to paticipate in terrorist activities.

The claim of the Special Representative that Iran's report was a mere enumeration of constitutional provisions concerning human rights was "simply wrong". The report contained specific regulations and the legal framework governing Iran's criminal justice system, as well as safeguards for implementation of those rules, including remedies in cases of their violation. That was precisely what the Special Representative had requested in his aide-memoire and which he claimed were neglected by the Government, Iran said.

In short, the report provided by the Government elaborated on the rights of the accused, the duties of the arresting officers and those of prison-guards as well as the safeguards provided in law and in practice. It was "astonishing" that the Special Representative claimed that the report failed to provide information on the way those provisions were applied in practice. Furthermore, Iran's report pointed out the provisions for remedies for victims of any excess in the process of arrest and imprisonment.

Any impartial observer would agree that in spite of the "very obvious political motivations" behind the initiation of investigations against Iran, it had endeavoured to initiate a "constructive and meaningful dialogue" with the Special Representative. It was "regrettable" that he was unable to fully use that opportunity, insisting on a visit to the country. For a person unfamiliar with the legal framework in Iran, a visit to the country would only entail a superficial examination of the subject.

On the other hand, a more constructive approach by the Special Representative, as well as by international bodies, could bring about a useful and constructive dialogue and ensure continuing progress in the matter, Iran concluded.

Other Action

Migrants: The General Assembly decided that in order to enable the Working Group on the Drafting of an International Convention on the Protection of the Rights of all Migrant Workers and Their Families to complete its task, an inter-sessional meeting should be held in New York in the spring of 1986. The Working Group would also meet during the 1986 Assembly session to continue the second reading of the draft international convention (Resolution 40/130, without a vote).

The Third Committee considered a report of Secretary-General on a study on the effects of racial discrimination in the field of education, training and employment as it affects the children of minorities, in particular those of migrant workers (A/40/694 and Add. 1). It analyses international standards and discusses efforts to implement those standards.

They study notes that differential patterns of access to education, training and employment persist even in countries where extensive measures were introduced to counteract racial discrimination. It concludes that "deeper analysis" is needed of the interaction between general social trends and racial discrimination.

The study examines United Nations legal instruments which protect the children of minorities and migrant workers, describes efforts to combat racial discrimination as it affects those children, and considers the "special situation" of children in South Africa.

Alternative approaches: The Assembly approved three resolutions and one decision on the question of alternative approaches and ways and means within the United Nations system for improving the enjoyment of human rights.

By the first (40/123), without vote), States were encouraged to take steps to establish or strengthen national institutions for the protection of human rights. The Secretary-General was asked to give attention to the role of national institutions and non-governmental organizations concerned with the protection of human rights and to provide assistance to States, according "high priority" to the needs of developing countries.

In the second, the Assembly asked that the Commission on Human Rights continue work on an overall analysis with a view to further promoting and improving human rights and fundamental freedoms. It also affirmed that a "primary aim" of international co-operation in the field of human rights was a life of freedom, dignity and peace for all equal attention and urgent consideration shoul be given to the implementation, protection and promotion of both civil and political and economic, social and cultural rights. Member States should undertake specific obligations through accession or ratification of international instruments in this field. The international community should accord priority to the search for solutions to mass and flagrant violations of human rights (40/124, 130-1(United States)-22).

Under a third text, the Assembly requested Member States to publicize United Nations activities in the field of human rights and to accord priority to disseminating the Universal Declaration of Human Rights. It called on United Nations agencies and regional commissions to assist further in the dissemination of United Nations material on this question.

The Commission on Human Rights was asked to give special attention in 1986 to the development of public information activities in the field of human rights and to submit its recommendations to the Assembly at its forty-first session (40/125, without a vote).

The Assembly also decided to continue consideration of the draft declaration on the right to development in 1986.

The Secretary-General in a report on international conditions and human rights (A/40/677) said that while human rights breaches continued in many parts of the world, there were also certain "encouraging developments". Human rights today, if not sufficiently respected, were at least "better defined, better known and better defended" than in previous decades. Violations were condemned beyond the frontiers of the countries where they were committed as the fight for human dignity was "widely perceived as universal".

The increasing number of situations under consideration by the Commission on Human Rights in recent years attested not only to the severity of the violations, but also to "an increased willingness" on the part of United Nations Member States to focus on specific situations with a view to contributing to termination of violations.

The Secretary-General, in a report on national institutions for the protection and promotion of human rights (A/40/469), noted progress was made in drawing up a consolidated report on national institutions for publication as a United Nations handbook for use by Governments, as requested by the Assembly in 1984.

Religious intolerance: The Assembly, in resolution 40/109, urged States to take measures to combat intolerance and to encourage understanding in matters relating to freedom of religion or belief.

States were urged to provide adequate constitutional and legal guarantees for freedom of throught, conscience, religiona and belief. The Secretary-General was asked to continue to give high priority to disseminating the text of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief in the official languages of the United Nations.

A seminar to encourage understanding, tolerance and respect in matters relating to freedom of religion or belief, endorsed by the Economic and Social council and held from 3 to 14 December 1984 in Geneva, had concluded that intolerance and discrimination in religion were still "unfortunately in evidence in some parts of the world". Participants had expressed "deep concern" over violations of the right to practise religion, acts of violence against members of religious groups, and acts of destruction against places of worship. It decided that action was required "at all levels" to eliminate intolerance and discrimination and to ensure respect for freedom of religion.

The seminar had alos recommended that States provide adequate constitutional and legal guarantees for freedom of religion. Further international standards for the protection of freedom of religion should be developed. While continuing emphasis should be given to the implementation of existing standards, attention could also be given to the question of drawing up an international convention for the promotion and protection of freedom of religion or belief.

Scientific and technological developments: The subject of human rights and scientific and technological developments was raised in the United Nations in 1968, when the International Conference on Human Rights, held at Teheran, declared that scientific discoveries and technological advances that offer vast prospect for economic, social or cultural progress right, nevertheless, endanger individual rights and freedoms and could require continuing attention.

The Assembly adopted three resolutions on human rights and scientific and technological developments.

By one (40/110), it urged the Commission on Human Rights, and through it the Sub-Commission on Prevention of Discrimination and Protection of Minorities, to expedite consideration of the draft body of guidelines, principles and guarantees related to the protection of persons detained on the grounds of mental ill-health, so that the Commission could submit its vies, including a draft body of guidelines, to the General Assembly in 1987.

It also reaffirmed its conviction that detention of persons in mental institutions on account of their political views or on other non-medical grounds was a violation of their human rights. The text was approved without a vote.

By a second text (40/111), the Assembly called upon States, United Nations organs and non-governmental organizations to take measures to ensure that the results of scientific and technological progress were used "exclusively in the interests of international peace", for the benefit of mankind and for promoting respect for human rights.

States were asked to take measures to prohibit propaganda for war, in particular the formulation, propounding and dissemination of propaganda for doctrines aimed at unleashing nuclear war. It called on States "to do their utmost" to assist in implementing the right to life through the adoption of measures at the national and international level.

The resolution was adopted by a vote of 127 to 9, with 16 abstentions.

Under the third resolution (40/112), the Assembly called upon States to make every effort to use the achievements of scientific and Technological Progress in the Interests of Peace and for the Benefit of Manking in order to promote human rights. Specialized agencies and other United Nations organizations were asked to take into account in their programmes the provisions of that Declaration. The vote was 131-0-22.

Rights of the child: The Assembly asked the Commission on Human Rights to give the highest priority to completing in 1986 the draft convention on the rights of the child, under consideration since 1978, and to submit it to the 1986 Assembly. An open-ended working group of the Commission is to meet for one week prior to the Commission's forty-second session in order to facilitate completion of the work on the draft convention. Resolution 40/113 was adopted without a vote.

Seventeen articles of the draft have been agreed upon by the working group. Fourteen "modified" texts of the remaining articles are still to be decided upon.

International conventions: The Assembly approved three resolutions relating to international conventions on human rights. Under a text on indivisibility and interdependence of economic, social, cultural, civil and political rights, it decided to convene on 16 December 1986 a commemorative plenary meeting of the General Assembly devoted to the twentieth anniversary of the adoption of the International Covenants on human rights.

It welcomed the decision of the Economic and Social Council to establish the Committee on Economic, Social and Cultural Rights, which will be entrusted from 1987 on with the task of examining the implementation of the International Covenant on Economic, Social and Cultural Rights. Resolution 40/114 was approved by a vote of 134 to 1 (United States), with 19 abstentions.

Before approving this text, the Assembly voted separately on and approved three of its preambular paragraphs. By one, it expressed its conviction that the realization of civil and political rights was "inseparately linked" with the enjoyment of economic, social and cultural rights. By the second, it said it was "desirous" of removing all obstacles to the realization of human rights, in particular colonialism, neo-colonialism, racism, racial discrimination, apartheid, foreign intervention, occupation, aggression, discrimination and domination. By the third, it recognized the fundamental rights of every people to exercise soverignty over its natural wealth and resources.

In resolution 40/115, approved without vote, the Assembly urged States that had not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as to consider acceding to the Optional Protocol to the latter.

By a text on the reporting obligations of States parties to United Nations conventions on human rights, (40/116, without a vote), the Assembly expressed its "deep concern" about the "alarming number" of overdue reports of many States parties to the conventions, in particular of the International convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights. "New timely steps" were needed, it said, to ascertain the causes of "the present situation" regarding the non-submission of reports and to devise feasible types of action intended to remove the difficulties being encountered. The Secretary-General was asked to request States parties with more than two overdue reports to indicate the reason for their difficulties in complying with the reporting obligations and their interest in technical advice and assistance.

In December 1966 the Assembly adopted the two International Covenants on human rights; both entered into force in 1976. Together with the 1948 Universal Declaration of Human Rights and an Optional Protocol to the Civil and Political Rights text, they are called the "International Bill of Rights".

As of 1 September 1985, the International Covenant on Economic, Social and Cultural Rights had been ratified or acceded to by 84 States and had been signed by 9 States; the International Covenant on Civil and Political Rights ahd been ratified or acceded to by 80 States and had been signed by 10 States; the Optional Protocol to the International Covenant on Civil and Political Rights had been ratified or acceded to by 35 States and signed by 7 states.

Torture: On the question of torture and other cruel, inhuman or degrading treatment, the Assembly approved two resolutions, both without vote. By one (40/127), it called on Governments, organizations and individuals to respond favourably to requests for contributions to the United Nations Voluntary Fund for Victims of Torture. The Secretary-General was asked to assist the Board of Trustees of the Fund in efforts to make the Fund and its humanitarian work better known and in its appeal for contributions.

By a second text (40/128), the Assembly requested States which have not yet done so to sign and ratify the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as a matter of priority. It also asked the Secretary-General to submit to the Commission on Human Rights and to the General Assembly in 1986 a report on the status of the Convention.

The Convention on Torture was opened for signature in New York on 4 February 1985; as of 1 September 1985, it had been signed by 33 States.

The Voluntary Fund for Victims of Torture was established by the Assembly in 1981 to receive voluntary contributions for distribution to individuals who have been tortured adn to their relatives. It is administered by the Secretary-General with the advice of a five-member Board of Trustees, whose mandate was extended by the Secretary-General for a three-year period beginning 1 January 1986.

Therapy and rehabilitation projects account for 98 per cent of funds allocated in 1985. Those programmes vary according to local circumstances, the needs of the victims and their families and the extent to which help can be obtained from already existing sources. Generally, they adopt a "comprehensive approach", dealing with the wide range of problems consequent to torture--medical, psychological, social and economic-- and with the persons in the context of their family, society and employment. The long-range aim of the projects is to enable the victim and his family to return to a productive and normal life within the community. The projects are usually carried out by humanitarian organizations which are often related to churches or religious bodies. In some cases, the United Nations High Commissioner for Refugees serves as an implementing channel for projects supported by the Voluntary Fund.

Nazi and Fascist activities: In 1967, the Assembly had noted concern expressed regarding recent manifestations of racial intolerance, including the revival of groups professing such ideologies as nasizm, and called on States to take measures against them.

In adopting resolution 40/148 by a vote of 121 to 2 (Israel, United States), with 27 abstentions, the Assembly condemned adn expressed its determination to resist all totalitarian or other ideologies, including Nazi, fascist and neo-fascist ideologies based on racial intolerance, hatred and terror, which deprived people of basic human rights. States were urged to prohibit activities of groups practising those ideologies, and to adopt, as a "matter of high priority", measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred and of war propaganda, including Nazi, Fascist and neo-Fascist ideologies.

Before adopting that text, the Assembly aproved a preambular paragraph by which it emphasized that all totalitarian ideologies may jeopardize world peace and constitute obstacles to friendly relations between States and to the realization of human rights "and social progress in the world".

New humanitarian order: The Assembly, in resolution 40/126, invited Governments that had not yet done so to communicate to the Secretary-General their views regarding the proposal to promote a new international humanitarian order. The Secretary-General was asked to report in 1986 on the subject, including a survey of specific humanitarian issues. The resolution was adopted without a vote.

In 1981, Jordan proposed the creation of a new humanitarian order because of the "urgently felt need" to strengthen the international response to human suffering caused by manmade and natural disasters. The Assembly subsequently asked the Secretary-General to seek views of Governments on the proposal.

The Secretary-General's report on this question (A/40/348 and Add. 1) includes the views of 33 Governments, as well as a description of the existing network of humanitarian agencies which seek to respond to humanitarian emergencies or to contribute to humanitarian causes generally. He noted that the issues identified as acute humanitarian problems that required attention and that lent themselves to solutions within the scope of humanitarian organizations are: hunger, health and environmental conditions, unemployment, illiteracy, the situation of women and children, genocide, arbitrary and summary executions, torture, enforced or involuntary disappearances, slavery, armed conflicts, weapons that cause human suffering, situations of gross violations of human rights, humanitarian law, refugees and disaster relief, mass exoduses, migrant workers and non-citizens, natural and man-made disasters, population questions, religious intolerance, the drug problem and regions or countries in need of special humanitarian assistance.

The Secretary-General concludes the preparation of a universal declaration would draw upon the existing instruments, and that it was "open to discussion" whether principles could be drawn up in a new declaration that would extend much further than those existing presently.

On the other hand, an attempt to "renegotiate" existing principles could lead to weakening them, he said. The idea of a universal declaration of fundamental humanitarian principles would thus seem to be "basically a project of codification which has attendant risks". On the other hand, an incremental approach involving the addition of standards dealing with pressing new problems might avoid such risks. The tasks of consolidation, systematization, codification and progressive development, might for the time being, be left to be resolved through evolving practice and to the endeavours of scholars.

Fund for indigenous: The Assembly decided to establish the United Nations Voluntary Fund for Indigenous Populations to assist representatives of indigenous communities and organizations to participate in the deliverations of the Working Group on Indigenous Populations. Financial assistance to those people is to be funded from voluntary contributions by Governments, non-governmental organizations and other private or public entities, and offered only to those who would not be able to attend the sessions of the Working Group without assistance and to those who can contribute to a deeper knowledge of the problems affecting indigenous populations. Resolution 40/131 was approved without a vote.

Genocide: The Assembly, in resolution 40/142, adopted without vote, strongly condemned the crime of genocide and reaffirmed the necessity of international co-operation in order to liberate mankind from such an "odious scourge". It urged those States which have not yet become parties to the Convention on the Prevention and Punishment of the Crime of Genocide to ratify or accede to it "without delay".

Executions: The Assembly, in resolution 40/143, adopted without vote, strongly condemned the "large number" of summary or arbitrary executions, including extra-legal executions, which continue to take place. It demanded that the practice be brought to an end, and welcomed the decision of the Economic and Social Council by which it continued the mandate of the Special Rapporteur of examine the questions related to summary or arbitrary executives for another year.

Disappearances: On the question of enforced on involuntary disappearances, the Assembly called upon the Commission on Human Rights to continue to study the issues as a "matter of priority" and to take any step it may deem necessary to the pursuit of the task of the Working Group on Enforced and Involuntary Disappearances when it considers the Group's report in 1986. It appealed to Governments concerned to co-operate with the Working Group and the Commission in their humanitarian objectives and their working methods; and encouraged Governments concerned to consider "with special attention" any expressed wish to the Working Group to visit their country, thus enabling it to fulfill its mandate. Resolution 40/147 was adopted without a vote.

Mass Exoduses: The Assembly, in resolution 40/149, adopted without vote, invited Governments to intensify their co-operation in world-wide efforts to address the serious problem of mass exoduses of refugees and displaced persons. The Secretary-General was asked to continue to follow closely developments in the area of human rights and mass exoduses. The Assembly also expressed encouragement for his efforts to enable the United Nations to anticipate and react "more adequately and speedily" to cases requiring humanitarian assistance.