Human Rights Commission appoints special rapporteur on mercenaries, considers religious freedom, acts for first time on human rights situation in Sri Lanka.

Human Rights Commission appoints Special Rapporteur on mercenaries, considers religious freedom, acts for first time on human rights situation in Sri Lanka 

The appointment of a new SpecialRapporteur to examine the question of the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination, and review of the first global report on the subject of religious freedom were among the actions taken at the forty-third session of the Commission on Human Rights (Geneva, 2 February-13 March).

The Commission, also for the firsttime, acted with regard to the question of human rights in Sri Lanka, calling for full respect for universally accepted rules of humanitarian law, and renunciation of force and violence. A text on the question of human rights in Cyprus was adopted for the first time in the past nine years.

The Commission also terminatedthe mandate of the Special Representative on the situation in Guatemala, while continuing its observation of the situation of human rights in that country, stating its satisfaction that that Government had taken measures to protect human rights.

The 43-member body, a subsidiaryof the Economic and Social Council, adopted a total of 61 resolutions and 11 decisions on matters ranging from alleged human rights violations in certain countries and regions, to rights of particular groups, including migrants, minorities, and children, to realization of economic, social and cultural rights.

Chairman's statement: New CommissionChairman Leonid F. Evmenov (Byelorussian SSR), at the session's opening, said the world was composed of States with differing social and economic structures which had to adopt a realistic and multilateral approach in their mutual relations. Differences should not be used as a pretext to exercise a monopoly in regard to the application and interpretation of human rights, nor should they be used for political purposes. The logic of the nuclear age should induce States to seek a solution to all the problems of mankind, primarily by securing life and survival, as well as the future of coming generations, in a spirit of tolerance. Intolerant attitudes in regard to political, economic, spiritual and ideological differences should be condemned as, in fact, they already had been by persons of common sense and by great minds alike.

Outgoing Chairman HectorCharry-Samper (Colombia) on 2 February said: "In a world torn apart by all forms of violence which was causing so much suffering on all the continents and under the most varied political and economical regimes, . . . the Commission on Human Rights appeared as a sort of beacon that dispelled the darkness surrounding violations of human rights.'

It had to give priority to humanitarianconsiderations and was obliged to urge States to respect the commitments that they had freely undertaken when acceding to the international instruments relating to human rights, he said.

It also was called upon to deal withsituations arising from the most serious current conflicts in the face of which the United Nations sometimes seemed powerless. The Commission must endeavour to protect human rights in all situations, without distinction on grounds of race, sex, religion or belief, and must identify as objectively as possible the flagrant and systematic violations of human rights that the international community had gradually codified and developed on the basis of the provisions of the Charter and the relevant declarations and Covenants.

Kurt Herndl, Assistant Secretary-Generalfor Human Rights, told the 43-member body that the world might possibly be at a turning-point in its existence since peoples and their leaders had become more and more convinced that only mutual respect, true human understanding and democracy could ensure human development. In the final analysis, improvement of the human condition--the declared aim of all Governments and of the United Nations--was conceivable only if human rights were observed and if a universal climate of solidarity were established. The real need was for human solidarity to which everyone ought to pledge themselves.

In addition to Chairman Evmenov,other officers are Alioune Sene (Senegal), Ole Peter Kolby (Norway) and Abdul Jabbar Al-Haddawi (Iraq), Vice-Chairmen; and Maria Esperanza Ruesta de Furter (Venezuela), Rapporteur.

Commission members are: Algeria,Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Byelorussian SSR, China, Colombia, Congo, Costa Rica, Cyprus, Ethiopia, France, Gambia, German Democratic Republic, Federal Republic of Germany, India, Iraq, Ireland, Italy, Japan, Lesotho, Liberia, Mexico, Mozambique, Nicaragua, Norway, Pakistan, Peru, Philippines, Rwanda, Senegal, Somalia, Sri Lanka, Togo, USSR, United Kingdom, United States, Venezuela and Yugoslavia.

New Rapporteur

By a vote of 30 in favour to 11against, with 1 abstention, the Commission appointed for a one-year term a Special Rapporteur to examine the question of the use of mercenaries as a means to violate human rights and to impede the exercise of the right of peoples to self-determination.

The Special Rapporteur, to benamed by the Commission Chairman, is to obtain credible and reliable information from Governments, as well as specialized agencies, intergovernmental organizations and non-governmental organizations.

Secretary-General Javier Perez deCuellar was asked to appeal to Governments to co-operate with and assist the Special Rapporteur, who will report to the Commission in 1988, in performing his duties.

Before the vote on the resolution,the Commission rejected by a vote of 11 in favour to 30 against, with 1 abstention, amendments to the draft, by which the Commission, instead of appointing a Special Rapporteur, would have asked the Ad Hoc Working Group of Experts on the situation of human rights in southern Africa to study the use of mercenaries in all its aspects.

The 11 nations opposing theadopted resolution and favouring the amendments were: Australia, Austria, Belgium, France, Federal Republic of Germany, Ireland, Italy, Japan, Norway, United Kingdom and United States.

Another Special Rapporteur,Angelo Vidal d'Almeida Ribero, appointed in 1986 to conduct fact-finding in the field of religious freedom, in making his first report on that subject to the Commission, recommended work begin on an international convention against religious intolerance. He stated that manifestations of the practice of intolerance and discrimination based on religion or belief occurred in varying degrees in more than 40 countries in nearly all economic, social and ideological systems and in all regions of the world.

Although he had observed thephenomenon in countries where there was a single dominant religion, he had also found it in large countries where, despite the co-existence of many religions, political or ideological factors sometimes contributed to interfere with freedom of worship.

The Commission decided to continueMr. d'Almeida Ribero's mandate for another year. States were urged to provide adequate constitutional and legal guarantees for freedom of thought, conscience, religion and belief, and to examine the supervision and training of their civil servants, educators and other public officials to ensure that, in the course of their official duties, they respect different religions and beliefs and do not discriminate against persons professing other religions or beliefs.

By the resolution on Sri Lanka,adopted by consensus, the Commission called on all parties and groups to respect fully the universally accepted rules of humanitarian law, to renounce the use of force and acts of violence and to pursue a negotiated political solution, based on principles of respect for human right and fundamental freedoms.

The Commission appealed to theGovernment of Sri Lanka to intensify its co-operation with the International Committee of the Red Cross (ICRC) in the fields of dissemination and promotion of international humanitarian law, and consider favourably the offer of the services of the ICRC to fulfil its functions of protection of humanitarian standards, including provision of assistance and protection to victims of all affected parties.

Jayantha Dhanapala (Sri Lanka) saidthat while his country had accepted the major part of the preoccupations expressed by the co-sponsors of the draft resolution--Argentina, Canada and Norway--there had also been attempts to impose on his country "unacceptable elements'. His country would, nevertheless, and in keeping with its traditional attitude, continue to cooperate with the Commission.

The Commission, in the text onCyprus, reiterated previous calls for full restoration of all human rights to the population of Cyprus, in particular to the refugees; considered attempts to settle any part of Varosha by people other than its inhabitants as illegal and called for the immediate cessation of such activities; and called for the tracing of and accounting for missing persons in Cyprus without any further delay, and for the restoration and respect of the human rights and fundamental freedoms of all Cypriots, including freedom of movement, freedom of settlement and the right to property. The vote was 25 to 3 (Bangladesh, Pakistan, United States), with 15 abstentions.

In closed session, confidential communicationsregarding Albania, Haiti, Paraguay and Zaire were considered. It was later announced that the situation in Haiti would no longer be under review.

The Commission decided that aresolution on Haiti, adopted at a closed meeting on 1 March, should be made public. By it, the Commission invited the Government of Haiti to continue in its endeavours to develop full respect for human rights and fundamental freedoms in the country.

The Secretary-General was asked tomaintain contact with Haiti with a view to responding to any request for advice or technical assistance in the field of human rights. The Secretary-General was also invited to award three fellowships to qualified Haitian nationals for training in these areas: role of the police in the promotion and protection of human rights, human rights of prisoners and detainees, and human rights in the administration of justice.

The Commission also recommended,in a separate decision, that the Economic and Social Council agree to make public the report of the Commission's Special Representative on the human rights situation in Haiti (E/CN.4/1987/R.2) so as to encourage assistance to the Government of Haiti in its endeavours to bring about full respect for human rights and fundamental freedoms in Haiti.

In other action, the Commissionstrongly condemned the South African regime for its "brutal repression and indiscriminate torture and killing' of opponents of apartheid, and condemned its "wanton acts of aggression and destabilization' against front-line and other neighbouring States. (The frontline States are Angola, Botswana, Mozambique, United Republic of Tanzania, Zambia and Zimbabwe.)

The Commission also condemnedIsrael for its policies and practices in occupied Arab territories, reaffirmed the right of the Palestinian people to establish "their independent and sovereign State', and strongly condemned "all terrorist acts' undertaken against the Palestinian inhabitants of the occupied territories.

The Commission adopted resolutionson situations in Afghanistan, Chile, El Salvador, Guatemala and Iran. Texts relating to Equatorial Guinea, Kampuchea and Western Sahara were also considered. Following a debate on a draft resolution on the situation of human rights and fundamental freedoms in Cuba, the Commission approved--by a vote of 19 to 18, with 6 abstentions--a motion by India not to act on the draft. By a vote of 17 to 15, with 11 abstentions, the Commission approved another motion by India not to take a decision on a draft resolution on the policy of human rights violations of the Government of the United States.

The Commission approved measuresfor continuing work or new initiatives relating to the realization of economic, social and cultural rights; the rights of migrant workers, children and minorities; and advisory services. Measures were also approved relating to unacknowledged detention; summary or arbitrary executions; enforced or involuntary disappearances; and mass exoduses.

This year, the Commission did notreview the report of its SubCommission on Prevention of Discrimination and Protection of Minorities because the 1986 session of the Sub-Commission did not take place. The Commission agreed that the mandate of present Sub-Commission members be extended for a year to ensure their participation in the 1987 session. The Secretary-General was asked to ensure that the Sub-Commission's 1987 session and related sessions of its working groups be held, as scheduled, in July and August.

Nicaragua and Ethiopia were designatedas members of the Group of Three on the application of the International Convention on the Suppression and Punishment of the Crime of Apartheid, with another member to be determined.

Country situations

Afghanistan: The Commissionadopted two resolutions--one on the situation in Afghanistan and the other on the question of human rights and fundamental freedoms in that country.

Under the first, the Commissiondeclared that the people of Afghanistan "continue to be denied their right to self-determination and to determine their own form of government and to choose their economic, political and social system free from outside intervention, subversion, coercion or constraint of any kind'.

It expressed grave concern at the"continued foreign armed intervention in Afghanistan', and called for the immediate withdrawal of foreign troops from Afghanistan; a political settlement of the situation in Afghanistan on the basis of the withdrawal of foreign troops and full respect for the independence, sovereignty, territorial integrity and non-aligned status of Afghanistan and strict observance of the principle of non-intervention and non-interference. The right of Afghan refugees to return to their homes in safety and honour was affirmed, and all concerned were urged to work towards a settlement which would ensure that Afghans determined their destiny free from outside interference. The Secretary-General was asked to continue his efforts with a view to promoting a political solution, and all concerned were urged to continue to co-operate with the Secretary-General. The vote on the text was 30 in favour to 5 against, with 6 abstentions.

In the second text, the Commissionexpressed its deep concern that the Afghan authorities, with heavy support from foreign troops, were acting with great severity against their opponents and suspected opponents without any respect for the international human rights obligations they had assumed. Grave concern was expressed at the methods of warfare used, which were contrary to humanitarian standards and the relevant instruments to which the States concerned were parties. The Commission expressed its profound distress and alarm, in particular, 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 regime's opponents, as well as at continuing evidence of a policy of religious intolerance. The parties to the conflict were called upon to apply fully the principles and rules of international humanitarian law. The mandate of the Special Rapporteur was extended for a year. The vote on the text was 26 in favour to 8 against, with 7 abstentions.

By a vote of 22 to 9, with 10 abstentions,the Commission decided not to take action on a resolution on the question of the human rights and fundamental freedoms of the people of Afghanistan, sponsored by the USSR. Another resolution on the question of the human rights and fundamental freedoms of the Afghan people was withdrawn by its sponsor, Byelorussian SSR.

Special Rapporteur Felix Ermacorareported (E/CN.4/1987/22) that the amnesty decree of 25 January 1987 was not unconditional, with certain types of "political crimes' excluded. Also, there had been no marked change in the human rights situation in the country. Many wounded persons were crossing the border and the number of refugees was increasing steadily, reaching 5 million.

Abdul Wakil, Foreign Minister ofAfghanistan, said that after the victory of the national democratic revolution of April 1978, appropriate conditions had been created for the strict observance of human rights in Afghanistan. All citizens of Afghanistan, irrespective of their colour, creed, sex, language, religion, nationality and class affiliation, enjoyed all political, economic, social and cultural rights on an equal basis. The policy of National Reconciliation was a peaceful and human policy. The unilateral declaration of a cease-fire constituted the first step towards the attainment of country-wide peace and implementation of the programme of National Reconciliation.

Chile: In a resolution adoptedwithout a vote, the Commission expressed its deep concern at the persistence of serious violations of human rights in Chile, as described in the Special Rapporteur's report (E/CN.4/ 1987/7). The re-establishment of a "legal and political order based on the expression of the people's will through an electoral process, open to all citizens on an equal footing, and on free elections' was fundamental for full respect for human rights in Chile, it stated. The Chilean Government was urged to honour requests from various social and political sectors for the peaceful reestablishment of a pluralist democracy.

Concern was expressed at the systematicand continuing restrictions imposed by the Chilean Government on the exercise of the rights to freedom of expression, assembly and association through the use of "repressive methods and violent responses to social and political opposition demonstrations'. Deep concern was expressed by the Commission at what it called the persistent ineffectiveness of the Chilean Government in respecting human rights, and at the ineffectiveness of government authorities in preventing the ill-treatment of individuals by the military, police and security forces. Dismay was expressed over the continued acts of extreme violence.

The mandate of Fernando VolioJimenez as Special Rapporteur was extended for a year. He reported (E/CN.4/1987/7) that the Chilean Government had continued to cooperate with him, that the process of adoption of election laws and the restoration of democratic normality had been speeded up in the past six months. Progress had been made in putting an end to the exile of Chileans. But in the second half of 1986, serious acts of violence against individuals had been committed by persons linked to government agencies. Persons opposed to the Government had been arrested. Extremely dangerous private gangs still operated in Chile. There appeared to be a pattern of intimidation and harassment of members of the Catholic Church.

Mario Calderon of Chile told theCommission his country had resumed co-operation with the Commission through the Rapporteur in an exemplary fashion. The United Nations response was disappointing because reports and resolutions continued to be unfavourable. Chile rejected allegations against it. Since impartiality could not be expected towards Chile, it would henceforth act in the light of its national interest while co-operating with the Commission.

Earlier, the United States had withdrawna draft resolution sponsored by it on the question of human rights in Chile.

El Salvador: The Commission, in atext adopted by 36 votes in favour to none against, with 7 abstentions, expressed deep concern at the serious and numerous violations of human rights which continued to take place in El Salvador owing, among other things, to non-fulfilment of the humanitarian rules of war. The Government of El Salvador and the insurgent forces were asked to adopt measures conductive to the humanization of the conflict by observing scrupulously the Geneva Conventions of 1949 and the 1977 Additional Protocols. They were also called upon to do their utmost in all measures intended to avoid deaths or harm to the physical integrity of the non-combatant population as a result of warfare and the placing of contact mines.

The Commission asked States torefrain from intervening in El Salvador's internal situation and, instead of helping in any way to prolong and intensify the armed conflict, to encourage the continuation of the dialogue between the Government of El Salvador and the insurgent forces until a just and lasting peace was achieved. The early resumption of talks between the Government of El Salvador and the insurgent forces--to reach a negotiated comprehensive political settlement--was recommended. Competent authorities were urged to hasten the adoption of measures to investigate the violations of human rights, and the mandate of the Special Representative was extended for another year.

Special Representative on El Salvador,Professor Jose Antonio Pastor Ridruejo, reported (E/CN.4/1987/21) that the systematic attacks carried out by the FMLN (Frente Farabundo Marti para la Liberacion Nacional) against the country's economic infrastructure seriously threatened the enjoyment by Salvadorians of important economic, social and cultural rights. The forced evacuation of civilian populations, although compatible in principle with international humanitarian law, resulted subsequently in intractable human and social problems.

Non-combat-related political assassinationscommitted by members of the armed forces, security bodies and Civil Defence continued in 1986, although the number was appreciably lower than in 1985. Guerrilla forces continued their practice of summary executions and abductions of civilians, although mass killings were not reported. The number of political prisoners had increased.

Ricardo Acevedo Peralta, ForeignMinister of El Salvador, said his Government was determined to continue with the policy of peaceful coexistence within the country. It was exerting efforts to create a democratic pluralistic society despite many obstacles, in particular by the violent activities of terrorist groups. The Government was trying to implement five major goals in its policy, including democratization of society, the creation of a representative democracy and amelioration of the national economy. One could not deny that there were some problems in the area of human rights because of the existing violence, but the total balance in that respect was positive. Recently, a state of siege had been lifted and some new measures had been taken to strengthen the law. He reiterated the determination of his Government to involve the rebellious forces into a dialogue with the aim of ending the internal conflict and strengthening respect for human rights.

Guatemala: The Commission welcomedthe process of democratization and return to constitutionality-- fundamental steps towards complete and effective enjoyment of human rights and fundamental freedoms by all sectors of the population of Guatemala.

The Government of Guatemala wasencouraged to continue to take measures for the effective application of the Constitution and other laws aimed at safeguarding those rights and freedoms. The hope was expressed that appropriate authorities would investigate human rights violations reported to them and that they would make all possible efforts to clarify the fate of the disappeared persons. The Secretary-General was asked to appoint an expert to assist the Government of Guatemala in taking action for the further restoration of human rights.

Iran: The Commission expresseddeep concern over allegations of grave human rights violations in Iran reported by the Special Representative on that situation. It agreed that acts continued to occur in Iran which were inconsistent with the provision of treaties and covenants by which the Government of that country was legally bound. Iran was urged to respect and ensure to all individuals within its territory the rights recognized in the International Covenant on Civil and Political Rights, to which it was a party. The mandate of the Special Representative was extended for a year. The vote on the resolution was 18 in favour to 5 against, with 16 abstentions.

Special Representative on the situationin Iran, Reynaldo Galindo Pohl, reported (E/CN.4/1987/23) that some 7,000 executions had taken place in Iran between 1979 and the end of 1985. Some sources said the number was much higher, he said.

Although Iran's Constitution prohibitedtorture to obtain confessions, there had been numerous detailed allegations of widespread torture and ill-treatment, principally affecting imprisoned members or supporters of political opposition groups or members of religious or ethnic minorities.

The Special Representative heardcharges that arrests were made without warrant, mostly by groups of revolutionary guards who had detained persons in their homes or on the street.

It was alleged that accused personshad not been informed of charges against them, could not communicate with counsel of their own choosing and had no legal assistance. Trials were sometimes as short as five minutes.

Members and supporters of oppositiongroups who had reportedly not engaged in violent activities, and members of religious and ethnic minorities, and in particular followers of the Baha'i faith, continued to be subject to harassment, discrimination and persecution.

The Special Representative stressedthat the numerous and detailed allegations of human rights violations had been made, to a large extent, by organizations and groups with a "particular political or religious interest'.

Iran maintained that no one wasprosecuted for his political beliefs or for his "ideas about Marxism, Baha'ism or atheism'.

S. Nasseri (Iran) said his countrywould continue to adhere to the provisions of the Universal Declaration of Human Rights and the two International Convenants which were consistent with, or at least not contradictory to, Islamic law. The political groups listed in the report all followed the same objective of undermining Iran's sovereignty. Iran's efforts for full co-operation with the Commission had been rejected by certain influential Commission members.

Iran said that under its Constitutionno community, including the Bahai's, were persecuted for their thoughts. But the penal code was applied to any individual or group which engaged in subversive acts or any other act directed at undermining the sovereignty of the Government.

Other situations: The Commissionasked the Government of Equatorial Guinea to consider implementation of the plan of action proposed by the United Nations, based on recommendations submitted by Fernando Volio Jimenez, the expert appointed by Secretary-General Javier Perez de Cuellar pursuant to a 1980 Commission resolution. The plan had been accepted by the Government of Equatorial Guinea. The Secretary-General was asked to continue his contacts with that Government to explore ways of assisting it in the framework of the plan's implementation.

Persistent human rights violationsin Kampuchea were condemned. The Commission deplored repeated military attacks by occupying troops against civilians along the Thai-Kampuchean border and reported forced demographic changes and displacement of the Kampuchean population.

The withdrawal of all foreign forcesfrom Kampuchea, the restoration of Kampuchea's independence, sovereignty and territorial integrity, the recognition of the Kampuchean people's right to self-determination and the commitment by all States to non-interference and non-intervention in Kampuchea's internal affairs, it said, were essential components of a just and durable solution to the Kampuchean problem. The Secretary-General should use his good offices for a comprehensive political settlement and restoration of fundamental human rights. The vote was 29 to 8, with 3 abstentions.

In a text on Western Sahara, theCommission requested the parties to the conflict--Morocco and the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (Frente POLISARIO)--to undertake direct negotiations for a peaceful and fair referendum. The vote was 27 to none, with 15 abstentions.

Southern Africa: Seven resolutionswere adopted on the human rights situation in southern Africa. The United States, the United Kingdom and some other Western States voted against most of the texts adopted with regard to southern Africa. Among other things, the Commission strongly urged the Security Council to impose comprehensive mandatory sanctions against South Africa under Chapter VII of the Charter, and called on Western and other countries with political, economic, military, nuclear, strategic, cultural and sports relations with South Africa to sever such relations.

It also condemned the continuingnuclear collaboration and other types of assistance of certain Western States, Israel and other States with South Africa; continuing activities of foreign economic and other interests impeding the implementation of the Declaration on decolonization; the policy of "bantustanization' and the imposition of censorship and other restrictions on the media.

The Commission strongly condemnedthe continuation of Namibia's illegal occupation and South Africa's attempts to dismember its territory, as well as the perpetuation of the racist minority regime in southern Africa and the "unacceptable attempts' by South Africa to impose the so-called interim government on Namibians.

The Commission also stronglyrecommended that the Economic and Social Council consider declaring an "Academic Year against Apartheid' and that the subject "The evils of apartheid' be taught in all educational institutions throughout the world.

Occupied territories: Five resolutionswere adopted regarding the human rights situation in Israeli-occupied Arab territories. The United States voted against all five texts, and was joined by other Western countries on some of the drafts. The Commission requested the General Assembly to recommend to the Security Council the adoption of measures against Israel referred to in Chapter VII of the Charter; strongly condemned the implementation of the "iron fist' policy against the population of the occupied territories; and firmly rejected and reiterated its condemnation of Israel's decision to annex Jerusalem and to change the physical character, demographic composition, institutional structure or status of the occupied territories.

Israel's attempts to subject the WestBank and the Gaza Strip to Israeli laws was strongly condemned, and it was asked to take immediate steps for the return of displaced Arab inhabitants to their homes and property in Palestine and other occupied territories.

Israel's "systematic refusal' to applythe Geneva Convention relative to the Protection of Civilian Persons in Time of War to the territories it had occupied since 1967 was also strongly condemned.

The body firmly emphasized the"overriding necessity' of Israel's total and unconditional withdrawal from all occupied territories, and reaffirmed its support for an international peace conference on the Middle East.

Israel was strongly condemned forits human rights violations in southern Lebanon, and it was called on to immediately end its repressive practices, and to implement Security Council resolutions requiring its immediate, total and unconditional withdrawal from Lebanon.

Under a resolution on the situationin the Palestinian refugee camps in Lebanon, the Commission strongly condemned the repeated attacks on those camps. The vote was 29 to 2 (Costa Rica, Philippines) with 12 abstentions.

Other action

The Commission adopted othertexts on a variety of subjects (vote as noted in parentheses). Under them, it:

Urged transnational corporationsto ensure that their activities did not adversely affect the process of implementing human rights in developing countries [28 in favour to 11 against with 2 abstentions];

Asked the Sub-Commission onPrevention of Discrimination and Protection of Minorities to consider preparing a study on the impact of human rights of the policies and practices of the major international financial institutions, most notably the International Monetary Fund and the World Bank (27-10-5);

Appealed to States to recognizethat conscientious objection to military service should be considered a legitimate exercise of the right to freedom of thought, conscience and religion recognized by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; and invited States to take measures aimed at exemption from military service on the basis of a genuinely held conscientious objection to armed service [26-2 (Iraq, Mozambique)-14];

Urged States, in accordance withtheir respective constitutional systems, and in accordance with the Universal Declaration of Human Rights, to provide adequate constitutional and legal provisions to protect the right of everyone to own property alone as well as in association with others and the right not to be arbitrarily deprived of one's property; and affirmed that nothing in that Declaration might be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth therein (30-0-11);

Noted the ongoing work on areport on measures for securing the implementation and enjoyment of human rights by youth, particularly the right to life, education and work (34-0-8);

Expressed deep concern that millionsof people did not enjoy the right to adequate housing; and called on States and international organizations concerned to pay special attention to the realization of the right to adequate housing in carrying out measures for the observance of the International Year of Shelter for the Homeless (1987), among other things, by developing shelter strategies and settlement improvement programmes [40-0-2 (Japan, United States)];

Emphasized that dissemination ofinformation in the field of human rights should be pursued in good faith and should contribute to the understanding of problems existing in different societies and improve awareness of differing economic, social and cultural realities [41-0-1 (United States)].

Censured the actions of all personsresponsible for taking hostages, whatever their motives, and demanded that they should immediately release those they were holding; called on States to take "any measures necessary' to prevent and punish the taking of hostages and to put an immediate end to cases of abduction and unlawful restraint on their territory; and asked the Secretary-General, whenever so requested by a State, to employ all means at his disposal in order to secure the immediate release of persons held hostage.

Appealed to States to release immediatelyanyone detained solely for exercising the right to freedom of expression.

Invited Governments and concernedinternational organizations to intensify their co-operation and assistance in efforts to address the serious problems resulting from mass exoduses of refugees and displaced persons, and also the causes of such exoduses; and asked Governments to ensure the effective implementation of relevant international human rights instruments, in particular in the field of human rights, as that would contribute to averting new massive flows of refugees.

Affirmed the necessity of internationalco-operation in order to liberate mankind from the odious crime of genocide; and urged States that had not yet become parties to the Convention on the Prevention and Punishment of the Crime of Genocide to ratify it or accede to it without further delay.

The Commission also continued itsefforts with regard to implementation of the Declaration on the Right to Development, and popular participation in development and in the full realization of all human rights.

Work also proceeded on a reviseddraft declaration on the rights of persons belonging to national, ethnic, religious and linguistic minorities, 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, a draft convention on the rights of the child, a second optional protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty, and an international convention on the protection of the rights of all migrant workers and their families.

Further attention was to be given tothe question of a declaration against unacknowledged detention of persons, as well as to the question of states of siege or emergency. The Secretary-General was asked to establish and administer in accordance with the Organization's Financial Regulations and Rules a voluntary fund for advisory services and technical assistance in the field of human rights.

Religious freedom

In the first report on religious freedom(E/CN.4/1987/35), Mr. d'Almeida Ribero stated that, although most countries established freedom of thought, conscience and religion in their legislation, and often in their Constitution, the existence of a contradiction was often noted between those general provisions and other texts of laws or administrative decrees establishing measures that infringed the right to freedom of religion and belief. Sometimes, the right to freedom of thought, conscience and religion was repressed at its very core, by a ban on any manifestation of a religion or belief. In other cases, however, the enjoyment of that right was impeded in one of its specific manifestations, such as, for example, certain acts of worship.

Between those two extremes, theSpecial Rapporteur observed, there was a spectrum of measures and actions inconsistent with the provisions of the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief. In the majority of cases, a series of restrictions in different areas affected the followers of one or several beliefs in one particular country. No religion or belief was favoured over others or spared in that connection; intolerance was not confined to a given belief, and manifestations of it might be seen everywhere.

At the legislative level, there werecases where certain religions, considered to be heretical by the supporters of the official faith, were prohibited and their followers deprived of all legal protection. Those legislative obstacles might be replaced by, or often combined with, political, economic or cultural factors.

Manifestations of intolerance anddiscrimination based on religion or belief not only constituted a flagrant infringement of the principle of freedom of thought, conscience and religion, enshrined in several international human rights instruments, but also posed a threat to the exercise of other fundamental human rights.

"The outcome of the savage repressionin certain countries, of the supporters of a particular faith or belief, and the heavy toll taken by armed conflicts in which ideological considerations are involved is that the victims of intolerance can be counted in hundreds of thousands. The atmosphere of instability fostered by such confrontations is a real threat to international peace and security,' Mr. d'Almeida Ribero reported.

In order to strengthen the guaranteesfor securing respect for the right to freedom of thought, conscience and religion, work should begin on the elaboration of an international convention on the elimination of all forms of intolerance and of discrimination based on religion or belief. In the meantime, Governments should implement United Nations standards in the area of protection and promotion of freedom of religion and belief. Administrative practices should be reviewed, at the national, regional and local levels, to bring them into line with the principles proclaimed in respect of tolerance and non-discrimination in religion or belief.

At the national level, appropriatemechanisms should be established for setting up conciliation procedures to deal with disputes arising from questions of religion or belief. The creation of a post of ombudsman for religious matters or of a conciliation commission might be envisaged. A dialogue should also be established through the establishment of institutional mechanisms, such as commissions of representatives of Governments and of religious and other non-governmental organizations competent in that field, which could suggest ways of combating discrimination and intolerance in matters of religion or belief.

Victims of intolerance or of discriminationbased on religion or belief should be able to avail themselves of effective legal remedies. Education should be aimed at inclucating, from early childhood, a spirit of tolerance and respect for the spiritual values of others.

Torture: The Commission this yearendorsed the recommendation of the Special Rapporteur, Pieter H. Kooijmans, appointed to monitor alleged cases of torture worldwide, that States sign and ratify at the earliest possible time the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The period of incommunicado detention should be limited and training programmes for law enforcement and security personnel, especially in countries where torture had been regularly practised under a previous regime, should be instituted.

Governments and medical associationsshould take strict measures against all persons belonging to the medical profession who had in that capacity had a function in the practice of torture. A committee of experts should periodically visit places of detention or imprisonment. Until such a system was established, Red Cross teams should be granted admission to places of detention and imprisonment.

An independent authority to receivecomplaints by individuals about administrative abuses, including torture, should be established. The Special Rapporteur concluded: "Torture should be viewed objectively and seen by everyone, Governments and individuals alike, for what it is: the criminal obliteration of the human personality, which can never be justified by any ideology or overriding interest, as it destroys the very basis of human society.'

Disappearances: The Commissionurged Governments concerned to cooperate with and assist the Working Group on Enforced or Involuntary Disappearances, and to take steps to protect the families of disappeared persons against any intimidation or ill-treatment to which they might be subject. The Working Group reported (E/CN.4/1987/15) the practice of disappearances was increasing at an alarming rate in a few countries, while in several others it had ceased or significantly diminished. However, many thousands of cases remained unclarified. In several countries there was a pattern of short-term disappearances. The enforced disappearance of defense lawyers and human rights advocates at the hands of government agents also appeared to be on the increase. The same face was being suffered by relatives of missing persons.

Executions: The Commission endorsedthe recommendation of Special Rapporteur on summary or arbitrary executions, S. Amos Wako, on the need to develop international standards designed to ensure effective legislation and on other domestic measures so that proper investigations were conducted by appropriate authorities into all cases of suspicious death, including provision for adequate autopsy.

He reported (E/CN.4/1987/20) thesituation of armed conflict in some countries had caused the largest loss of life of persons not directly involved in such conflicts. A second principal cause was indiscriminate violence, such as that characterized by so-called "terrorism', when the victims were very often innocent civilians. The phenomenon known as "terrorism' had led in some cases to instances of reprisals or repression by organs of the State which were responsible for order and security. The commission of such acts by organs of State and Government should be prevented and suppressed by those responsible for law and order with the same vigour as was applied when such acts were committed by others.

Information containing allegationsof imminent or threatened summary executions had been received with regard to Bangladesh, Chile, Congo, Guinea-Bissau, Iran, Kuwait, Lesotho, Libyan Arab Jamahiriya, Pakistan, Somalia and Suriname. Replies had been received from the Governments of Bangladesh, Chile and Pakistan.

Photo: New Chairman of the Commission on Human Rights for 1987 is Leonid F. Evmenov of Byelorussian SSR.