In fiftieth anniversary year, assembly reviews progress on human rights declaration.

Human rights questions once again dominated the agenda of the Third Committee (Social, Humanitarian and Cultural). The negative effects of extreme poverty on the full and effective enjoyment of human rights and a declaration in support of human rights defenders were the major themes in the Committee's deliberations this year. On the fiftieth anniversary of the Universal Declaration of Human Rights, as the world confronted the impact of globalization on the economies of many developing countries, the intense debate in the Committee on the right to development reaffirmed its importance as an integral part of all human rights.

Beginning its session on 16 September, the Committee completed its programme of work on 23 November, devoting more than half of its 53 meetings to human rights questions. After an extensive and spirited debate on human rights and their various aspects, coveting the advancement of women, the protection of children, the question of refugees and international drag control, the Committee recommended over 30 resolutions. On 9 December, on the eve of the commemoration of the Universal Declaration's anniversary, the General Assembly successfully concluded the Committee's work, approving all 59 resolutions and 5 decisions recommended by it. Of these, only 9 were adopted by recorded votes.

Committee Chairman Ali Hachani of Tunisia, who noted that the Committee had completed its work "after considerable efforts", with most of the resolutions approved by consensus, said it had made a positive contribution to the international community's review of progress in strengthening human rights.

Human rights defenders

On the recommendation of the Committee, the General Assembly adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.

Egypt, speaking on behalf of 28 countries, told the Committee that although it supported the Declaration, the exercise of human rights and fundamental freedoms by individuals should not undermine the sovereignty of States, their territorial integrity or the principles of non-interference. The exercise of such rights and freedoms must also be weighed in the context of the cultural, economic and social backgrounds of the concerned country.

Racism and racial discrimination

The General Assembly, adopting three resolutions recommended by the Committee on racism and racial discrimination, decided to observe the year 2001 as the International Year of Mobilization against Racism, Racial Discrimination, Xenophobia and Related Intolerance.

Expressing deep concern at the growing manifestations of racism, xenophobia and other forms of discrimination against migrant workers, the Assembly called upon States to review and, where necessary, revise their immigration policies to eliminate all discriminatory policies and practices against migrants.

Advancement of women

The General Assembly adopted four resolutions on the advancement of women. It urged all States to accede to the Convention on the Elimination of All Forms of Discrimination against Women as soon as possible so that universal ratification of the Convention can be achieved by the year 2000.

Women and children, the Committee agreed, were victims of massive violations of human rights in armed conflicts. There was general acknowledgement of the historic significance of the Statute of the International Criminal Court. Many speakers welcomed particularly the designation of rape, enforced prostitution, forced pregnancy and other forms of sexual violence as crimes against humanity.

It called on Governments to criminalize trafficking in women and girls in all its forms and to condemn and penalize all offenders, while ensuring that victims are protected.

Concerned by traditional or customary practices affecting the health of women and girls, the Assembly called on States to implement policies prohibiting such practices. It urged Governments to involve, among others, educators, religious leaders, traditional leaders and the media in publicity campaigns to promote greater awareness of how these practices violate the human rights of women and girls.

Reaffirming the goal of 50/50 gender distribution in the United Nations system by 2000, the Assembly also called upon the Secretary-General to monitor the strategic plan of action for improving the status of women in the Secretariat.

Children

Recognizing that children particularly needed to be protected, as the victims of today were likely to turn into the aggressors of tomorrow, the Assembly adopted two resolutions recommended by the Committee on promoting and protecting the rights of children, and urged all States to sign and ratify the Convention on the Rights of the Child as soon as possible. It also focused on children with disabilities, refugee children, street children, children affected by armed conflict and displacement, as well as child labour and the sexual and commercial exploitation of children.

On protection of children affected by armed conflict, the Assembly urged States and other parties in armed conflict to adopt measures to end the use of children as soldiers and ensure their demobilization and effective disarmament.

It urged all Governments and parties in complex humanitarian emergencies to allow humanitarian personnel to safely and efficiently perform their task of assisting children.

The Assembly also recognized the particular vulnerability of refugee and internally displaced children to the damaging effects of such conflicts, stressing the special vulnerability of child-headed households. By another resolution, it condemned exploitation of unaccompanied refugee minors, including their use as soldiers or human shields in armed conflict and their forced recruitment into military forces.

The Assembly called upon States to work towards the progressive and effective elimination of all forms of exploitative child labour, urging them to eliminate its worst manifestations, such as forced or bonded labour and other forms of slavery. States should set specific target dates for eliminating child labour and ensuring full enforcement of laws and legislation, in conformity with the Convention on the Rights of the Child and International Labour Organization standards. States should also adopt effective measures against the sexual exploitation of children and condemn and penalize local or foreign offenders, while protecting the victims of the practice.

The Assembly strongly urged Governments to take urgent measures to prevent the killing of children living or working on the streets, as well as combat torture and violence against them. States should also take all necessary legislative measures to ensure that children with disabilities fully enjoyed their rights, and to enable their full social integration and individual development by making education accessible to children with special needs.

Addressing the special situation of girls, the Assembly urged States to institute legal reforms to ensure that the girl child fully and equally enjoyed all human rights and fundamental freedoms. Legislation was called for to protect girls from violence, including female infanticide, female genital mutilation, rape, domestic violence, incest, sexual exploitation, child prostitution and child pornography. States, educational institutions and the United Nations system were urged to provide gender-sensitive training for school administrators, parents and all members of the school community.

Human rights situations

Acting on the human rights situations, the Assembly adopted 10 resolutions, 5 by recorded vote. By a vote of 103 to 3 against (Libya, Nigeria, Sudan), with 56 abstentions, the Assembly reacted strongly to reports of violations of human rights and international humanitarian law by the Government of Iraq resulting in "all-pervasive repression and oppression". The Assembly welcomed the commitment made by the Government of Iran to promote respect for the rule of law, but expressed concern at the discrimination against religious minorities. The resolution was adopted by a vote of 64 to 41, with 56 abstentions.

The Assembly adopted a three-part resolution on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) by a vote of 141 to none, with 21 abstentions. It called for the full and consistent implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Basic Agreement by all parties to them.

In particular, it strongly urged the Government of the Federal Republic of Yugoslavia to institutionalize democratic norms. In related action, adopted by a vote of 122 to 3 (Belarus, India, Russian Federation), with 34 abstentions, the Assembly called upon the authorities of the Federal Republic of Yugoslavia and the ethnic Albanian leadership in Kosovo to enter immediately into a meaningful dialogue towards a negotiated political settlement of the crisis.

In other unanimous action, the Assembly once again strongly condemned the crime of genocide and crimes against humanity committed in Rwanda in 1994, but expressed its deep concern at continued serious violations of human rights in the country. The Assembly welcomed the announcement by General Abdulsalami Abubakar of a new programme of transition to civilian rule in Nigeria. It also expressed concern at the human rights situation in the Democratic Republic of the Congo; expressed grave concern about violations of human rights during the recent elections in Cambodia; deplored the continuing human rights violations in Myanmar; strongly condemned the mass killings and systematic human rights violations in Afghanistan; and called upon Haitian authorities to mobilize the political will for the pursuit of reform and for the strengthening of the judicial system.

Alternative approaches

The Assembly reaffirmed that the full realization of all human rights and fundamental freedoms should be guided by principles of non-selectivity, impartiality and objectivity, and not be used for political ends. It reaffirmed that extreme poverty and exclusion from society constitute a violation of human dignity. To that end, it called upon Member States, intergovernmental organizations and specialized agencies to continue their constructive dialogue.

In a recorded vote of 110 to 2 (Albania, Austria), with 10 abstentions, the Assembly urged all States to refrain from adopting or implementing unilateral measures which were not in accordance with international law. And in a vote of 103 to 2 (Angola, United States), with 66 abstentions, the Assembly called upon all States to allow the free flow of financial remittances by foreign nationals residing in their territory to their relatives in the country of origin.

The Assembly encouraged ongoing efforts to identify measures for more effective implementation of the United Nations human rights instruments. Particularly, it urged all States to become parties to the Convention against Torture. It also reaffirmed that any act of enforced disappearance is an offence to human dignity and a violation of human rights, and once again strongly condemned extrajudicial, summary or arbitrary executions.

The Assembly urged States to ensure that their constitutional and legal systems provide effective guarantees of freedom of thought, conscience, religion and belief, and it welcomed the translation and widespread dissemination of the Declaration of Principles on Tolerance. It urged all Governments to contribute further to the implementation of the Plan of Action for the United Nations Decade for Human Rights Education.

It further stressed the importance of the programme of technical cooperation in the field of human rights. Finally, the Assembly also endorsed the Universal Declaration on the Human Genome and Human Rights, adopted by the United Nations Educational, Scientific and Cultural Organization on 11 November 1997.

Crime prevention and drug control

The Assembly unanimously adopted five resolutions on crime prevention and criminal justice, including one on preparations for the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held in Vienna from 10 to 17 April 2000. The Congress will consider the theme "Crime and justice: meeting the challenge of the twenty-first century". Also, the Assembly asked the Secretary-General to elaborate model legislation on mutual assistance in criminal matters to strengthen the capacity of national criminal justice systems. It also appealed to Member States and non-governmental organizations to adopt practical measures to support the United Nations African Institute for the Prevention of Crime and the Treatment of Offenders.

In another text, the Assembly decided to establish an open-ended intergovernmental ad hoc committee to elaborate a comprehensive international convention against transnational organized crime.

It also urged Member States to fully implement the Naples Political Declaration and Global Action Programme. It further called upon the ad hoc committee of the Commission on Crime Prevention and Criminal Justice to draft a comprehensive international convention against transnational organized crime, as well as international instruments combating trafficking in women and children, firearms and migrants.

Following the landmark special session of the General Assembly on the world drag problem, held in June 1998, many speakers in the Committee were optimistic about the impact of new measures in international drug control. In a four-part resolution adopted on the Committee's recommendation, the Assembly reaffirmed that the fight against the world drag problem was a common and shared responsibility that must be addressed in a multilateral setting, requiring an integrated and balanced approach. It also urged authorities at all levels to strengthen international cooperation and implement the outcome of the special session within the agreed time-frames.

Refugees

Also adopted were six resolutions on the issue of refugees, returners and displaced persons. The Assembly called on Governments and other actors to ensure strict adherence to accepted humanitarian norms and principles, particularly in upholding the civilian and humanitarian character of refugee camps and settlements. It urged all States and relevant organizations to support the search for durable solutions to refugee problems, including voluntary repatriation, integration in the country of asylum and resettlement in a third country.

On assistance to refugees and displaced persons in Africa, the Assembly called upon the international community to strengthen the emergency response capacity of the United Nations system and to continue to provide needed resources and operational support to the affected countries until a durable solution can be found.

Indigenous people and self-determination

Regarding the International Decade of the World's Indigenous People (1994-2004), the Assembly urged Governments to participate actively in the open-ended inter-sessional ad hoc working group, set up to consider the establishment of a permanent forum for indigenous people within the United Nations system.

On the universal realization of the right of peoples to self-determination, it adopted three resolutions, two by recorded vote. It unanimously declared its firm opposition to acts of foreign military intervention, aggression and occupation, condemning them as violations of human rights and suppression of the right of peoples to self-determination. By a recorded vote of 115 to 18, with 35 abstentions, the Assembly reaffirmed that the use of mercenaries violated human rights, as well as the fight of peoples to self-determination, and urged all States to exercise the utmost vigilance against the menace posed by the activities of mercenaries. It further urged them to adopt legislative measures necessary to ensure that their territories or nationals are not used for the recruitment, training and transit of mercenaries. The Assembly called upon States to sign or ratify the International Convention against the Recruitment, Use, Financing and Training of Mercenaries. By a vote of 162 to 2 (Israel, United States), with 6 abstentions, the Assembly affirmed the right of the Palestinian people to self-determination, without excluding the option of a State. It urged the international community to continue to support them in the current peace process.

'To Enjoy Rights and Freedoms in Practice'

The General Assembly on 9 December adopted, on the recommendation of its Third Committee, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. Under negotiation for 13 years, the document, also known as the Declaration of Human Rights Defenders, states that everyone has the right, individually and with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. The Declaration affirms that everyone has the right to assemble peacefully, to form, join and participate in non-governmental organizations (NGOs), associations or groups, and to communicate with NGOs and intergovernmental organizations, as well as to develop, discuss and advocate acceptance of human rights ideas.

The representative of Egypt, on behalf of 28 countries, told the Third Committee that although it supported the Declaration, the exercise of human rights and fundamental freedoms by individuals should not undermine the sovereignty and territorial integrity of States, or their principles of non-interference. Such rights were governed by the United Nations Charter and international human rights instruments. In any case, no interpretation should be allowed of human rights and freedoms that was not provided for by domestic law. The exercise of such rights and freedoms must also be weighed in the context of the cultural, economic and social backgrounds of the concerned country, he said.

Declaration on Human Rights Defenders: Highlights

Article 1 Everyone has the right, individually and in association with others:

* to promote and protect human rights and fundamental freedoms at the national and international levels.

Article 2 Each State has a prime responsibility and duty:

* to protect, promote and implement all human rights; and

* to ensure that all persons under its jurisdiction, individually and in association with others, are able to enjoy those rights and freedoms in practice.

Article 5 For the purpose of promoting and protecting human rights, everyone has the right:

* to meet or assemble peacefully;

* to form, join and participate in non-governmental or inter-governmental organizations, associations or groups; and

* to communicate with non-governmental or intergovernmental organizations.

Article 6 Everyone has the right, individually and in association with others, at the national and international levels:

* to know, seek, obtain, receive and hold information about all human rights;

* to freely publish, impart or disseminate to others views, information and knowledge of all human rights and fundamental freedoms; and

* to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.

Article 7 Everyone has the right, individually and in association with others:

* to develop and discuss new human rights ideas and principles, and to advocate their acceptance.

Article 8 Everyone has the right, individually and in association with others:

* to have effective access, on a non-discriminatory basis, to participation in the government of his or her country and in the conduct of public affairs.

Article 9 In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights, everyone has the right, individually and in association with others:

* to benefit from an effective remedy; and

* to be protected in the event of the violation of those rights. The State shall conduct a prompt and impartial investigation or ensure that an inquiry takes place whenever there is reasonable grounds to believe that a violation of human rights and fundamental freedoms has occurred in any territory under its jurisdiction.

Article 10 No one shall participate, by act or failure to act where required, in violating human rights and fundamental freedoms; and no one shall be subjected to punishment or adverse action of any kind for refusing to do so.

Article 11 Everyone has the right, individually and in association with others, to the lawful exercise of his or her occupation or profession.

Article 12 Everyone has the right, individually and in association with others:

* to participate in peaceful activities against violations of human rights and fundamental freedoms.

Article 13 Everyone has the right, individually and in association with others:

* to solicit, receive and utilize resources for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means.

Article 14 The State has the responsibility to take legislative, judicial, administrative or other appropriate measures to promote understanding by all persons under its jurisdiction of their civil, political, economic, social and cultural rights.

Article 18 Everyone has duties towards and within the community in which alone the free and full development of his or her personality is possible.

Individuals, groups, institutions and NGOs have an important role to play and a responsibility in:

* safeguarding democracy;

* promoting human rights and fundamental freedoms; and

* contributing to the promotion and advancement of democratic societies, institutions and processes.

Article 20 Nothing in the present Declaration shall be interpreted as permitting States to support and promote activities of individuals, groups of individuals, institutions or NGOs, contrary to the provisions of the Charter of the United Nations.

...'Integral Part of All Human Rights'

Right to development

Following the recommendation of the Third Committee, the General Assembly reaffirmed the right to development as an integral part of all human rights. Noting that the gap between developed and developing countries remained unacceptably wide, it reaffirmed that democracy, development and respect for all human rights and fundamental freedoms, including the right to development, were interdependent and mutually reinforcing. The resolution came dose to being adopted by consensus, but after intense debate in the Committee, it was adopted by a recorded vote of 125 to 1 (United States), with 42 abstentions.

Social development

The highlight of the Committee's social development discussions this year was the successful launch on 1 October of the International Year of Older Persons (1999), with the theme of "A society for all ages". Emphasizing the importance of responding to the global trend towards ageing societies, the Assembly adopted a text encouraging the international community to take advantage of the Year to increase awareness of the contribution of older persons to society and the need for a change in attitudes towards older persons.

Eighteen New Members Elected to the Economic and Social Council

The General Assembly on 12 November elected members to fill vacancies on the Economic and Social Council; a third of its 54 members retire each year. To maintain the established pattern of geographical distribution - 14 from Africa, 11 from Asia, 6 from Eastern Europe, 10 from Latin America and the Caribbean, and 13 from Western Europe and other States-vacated seats are filled by members of the same region. After four rounds of voting held by secret ballot, 18 candidates had received the required two-thirds majority. Bolivia, Bulgaria, the Democratic Republic of the Congo, the Czech Republic, Denmark, Guinea-Bissau, Honduras, Indonesia, Morocco, Norway, Rwanda, Saudi Arabia, Syria and Venezuela began their fresh three-year terms on 1 January 1999. Canada, China, the Russian Federation and the United Kingdom were re-elected. Argentina, Bangladesh, the Central African Republic, Czech Republic, Finland, Gabon, Guyana, Jordan, Lebanon, Nicaragua, Romania, Sweden, Togo and Tunisia vacated their seats.

GA Extends Mandate of UNHCR Ogata

The General Assembly on 29 September unanimously re-elected Sadako Ogata for another term as United Nations High Commissioner for Refugees. In extending her mandate for two years instead of another full five-year period, the Assembly followed the Secretary-General's recommendation, which respected the High Commissioner's personal request. Upon completion of her final term, ending 31 December 2000, Mrs. Ogata would have served as High Commissioner for 10 years.

Member States called for a comprehensive approach to refugee return, linking short-term emergency relief with longer-term post-conflict rehabilitation, to enhance the sustainability of refugee repatriation. For this reason, cooperation between UNHCR and other programmes and agencies of the United Nations system, including the Bretton Woods institutions, should be strengthened. Women and children remained the most vulnerable refugee groups, some States stressed, and it was therefore essential to keep them at the centre of the Office's policy and programming.

Tribunal Judges Elected by Assembly

The General Assembly elected three additional judges to serve on the International Criminal Tribunal for the Former Yugoslavia (ICTY) on 16 October. Mohammed Bennouna of Morocco, David Hunt of Australia and Patrick Robinson of Jamaica were elected in four rounds of voting. The newly-elected judges will serve until 16 November 2001, when the terms of office of the current judges of the Tribunal will expire.

With the election of the three judges from a short list of nine candidates submitted by the Security Council, the Assembly effectively completed the creation of a third Trial Chamber of the Tribunal. The Council, in resolution 1166 (1998), established the additional chamber earlier this year to speed up proceedings against a large number of accused currently awaiting trial. ICTY, set up by Council resolution 827 (1993) and located at The Hague, now has 14 judges instead of 11-three each for the Trial Chambers and five for the Appeals Chamber.

Before the ballot, the representative of Mexico stated that his country would not participate in the election. It has consistently held that, in establishing the Tribunal, the Council went beyond its powers as authorized by the UN Charter. Mexico remained convinced that the recently established International Criminal Court, once operational, would render unnecessary the creation of special tribunals. The observer of the Holy See supported the Tribunal, but announced that it would abstain from voting, as it had done in the past. He hoped that the persisting culture of impunity would soon be brought to an end and that all persons responsible for serious crimes in the territory of the former Yugoslavia, including those in Kosovo, would be promptly brought to justice.

The General Assembly on 3 November elected nine judges to the International Criminal Tribunal for Rwanda (ICTR). Pavel Dolenc of Slovenia, Mehmet Guney of Turkey, Laity Kama of Senegal, Dionysios Kondylis of Greece, Erik Mose of Norway, Yakov Ostrovsky of the Russian Federation, Navanethem Pillay of South Africa, William Sekule of the United Republic of Tanzania and Lloyd George Williams of Jamaica and Saint Kitts and Nevis were elected in five rounds of voting. All newly-elected judges will serve a four-year term of office until 24 May 2003. They were elected from a list of 18 candidates earlier established by the Security Council, taking into account the adequate representation of the principal legal systems of the world. Six of them will replace the judges of the two acting Trial Chambers of the Tribunal, whose term of office expires on 24 May 1999. The three others will serve on the new third Trial Chamber, established by Council resolution 1165 (1998) to expedite the Tribunal's work. The Secretary-General, in consultation with the President of the Tribunal, will designate which of the nine judges will perform their duties on the third Trial Chamber so that work can commence as soon as possible.

ICTR, established by Council resolution 955 (1994) and located in Arusha, United Republic of Tanzania, prosecutes persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda between 1 January and 31 December 1994. It will now have 14 judges instead of 11-three each for the Trial Chambers and five for the Appeals Chamber.

Right to Development ...

The General Assembly on 9 December 1998 reaffirmed the fundamental importance of the right to development (see opposite page) as an integral part of human rights and reaffirmed the individual as the central subject of development.

It reiterated that the existence of widespread absolute poverty inhibited the full and effective enjoyment of human rights and rendered democracy and popular participation fragile. Deeply concerned about the widening gap between developed and developing countries, in particular the overall decline in official development assistance flows, the Assembly called upon the developed countries, in a spirit of partnership, to mobilize further resources for development assistance to support States' efforts towards realization of the right to development. It expressed concern over the adverse impact of the financial crisis on the realization of the right to development and the full enjoyment of economic, social and cultural rights in affected countries, especially on the right to food, health, education and work.

In welcoming the high priority given by the Secretary-General to the role and importance of the right to development as part of the overall promotion and protection of human rights, the Assembly invited the High Commissioner for Human Rights to address the human rights impact of the external debt burden of developing countries, in particular the least developed countries. It welcomed the establishment of a follow-up mechanism through the Commission on Human Rights, initially for a three-year period, consisting of an open-ended working group and an independent expert, which would also consider the question of drafting a convention on the right to development.

Speaking on behalf of the "Group of 77" developing countries and China, Indonesia commended Non-Aligned countries for their efforts in drafting a resolution that was important to all developing countries. Cuba announced it would again raise the issue of including the Declaration on the Right to Development in the International Bill of Human Rights.

The Russian Federation felt the right to development should become a unifying rather than divisive issue for the international community, and hoped that remaining differences would be overcome at the next session of the Commission on Human Rights or at the Committee's next session.

Australia, Canada and New Zealand, which abstained in the vote, said they remained concerned about the resolution's overall imbalance. Firmly supporting the right to development, they recommended that in future the Committee begin its deliberation on that issue at an earlier point in its proceedings and make all efforts to reach consensus. Japan, which also abstained, affirmed the importance of promoting effective international cooperation to strengthen democracy, development and human rights, but said that the draft did not sufficiently reflect the primary responsibility of Governments to protect and promote human rights.The European Union believed a number of complex issues needed to be addressed further. It hoped that in-depth deliberations on controversial elements would be possible by the follow-up mechanism of the right to development established by the Commission on Human Rights.

Why the United States Opposed the Resolution

Speaking in explanation of its negative vote, the United States said that it opposed considering international macro-economic policy-making, globalization and debt relief within the context of human rights; it was dangerously misleading to blame the current global financial crisis for longstanding problems of food, health, education and unemployment, which required structural measures to rectify them. Also, the United States did not support a convention on the right to development because many United Nations agencies were already devoted to development activities. Burdening the Office of the High Commissioner for Human Rights with new mandates in the field of development would not only be wasteful and duplicative, but would divert scarce resources from human rights activities for which the High Commissioner had an exclusive mandate, it said.