COMMISSION ON HUMAN RIGHTS
CONCLUDES FIFTY-NINTH SESSION
Commission on Human Rights
59th session
25 April 2003
Creates Post of Independent Expert for Liberia;
Requests Independent Expert for Afghanistan;
Calls
for Establishment of Human Rights Office in Haiti;
Ends Mandate of
Special Rapporteur on Situation in the Sudan
The Commission on Human Rights concluded today its six-week session
for 2003, having
debated a wide series of human rights matters and having decided, among
other things, to
appoint an independent expert to facilitate cooperation between the
Government of Liberia
and the Office of the High Commissioner for Human Rights; and to request
the
Secretary-General to appoint an independent expert to aid and advise
the Transitional
Authority of Afghanistan on human rights matters.
In a Chairperson's statement on the human rights situation in Haiti,
the Commission also
requested the Office of the High Commissioner for Human Rights to expand
its activities in
Haiti by setting up an office in that country
In all, according to the Commission's Rapporteur, the Commission adopted
86 resolutions,
18 decisions, and three Chairperson's statements.
Issues that surfaced repeatedly during the Commission's fifty-ninth
session were the war
taking place in Iraq and the question of the extent to which anti-terrorism
measures in the
wake of the 11 September 2001 attacks in the United States infringed
on human rights
standards and amounted to religious or racial discrimination.
Following extensive debate, the Commission defeated by a roll-call vote
of 18 in favour to
25 against, with 7 abstentions, a proposal to hold a "special sitting"
to discuss the war in
Iraq. Following the vote, High Commissioner for Human Rights Sergio
Vieira de Mello
stated that the human rights of the Iraqi people had been violated
for many years, and that
in the current crisis, humanitarian law and fundamental human rights
should be protected on
the ground by the parties to the conflict.
United Nations Secretary-General Kofi Annan, in a 24 April address to
the Commission,
said he hoped a new era of human rights in Iraq would now begin with
the end of the war
and stressed that Iraq should not distract the Commission from violations
of human rights
elsewhere around the world, which were intensifying.
The war was mentioned repeatedly by high-ranking Government officials
speaking at the
Commission's "high-level segment" over the first four days of the 2003
session.
And after extensive debate and several delays, the Commission adopted
by a roll-call vote
of 31 in favour and 3 opposed, with 12 abstentions, a resolution on
the situation of human
rights in Iraq which condemned systematic and extremely grave violations
of human rights
and international humanitarian law by the Government of Iraq over many
years; requested
all parties to the current conflict to abide strictly by their obligations
under international
humanitarian law; called upon the international community to address
the humanitarian
needs of the Iraqi people and to assist in the development of free
and democratic
institutions in the country; and extended the mandate of the Special
Rapporteur on the
situation in Iraq for a further year.
High Commissioner de Mello opened the Commission's annual session with
an address
noting that the Commission was meeting at a time of unusual convulsion
in world affairs,
and went on to say that at such times it was important to remember
day-to-day human
rights difficulties, such as the fact that many people lacked even
the basics -- water,
sustenance, elementary education, health services -- for a dignified
life. He also said the
world could not compromise hard-won human rights to give States a free
hand in fighting
terrorism, an opinion echoed by numerous national delegations as debate
was carried out
under such topics as the prevention of racial and religious discrimination.
In a resolution on combatting defamation of religion, adopted by a roll-call
vote, the
Commission expressed deep concern that Islam was frequently and wrongly
associated
with human rights violations and terrorism and noted with deep concern
the intensification
of a campaign of defamation of religions and ethnic and religious profiling
of Muslim
minorities in the aftermath of the tragic events of 11 September 2001.
The Commission
requested the Special Rapporteur on contemporary forms of racism to
examine the
situation of Muslim and Arab peoples with special reference to physical
attacks against
their places of worship, cultural centres, businesses and properties
in the aftermath of the
events of 11 September 2001.
In a resolution on the World Conference against Racism and on comprehensive
implementation of the Durban Declaration and Programme of Action that
resulted from the
Conference, the Commission stressed that States and international organizations
had a
responsibility to ensure that measures taken in the struggle against
terrorism did not
discriminate on grounds of race, colour, descent or ethnic origin.
And in another resolution, the Commission requested the High Commissioner
to prepare a
report on the question of protecting human rights while combatting
terrorism.
The 2003 session was also noteworthy for criticism by national delegations
-- especially
those of developing countries -- of the Commission's agenda item on
the "question of the
violation of human rights and fundamental freedoms in any part of the
world", which
annually features the tabling of resolutions on the human rights situations
in specific
countries. African and Asian nations, along with Cuba, said repeatedly
that the Western
democracies "politicized" their criticism of other countries' human
rights performances, paid
more attention to civil and political rights than to economic and development
rights, were
trying to impose their own version of democracy on the rest of the
world, and were more
interested in confrontation than in dialogue and cooperation in matters
of human rights.
Among the results were the rejection of a long-standing resolution
on the human rights
situation in the Sudan -- and an end to the mandate of the Commission's
Special
Rapporteur on that country -- and rejections of draft resolutions on
human rights situations
in Zimbabwe and the Chechen Republic of the Russian Federation.
The Commission did adopt new resolutions on human rights situations
in Turkmenistan,
Belarus and the Democratic People's Republic of Korea, all on roll-call
votes. As in
previous years, it adopted resolutions on situations in Myanmar, Burundi,
the Democratic
Republic of the Congo, Cuba, and on the situation of Lebanese detainees
in Israel. The
mandates of Special Rapporteurs on the situations in Myanmar, Burundi
and the
Democratic Republic of the Congo were extended for a further year.
Under its agenda item on technical cooperation and advisory services
in the field of human
rights, the Commission approved resolutions on human rights situations
in Afghanistan,
Somalia, Cambodia, Sierra Leone, Chad, and Liberia. The mandate of
the independent
expert on assistance to Somalia in the field of human rights was extended
for a further year.
In addition to the Chairperson's statement on Haiti, Chairperson's statements
were adopted
on the situations in Timor Leste and Colombia.
In closed meetings held under its "1503 procedure", the Commission decided
to
discontinue consideration of the situation in Uzbekistan and to continue
examination of
situations in Chad and Liberia under the agenda item on advisory services
and technical
cooperation.
In presenting his annual report to the Commission, the High Commissioner
for Human
Rights, among other things, outlined efforts to orient and make more
efficient the work of
his Office. Later in the session, he introduced a report in the situation
in Colombia, saying
among other things that while some progress had been made by the Government,
particularly in the adoption of international human rights instruments,
the continuing internal
conflict in the country, with its mix of paramilitary, rebel and Government
combatants, was
leading to serious and continuing human rights problems.
In closing remarks at the Commission's final 2003 meeting, the High
Commissioner said
that the Commission had accomplished much in its fifty-ninth session.
The high-level
segment had been extremely successful. The interactive dialogue had
provided a
remarkable forum for both Rapporteurs and governments. The Commission
had negotiated
and passed an impressive set of resolutions, particularly of a thematic
kind. Conversely, the
Commission had had its setbacks, and it must strive for greater unity
on how to deal with
human rights.
Najat Al-Hajjaji of the Libyan Arab Jamahiriya, Chairperson of the Commission
on Human
Rights, said that despite the heavy and intensive work of the Commission,
as well as the
tension that had sometimes prevailed, it was still sad to see the end
of this session. This
session had been held at a time of international turmoil, and some
had been concerned that
the work would not be concluded and that accusations would go beyond
control. She had
attempted to deal with these concerns with patience, professionalism
and wisdom.
Among mandates renewed by the Commission were those of Special Rapporteurs
on the
right to food; adequate housing; independence and impartiality of the
judiciary; and violence
against women; of the independent expert on structural adjustment policies
and their effect
on human rights; of the Special Representative of the Secretary-General
on human rights
defenders; and of working groups on arbitrary detention and the right
to development.
It was decided that Working Groups created last year on the effective
implementation of
the Durban Declaration and Programme of Action and on people of African
descent would
reconvene for an initial period of three years. Both groups were created
following the
World Conference against Racism held in 2001 in Durban, South Africa.
In other action, the Commission:
-- requested the High Commissioner for Human Rights to convene a two-day
high-level
seminar to review and identify effective strategies for mainstreaming
the right to
development into the polices and operational activities of the major
international
organizations;
-- requested the High Commissioner to convene a second consultative
meeting with a view
to finalizing the "Basic principles and guidelines" on the right to
restitution, compensation
and rehabilitation for victims of grave violations of human rights
and fundamental freedoms;
-- requested the High Commissioner to examine existing mechanisms and
to identify
possible gaps in the protection of the rights of the rights of persons
belonging to national or
ethnic, religious and linguistic minorities;
-- requested the High Commissioner to prepare an analytical report on
measures taken to
implement a Commission resolution on the protection of human rights
in cases of mass
exoduses;
-- requested the High Commissioner to submit a comprehensive report
on efforts to change
the currently prevailing geographical distribution of staff of the
Office in favour of a more
equitable distribution of posts;
-- requested the Office of the High Commissioner to organize jointly
with the United
Nations Educational, Scientific and Cultural Organization an intergovernmental
workshop
to assess the achievements and shortcomings of the current Decade for
Human Rights
Education and to discuss strategies for a second decade;
-- called upon the Office of the High Commissioner to organize a second
expert seminar, in
2004, to examine further the interdependence between democracy and
human rights, with a
focus on the topic of "democracy and the rule of law";
-- requested the Special Rapporteur on adequate housing to submit a
report on women
and adequate housing;
-- requested the intersessional open-ended Working Group with the mandate
to elaborate
a draft legally binding normative instrument for the protection of
all persons from enforced
disappearance to meet for a period of 10 working days;
-- requested the Working Group established to consider the elaboration
of an optional
protocol to the International Covenant on Economic, Social and Cultural
Rights to meet for
a period of ten working days;
-- requested the Secretary-General to commission an independent study
on best practices
to assist States in strengthening their domestic capacities for combating
all aspects of
impunity for violations of human rights;
-- and requested the Secretary-General to prepare a report on the consideration
being
given to the possible relationship between the environment and human
rights, including the
right to development, as part of sustainable development.
Dates for next year's session -- the Commission's sixtieth -- were set
for 15 March to 23
April 2004.
Chairperson's Statements on Country Situations
In a Chairperson's statement on the human rights situation in Timor
Leste, the Commission
warmly welcomed the attainment of independence by Timor Leste and its
admission to
membership in the United Nations; welcomed the establishment and commended
the work
to date of the Serious Crimes Unit and stressed its fundamental role
concerning the
indictment of suspects accused of crimes against humanity and other
serious crimes
committed in Timor Leste between 1 January and 25 October 1999; noted
the important
steps taken by the Government of Indonesia to bring perpetrators of
those violations; and
expressed its disappointment at the way in which the trials were being
carried out.
In a Chairperson' statement on the human rights situation in Haiti,
the Commission
expressed its deep concern at the deteriorating human rights situation
in that country. The
Commission urged the Haitian Government to continue to step up its
efforts to combat
impunity, to strengthen the rule of law, to safeguard democratic pluralism,
to ensure the
independence of the judiciary and to protect political leaders, journalists,
trade union
activists and human rights defenders, in compliance with its international
obligations. The
Commission requested the Office of the High Commissioner for Human
Rights to expand
its activities in Haiti by setting up an office in that country, working
together with the Haitian
authorities, in line with the recommendations of the Independent Expert
and within existing
resources.
In a Chairperson's statement on the human rights situation in Colombia,
the Commission
welcomed the extension of the mandate of the office in Colombia of
the United Nations
High Commissioner for Human Rights granted by the Government of Colombia
for a
four-year period until 2006; stressed the responsibility of the Colombian
Government with
regard to the human rights situation and the observance of international
humanitarian law
and democratic principles. The Commission firmly condemned all acts
of terrorism and
other criminal acts; the recruitment of a large number of children
by illegal armed groups; all
acts of violence and breaches of international humanitarian law committed
by paramilitary
groups; the practice of kidnapping; all threats, attacks and assassinations
by paramilitary or
other illegal armed groups against persons who carried out peaceful
political activities; and
the campaign of intimidation against mayors and town councillors.
Country-by-Country Examinations of Situations of Human Rights
Under this agenda item, the Commission:
--called in a resolution on the human rights situation of Lebanese detainees
in Israel
(E/CN.4/2003/L.8) for the Government of Israel to comply with the Geneva
Conventions
and the Additional Protocols thereto; to refrain from holding the detained
Lebanese citizens
incarcerated in its prisons as hostages for bargaining purposes and
to release them
immediately;
-- in a resolution on cooperation with representatives of the United
Nations human rights
bodies (E/CN.4/2003/ L. 29), condemned all acts of intimidation or
reprisal against those
who sought to cooperate or had cooperated with representatives of human
rights bodies;
and invited the Secretary-General to submit to the Commission at its
sixtieth session a
report containing a compilation and analysis of available information
on alleged reprisals
against the persons referred to;
-- in a resolution on the situation of human rights in the Democratic
People's Republic of
Korea (DPRK) (E/CN.4/2003/ L.31/Rev.1), expressed deep concern about
reports of
systematic, widespread and grave violations of human rights, including
torture, public
executions, imposition of the death penalty for political reasons,
the existence of a large
number of prison camps, the extensive used of forced labour, and lack
of respect for the
rights of persons deprived of their liberty; all-pervasive and severe
restrictions on the
freedoms of thought, conscience, religion, opinion, expression, peaceful
assembly and
association and on access of everyone to information, and limits imposed
on movement;
and requested the High Commissioner for Human Rights to engage in a
comprehensive
dialogue with the authorities of the DPRK with a view to establishing
technical cooperation
programmes in the field of human rights;
-- in a resolution on the situation of human rights in Turkmenistan
(E/CN.4/2003/34/Rev.1), expressed its appreciation at the recent announcement
by the
Government of Turkmenistan to uphold the decision by the Turkmen Peoples'
Congress to
abolish the death penalty; expressed grave concern at the persistence
of a governmental
policy based on the repression of all political opposition activities
and on the abuse of the
legal system through arbitrary detention, imprisonment and surveillance
of persons who
tried to exercise their freedoms of thought, expression, assembly and
association, and
harassment of their families; and called on the Special Rapporteurs
on the independence of
judges and lawyers, on the question of torture, on extrajudicial, summary
and arbitrary
executions, and on freedom of opinion and expression, as well as the
Working Group on
Arbitrary Detention and the Special Representative of the Secretary-General
on internally
displaced persons, to seek invitations from the Government of Turkmenistan
to visit the
country;
-- in a resolution on the situation of human rights in Myanmar (E/CN.4/2003/L.36),
welcomed the freedom of movement within the country enjoyed by the
leader of the
National League for Democracy, Aung San Suu Kyi; and the release from
prison of a
number of persons detained for political activities. The Commission
called upon the
Government to fulfil its obligations to restore the independence of
the judiciary and due
process of law, and to take further steps to reform the system of administration
of justice;
to take immediate action to implement fully measures to eradicate the
practice of forced
labour by all organs of government, including the armed forces; and
to immediately ensure
safe and unhindered access to all parts of Myanmar for the United Nations
and
international humanitarian organizations; and decided to extend the
mandate of the Special
Rapporteur on the situation in Myanmar for a further year;
-- in a resolution on the situation of human rights in Cuba (E/CN.4/2003/L.2),
expressed
satisfaction with the appointment of Christine Chanet as Personal Representative
of the
High Commissioner for Human Rights on the situation in Cuba, called
for the
implementation of resolution 2002/18; and urged the Government of Cuba
to receive the
personal representative and to provide all the facilities necessary
for her to fulfil her
mandate contained in the resolution;
-- in a resolution (E/CN.4/2003/L.38) on the situation of human rights
in Belarus, urged the
Government of Belarus to dismiss or suspend from their duties law-enforcement
officers
implicated in forced disappearances and/or summary executions, pending
an impartial,
credible and full investigation of those cases; to ensure that all
necessary measures were
taken to investigate fully and impartially all cases of forced disappearance,
summary
execution and torture and that perpetrators were brought to justice
before an independent
tribunal; to establish independence of the judiciary and end impunity
for persons
responsible for killing or injuring individuals; and to release journalists
and other individuals
detained for politically motivated reasons and to cease harassment
of non-governmental
organizations and political parties;
-- in a resolution on the situation of human rights in the Democratic
Republic of the Congo
(DRC) (E/CN.4/2003/L.41/Rev.1), welcomed the Peace Agreements signed
at Pretoria
on 30 July 2002 and at Luanda on 6 September 2002, and the agreement
on a transitional
constitution and a national army signed at Pretoria on 6 March 2002;
the release of some
human rights defenders and the action of the Congolese Ministry of
Human Rights;
condemned the massacres that had occurred in the province of Ituri;
condemned cases of
summary or arbitrary execution, disappearance, torture, harassment,
arrest, widespread
persecution and arbitrary detention for long periods throughout the
country; and decided to
extend the mandate of the Special Rapporteur on the situation in the
DRC for a further
year;
-- in a resolution (E/CN.4/2003/ L.45) on the situation of human rights
in Burundi
encouraged the Transitional Government to continue its actions aimed
at associating all
sectors of society in the work of national reconciliation and at the
restoration of an
institutional order that was safe and reassuring so as to bring back
democracy and peace;
remained concerned at the ongoing violence and the violations of human
rights as well as
the security situation in parts of the country, and noted efforts by
Burundian authorities to
ensure that rights were respected; condemned the intensifying violence,
especially acts of
rape committed against women and urged all parties to the conflict
to end the cycle of
violence and killings; urged all parties to the conflict to end the
use of children as soldiers;
and decided to extend the mandate of the Special Rapporteur on the
situation in Burundi
for one year;
-- in a resolution (E/CN.4/2003/L.6/Rev.1) on the situation of human
rights in Iraq,
reiterated its strong condemnation of the systematic, widespread and
extremely grave
violations of human rights and international humanitarian law by the
Government of Iraq
over many years; requested all parties to the current conflict in Iraq
to abide strictly by their
obligations under international humanitarian law; called upon the international
community,
including all parties to the current conflict, to address as a matter
of urgency the major
humanitarian needs of the people of Iraq; called upon the international
community to assist
in the development of free and democratic institutions in Iraq; and
decided to extend the
mandate of the Special Rapporteur on the human rights situation in
Iraq for a further year;
-- and decided to retain on its agenda sub-item (a), entitled "Question
of human rights in
Cyprus".
Draft resolutions on the human rights situations in the Sudan and the
Chechen Republic of
the Russian Federation were rejected on roll-call votes. A draft resolution
on the situation
of human rights in Zimbabwe was defeated on a no-action motion, also
by a roll-call vote.
Advisory Services and Technical Cooperation in the Field of Human Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.78) on the situation of human rights
in Afghanistan,
recognized the steps already taken by the Transitional Authority to
promote and protect
human rights; noted with concern reports of violence perpetrated by
Afghan elements
against certain ethnic groups, internally displaced persons and refugees
who had returned,
as well as cases of arbitrary arrest and detention and attacks against
women and girls; and
requested the Secretary-General to appoint an independent expert for
a period of one year
to develop, in collaboration with the Transitional Authority, a programme
of advisory
services to ensure the full respect and protection of human rights
and the promotion of the
rule of law and to seek and receive information about and report on
the human rights
situation in Afghanistan in an effort to prevent human rights violations;
-- in a resolution on assistance to Somalia in the field of human rights,
(E/CN.4/2003/L.79)
expressed deep concern at reported cases of rape, arbitrary and summary
executions,
torture and violence, in particular against women and children, and
at the absence of an
effective judicial system; condemned the serious violations of the
commitment undertaken
by the parties on 27 October 2002 which were still occurring; called
upon all States to
comply scrupulously with the arms embargo of Somalia established by
the Security Council
and not to interfere in the internal affairs of Somalia; and decided
to extend the mandate of
the independent expert on the situation of human rights in Somalia
for a further year;
-- in a resolution (E/CN.4/2003/L.81) on the situation of human rights
in Cambodia, noted
with concern continued problems related to the rule of law and the
functioning of the
judiciary and urged the Government to expedite legal and judicial reform;
welcomed drafts
of a penal code, a code on criminal procedures, a civil code and a
code on civil
procedures; expressed serious concern that the situation of impunity
still existed in
Cambodia; expressed grave concern about continued violations of human
rights, including
torture, excessive pre-trial detention, violation of labour rights
and forced evictions, as well
as political violence, including killings of political activists, involvement
by police and military
personnel in violence and the apparent lack of protection from mob
killings; and noted that
some progress had been made by the Government in addressing these issues;
-- in a resolution on the situation of human rights in Sierra Leone
(E/CN.4/2003/L.85),
welcomed the ongoing work of the Special Court for Sierra Leone to
bring to justice those
who bore the greatest responsibility for crimes against humanity, war
crimes and other
serious violations of international humanitarian law; and the ongoing
work of the Truth and
Reconciliation Commission; expressed deep concern at the number of
girls and women still
held against their will; urged the Government to continue working to
reintegrate the
remainder of ex-combatants; to ensure that the necessary conditions
were provided for
women and girls forced into matrimonial or other relationships during
the conflict and that
any other girls were immediately released if they so wished; and to
give priority attention to
the special needs of all mutilated victims and of women and children;
-- in a resolution on technical cooperation and advisory services in
Chad,
(E/CN.4/2003/L.97), requested the High Commissioner for Human Rights,
in consultation
with the Government of Chad, to elaborate a programme of technical
assistance and
advisory services in the field of human rights;
-- and, in a measure on technical cooperation and advisory services
in Liberia,
(E/CN.4/2003/L.98), decided to appoint an independent expert for an
initial period of
three years to facilitate cooperation between the Government of Liberia
and the Office of
the High Commissioner for Human Rights in the area of the promotion
and protection of
human rights by providing technical assistance and advisory services;
and invited the
independent expert to visit Liberia to assess the situation and to
submit an initial report on
the matter to the Commission at its sixtieth session.
Economic, Social and Cultural Rights
Under this agenda item, the Commission:
-- in a resolution on human rights and unilateral coercive measures
(E/CN.4/2003/L.15/Rev.1), urged all States to refrain from adopting
or implementing
unilateral measures not in accordance with international law, international
humanitarian law
and the Charter of the United Nations, in particular those of a coercive
nature with
extraterritorial effects, which created obstacles to trade relations
among States, thus
impeding the full realization of the rights set forth in the Universal
Declaration of Human
Rights and other international human rights instruments, in particular
the right of individuals
and peoples to development; and condemned the continued unilateral
application by certain
Powers of such measures as tools of political or economic pressure
against any country,
particularly against developing countries, with a view to preventing
those countries from
exercising their right to decide, of their own free will, their own
political, economic and
social systems;
-- in a resolution (E/CN.4/2003/ L.21) on the question of the realization
in all countries of
the economic, social and cultural rights contained in the Universal
Declaration of Human
Rights and in the International Covenant of Economic, Social and Cultural
Rights, and study
of the special problems which the developing countries faced in their
efforts to achieve
these human rights, called upon all States to give effect to economic,
social and cultural
rights; to give particular attention to the realization of such rights
by individuals, most often
women and children, especially girls, and communities living in extreme
poverty; and
requested the working group established to consider the elaboration
of an optional protocol
to the International Covenant on Economic, Social and Cultural Rights
to meet for a period
of ten working days prior to the sixtieth session of the Commission;
-- in a resolution on the right to education (E/CN.4/2003/L.22), urged
all States to give full
effect to this right and to guarantee that it was recognized and exercised
without
discrimination of any kind; and to take all appropriate measures to
eliminate obstacles to
effective access to education, notably by girls, including pregnant
girls, children living in
rural areas, children belonging to minority groups, indigenous children,
migrant children,
refugee children, internally displaced children, children affected
by armed conflicts, children
with disabilities, children affected by infectious diseases, including
HIV/AIDS, sexually
exploited children, children deprived of their liberty, children living
in the street, and
orphaned children;
-- in a resolution on the adverse effects of the illicit movement and
dumping of toxic and
dangerous products and wastes on the enjoyment of human rights (E/CN.4/2003/
L.19),
categorically condemned such dumping; reaffirmed that such illicit
traffic and dumping
constituted a serious threat to the human rights to life and the enjoyment
of the highest
attainable standard of physical health; AND urged all Governments to
take appropriate
legislative and other measures to prevent such trafficking and dumping
and the transfer of
polluting industries and industrial activities and technologies which
generated hazardous
wastes from developed to developing countries;
-- in a resolution on the effects of structural adjustment policies
and foreign debt on the full
enjoyment of human rights, particularly economic, social and cultural
rights
(E/CN.4/2003/L.23), said that it was fully aware that structural adjustment
reform
programmes gave inadequate attention to the provision of social services
and that only a
few countries managed to achieve sustainable higher growth under these
programmes; was
concerned because many countries, particularly in sub-Saharan Africa,
still carried very
high external debt burdens relative to their gross national products;
noted that in several
low- and middle-income countries unsustainable levels of external debt
continued to create
a considerable barrier to sustainable development; and recognized that
debt relief could
play a key role in liberating resources that should be directed towards
activities consistent
with sustainable growth and development; and decided to renew the mandate
of the
Independent Expert on structural adjustment policies and foreign debt
for another three
years;
-- in a resolution (E/CN.4/2003/L.24) on women's equal ownership, access
to and control
over land and the equal rights to own property and to adequate housing,
reaffirmed
women's rights to an adequate standard to living, including housing;
affirmed that
discrimination in law against women with respect to such rights constituted
a violation of
women's human right to protection against discrimination; and encouraged
Governments to
support the transformation of customs and traditions that discriminated
against women in
matters of housing and land ownership;
-- in a resolution (E7CN.4/2003/L.25) on globalization and its impact
on the full enjoyment
of human rights, recognized that while globalization, by its impact
on, inter alia, the role of
the State, could affect human rights, the promotion and protection
of human rights was first
and foremost the responsibility of the State; reaffirmed that, in addition
to States' separate
responsibilities to their individual societies, they had a collective
responsibility to uphold the
principles of human dignity, equality, and equity at the global level;
and also reaffirmed the
commitment to create an environment that was conducive to development
and to the
elimination of poverty through, inter alia, good governance within
each country and at the
international level, transparency in the financial, monetary and trading
systems and the
commitment to an open, equitable, rule-based, predictable and non-discriminatory
multilateral trading and financial system;
-- in a resolution on human rights and extreme poverty (E/CN.4/2003/L.26),
reaffirmed
that extreme poverty and exclusion from society constituted a violation
of human dignity
and that urgent national and international action was required to eliminate
them; recognized
the efforts of developing countries, in particular the commitment and
determination of
African leaders, to seriously address the challenges of poverty, underdevelopment,
marginalization, social exclusion, economic disparities, instability
and insecurity, through
such initiatives as the New Partnership for Africa's Development and
other innovative
mechanisms such as the World Solidarity Fund for the Eradication of
Poverty; and urged
States and encouraged the private sector and international financial
and development
institutions, such as the World Bank and regional development banks,
to promote
participation of individuals and groups who were victims of racism,
racial discrimination,
and related intolerance in economic, cultural, and social decisions-making
at all stages;
--in a resolution on the right to food (E/CN.4/2003/L.27), encouraged
all States to take
steps with a view to achieving progressively the full realization of
the right to food, including
steps to promote the conditions for everyone to be free from hunger
and as soon as
possible enjoy fully the right to food, as well as to elaborate and
adopt national plans to
combat hunger; and decided to extend the mandate of the Special Rapporteur
on the right
to food for a further three years;
-- in a resolution (E/CN.4/2003/L.28) on the promotion of the enjoyment
of the cultural
rights of everyone and respect for different cultural identities, stressed
that, in the face of
current imbalances in flows and exchanges of cultural goods and services
at the global level,
it was necessary to reinforce international cooperation and solidarity
aimed at enabling all
countries, especially developing countries and countries in transition,
to establish cultural
industries that were viable and competitive at the national and international
level; underlined
that market forces alone could not guarantee the preservation and promotion
of cultural
diversity, which was the key to sustainable human development; and
requested once again
the High Commissioner for Human Rights to consult States and intergovernmental
organizations on the possibility of appointing a Special Rapporteur
on the basis of whose
mandate would be the comprehensive implementation of the present resolution;
-- in a resolution (E/CN.4/2003/L.30/Rev.1) on adequate housing as a
component of the
right to an adequate standard of living, requested the Special Rapporteur,
in the fulfilment of
his mandate, to give particular emphasis to practical solutions with
regards to the
implementation of the rights relevant to his mandate; decided to renew
the mandate of the
Special Rapporteur for a period of three years;
-- in a resolution on the right of everyone to the enjoyment of the
highest attainable
standard of physical and mental health (E/CN.4/2003/32), called upon
States to guarantee
that the right of everyone to the enjoyment of the highest attainable
standard of physical and
mental health would be exercised without discrimination of any kind;
recommended that the
Economic and Social Council recommend that the General Assembly declare
2007 the
United Nations Year for Violence Prevention; and invited the Special
Rapporteur to pay
particular attention to the linkages between poverty reduction strategies
and the right of
everyone to the enjoyment of the highest attainable standard of physical
and mental health;
-- in a resolution on access to medication in the context of pandemics
such as HIV/AIDS,
Tuberculosis and Malaria (E/CN.4/2003/33), called upon States to establish
or strengthen
national health and social infrastructures and health-care systems,
with the assistance of the
international community as necessary, for the effective delivery of
prevention, treatment,
care and support to respond to pandemics such as HIV/AIDS, tuberculosis
and malaria;
and called upon States at the national level to refrain from taking
measures which would
deny or limit equal access for all persons to preventive, curative
or palliative pharmaceutical
products;
-- and in a measure (decision 3) on the Social Forum, the Commission
decided, by a vote
of 36 in favour, 1 against, and with 16 abstentions, to recommend to
the Economic and
Social Council that it authorize the Sub-Commission on the Promotion
and Protection of
Human Rights to convene in Geneva an annual intersessional forum on
economic, social
and cultural rights, to be known as the Social Forum, for two days
on dates that would
permit the possible participation of 10 members of the Sub-Commission.
Civil and Political Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.40) on the question of arbitrary detention,
encouraged
Governments concerned to implement the recommendations of the Working
Group on
arbitrary detention concerning persons mentioned in its report who
had been detained for a
number of years; to take appropriate measures in order to ensure that
their legislation,
regulations and practices in these fields were in conformity with the
relevant international
standards; and to pay special attention, during states of emergency,
to the exercise of those
rights that ensured protection against arbitrary detention; and decided
to extend for three
years the mandate of the Working Group on arbitrary detention;
-- in a resolution (E/CN.4/2003/L.42) on torture and other cruel, inhuman
or degrading
treatment or punishment, condemned all such acts; condemned in particular
any action or
attempt by States or public officials to legalize or authorize torture
under any circumstances;
urged all Governments to take effective measures to provide redress
and to prevent torture
and other cruel, inhuman or degrading treatment; reminded Governments
that corporal
punishment, including of children, could amount to such treatment;
reminded Governments
that intimidation and coercion, including serious and credible threats,
as well as death
threats, could amount to such treatment; and urged all States to consider
becoming parties
to the Convention against Torture and to consider signing and ratifying
the Optional
Protocol to the Convention.
-- in a resolution (E/CN.4/2003/L.43) on human rights and forensic science,
welcomed the
increased use of forensic investigations in situations where grave
violations of human rights
had occurred; recommended that the Office of the High Commissioner
for Human Rights
encourage forensic experts to coordinate further and to produce additional
manuals; and
recommended that the Secretary-General establish procedures to evaluate
the use of
forensic expertise and the results of those efforts;
-- in a resolution (E/CN.4/2003/ L. 44) on the right to restitution,
compensation and
rehabilitation for victims of grave violations of human rights and
fundamental freedoms,
called upon the international community to give due attention to the
right to a remedy and,
in particular, in appropriate cases, to receive restitution, compensation,
and rehabilitation;
requested the Secretary-General to circulate the draft "Basic principles
and guidelines" on
the subject; requested the Chairperson-Rapporteur of the consultative
meeting held on the
guidelines, in consultation with the relevant independent experts,
to prepare a revised
version; and requested the High Commissioner for Human Rights to hold
a second
consultative meeting with a view to finalizing the "Basic principles
and guidelines";
-- in a resolution (E/CN.4/2003/L.47) on the strengthening of popular
participation, equity,
social justice and non-discrimination as essential foundations of democracy,
reaffirmed that
democracy was based on the freely expressed will of the people; that
while all democracies
shared common features, there was no one model of democracy, and therefore
States must
not seek to export any particular model of democracy; that the consolidation
of democracy
required the promotion and protection of all human rights for everyone;
and reaffirmed that
the will of the people should be the basis of the authority of Government,
and that this
should be expressed in periodic and genuine elections by universal
and equal suffrage, held
by secret vote or by equivalent free voting procedures;
-- in a resolution on the interdependence between democracy and human
rights
(E/CN.4/2003/L.49), reaffirmed its conviction that democracy, development
and respect
for human rights were interdependent and mutually reinforcing; stressed
the need for equal
opportunities for men and women to participate in political and public
life; acknowledged
that democracy was an always perfectible process; requested the Office
of the High
Commissioner for Human Rights to prepare a compilation of documents
or texts adopted
and used by organizations to promote and consolidate democracy; and
called upon the
Office to organize a second expert seminar in 2004, to examine further
the interdependence
between democracy and human rights, with the topic of "democracy and
the rule of law";
-- in a resolution (E/CN.4/2003/ L.51) on human rights and terrorism,
reiterated its
unequivocal condemnation of terrorism in all its acts and forms; strongly
condemned
violations of the right to life, liberty and security; and urged States
to prevent, combat and
eliminate terrorism;
-- in a resolution on the question of enforced or involuntary disappearances
(E/CN.4/2003/L.53/Rev.1), deplored the fact that some Governments had
never provided
substantive replies concerning the cases of enforced disappearance
in their countries or
acted on the recommendations concerning them made in the reports of
the Working Group
on enforced or involuntary disappearances; urged the Governments concerned
to
cooperate with the Working Group; to continue efforts to shed light
on the fate of
individuals in situations where there were many long-unresolved cases
of disappearances
and to set appropriate settlement machinery in train with the families
of those individuals;
and requested the intersessional open-ended Working Group with the
mandate to
elaborate a draft legally binding normative instrument for the protection
of all persons from
enforced disappearance to meet for a period of 10 working days before
the sixtieth session
of the Commission;
-- in a resolution (E/CN.4/2003/L.54) on the integrity of the judicial
system, reiterated that
every person was entitled, in full equality, to a fair and public hearing
by an independent
and impartial tribunal, in the determination of his/her rights and
obligations and of any
criminal charge against him/her; that everyone had the right to be
tried by ordinary courts or
tribunals using established legal procedures; stressed the importance
that everyone charged
with a penal offense had the right to be presumed innocent until proven
guilty; and urged
States to guarantee that all persons brought to trial before courts
or tribunals had the right
to be tried in their presence and to defend themselves in person;
-- in a resolution on hostage-taking (E/CN.4/2003/L.55), reaffirmed
that hostage-taking,
wherever and by whomever committed, was a serious crime and under any
circumstances
was unjustifiable; condemned all acts of hostage-taking anywhere in
the world; and
demanded that all hostages be released immediately and without any
preconditions;
-- in a resolution on the incompatibility between democracy and racism
(E/CN.4/2003/L.56), condemned the persistence and resurgence of neo-Nazism,
neo-fascism and violent nationalist ideologies based on racial or national
prejudice, and
stated that these phenomena could never be justified in any instance;
urged States to
reinforce their commitment to promote tolerance and human rights and
to fight against
racism, racial discrimination, xenophobia and related intolerance as
a way to strengthen
democracy, the rule of law and transparent and accountable governance;
and invited the
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia
and related intolerance to update and expand the study on the issue
of political platforms
which promoted or incited racial discrimination;
-- in a resolution on the right to freedom of opinion and expression
(E/CN.4/2003/L.59),
expressed its continuing concern at the extensive occurrence of detention,
extrajudicial
killing, torture, intimidation, persecution and harassment, abuse of
legal provisions on
defamation and criminal libel as well as on surveillance, search and
seizure, and censorship,
threats and acts of violence and of discrimination, often undertaken
with impunity, against
persons, including professionals in the field of information, who exercised
the right to
freedom of opinion and expression; and expressed concern at the inadequate
resources
provided to the Special Rapporteur on freedom of opinion and expression
and requested
the Secretary-General to provide the assistance necessary for the Special
Rapporteur to
fulfill his mandate effectively;
-- in a resolution (E/CN.4/2003/L.48) on the independence and impartiality
of the
judiciary, jurors and assessors and the independence of lawyers, noted
the concern of the
Special Rapporteur on the topic that the situation of the independence
of the judiciary,
which was the bedrock of the rule of law, remained delicate in many
parts of the world;
invited the High Commissioner for Human Rights to continue to provide
technical assistance
to train judges and lawyers; and decided to extend the mandate of the
Special Rapporteur
for a further three years;
-- in a resolution on extrajudicial, summary or arbitrary executions
(E/CN.4/2003/L.57/Rev.1), stressed the importance of States taking
effective measures to
end impunity with regard to extrajudicial, summary or arbitrary executions;
urged the
Special Rapporteur on the topic to continue to draw to the attention
of the UN High
Commissioner for Human Rights such situations of extrajudicial, summary
or arbitrary
execution as were of particularly serious concern to her or where early
action might prevent
further deterioration; and requested the Secretary-General to provide
the Special
Rapporteur with adequate human, financial and material resources in
order to enable her to
carry out her mandate effectively;
-- in a resolution on the elimination of all forms of religious intolerance
(E/CN.4/2003/L.58), urged States to ensure that their constitutional
and legislative systems
provided adequate and effective guarantees of freedom of thought, conscience,
religion and
belief to all without distinction; to ensure that no one within their
jurisdiction was deprived
of the right to life or the right to liberty and security of person
because of religion or belief;
in conformity with international human rights standards, to take all
necessary action to
combat hatred, intolerance and acts of violence, intimidation and coercion
motivated by
intolerance based on religion or belief; and to recognize the right
of all persons to worship
or assemble in connection with a religion or belief and to establish
and maintain places for
these purposes;
-- and in a measure on discrimination in the criminal justice system,
approved the decision
of the Sub-Commission on the Promotion and Protection of Human Rights
to appoint Leila
Zerrougui as Special Rapporteur to conduct a detailed study of the
subject.
The Right of Peoples to Self-Determination
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.5) on the question of Western Sahara,
took note of the
agreements reached between the Kingdom of Morocco and the Frente Popular
para la
Liberacion de Saguia el-Hamra y de Rio de Oro for the implementation
of the settlement
plan during their private direct talks under the auspices of the Personal
Envoy of the
Secretary-General, and urged the parties to implement those agreements
fully and in good
faith;
-- in a resolution (E/CN.4/2003/L.7) on the use of mercenaries as a
means of violating
human rights and impeding the exercise of the right of peoples to self-determination,
urged
all States to take the necessary steps and to exercise the utmost vigilance
against the
menace posed by the activities of mercenaries, and to take legislative
measures to ensure
that their territories and other territories under their control, as
well as their nationals, were
not used for mercenary activities for the planning of activities designed
to impeded the right
to self-determination, to overthrow the Government of any State, or
to dismember or
impair the territorial integrity or political unity of sovereign and
independent States
conducting themselves in compliance with the right to self-determination;
-- and in a resolution (E/CN.4/2003/L.9) on the situation in occupied
Palestine, reaffirmed
the inalienable, permanent and unqualified right of the Palestinian
people to
self-determination, including their right to establish their sovereign
and independent
Palestinian State, and looked forward to the early fulfilment of that
right; and requested the
Secretary-General to transmit the present resolution to Israel.
Racism and Other Forms of Intolerance
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.16) on combating defamation of religion,
expressed
deep concern that Islam was frequently and wrongly associated with
human rights violations
and terrorism; noted with deep concern the intensification of the campaign
of defamation of
religions, and the ethnic and religious profiling of Muslim minorities,
in the aftermath of the
tragic events of 11 September 2001; and requested the Special Rapporteur
on
contemporary forms of racism to examine the situation of Muslim and
Arab peoples with
special reference to physical attacks against their places of worship,
cultural centres,
businesses and properties in the aftermath of the events of 11 September
2001 and to
submit a progress report on his findings to the Commission;
-- and, in a resolution (E/CN.4/2003/L.4) on the World Conference against
Racism, Racial
Discrimination, Xenophobia and Related Intolerance and the comprehensive
implementation of and follow-up to the Durban Declaration and Programme
of Action,
stressed that States and international organizations had a responsibility
to ensure that
measures taken in the struggle against terrorism did not discriminate
on grounds of race,
colour, descent or ethnic origin; urged all States to review and, when
necessary, revise their
immigration laws, policies and practices so that they were free of
racial discrimination;
decided that the Working Group on the Effective Implementation of the
Durban
Declaration and Programme of Action would convene its future sessions
for an initial period
of three years; requested the Working Group to convene its second session
of 10 working
days and to focus on poverty, education and complementary standards;
and decided that
the Working Group of Experts on People of African Descent shall reconvene
for an initial
period of three years; and emphasized that the basic responsibility
for combating racism lay
with States.
Promotion and Protection of Human Rights
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.39) on enhancement of international
cooperation in the
field of human rights, considered that such cooperation should make
an effective and
practical contribution to the urgent task of preventing violations
of human rights; and urged
all actors to build an international order based on inclusion, justice,
equality, human dignity,
mutual understanding, and promotion of and respect for cultural diversity
and universal
human rights;
-- in a resolution on promotion of peace as a vital requirement for
the full enjoyment of all
human rights by all (E/CN.4/2003/L.76), solemnly declared that the
preservation of peace
and its promotion constituted a fundamental obligation of each State;
emphasized that the
policies of States should be directed towards the elimination of the
threat of war,
particularly nuclear war, the renunciation of the use or threat of
use of force in international
relations and the settlement of international disputes by peaceful
means on the basis of the
Charter of the United Nations;
-- in a resolution on development of public information activities in
the field of human rights,
including the World Public Information Campaign on Human Rights (E/CN.4/2003/L.80),
encouraged the Office of the High Commissioner for Human Rights to
continue the
development of human rights education and training materials; and urged
the Department of
Public Information to continue to use fully and effectively the United
Nations information
centres for the purpose of disseminating basic information and reference
materials on
human rights;
-- in a resolution (E/CN.4/2003/L.84) on promotion of a democratic and
equitable
international order, called upon Member States to maximize the benefits
of globalization
through, inter alia, the strengthening and enhancement of international
cooperation to
increase equality of opportunity for trade, economic growth and sustainable
development,
global communication and increased intercultural exchange through the
preservation and
promotion of cultural diversity; affirmed that such an order required,
inter alia, the right of
all peoples to self-determination; to permanent sovereignty over their
natural wealth and
resources; the right of all to development; the right of all to peace;
the right to an
international economic order based on equal participation in the decision-making
process,
interdependence, mutual interest, solidarity, and cooperation among
all States; and
transparent, democratic, just and accountable international institutions;
-- in a resolution on human rights defenders (E/CN.4/2003/L.87), called
upon all States to
promote and give full effect to 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; condemned all human rights violations
committed against human rights defenders; and decided to extend the
mandate of the
Special Representative of the Secretary-General on human rights defenders
for a further
three years;
-- in a resolution (E/CN.4/2003/L.90) on the role of good governance
in the promotion of
human rights, recognized that transparent, accountable and participatory
government,
responsive to the needs and aspirations of the people, was the foundation
on which good
governance rested;
-- in a resolution on the Convention on the Prevention and Punishment
of the Crime of
Genocide (E/CN.4/2003/L.91), reaffirmed the significance of the Convention;
invited
States to ratify the Convention; and called upon all member States
to continue to give
serious consideration to the matter of the prevention and punishment
of the crime of
genocide;
-- in a resolution (E/CN.4/2003/L.93) on the question of the death penalty,
urged all States
that still maintained the death penalty not to impose it for crimes
committed by persons
below 18 years of age, and to exclude pregnant women from capital punishment;
not to
impose it for any but the most serious crimes; to ensure that the notion
of "most serious
crimes" did not go beyond intentional crimes with lethal or extremely
grave consequences
and that the death penalty was not imposed for non-violent acts such
as financial crimes,
non-violent religious practice or expression of conscience and sexual
relations between
consenting adults; progressively to restrict the number of offenses
for which the death
penalty could be imposed; and to abolish the death penalty completely
and, in the
meantime, to establish a moratorium on executions;
-- in a resolution (E/CN.4/2003/L.94) on the protection of human rights
and fundamental
freedoms while countering terrorism, affirmed that States must ensure
that any measure
taken to combat terrorism complied with their obligations under international
human rights,
refugee and humanitarian law; invited the High Commissioner for Human
Rights and the
Human Rights Committee to continue the important dialogues they had
established with the
Counter-Terrorism Committee of the Security Council; requested the
High Commissioner
to continue to examine the question of protecting human rights while
combating terrorism,
to continue to make general recommendations on the topic, and to submit
a report on
implementation of the present resolution to the Commission at its sixtieth
session;
-- in a resolution on human rights and bioethics (E/CN.4/2003/L.95);
urged States to take
measures for the protection and confidentiality of personal genetic
data concerning persons
living or dead; called upon States that had not yet done so to address
the issue of
discrimination arising from the application of genetics; and drew the
attention of
Governments to the importance of research on the human genome and its
applications for
the improvement of health, and the need to safeguard the human rights,
the dignity, and the
identity of the individual;
-- in a resolution (E/CN.4/2003/L.99) on the United Nations Decade for
Human Rights
Education, urged all Governments to contribute further to the implementation
of the Plan of
Action for the Decade; to intensify their efforts in the field of education,
including human
rights education, in order to promote an understanding and awareness
of the causes,
consequences and evils of racism, racial discrimination, xenophobia
and related intolerance;
and requested the Office of the High Commissioner to organize jointly
with the United
Nations Educational, Scientific and Cultural Organization an intergovernmental
workshop
to assess the achievements and shortcomings of the current Decade and
to discuss
strategies for a second decade;
-- in a resolution on impunity (E/CN.4/2003/L.101), emphasized the importance
of taking
all necessary steps to hold accountable perpetrators, including their
accomplices, of
violations of international human rights and humanitarian law, recognized
that amnesties
should not be granted to those who committed such violations and urged
States to take
action in accordance with their obligations under international law;
acknowledged the
historic significance of the entry into force of the International
Criminal Court; and
requested the Secretary-General to commission an independent study
within existing
resources on best practices to assist States in strengthening their
domestic capacities for
combating all aspects of impunity;
-- in a resolution on the human rights and the environment as part of
sustainable
development (E/CN.4/2003/L.100/Rev.1), called upon States to take all
necessary and
appropriate measures to protect the exercise of everyone's human rights
when promoting
environmental protection and sustainable development; and requested
the
Secretary-General to submit to the Commission at its sixtieth session
a report on the
consideration being given to the possible relationship between the
environment and human
rights, including the right to development, as part of sustainable
development;
-- in a measure on the prevention of human rights violations caused
by the availability and
misuse of small arms and light weapons, endorsed the decision of the
Sub-Commission on
the Promotion and Protection of Human Rights to appoint Barbara Frey
as Special
Rapporteur to prepare a study on the topic;
-- and, in a measure (E/CN.4/2003/L.86) on human rights and responsibilities,
decided to
recommend to the Economic and Social Council that it authorize Miguel
Alfonso Martinez,
Special Rapporteur on the topic, to send again to member States and
relevant organizations
the questionnaire contained in the annex to his preliminary report.
The Human Rights of Women
Under this agenda item, the Commission:
-- in a resolution on integrating the human rights of women throughout
the United Nations
system (E/CN.4/2003/L.50), recognized the importance of examining the
intersection of
multiple forms of discrimination from a gender perspective; encouraged
the
Secretary-General to ensure implementation of the joint work plan on
integrating the human
rights of women throughout the United Nations system, and to continue
to elaborate the
plan; and recognized the important role of women in the prevention
and resolution of
conflicts and in peace-building, and the need to increase their role
in decision-making in
such matters;
-- and, in a resolution on the elimination of violence against women
(E/CN.4/2003/L.52),
strongly condemned all acts of such violence; strongly condemned physical,
sexual and
psychological violence occurring in the family; stressed that States
had the affirmative duty
to promote and protect the human rights of women and girls; urged them
to condemn
violence against women and not invoke custom, tradition or practices
in the name of
religion or culture to avoid their obligations to eliminate such violence;
strongly condemned
violence against women committed in situations of armed conflict; and
decided that the
mandate of the Special Rapporteur on violence against women should
be renewed for a
period of three years.
Rights of the Child
Under this agenda item, the Commission:
-- in an omnibus resolution (E/CN.4/2003/L.105) on the rights of the
child, called on all
States to ensure that children were entitled to their civil, political,
economic, social and
cultural rights without discrimination of any kind; to ensure the full
and equal enjoyment by
girls of all human rights; to take all necessary measures to ensure
the full and equal
enjoyment of all human rights by children with disabilities and by
children working and/or
living in the street, refugee and internally displaced children, and
children alleged to have or
recognized as having infringed penal law; and called upon all States
to take all appropriate
measures to prevent and eradicate the sale of children, child prostitution
and child
pornography;
-- and, in a resolution on the abduction of children in Africa (E/CN.4/2003/L.46),
condemned in the strongest terms the abduction and recruitment of children
for armed
conflicts; the abduction of children from refugee camps by armed groups,
as distinct from
the armed forces of States, and their subjection of children to forced
conscription, torture,
killing and rape; and demanded the immediate demobilization and disarmament
of all child
soldiers.
Indigenous Issues
Under this agenda item, the Commission:
-- in a resolution on the Working Group on indigenous populations, (E/CN.4/2003/L.17),
noted that the respective mandates of the Working Group on indigenous
populations of the
Sub-Commission, the Permanent Forum on Indigenous Issues and the Special
Rapporteur
on the situation of human rights and fundamental freedoms of indigenous
people of the
Commissioner were complementary and did not give rise to duplication;
and said it was
convinced of the continuing need for the Working Group on indigenous
populations; and
endorsed the recommended decisions 5 and 8 of the Sub-Commission on
the Promotion
and Protection of Human Rights in relation to the Working Group;
-- in a resolution on human rights and indigenous issues (E/CN.4/2003/L.60),
requested
the Special Rapporteur on the human rights of indigenous people to
request, receive and
exchange information on violations of the human rights of indigenous
people, wherever they
occurred; and invited the Special Rapporteur, in carrying out his tasks,
to take into account
all the recommendations of the Permanent Forum on Indigenous Issues
and the Working
Group on Indigenous Populations relevant to his mandate;
-- in a resolution on Working Group of the Commission on Human Rights
to elaborate a
draft declaration on the rights of indigenous people in accordance
with paragraph 5 of
General Assembly resolution 49/214 of 23 December 1994 (E/CN.4/2003/L.69),
recommended that the Working Group meet for 10 working days prior to
the sixtieth
session of the Commission; and requested the Chairperson-Rapporteur
of the Working
Group to undertake enquiries with the Office of the High Commissioner
for Human Rights
to determine the possibility of convening additional meetings of the
Working Group with a
view to facilitating progress in drafting a declaration;
-- in a resolution on the Working Group on Indigenous Populations of
the Sub-Commission
on the Promotion and Protection of Human Rights and the International
Decade of the
World's Indigenous People (E/CN.4/2003/L.72), recommended that the
Economic and
Social Council authorize the Working Group to meet for five working
days prior to the
fifty-fifth session of the Sub-Commission; requested the High Commissioner
for Human
Rights, in his capacity as Director of the Decade, to submit an updated
annual report on the
Decade to the Commission at its sixtieth session;
-- in a measure on indigenous peoples' permanent sovereignty over natural
resources,
endorsed the decision of the Sub-Commission on the Promotion and Protection
of Human
Rights to appoint Erica-Irene A. Daes as Special Rapporteur to undertake
a study on the
topic;
-- in a measure on treaties, agreements, and other constructive arrangements
between
States and indigenous peoples decided to recommend to the Economic
and Social Council
that it request the United Nations High Commissioner for Human Rights
to organize, before
the end of the Decade, a seminar on the subject;
-- and, in an amended measure on the presentation of the reports of
the Working Group on
indigenous populations on its twentieth and twenty-first sessions to
the Permanent Forum
on Indigenous Issues, endorsed the view of the Sub-Commission on the
Promotion and
Protection of Human Rights that the Chairperson-Rapporteur of the Working
Group be
invited to attend the second session of the Forum to present the reports.
Effective Functioning of Human Rights Mechanisms
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.88) on regional arrangements for the
promotion and
protection of human rights, recognized that the regional approach should
imply intensive
cooperation and coordination with all partners involved, while bearing
in mind the
importance of international cooperation; and invited States in areas
in which regional
arrangements did not yet exist to consider establishing suitable regional
machinery;
-- in a resolution (E/CN.4/2003/L.82) on regional cooperation for the
promotion and
protection of human rights in the Asian and Pacific region, stressed
that developing and
strengthening national capacities for human rights in accordance with
national conditions
provided the strongest foundation for such cooperation in the region;
and endorsed the
conclusions of the eleventh Workshop on the next steps to be taken
to facilitate such
regional cooperation;
-- in a resolution (E/CN.4/2003/L.83) on the composition of the staff
of the Office of the
High Commissioner for Human Rights, considered that it was necessary
to take urgent,
concrete and immediate action to change the currently prevailing geographical
distribution
of staff of the Office in favour of a more equitable distribution of
posts; requested the
Secretary-General to take the necessary measures to ensure that particular
attention was
paid to recruiting personnel from unrepresented and underrepresented
member States; and
requested the High Commissioner to submit a comprehensive report on
the implementation
of the present resolution to the Commission at its sixtieth session;
-- in a resolution on national institutions for the promotion and protection
of human rights
(E/CN.4/2003/L.89), reaffirmed the importance of the development of
effective,
independent, pluralistic national institutions; reiterated the continued
importance of the Paris
Principles for such national institutions; and encouraged States to
establish or, where they
already existed, strengthen such institutions;
-- and, in a measure (E/CN.4/2003/L.96) on enhancement of the functioning
of the Office
of the High Commissioner for Human Rights in regard to the operation
of the mechanisms
of the Commission on Human Rights, decided to request the High Commissioner
to ensure
more effective coordination to preclude any overlapping and/or duplication
among all the
mechanisms mandated and/or reporting to the Commission.
Human Rights in the Occupied Arab Territories, including Palestine
Under this agenda item, the Commission:
-- in a resolution (E/CN.4/2003/L.3) on human rights in the occupied
Syrian Golan, called
upon Israel to comply with the relevant resolutions of the General
Assembly and Security
Council, particularly resolution 497 (1981) in which the Council decided
that the Israeli
decision to impose its laws, jurisdiction and administration on the
occupied Syrian Golan
was null and void and without international legal effect; called upon
Israel to desist from
changing the physical character, demographic composition, institutional
structure and legal
status of the occupied Syrian Golan, and emphasized that the displaced
persons of the
population must be allowed to return to their homes and to recover
their properties;
-- in a resolution (E/CN.4/2003/L.12) on the question of the violation
of human rights in the
occupied Arab territories, including Palestine, reaffirmed the legitimate
right of the
Palestinian people to resist the Israeli occupation in order to free
their land and be able to
exercise their right to self-determination; strongly condemned the
violations by the Israeli
occupation authorities of human rights in the territory, including
East Jerusalem; the Israeli
occupation of the Palestinian territory; the war launched by the Israeli
army against
Palestinian towns and camps; the practice of "liquidation" or "extrajudicial
executions"
carried out by the Israeli army against Palestinians; and called upon
the Government of
Israel to put an end immediately to these practices; condemned the
use of torture against
Palestinians during interrogation; expressed grave concern at the deterioration
of the human
rights and humanitarian situation in the occupied Palestinian territory;
and called once again
upon Israel to desist from all forms of violation of human rights in
the occupied Palestinian
territory and to withdraw from the territory occupied since 1967;
-- and, in a resolution (E/CN.4/2003/L.18) on Israeli settlements in
the occupied Arab
territories, expressed grave concern at the continuation, at an escalated
level, of the
Israeli-Palestinian conflict; at the continuing Israeli settlement
activities, including the illegal
installation of settlers in the occupied territories and related activities,
such as the expansion
of settlements, the expulsion of Palestinians and the construction
of bypass roads, which
changed the physical character and demographic composition of the occupied
territories,
including East Jerusalem, as settlements were a major obstacle to peace
and to the creation
of an independent, viable, sovereign and democratic Palestinian State;
urged the
Government of Israel to comply fully with previous Commission resolutions
on the subject
of the settlements; and to reverse its settlement policy and prevent
any new installation of
settlers.
Specific Groups and Individuals
Under this agenda item, the Commission:
-- in a resolution on the human rights of migrants (E/CN.4/2003/L.63),
strongly
condemned manifestations and acts of racism, racial discrimination,
xenophobia and related
intolerance against migrants and the stereotypes often applied to them
and urged States to
eradicate impunity for those who committed racist and xenophobic acts;
called upon all
States to revise, when necessary, immigration policies with a view
to eliminating
discriminatory practices; to adopt effective measures to put an end
to the arbitrary arrest
and detention of migrants; to combat international trafficking and
smuggling of migrants; to
protect all human rights of migrant children; and to adopt measures
to prevent the violation
of the human rights of migrants while in transit;
-- in a resolution on the protection of human rights in the context
of human
immunodeficiency virus (HIV) and acquired immunodeficiency syndrome
(AIDS)
(E/CN.4/2003/L.64), invited States to strengthen national mechanisms
for protecting
HIV/AIDS-related human rights and to take all necessary measures to
eliminate
stigmatization of and discrimination against those infected and affected
by HIV/AIDS;
urged States to ensure that their laws, policies and practices respected
human rights in the
context of HIV/AIDS; and requested States to establish co-ordinated,
transparent and
accountable national policies and programmes for HIV/AIDS response;
-- in a resolution on the International Convention on the Protection
of the Rights of All
Migrant Workers and Members of Their Families (E/CN.4/2003/L.67), acknowledged
with appreciation the entry into force of the International Convention
on the Protection of
the Rights of All Migrant Workers and Members of Their Families; called
again upon all
States that had not yet done so to consider seriously signing and ratifying
or acceding to the
Convention as a matter of priority; and requested the Secretary-General
to make all the
necessary provisions for the timely establishment of the Committee
on the Protection of the
Rights of All Migrant Workers and Members of Their Families;
-- in a resolution on the human rights of persons with disabilities
(E/CN.4/2003/L.78),
urged Governments to take active measures to ensure the full enjoyment
by such persons of
all human rights and fundamental freedoms; and called upon the Office
of the High
Commissioner for Human Rights to report to the Commission at its sixtieth
session on
progress in the implementation of the recommendations contained in
the study on human
rights and disability presented at the fifty-eighth session of the
Commission and on the
programme of work of the Office in relation to persons with disabilities;
-- in a resolution on the rights of persons belonging to national or
ethnic, religious and
linguistic minorities (E/CN.4/2003/L.70), urged States to promote and
give effect to the
Declaration on the rights of such persons; to provide equal access
to education to members
of minority groups and to facilitate their full participation in the
economic progress and
development of their country; to pay specific attention to the negative
impacts of racism,
racial discrimination, xenophobia and related intolerance on the situation
of persons
belonging to such minorities; to give special attention to the rights
of children belonging to
minorities; to protect the cultural and religious sites of minorities;
and requested the High
Commissioner for Human Rights to examine existing mechanisms and to
identify possible
gaps in the protection of the rights of such persons, and to report
thereon to the
Commission at its sixtieth session;
-- in a resolution (E/CN.4/2003/L.71.Rev.1) on internally displaced
persons, expressed
concern at the persistent problems of large numbers of internally displaced
persons
worldwide; expressed particular concern at the grave problems faced
by many internally
displaced women and children; noted the importance of taking the human
rights and the
specific protection and assistance needs of internally displaced persons
into consideration in
peace processes and in reintegration and rehabilitation processes;
and called upon
Governments to provide protection and assistance, including reintegration
and development
assistance, to internally displaced persons;
-- in a resolution on human rights and mass exoduses (E/CN.4/2003/L.65),
emphasized the
responsibility of all States and international organizations to cooperate
with those countries,
particularly developing countries, affected by mass exoduses of refugees
and displaced
persons; called upon States to ensure effective protection of refugees
by, inter alia,
respecting the principle of non-refoulement; to ensure full, safe,
unhindered access by
humanitarian workers to displaced populations; to protect and promote
and respect the
human rights of refugee and displaced women and children; and requested
the High
Commissioner for Human Rights to prepare an analytical report on measures
taken to
implement the present resolution;
-- and, in a measure on housing and property restitution in the context
of refugees and other
displaced persons, endorsed the decision of the Sub-Commission on the
Promotion and
Protection of Human Rights to appoint Paulo Sergio Pinheiro as Special
Rapporteur to
carry out a comprehensive study of the topic.
Report of the Sub-Commission on the Promotion and Protection of Human Rights
In relation to the work of the Sub-Commission on the Promotion and Protection
of Human
Rights (E/CN.4/2003/L.66), the Commission approved a resolution stating
that the
Sub-Commission could best assist the Commission by providing it, among
other things,
with independent expert studies and working papers solely carried out
by its members or
alternates, but that nevertheless, the expertise of former members
of the Sub-Commission
could continue to be used to carry out some activities requested by
the Sub-Commission
and confirmed by the Commission; and requested the Bureau of the Commission
to study
further the proposals made by the Office of the High Commissioner for
Human Rights on
issues raised by the Sub-Commission.
Right to Development
Under this agenda item, the Commission adopted a resolution on the right
to development,
(E/CN.4/2003/L.14/Rev.1) in which it requested the Sub-Commission on
the Promotion
and Protection of Human Rights to prepare a concept document establishing
options and
their feasibility for the implementation of the right to development,
inter alia, an international
legal standard of a binding nature, guidelines on the implementation
of the right to
development and principles for development partnership; requested the
High Commissioner
to convene a two-day high-level seminar immediately prior to the next
session of the
Working Group on the right to development, inviting all relevant actors,
to review and
identify effective strategies for mainstreaming the right to development
into the polices and
operational activities of the major international organizations, as
well as a contribution to the
Sub-Commission's work on the proposed concept document; and decided
to renew the
mandate of the Working Group on the right to development for one year
and to convene its
5th session before the 60th session of the Commission, for a period
of ten working days.
Organization of the Work of the Session
Under this agenda item, the Commission adopted a decision on the dates
of the 2003
session of the Commission; the working methods of the Commission; and
the intersessional
activities of the Commission Bureau.
Commission Bureau
The Chairperson of the Commission was Najat Al-Hajjaji of the Libyan
Arab Jamahiriya.
Vice-Chairpersons were Mike Smith of Australia, Prasad Kariyawasam
of Sri Lanka, and
Jorge Voto-Bernales of Peru. Rapporteur was Branko Socanac of Croatia.
Composition of the Commission
The composition of the Commission for 2003 is the following. The term
of membership of
each State expires on 31 December of the year indicated in brackets.
Algeria (2003), Argentina (2005), Armenia (2004), Australia (2005),
Austria (2004),
Bahrain (2004), Belgium (2003), Brazil (2005), Burkina Faso (2005),
Cameroon (2003),
Canada (2003), Chile (2004), China (2005), Costa Rica (2003), Croatia
(2004), Cuba
(2003), Democratic Republic of the Congo (2003), France (2004), Gabon
(2005),
Germany (2005), Guatemala (2003), India (2003), Ireland (2005), Japan
(2005), Kenya
(2003), Libyan Arab Jamahiriya (2003), Malaysia (2003), Mexico (2004),
Pakistan
(2004), Paraguay (2005), Peru (2003), Poland (2003), Republic of Korea
(2004),
Russian Federation (2003), Saudi Arabia (2003), Senegal (2003), Sierra
Leone (2004),
South Africa (2003), Sri Lanka (2005), Sudan (2004), Swaziland (2005),
Sweden
(2004), Syrian Arab Republic (2003), Thailand (2003), Togo (2004),
Uganda (2004),
Ukraine (2005), United Kingdom of Great Britain and Northern Ireland
(2003), United
States of America (2005), Uruguay (2003), Venezuela (2003), Viet Nam
(2003),
Zimbabwe (2005).
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