Promotion of the enjoyment of the cultural rights of everyone and respect for different cultural identities 22/04/05
Effects
of economic reform and foreign debt on the full enjoyment of all human rights
22/04/05
The right to food 22/04/05
Globalization and its impact on the full enjoyment of all human rights 22/04/05
Adverse effects of the illicit movement and dumping of toxic and dangerous
products and wastes on the enjoyment of human rights
22/04/05
Human
rights and unilateral coercive measures
22/04/05
The Delegation of Cuba to the 61 CHR invites to the first meeting of the open-ended
informal consultations on Draft Resolution 15/04/05
COMMISSION
ON HUMAN RIGHTS
Sixty-first session
Agenda item 10
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Bangladesh*, Burundi*, Cameroon*, China, Cuba, Democratic People’s
Republic of Korea*, Democratic Republic of the Congo*, Guinea,
Iran (Islamic Republic of)*, Kenya, Mozambique*, Sudan, Syrian
Arab Republic*,Togo, Viet Nam*, Zimbabwe: draft resolution
2005/… Promotion of the enjoyment of the cultural rights of everyone
and respect for different cultural identities
The Commission on Human Rights.
Recalling the Charter of the United Nations, the Universal
Declaration of Human Rights and the International Covenant on Economic, Social
and Cultural Rights, as well as other pertinent human rights instruments,
Recalling also its resolution 2004/20 of 16 April 2004.
Noting that numerous declarations within the United Nations
system promote respect for cultural diversity, as well as for international
cultural cooperation, in particular the Declaration of the Principles of International
Cultural Cooperation and the United Nations Educational, Scientific and Cultural
Organization Universal Declaration on Cultural Diversity, adopted by its General
Conference in 1966 and 2001 respectively.
Emphasizing the responsibilities of all States, in conformity
with the Charter of the United Nations, to develop and encourage respect for
human rights and fundamental freedoms for all, without distinction as to race,
sex, language or religion.
Stressing the importance of the promotion of the cultural
rights of everyone and of respect for different cultural identities.
Convinced that international cooperation in promoting
and encouraging respect for human rights and fundamental freedoms for all
should be based on a profound understanding of the variety of problems existing
in different societies, on full respect for their economic, social and cultural
realities and on the full realization and recognition of the universality
of all human rights and the principles of freedom, justice, equality and non
discrimination.
Reaffirming the interdependence and the mutually reinforcing nature
of democracy, development and respect for human rights and fundamental freedoms.
Reaffirming also that cultural diversity is a cherished
asset for the advancement and welfare of humanity at large and should be valued,
enjoyed, genuinely accepted and embraced as a permanent feature which enriches
our societies.
Recalling the Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural
Property, adopted on 14 November 1970 by the General Conference of the United
Nations Educational, Scientific and Cultural Organization, and the Convention
on Stolen or Illegally Exported Cultural Objects, adopted on 24 June 1995
by the International Institute for the Unification of Private Law.
Aware of the importance attached by the countries of
origin to the return of cultural property which is of fundamental spiritual
and cultural value to them, so that they may constitute collections representative
of their cultural heritage.
Expressing its concern about the illicit traffic of cultural
property and its damage to the cultural heritage of nations.
Expressing its determination to prevent and mitigate
cultural homogenization in the context of globalization, through increased
intercultural exchange guided by the promotion and protection of cultural
diversity.
1. Reaffirms that cultural rights are an integral part of human rights,
which are universal, indivisible and interdependent.
2. Reiterates that everyone has the right freely to participate in
the cultural life of the community, to enjoy the arts and to share in scientific
advancement and its benefits.
3. Also reiterates that everyone has the right to the protection
of the moral and material interests resulting from any scientific, literary
or artistic production of which he/she is the author.
4. Affirms that each culture has a dignity and value which must be
respected and preserved and that every people has the right and the duty to
develop its culture.
5. Recognizes that States have the primary responsibility for the
promotion of the full enjoyment of cultural rights by everyone and for the
enhancement of respect for different cultural identities.
6. Stresses that cultural cooperation shall contribute to the establishment
of stable, long term relations between peoples, which should be subjected
as little as possible to the strains which may arise in international life.
7. Recognizes that the promotion and protection of the full enjoyment
of cultural rights by everyone and the respect for different cultural identities
are vital elements for the protection of cultural diversity in the context
of the ongoing process of globalization.
8. Reaffirms that all peoples have the right of self determination,
by virtue of which they freely determine their political status and freely
pursue their economic, social and cultural development.
9. Underlines the importance of cultural cooperation for all peoples
and all nations, which should share with one another their knowledge and skills,
and that international cooperation, while promoting the enrichment of all
cultures through its beneficent action, should respect the distinctive character
of each.
10. Emphasizes that cultural cooperation is especially concerned
with the moral and intellectual education of young people in a spirit of friendship,
international understanding and peace and should foster awareness among States
of the need to stimulate talent and promote the training of the rising generations
in the most varied sectors.
11. Recognizes that the promotion and protection of cultural diversity
imply a commitment to human rights and fundamental freedoms guaranteed by
international law and advances the application and the enjoyment of cultural
rights by everyone.
12. Also recognizes that broad dissemination of ideas and knowledge,
based on the freest exchange and discussion, is essential to creative activity,
the pursuit of truth and the development of the personality of everyone and
the identity of all peoples.
13. Further recognizes that the promotion of the cultural rights
of everyone, of respect for the distinct cultural identities of peoples and
of protection of the cultural diversity of humanity advances the implementation
and enjoyment of all human rights by all.
14. Stresses that, in the face of current imbalances in flows and
exchanges of cultural goods and services at the global level, it is necessary
to reinforce international cooperation and solidarity aimed at enabling all
countries, especially developing countries and countries in transition, to
establish cultural industries that are viable and competitive at national
and international levels.
15. Underlines that market forces alone cannot guarantee the preservation
and promotion of cultural diversity, which is the key to sustainable human
development, and from this perspective recognizes that the pre eminence of
public policy, in partnership with the private sector and civil society, must
be reaffirmed.
16. Calls upon States and intergovernmental and non governmental
organizations to take appropriate measures and action for the implementation
of the present resolution.
17. Expresses its appreciation to States and intergovernmental and
non-governmental organizations that responded to the consultations held pursuant
to its resolutions 2002/26 of 22 April 2002, 2003/26 of 22 April 2003 and
2004/20 of 16 April 2004.
18. Underlines that those consultations highlighted the importance
for the Commission to enhance the visibility and understanding of cultural
rights and the issue of cultural diversity, and confirmed support for the
concept that the creation of a thematic procedure could contribute to the
achievement of that objective.
19. Reaffirms that the objective of the establishment of a thematic
procedure on the promotion of the enjoyment of the cultural rights of everyone
and respect for different cultural identities is not to develop a new monitoring
mechanism, but to appoint an independent expert who could elaborate concrete
proposals and recommendations on the implementation of the present resolution,
taking into account the work already done in this field by other bodies, organs
and organizations of the United Nations system.
20. Requests the United Nations High Commissioner for Human Rights
to consult States and intergovernmental and non governmental organizations
on the particularities and scope of the mandate of an independent expert on
the promotion of the enjoyment of the cultural rights of everyone and respect
for different cultural identities, the basis of which would be the comprehensive
implementation of the present resolution, and to report on the results of
those consultations to the Commission at its sixty second session.
21. Underlines that it is important to avoid overlapping with the
activities of the United Nations Educational, Scientific and Cultural Organization
and other bodies and organizations of the United Nations system when establishing
the mandate of the independent expert and to bear in mind the significance
of encouraging synergy between all actors dealing with cultural rights and
the issue of cultural diversity.
22. Decides to continue its consideration of this matter at its sixty
second session, under the same agenda item.
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Agenda item 10
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Angola*, Bangladesh*, Bolivia*, Botswana*, Burkina Faso, Burundi*,
Cameroon*, Côte d’Ivoire*, Cuba, China, Democratic People’s
Republic of Korea*, Democratic Republic of the Congo*, Ecuador,
Eritrea, Ethiopia, Guinea, Indonesia, Kenya, Malaysia, Mauritania,
Myanmar*, Nigeria, Pakistan, Rwanda*, Sudan, Swaziland, Syrian Arab Republic*,
Togo, Tunisia*, Uganda*, United Republic of Tanzania*,
Uruguay*, Viet Nam*, Zambia*, Zimbabwe: draft resolution.
2005/… Effects of economic reform and foreign debt on the
full enjoyment of all human rights
The
Commission on Human Rights.
Recalling its previous resolutions on this matter, in
particular resolution 2004/18 of 16 April 2004.
Recalling also that the purpose of the Universal Declaration
of Human Rights is the full promotion and protection of human rights and fundamental
freedoms, that everyone is entitled to a social and international order in
which the rights and freedoms set forth in the Universal Declaration can be
fully realized and that in the United Nations Millennium .
Declaration all States resolved to respect fully and
uphold the Universal Declaration of Human Rights.
Stressing that one of the purposes of the United Nations
is to achieve international cooperation in solving international problems
of an economic, social, cultural or humanitarian character.
Emphasizing that the World Conference on Human Rights
agreed to call upon the international community to make all efforts to help
alleviate the external debt burden of developing countries in order to supplement
the efforts of the Governments of such countries to attain the full realization
of economic, social and cultural rights of their people.
Stressing the determination expressed in the Millennium
Declaration to deal comprehensively and effectively with the debt problems
of low and middle income developing countries, through various national and
international measures designed to make their debt sustainable in the long
term.
Noting that the total debt stock of the developing countries
rose from 1,421 billion United States dollars in 1990 to 2,384 billion dollars
in 2002.
Noting also that, in 2002, developing countries as a
whole made net outward transfers of financial resources for the sixth consecutive
year.
Acknowledging that there is greater acceptance that the
increasing debt burden faced by the most indebted developing countries, in
particular the least developed countries, is unsustainable and constitutes
one of the principal obstacles to achieving progress in people centred sustainable
development and poverty eradication and that for many developing countries,
as well as countries with economies in transition, excessive debt servicing
has severely constrained their capacity to promote social development and
provide basic services to realize economic, social and cultural rights.
Expressing its concern that, despite repeated rescheduling
of debt, developing countries continue to pay out more each year than the
actual amount they receive in official development assistance.
Affirming that the debt burden further complicates the
numerous problems facing developing countries, contributes to extreme poverty,
is an obstacle to sustainable human development and is thus a serious impediment
to the realization of all human rights.
1. Takes note with appreciation of the report of the independent
expert 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.4/2005/42), and stresses that structural adjustment reform programmes
have serious implications for the ability of the developing countries to abide
by the Declaration on the Right to Development and to formulate national development
policies that aim to improve the economic, social and cultural rights of their
citizens.
2. Welcomes the proposals of the independent expert for elements
of basic principles and for action at the national and international levels
in the development of draft general guidelines to be followed by States and
by private and public, national and international financial institutions in
the decision making on and execution of debt repayments and structural reform
programmes, including those arising from foreign debt relief, and encourages
the independent expert to continue to take into account in this regard the
relevant past and new initiatives of the General Assembly, the Sub-Commission
on the Promotion and Protection of Human Rights and the Commission on Human
Rights.
3. Recalls that every State has the primary responsibility to promote
the economic, social and cultural development of its people, and to this end
has the right and responsibility to choose its means and goals of development
and should not be subject to external specific prescriptions for economic
policy.
4. Recognizes that the structural adjustment reform programmes limit
public expenditure, imposing fixed expenditure ceilings and give inadequate
attention to the provision of social services, and that only a few countries
manage to achieve sustainable higher growth under these programmes.
5. Expresses its concern at the fact that the options for macroeconomic
policy of developing countries are constrained by demands for adjustment and
that many countries, particularly in sub Saharan Africa, still carry very
high external debt burdens relative to their gross national product.
6. Also expresses its concern that the level of implementation and
the reduction of the overall debt stock under the enhanced Heavily Indebted
Poor Countries Initiative are still low, and that the Initiative is not intended
to offer a comprehensive solution to the long-term debt burden.
7. Reiterates its conviction that for the heavily indebted poor countries
to achieve debt sustainability, long term growth and poverty reduction goals,
the debt relief under the Initiative will not be sufficient and that additional
resource transfers in the form of grants and concessional loans, as well as
removal of trade barriers and better prices for their exports, would be required
to ensure sustainability and permanent exit from debt overhang.
8. Regrets the absence of mechanisms to find appropriate solutions
to the unsustainable foreign debt burden of middle-income and low-income heavily
indebted countries, and that until now there has been little headway made
in redressing the unfairness of the current system of debt resolution, which
continues to place the interests of the lenders above those of indebted countries
and the poor within them, and therefore calls for an intensification of efforts
to devise effective and equitable mechanisms to cancel or reduce substantially
the foreign debt burden of all developing countries, in particular those severely
affected recently by the devastation of natural disasters, such as tsunamis
and hurricanes, as well as by armed conflicts.
9. Acknowledges that in the least developed countries and in several
low and middle income countries unsustainable levels of external debt continue
to create a considerable barrier to economic and social development and increase
the risk that the Millennium Development Goals regarding development and poverty
reduction will not be attained.
10. Recognizes that debt relief can play a key role in liberating
resources that should be directed towards activities consistent with attaining
sustainable growth and development, including poverty reduction and the achievement
of the development goals, including those set out in the United Nations Millennium
Declaration, and therefore that debt relief measures, where appropriate, should
be pursued vigorously and expeditiously, ensuring that they do not replace
alternative sources of financing and that they are accompanied by an increase
in official development assistance.
11. Recalls once again the call on industrialized countries, as expressed
in the Millennium Declaration, to implement the enhanced programme of debt
relief for the heavily indebted poor countries without further delay and to
agree to cancel all official bilateral debts of those countries in return
for their making demonstrable commitments to poverty reduction.
12. Urges the international community, including the United Nations
system, and the Bretton Woods institutions, as well as the private sector,
to take appropriate measures and actions for the implementation of the pledges,
commitments, agreements and decisions of the major United Nations conferences
and summits, including the Millennium Summit, the World Conference on Human
Rights, the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance, the World Conference on Sustainable Development and
the International Conference on Financing for Development, in particular those
relating to the question of the external debt problem of developing countries,
in particular of heavily indebted poor countries, least developed countries
and countries with economies in transition.
13. Recalls the pledge, contained in the Political Declaration contained
in the annex to resolution S 24/2, adopted on 1 July 2000 by the General Assembly
at its twenty fourth special session, to find effective, equitable, development
oriented and durable solutions to the external debt and debt servicing burdens
of developing countries.
14. Stresses the need for the economic reform programmes arising
from foreign debt to be country driven and for any negotiations and conclusion
of debt relief and new loan agreements to be formulated with public knowledge
and transparency, with legislative frameworks, institutional arrangements
and mechanisms for consultation being established to ensure the effective
participation of all components of society, including people’s legislative
bodies and human rights institutions, and particularly of the most vulnerable
or disadvantaged, in the design, application and evaluation of strategies,
policies and programmes, as well as in the follow-up to and systematic national
supervision of their implementation, and for macroeconomic and financial policy
issues to be integrated, on an equal footing and in a consistent way, in the
realization of the broader social development goals, taking into account the
national context and the priorities and needs of the debtor countries to allocate
resources in a way that ensures balanced development conducive to the overall
realization of human rights.
15. Also stresses that the economic reform programmes arising from
foreign debt should maximize the policy space of developing countries in pursuing
their national development efforts, taking into account the views of relevant
stakeholders in a way that ensures balanced development conducive to overall
realization of all human rights.
16. Further stresses that the economic programmes arising from foreign
debt relief and cancellation must not reproduce past structural adjustment
policies that have not worked, such as dogmatic demands for privatization
and reduced public services.
17. Calls upon States, the International Monetary Fund and the World
Bank to continue to cooperate closely to ensure that additional resources
made available through the Heavily Indebted Poor Countries Initiative, the
Global Fund to Fight AIDS, Tuberculosis and Malaria and other new initiatives
are absorbed in the recipient countries without affecting the ongoing programmes.
18. Reaffirms that the exercise of the basic rights of the people
of debtor countries to food, housing, clothing, employment, education, health
services and a healthy environment cannot be subordinated to the implementation
of structural adjustment policies, growth programmes and economic reforms
arising from the debt.
19. Requests the independent expert to explore further, in his analytical
annual report to the Commission, the interlinkages with trade and other issues,
including HIV/AIDS, when examining the impact of structural adjustment and
foreign debt and also to contribute, as appropriate, to the process entrusted
with the follow up to the International Conference on Financing for Development,
with a view to bringing to its attention the issue of the effects of structural
adjustment and foreign debt on the enjoyment of human rights, particularly
economic, social and cultural rights.
20. Recalls its requests to the independent expert, in the discharge
of his mandate, to present to the Commission at its sixty-second session a
final draft of general guidelines to be followed by States and by private
and public, national and international financial institutions in the decision
making on and execution of debt repayments and structural reform programmes,
including those arising from foreign debt relief, to ensure that compliance
with the commitments derived from foreign debt will not undermine the obligations
for the realization of fundamental economic, social and cultural rights, as
provided for in the international human rights instruments.
21. Requests the independent expert to seek the views and suggestions
of States, international organizations, United Nations agencies, fund and
programmes, regional economic commissions, international and regional financial
institutions and non-governmental organizations on the draft general guidelines
and his proposal of possible elements for consideration and urges them to
respond to his requests.
22. Decides to convene an expert consultation of three working days
with the participation of experts from the United Nations Development Programme,
the United Nations Population Fund, the United Nations Conference on Trade
and Development, the Food and Agriculture Organization of the United Nations,
the International Labour Organization, the World Health Organization and other
relevant United Nations agencies, the Committee on Economic, Social and Cultural
Rights, the regional economic commissions, the international financial institutions,
the special rapporteurs on economic, social and cultural rights, creditor
and debtor States and non-governmental organizations to contribute to the
independent expert’s work to finalize the draft general guidelines.
23. Also decides to replace the phrase “effects of structural
adjustment policies” by “effects of economic reform policies”
in the title of the mandate of this current special procedure.
24. Encourages the independent expert to continue to cooperate, in
accordance with his mandate, with the Committee on Economic, Social and Cultural
Rights, special rapporteurs, independent experts and members of the expert
working groups of the Commission and the Sub Commission related to economic,
social and cultural rights and the right to development, in his work towards
the elaboration of the draft general guidelines.
25. Requests the independent expert to report to the General Assembly
on the issue of the effects of economic reform policies and foreign debt on
the full enjoyment of human rights, particularly economic, social and cultural
rights.
26. Also requests the independent expert to exchange views with the
Sub Commission expert charged with preparing a working paper on the effects
of debt on human rights.
27. Requests the Secretary General to provide the independent expert
with all necessary assistance, in particular the staff and resources required
to carry out his functions, as well as to facilitate his participation in
and contribution to the follow-up process of the International Conference
on Financing for Development, including in the multi-stakeholder consultations
to be organized in 2005 on issues relevant to his mandate.
28. Urges Governments, international organizations, international
financial institutions, non governmental organizations and the private sector
to cooperate fully with the independent expert in the discharge of his mandate.
29. Urges States, international financial institutions and the private
sector to take urgent measures to alleviate the debt problem of those developing
countries particularly affected by HIV/AIDS, so that more financial resources
can be released and used for health care, research and treatment of the population
in the affected countries.
30. Reiterates its view that, in order to find a durable solution
to the debt problem and for the consideration of any new debt resolution mechanism,
there is a need for a broad political dialogue between creditor and debtor
countries and the multilateral financial institutions, within the United Nations
system, based on the principle of shared interests and responsibilities.
31. Reiterates its request to the United Nations High Commissioner
for Human Rights to pay more attention to the problem of the debt burden of
developing countries, in particular of the least developed countries, and
especially the social impact of the measures arising from foreign debt.
32. Decides to continue the consideration of this matter at its sixty
second session under the same agenda item.
COMMISSION
ON HUMAN RIGHTS
Sixty-first session
Agenda item 10
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Andorra*, Austria*, Bangladesh*, Belarus*, Bhutan, Botswana*,
Burkina Faso, Cameroon*, Congo, Côte d’Ivoire*, Croatia*, Cuba,
China, Democratic Republic of the Congo*, Ecuador, Egypt, El Salvador*,
Eritrea, Estonia*, Ethiopia, Finland, Germany, Guatemala, Guinea,
Haiti*, Honduras, Indonesia, Islamic Republic of Iran*, Kenya, Libyan
Arab Jamahiriya*, Madagascar*, Malaysia, Mali*, Mexico, Mozambique*,
Nepal, Nigeria, Norway*, Pakistan, Portugal*, Qatar, Romania, Rwanda*,
Senegal*, Slovenia*, South Africa, Spain*, Sri Lanka, Sudan, Swaziland, Switzerland*,
Syrian Arab Republic*, Thailand*, Togo, Tunisia*, Turkey*,
United Republic of Tanzania*, Venezuela*, Yemen*, Zambia*:
draft resolution
2005/… The right to food
The Commission on Human Rights.
Recalling the Universal Declaration of Human Rights,
which provides that everyone has the right to a standard of living adequate
for her/his health and well being, including food.
Recalling also the provisions of the International Covenant
on Economic, Social and Cultural Rights in which the fundamental right of
every person to be free from hunger is recognized.
Recalling further the Universal Declaration on the Eradication
of Hunger and Malnutrition as well as the United Nations Millennium Declaration.
Bearing in mind the Rome Declaration on World Food Security
and the Plan of Action of the World Food Summit, held in Rome from 13 to 17
November 1996, and bearing in mind also the Declaration of the World Food
Summit: five years later - International Alliance against Hunger, held in
Rome from 10 to 13 June 2002.
Welcoming the concrete recommendations contained in the
Voluntary Guidelines to Support the Progressive Realization of the Right to
Adequate Food in the Context of National Food Security adopted by the Council
of the Food and Agricultural Organization of the United Nations.
Reaffirming that all human rights are universal, indivisible
and interdependent and interrelated.
Recalling all its previous resolutions in this regard,
in particular resolution 2004/19 of 16 April 2004.
Recognizing that the problem of hunger and food insecurity
has global dimensions and that they are likely to persist and even to increase
dramatically in some regions unless urgent, determined and concerted action
is taken, given the anticipated increase in the world’s population and
the strain on natural resources.
Reaffirming that a peaceful, stable and enabling political,
social and economic environment, both at a national and an international level,
is the essential foundation which will enable States to give adequate priority
to food security and poverty eradication.
Reiterating, as did the Rome Declaration as well as the
Declaration of the World Food Summit: five years later, that food should not
be used as an instrument of political or economic pressure, and reaffirming
in this regard the importance of international cooperation and solidarity,
as well as the necessity of refraining from unilateral measures not in accordance
with international law and the Charter of the United Nations which endanger
food security.
Convinced that each State must adopt a strategy consistent
with its resources and capacities to achieve its individual goals in implementing
the recommendations contained in the Rome Declaration and Plan of Action of
the World Summit and, at the same time, cooperate regionally and internationally
in order to organize collective solutions to global issues of food security
in a world of increasingly interlinked institutions, societies and economies,
where coordinated efforts and shared responsibilities are essential.
Stressing the importance of reversing the continuing
decline of official development assistance devoted to agriculture and rural
development, both in real terms and as a share of total official development
assistance.
Expressing its deep concern at the number and scale of
natural disasters, diseases and agricultural pests and their increasing impact
in recent years, which have resulted in a massive loss of life and livelihood
and threatened agricultural production and food security, in particular in
developing countries.
Welcoming the solidarity and humanity expressed by the
international community towards the victims and the Governments of the States
that suffered huge losses of life and socio-economic and environmental damage
as a result of the unprecedented tsunami disaster that struck the Indian Ocean
and South-East Asian region on 26 December 2004.
1. Reaffirms that hunger constitutes an outrage and a violation of
human dignity and, therefore, requires the adoption of urgent measures at
the national, regional and international levels for its elimination.
2. Also reaffirms the right of everyone to have access to safe and
nutritious food, consistent with the right to adequate food and the fundamental
right of everyone to be free from hunger so as to be able fully to develop
and maintain their physical and mental capacities.
3. Considers it intolerable that there are around 852 million undernourished
people in the world, that every five seconds a child under the age of five
dies, directly or indirectly, of hunger or hunger-related disease somewhere
in the world and that one person loses his/her eyesight every four minutes
as a result of a lack of vitamin A when, according to the Food and Agriculture
Organization of the United Nations, the planet could produce enough food to
provide 2,100 kilocalories per person per day to 12 billion people, twice
the world’s present population.
4. Expresses its concern that women are disproportionately affected
by hunger, food insecurity and poverty, in part as a result of gender inequality,
that in many countries girls are twice as likely as boys to die from malnutrition
and preventable childhood diseases and that it is estimated that almost twice
as many women as men suffer from malnutrition and, in that sense, encourages
the Special Rapporteur to continue mainstreaming a gender perspective in the
fulfilment of his mandate.
5. Stresses the need to make efforts to mobilize and optimize the
allocation and utilization of technical and financial resources from all sources,
including external debt relief for developing countries, to reinforce national
actions to implement sustainable food security policies.
6. Recognizes that the promises made at the World Food Summit in
1996 to halve the number of undernourished persons are not being fulfilled
and that, on the contrary, global hunger increased yet again this year, and
invites once again all international financial and developmental institutions,
as well as the relevant United Nations agencies and funds, to give priority
and provide necessary funding to help realize the aim to halve by the year
2015 the proportion of people who suffer from hunger, as well as to realize
the right to food.
7. Encourages 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.
8. Requests all States and private actors, as well as international
organizations within their respective mandates, to take fully into account
the need to promote the effective realization of the right to food for all,
including in the ongoing negotiations in different fields.
9. Takes note of the report of the Special Rapporteur on the right
to food (E/CN.4/2005/47 and Add.1 and 2) and also takes note of his valuable
work in the promotion of the right to food in all parts of the world.
10. Calls upon all Governments to cooperate with and assist the Special
Rapporteur in his task, to supply all necessary information requested by him
and to give serious consideration to responding favourably to the Special
Rapporteur’s requests to visit their countries, so as to enable him
to fulfil his mandate even more effectively.
11. Requests the United Nations High Commissioner for Human Rights
to provide all necessary human and financial resources for the effective fulfilment
of the mandate of the Special Rapporteur.
12. Welcomes the work already done by the Committee on Economic,
Social and Cultural Rights in promoting the right to adequate food, in particular
its general comment No. 12 (1999) on the right to adequate food (article 11
of the International Covenant on Economic, Social and Cultural Rights), in
which the Committee affirmed, inter alia, that the right to adequate food
is indivisibly linked to the inherent dignity of the human person and is indispensable
for the fulfilment of other human rights enshrined in the International Bill
of Human Rights and is also inseparable from social justice, requiring the
adoption of appropriate economic, environmental and social policies, at both
the national and international levels, oriented to the eradication of poverty
and the fulfilment of all human rights for all.
13. Recalls general comment No. 15 (2002) on the right to water (articles
11 and 12 of the Covenant) adopted by the Committee on Economic, Social and
Cultural Rights, in which the Committee notes, inter alia, the importance
of ensuring sustainable water resources for human consumption and agriculture
in the realization of the right to adequate food.
14. Welcomes the meeting of world leaders for action against hunger
and poverty, convened by the Presidents of Brazil, Chile and France and the
Prime Minister of Spain, with the support of the Secretary-General, and the
resulting New York Declaration on Action against Hunger and Poverty, which
has been supported by more that one hundred countries to date, and recommends
the continuation of efforts aimed at identifying additional sources of financing
for the fight against hunger and poverty.
15. Also welcomes the adoption by the Council of the Food and Agricultural
Organization of the United Nations of the Voluntary Guidelines to Support
the Progressive Realization of the Right to Adequate Food in the Context of
National Food Security, which marks an important step in the progress towards
the promotion, protection and implementation of human rights for all.
16. Requests the Special Rapporteur to submit an interim report to
the General Assembly at its sixtieth session and to report to the Commission
at its sixty second session on the implementation of the present resolution.
17. Invites Governments, relevant United Nations agencies, funds
and programmes, treaty bodies, civil society actors, including non-governmental
organizations, as well as the private sector, to cooperate fully with the
Special Rapporteur in the fulfilment of his mandate, inter alia through the
submission of comments and suggestions on ways and means of realizing the
right to food.
18. Decides to continue its consideration of this matter at its sixty
second session, under the same agenda item.
COMMISSION
ON HUMAN RIGHTS
Sixty-first session
Agenda item 10
ECONOMIC,
SOCIAL AND CULTURAL RIGHTS
Nigeria, Pakistan (on behalf of the Like-Minded Group),
South Africa and Thailand*: draft resolution
2005/… Globalization and its impact on the full enjoyment of all human rights
The Commission on Human Rights.
Guided by the purposes and principles of the Charter
of the United Nations, and expressing in particular the need to achieve international
cooperation in promoting and encouraging respect for human rights and fundamental
freedoms for all without distinction.
Reaffirming its resolutions 1999/59 of 28 April 1999,
2001/32 of 23 April 2001, 2002/28 of 22 April 2002, 2003/23 of 22 April 2003
and 2004/24 of 16 April 2004, and General Assembly resolutions 55/102 of 4
December 2000, 56/165 of 19 December 2001, 57/205 of 18 December 2002, 58/193
of 22 December 2003 and 58/225 of 23 December 2004.
Affirming that, while globalization offers great opportunities,
at present its benefits are very unevenly shared and costs unevenly distributed,
and that developing countries face special difficulties in meeting this challenge.
Underlining that the deep fault line between the rich
and the poor that divides human society and the ever-increasing gap between
the developed and the developing countries pose a major threat to global prosperity,
security and stability.
Reaffirming the Declaration on the Right to Development,
adopted by the General Assembly in its resolution 41/128 of 4 December 1986.
Reaffirming also the resolve expressed in the United
Nations Millennium Declaration to ensure that globalization becomes a positive
force for the people of the world.
Realizing that globalization is not merely an economic
process, but that it also has social, political, environmental, cultural and
legal dimensions, which have an impact on the full enjoyment of all human
rights,
Realizing also the need to undertake a thorough, independent and comprehensive
assessment of the social, environmental and cultural impact of globalization
on societies.
Recognizing that globalization should be guided by the
fundamental principles that underpin the corpus of human rights, such as equality,
participation, accountability, non discrimination, at both the national and
international levels, respect for diversity, tolerance and international cooperation
and solidarity.
Affirming in this regard that multilateral institutions
have a unique role to play in meeting the challenges and opportunities presented
by globalization and also affirming the need for these institutions to recognize,
respect and protect all human rights.
Recalling the setback at the Fifth Ministerial Conference
of the World Trade Organization held in Cancún, Mexico, in September
2003 and stressing the importance of redoubling efforts in working towards
a successful and development-oriented conclusion of the negotiations of the
Fourth Ministerial Conference, held in Doha in November 2001, as set out in
the framework agreed in decision adopted by the General Council of the World
Trade Organization on 1 August 2004 (the “July package”) and prior
to the forthcoming Sixth Ministerial Conference to be held in the Hong Kong
Special Administrative Region, China.
Recalling the Monterrey Consensus (A/CONF.198/11, chap.
I, resolution 1, annex) adopted by the International Conference on Financing
for Development, held in Monterrey, Mexico, in March 2002 and the Johannesburg
Declaration on Sustainable Development (A/CONF.199/20 and Corr.1, chap.I,
resolution 1, annex) adopted by the World Summit on Sustainable Development
in September 2002, and taking note of the Declaration of Principles and the
Plan of Action adopted at the first phase of the World Summit on the Information
Society in December 2003.
Taking note with appreciation of the São Paulo
Consensus adopted by the United Nations Conference on Trade and Development
at its eleveth session and recognizing its contribution, in terms of the three
pillars of the mandate of the Conference on consensus-building, research analysis
and technical assistance, towards addressing the growth and developmental
challenges faced by the developing countries in the wake of globalization.
Taking note also of the report entitled “A Fair
Globalization: Creating Opportunities
for All” of the World Commission on the Social Dimension of Globalization
of the International Labour Organization, as a contribution to the international
dialogue towards fully inclusive and equitable globalization.
Bearing in mind the positive outcome of the high-level
seminar on the right to development entitled “Global partnership for
development” organized by the Office of the United Nations High Commissioner
for Human Rights in Geneva on 9 and 10 February 2004 within the framework
of the open-ended working group established to monitor and review progress
made in the promotion and implementation of the right to development.
Welcoming the establishment of the high-level task force,
within the framework of the Intergovernmental Working Group on the Right to
Development, with the objective of assisting the Working Group to fulfil its
mandate as contained in paragraph 10 (a) of the Commission on Human Rights
resolution 1998/72 of 22 April 1998.
Welcoming also the participation in the task force, at
its first meeting, of the representatives of the United Nations Development
Programme, the United Nations Children’s Fund, the United Nations Conference
on Trade and Development, the World Bank, the International Monetary Fund
and the World Trade Organization.
Underlining the focus on globalization in the future
work of the Sub-Commission on the Promotion and Protection of Human Rights,
as reflected in the report of the Chairperson of the Sub-Commission at its
fifty-fourth session (E/CN.4/2003/94), and requesting the Sub Commission to
intensify further its work in this area.
Deeply concerned at the inadequacy of measures to narrow
the widening gap between the developed and the developing countries, which
adversely affects the full enjoyment of human rights, particularly in the
developing countries.
Underlining the shared responsibility to assist countries
and peoples excluded from or disadvantaged by globalization.
1. Recognizes that, while globalization, by its impact on, inter
alia, the role of the State, may affect human rights, the promotion and protection
of all human rights is first and foremost the responsibility of the State.
2. Reaffirms that, in addition to States’ separate responsibilities
to their individual societies, they have a collective responsibility to uphold
the principles of human dignity, equality and equity at the global level as
an essential element in the construction and shaping of an ethnical foundation
for globalization.
3. Also reaffirms the commitment to create an enabling environment,
at both the national and international levels, that is conducive to development
and to the elimination of poverty through, inter alia, good governance within
each country and at the international level, transparency and accountability
in the financial, monetary and trading systems, including in the private sector
and transnational corporations, and the commitment to an open, equitable,
rule based, predictable and non-discriminatory multilateral trading and financial
system to ensure that there is greater complementarity between the basic tenets
of international trade law and international human rights law.
4. Further reaffirms that the right to development is an inalienable
human right by virtue of which every human person and all peoples are entitled
to participate in, contribute to and enjoy economic, social, cultural and
political development in which all human rights and fundamental freedoms can
be fully realized.
5. Recognizes that implementation of the Millennium Declaration and
attainment of international development goals as identified at United Nations
and world conferences, and of the Millennium Development Goals will contribute
to the progressive realization of the right to development.
6. Notes with appreciation that the high-level task force established
within the framework of the Intergovernmental Working Group on Right to Development
at its next meeting will examine Millennium Development Goal 8 on global partnership
for development and suggest criteria for its periodic evaluation aimed at
improving the effectiveness of global partnership with regard to the realization
of the right to development.
7. Strongly urges the international community, at the High-Level
Plenary Meeting to be held at the commencement of the sixthieth session of
the General Assembly, to take stock of the slow progress with regard to the
Millennium Development Goals, with a view to taking all necessary and appropriate
measures, including enhanced official development assistance, the search for
a durable solution to the external debt problem, market access, capacity building,
and dissemination of knowledge and technology, in order to achieve successful
integration of developing countries in the global economy.
8. Underlines the importance of coherence between national and international
efforts and between the international monetary, financial and trading systems
as being fundamental to sound global economic governance.
9. Emphasizes that development should be at the centre of the international
economic agenda and that coherence between national development strategies,
on the one hand, and international obligations and commitments, on the other,
will contribute to the creation of an enabling environment for development.
10. Stresses the need to broaden and strengthen the participation
of developing countries in international economic decision-making and norm-setting
with a view to ensuring equitable distribution of growth and development gains
in a globalizing world economy.
11. Recognizes that only through broad and sustained efforts, including
policies and measures at the global level to create a shared future based
upon our common humanity in all its diversity, can globalization be made fully
inclusive and equitable and have a human face, thus contributing to the full
enjoyment of all human rights.
12. Takes note with appreciation of the analytical study of the United
Nations High Commissioner for Human Rights on the fundamental principle of
participation in the context of globalization (E/CN.4/2005/41), as requested
in paragraph 8 of Commission resolution 2004/24, and in this regard requests
the High Commissioner to bring the report to the attention of the World Trade
Organization and other relevant international organizations with a view to
operationalizing its conclusions and recommendations.
13. Requests the High Commissioner to invite organs and bodies of
the United Nations and other relevant multilateral bodies and international
organizations, including the World Trade Organization, to consider, within
their mandates, the report of the World Commission on the Social Dimension
of Globalization.
14. Underlines that, in the absence of a framework based on the fundamental
principles that underpin the corpus of human rights, such as equality, participation,
accountability, non-discrimination, respect of diversity, tolerance and international
cooperation and solidarity, globalization will continue on its asymmetrical
course.
15. Underlines once again the need for the treaty bodies, special
rapporteurs/ representatives, independent experts and working groups of the
Commission, within their mandates and where appropriate, to take into consideration
the content of the present resolution and the report of the High Commissioner
entitled “Globalization and its impact on the full enjoyment of human
rights” (E/CN.4/2002/54).
16. Decides to consider this issue again at its sixty-second session.
COMMISSION
ON HUMAN RIGHTS
Sixty-first session
Agenda item 10
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Ethiopia (on behalf of the African group): draft resolution
2005/… Adverse effects of the illicit movement and dumping
of toxic and dangerous products and wastes on the
enjoyment of human rights
The Commission on Human Rights.
Guided by the Charter of the United Nations, the Universal
Declaration of Human Rights, the International Covenants on Human Rights and
the Vienna Declaration and Programme of Action, particularly on the question
of the human rights of everyone to life, the enjoyment of the highest attainable
standard of physical and mental health and other human rights affected by
the illicit movement and dumping of toxic and dangerous products, including
the rights to clean water, food, adequate housing and work.
Recalling its earlier resolutions on the subject, in
particular, resolutions 2003/20 of 22 April 2003 and 2004/17 of 16 April 2004.
Taking into consideration the Johannesburg Declaration
on Sustainable Development (A/CONF.199/20 and Corr.1, chap. I, resolution
1, annex) and Plan of Implementation (ibid., resolution 2, annex), adopted
by the World Summit on Sustainable Development held in Johannesburg, South
Africa, in September 2002.
Welcoming the entry into force of the Convention on the
Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides
in International Trade as a key instrument providing States with a major tool
to reduce the risks associated with pesticide use.
Affirming that the illicit movement and dumping of toxic
and dangerous products and wastes constitute a serious threat to human rights,
including the right to life, the enjoyment of the highest attainable standard
of physical and mental health and other human rights affected by the illicit
movement and dumping of toxic and dangerous products, including the rights
to clean water, food, adequate housing and work, particularly of individual
developing countries that do not have the technologies to process them.
Noting that the Stockholm Convention on Persistent Organic
Pollutants has the potential to address serious issues of concern, especially
for developing countries.
Reaffirming that the international community must treat
all human rights in a fair and equal manner, on the same footing and with
the same emphasis.
Reiterating that all human rights are universal, indivisible,
interdependent and interrelated.
Reaffirming General Assembly resolution 50/174 of 22
December 1995 on strengthening of United Nations action in the field of human
rights through the promotion of international cooperation and the importance
of non-selectivity, impartiality and objectivity.
Mindful of the call by the World Conference on Human
Rights on all States to adopt and vigorously implement existing conventions
relating to the dumping of toxic and dangerous products and to cooperate in
the prevention of illicit dumping.
Aware of the increasing rate of illicit movement and
dumping by transnational corporations and other enterprises from industrialized
countries of hazardous and other wastes in developing countries that do not
have the national capacity to deal with them in an environmentally sound manner,
Aware also that many developing countries do not have the national capacities
and technologies to process such wastes in order to eradicate or diminish
their adverse effects on human rights, including the right to life, the enjoyment
of the highest attainable standard of physical and mental health, and other
human rights affected by the illicit movement and dumping of toxic and dangerous
products, including the rights to clean water, food, adequate housing and
work.
1. Takes note of the report of the Special Rapporteur 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.4/2005/45 and Add.1).
2. Appreciates the efforts made by the Special Rapporteur in carrying
out his mandate with very limited resources for such a task.
3. Categorically condemns the illicit dumping of toxic and dangerous
products and wastes in developing countries.
4. Reaffirms that illicit traffic in and dumping of toxic and dangerous
products and wastes constitute a serious threat to human rights, including
the right to life, the enjoyment of the highest attainable standard of physical
and mental health and other human rights affected by the illicit movement
and dumping of toxic and dangerous products, including the rights to clean
water, food, adequate housing and work.
5. Urges all Governments to take appropriate legislative and other
measures, in line with their international obligations, to prevent the illegal
international trafficking in toxic and hazardous products and wastes, the
transfer of toxic and hazardous products and wastes through fraudulent waste-recycling
programmes, and the transfer of polluting industries, industrial activities
and technologies, which generate hazardous wastes, from developed to developing
countries.
6. Invites the United Nations Environment Programme, the secretariats
for the Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and Their Disposal and the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Pesticides in International Trade,
the Commission on Sustainable Development, the International Register of Potentially
Toxic Chemicals, the Food and Agriculture Organization of the United Nations,
the International Labour Organization, the World Health Organization and regional
organizations to continue to intensify their coordination and international
cooperation and technical assistance on environmentally sound management of
toxic chemicals and hazardous wastes, including the question of their transboundary
movement.
7. Requests the Governments of developed countries, together with
international financial institutions, to provide financial assistance to African
countries for the implementation of the Programme of Action adopted at the
First Continental Conference for Africa on the Environmentally Sound Management
of Unwanted Stocks of Hazardous Wastes and Their Prevention, held in Rabat,
from 8 to 12 January 2001.
8. Expresses its appreciation to the relevant United Nations bodies,
in particular the United Nations Environment Programme and the secretariat
for the Basel Convention, for the support extended to the Special Rapporteur
and urges them and the international community to continue to give him the
necessary support to enable him to discharge his mandate.
9. Urges the international community and the relevant United Nations
bodies, in particular the United Nations Environment Programme and the secretariat
for the Basel Convention, to continue to give appropriate support to developing
countries, upon their request, in their efforts to implement the provisions
of existing international and regional instruments controlling the transboundary
movement and dumping of toxic and dangerous products and wastes in order to
protect and promote human rights, including the right to life, the enjoyment
of the highest attainable standard of physical and mental health and other
human rights affected by the illicit movement and dumping of toxic and dangerous
products, including the rights to clean water, food, adequate housing and
work.
10. Urges all Governments to ban the export of toxic and dangerous
products, substances, chemicals, pesticides and persistent organic pollutants
that are banned or severely restricted in their own countries.
11. Calls upon countries that have not done so to consider ratifying
the Rotterdam Convention and the Stockholm Convention.
12. Urges States to strengthen the role of national environmental
protection agencies and non-governmental organizations, local communities
and associations, trade unions, workers and victims, and provide them with
the legal and financial means to take necessary action.
13. Urges human rights bodies to be more systematic in addressing
violations of rights associated with the practices of multinational companies,
toxic waste and other environmental problems.
14. Also urges the Special Rapporteur to continue to undertake, in
consultation with the relevant United Nations bodies, organizations and the
secretariats of relevant international conventions, a global, multidisciplinary
and comprehensive study of existing problems and new trends of, and solutions
to, illicit traffic in and dumping of toxic and dangerous products and wastes,
in particular in developing countries, with a view to making concrete recommendations
and proposals on adequate measures to control, reduce and eradicate these
phenomena.
15. Calls upon countries to facilitate the work of the Special Rapporteur
by providing information and inviting him to undertake country visits.
16. Invites the Special Rapporteur, in accordance with his mandate,
to include in his report to the Commission at its sixty-second session comprehensive
information on:
(a) Persons killed, maimed or otherwise injured in developing countries through
the illicit movement and dumping of toxic and dangerous products and wastes.
(b) The question of the impunity of the perpetrators of these heinous crimes,
including racially motivated discriminatory practices, and to recommend measures
to bring them to an end that take into account the role of both Governments
and private actors in ending impunity.
(c) Human rights standards applicable to transnational corporations and other
business enterprises that dump toxic and dangerous products and wastes.
(d) The question of rehabilitation of and assistance to victims.
(e) The scope of national legislation in relation to transboundary movement
and dumping of toxic and dangerous products and wastes.
(f) The question of fraudulent waste-recycling programmes, the transfer of
polluting industries, industrial activities and technologies from the developed
to developing countries and their new trends, including e-waste and dismantling
of ships, ambiguities in international instruments that allow illegal movement
and dumping of toxic and dangerous products and wastes, and any gaps in the
effectiveness of the international regulatory mechanisms.
17. Encourages the Special Rapporteur, in accordance with his mandate
and with the support and assistance of the Office of the United Nations High
Commissioner for Human Rights, to continue to provide Governments with an
appropriate opportunity to respond to allegations transmitted to him and reflected
in his report, and to have their observations reflected in his report to the
Commission.
18. Reiterates its call to the Secretary-General to continue to make
all necessary resources available for the Special Rapporteur to carry out
his mandate successfully and, in particular:
(a) To provide him with adequate financial and human resources, including
administrative support.
(b) To provide him with the necessary specialized expertise to enable him
carry out his mandate fully.
(c) To facilitate his consultations with specialized institutions and agencies,
in particular with the United Nations Environment Programme and the World
Health Organization, with a view to improving the provision by such institutions
and agencies of technical assistance to Governments which request it and appropriate
assistance to victims.
19. Urges transnational corporations and other business enterprises
involved in the transfer of toxic and dangerous products to adhere to local
and international health, environmental, labour and other standards in furtherance
of human rights and to promote technology transfers to developing countries
that can improve the management of toxic wastes and dangerous products and
prevent their adverse impacts on local communities.
20. Invites the Commission on Sustainable Development to invite the
Special Rapporteur to report to it at its next session on the impacts of dumping
of toxic and hazardous wastes on human rights as it relates to the work of
that Commission.
21. Decides to continue consideration of this question at its sixty-second
session, under the same agenda item.
GE.05-12010 (E) 110405
Sixty-first session
Agenda item 10
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Malaysia (on behalf of the States members of the Non-Aligned Movement
and China): draft resolution
2005/… Human rights and unilateral coercive measures
The Commission on Human Rights.
Recalling the purposes and the principles of the Charter
of the United Nations.
Recalling its resolution 2004/22 of 16 April 2004 and
taking note of General Assembly resolution 59/188 of 20 December 2004.
Stressing that unilateral coercive measures and legislation
are contrary to international law, international humanitarian law, the Charter
of the United Nations and the norms and principles governing peaceful relations
among States.
Recognizing the universal, indivisible, interdependent
and interrelated character of all human rights and, in this regard, reaffirming
the right to development as a universal and inalienable right and an integral
part of all human rights.
Expressing its concern about the negative impact of unilateral coercive measures
in the field of human rights, development, international relations, trade,
investment and cooperation.
Recalling that the World Conference on Human Rights,
held in Vienna from 14 to 25 June 1993, called upon States to refrain from
any unilateral measure not in accordance with international law and the Charter
of the United Nations that creates obstacles to trade relations among States
and impedes the full realization of all human rights, and also severely threatens
the freedom of trade.
Deeply concerned that, despite the resolutions adopted
on this issue by the General Assembly, the Commission and United Nations conferences
held in the 1990s and their five year reviews, and contrary to norms of international
law and the Charter of the United Nations, unilateral coercive measures continue
to be promulgated, implemented and enforced, inter alia through resorting
to war and militarism, with all their negative implications for the social
humanitarian activities and economic and social development of developing
countries, including their extraterritorial effects, thereby creating additional
obstacles to the full enjoyment of all human rights by peoples and individuals
under the jurisdiction of other States.
Reaffirming that unilateral coercive measures are
a major obstacle to the implementation of the Declaration on the Right to
Development.
Recalling article 1, paragraph 2, common to the International
Covenant on Civil and Political Rights and the International Covenant on Economic,
Social and Cultural Rights which provides, inter alia, that in no case may
a people be deprived of its own means of subsistence.
1. Urges all States to stop adopting or implementing unilateral coercive
measures not in accordance with international law, international humanitarian
law, the Charter of the United Nations and the norms and principles governing
peaceful relations among States, in particular those of a coercive nature
with extraterritorial effects, which create 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.
2. Strongly objects to the extraterritorial nature of those measures
which, in addition, threaten the sovereignty of States and, in this context,
calls upon all Member States neither to recognize these measures nor apply
them, as well as to take effective administrative or legislative measures,
as appropriate, to counteract the extraterritorial application or effects
of unilateral coercive measures.
3. Condemns the continued unilateral application and enforcement
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 these countries from exercising their right to decide, of their
own free will, their own political, economic and social systems.
4. Reiterates its call upon Member States that have initiated such
measures to abide by the principles of international law, the Charter of the
United Nations, the declarations of the United Nations and world conferences
and relevant resolutions and to commit themselves to their obligations and
responsibilities arising from the international human rights instruments to
which they are parties by putting an immediate end to such measures.
5. Reaffirms, in this context, the right of all peoples to self determination,
by virtue of which they freely determine their political status and freely
pursue their economic, social and cultural development.
6. Recalls that, according to the Declaration on Principles of International
Law concerning Friendly Relations and Cooperation among States in accordance
with the Charter of the United Nations, contained in the annex to General
Assembly resolution 2625 (XXV) of 24 October 1970, and according to the relevant
principles and provisions contained in the Charter of Economic Rights and
Duties of States proclaimed by the General Assembly in its resolution 3281
(XXIX) of 12 December 1974, in particular article 32, no State may use or
encourage the use of economic, political or any other type of measures to
coerce another State in order to obtain from it the subordination of the exercise
of its sovereign rights and to secure from it advantages of any kind.
7. Reaffirms that essential goods such as food and medicines should
not be used as tools for political coercion and that under no circumstances
should people be deprived of their own means of subsistence and development.
8. Underlines that unilateral coercive measures are one of the major
obstacles to the implementation of the Declaration on the Right to Development
and, in this regard, calls upon all States to avoid the unilateral imposition
of economic coercive measures and the extraterritorial application of domestic
laws which run counter to the principles of free trade and hamper the development
of developing countries, as recognized by the Intergovernmental Group of Experts
on the Right to Development in its report on its second session (E/CN.4/1998/29).
9. Rejects all attempts to introduce unilateral coercive measures,
as well as the increasing trend in this direction, including through the enactment
of laws with extraterritorial application which are not in conformity with
international law.
10. Recognizes that the Declaration of Principles adopted at the
first phase of the World Summit on the Information Society, held in Geneva
in December 2003, strongly urged States to avoid and refrain from any unilateral
measure in building the Information Society.
11. Invites once again all special rapporteurs and existing thematic
mechanisms of the Commission in the field of economic, social and cultural
rights to pay due attention, within the scope of their respective mandates,
to the negative impact and consequences of unilateral coercive measures.
12. Decides to give due consideration to the negative impact of unilateral
coercive measures in its task concerning the implementation of the right to
development.
13. Requests:
(a) The United Nations High Commissioner for Human Rights, in discharging
her functions in relation to the promotion and protection of human rights,
to pay due attention and give urgent consideration to the present resolution.
(b) The Secretary General to bring the present resolution
to the attention of all Member States and to seek their views and information
on the implications and negative effects of unilateral coercive measures on
their populations, and to submit a report thereon to the Commission on Human
Rights at its sixty-second session.
14. Decides to examine this question, on a priority basis, at its
sixty-second session under the same agenda item.
GE.05-11954 (E) 060405
“Question of detainees in the area of the United States Naval Base in
Guantánamo”
Friday 15 April 2005
From 15:00 to 18:00
Room XXIII
Take
1 14 April 2005
CUBA 61
CHR Item 3
Draft Resolution
"Question of detainees in the area of the United States Naval Base in Guantánamo”
The Commission on Human Rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms through international cooperation,
Aware that all persons are entitled to respect for their human rights as set forth in the Universal Declaration of Human Rights, and bearing in mind that several of these rights do not prescribe, and that their enjoyment cannot be restricted under any circumstances,
Recalling the duty of all States to respect and comply with their obligations under international instruments, including those relating to human rights, to which they are parties,
Recalling also General Comment 31 of the Human Rights Committee, adopted at its 2187 meeting on 29 March 2004,
Recalling the request made to the Government of the United States on 25 June 2004, by four thematic procedures mandate holders of the Commission, with the objective of visiting the persons detained on grounds of terrorism, including in Guantánamo Bay,
Taking into account the declaration made on 4 February 2005 by six special procedures mandate holders of the Commission, reaffirming their serious concern over the situation of detainees at the Naval Base in Guantánamo, despite some positive developments which have taken place on the issue for the last few months,
Taking into account also that a significant number of governments and parliaments from all over the world have expressed their concern in this regard, among them the European Parliament, that in its resolution on Guantánamo adopted on 28 October 2004, called on the United Sates administration to allow an impartial and independent investigation into allegations of torture and mistreatment for all persons deprived of their liberty in U.S. custody,
1. Requests the Government of the United States to authorize an impartial and independent investigation by the relevant special procedures of the Commission on Human Rights, on the situation of detainees at its Naval Base in Guantánamo;
2. Requests also the Government of the United States- for such purposes - to authorize the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, to the Special Rapporteur on Torture, to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, and to the Special Rapporteur on the independence of judges and lawyers, to visit the detention centers which have been established in that Base;
3. Requests the United Nations High Commissioner for Human Rights to prepare and submit to the 62nd Session of the Commission, a report on the situation of the detainees at the U.S. Base in Guantánamo, based on the results of the findings to be conducted therein by mandate holders of the afore-mentioned special procedures;
4. Decides to continue the consideration of this issue at its forth-coming session.
UNITED
NATIONS
Economic
and Social Council
Distr.
LIMITED
E/CN.4/2005/L.6
4 April 2005
Original: ENGLISH
COMMISSION
ON HUMAN RIGHTS
Sixty-first session
Agenda item 5
THE RIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS
APPLICATION TO PEOPLES UNDER COLONIAL OR ALIEN
DOMINATION OR FOREIGN OCCUPATION
Algeria, Bangladesh*, Burundi*, Cameroon*, Congo, Côte d’Ivoire*,
Cuba,
Democratic People’s Republic of Korea*, Democratic Republic of
the Congo*, Ecuador, Eritrea, Ethiopia, Guinea, Libyan Arab
Jamahiriya*, Qatar, Madagascar*, Mauritania, Russian Federation, Syrian Arab
Republic, Sudan, Swaziland, Togo, Tunisia*, Uganda*, United Republic of Tanzania*,
Viet Nam*, Zambia* and Zimbabwe: draft resolution
2005/… The use of mercenaries as a means of violating human
rights and
impeding
the expertise of the right of peoples to self-determination
The Commission on Human Rights
Recalling all of its relevant resolutions, in which, inter alia,
it condemned any State that permitted or tolerated the recruitment, financing,
training, assembly, transit and use of mercenaries with the objective of overthrowing
the Governments of States Members of the United Nations, especially those
of developing countries, or of fighting against national liberation movements,
and recalling also the relevant resolutions and international instruments
* In accordance with rule 69, paragraph 3, of the rules of procedure of the
functional commissions of the Economic and Social Council.
GE.05-11940 (E) 050405
adopted by the General Assembly, the Security Council, the Economic and Social
Council and the Organization of African Unity, inter alia the Convention of
the Organization of African Unity on the Elimination of Mercenarism in Africa,
as well as the African Union,
Reaffirming the purposes and principles enshrined in the Charter
of the United Nations concerning the strict observance of the principles of
sovereign equality, political independence, territorial integrity of States,
self-determination of peoples, the non-use of force or threat of use of force
in international relations and non-interference in affairs within the domestic
jurisdiction of States,
Reaffirming also that by virtue of the principle of self-determination,
all peoples have the right to determine freely their political status and
to pursue freely their economic, social and cultural development,
Reaffirming further the Declaration on Principles of International
Law concerning Friendly Relations and Cooperation among States in accordance
with the Charter of the United Nations,
Alarmed and concerned about the danger which the activities of mercenaries
constitute to peace and security in developing countries, particularly in
Africa and in small States,
Deeply concerned about the loss of life, the substantial damage to
property and the negative effects on the policy and economies of affected
countries resulting from mercenary international criminal activities,
Extremely alarmed and concerned about recent mercenary activities
in Africa and the threat they pose to the integrity and respect of the constitutional
order of these countries,
Convinced that, notwithstanding the way in which mercenaries or mercenary-related
activities are used or the form they take to acquire some semblance of legitimacy,
they are a threat to peace, security and the self-determination of peoples
and an obstacle to the enjoyment of human rights by peoples,
1. Takes note of the report of the Special Rapporteur
on the use of mercenaries as a means of impeding the exercise of the right
of peoples to self-determination, Ms. Shaista Shameem (E/CN.4/2005/14) commends
the Special Rapporteur for her valuable work in the fulfilment of her mandate;
2. Reaffirms that the use of mercenaries and their recruitment,
financing and training are causes for grave concern to all States and violate
the purposes and principles enshrined in the Charter of the United Nations;
3. Recognizes that armed conflicts, terrorism, arms trafficking
and covert operations by third Powers, inter alia, encourage the demand for
mercenaries on the global market;
4. Urges once again 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, are not used for the recruitment, assembly, financing, training
and transit of mercenaries for the planning of activities designed to impede
the right to self-determination, to overthrow the Government of any State,
or dismember or impair, totally or in part, the territorial integrity or political
unity of sovereign and independent States conducting themselves in compliance
with the right to self-determination of peoples;
5. Requests all States to exercise the utmost vigilance
against any kind of recruitment, training, hiring or financing of mercenaries
by private companies offering international military consultancy and security
services, as well as to impose a specific ban on such companies’ intervening
in armed conflicts or actions to destabilize constitutional regimes;
6. Calls upon all States that have not yet done so to
consider taking the necessary action to sign or ratify the International Convention
against the Recruitment, Use, Financing and Training of Mercenaries;
7. Welcomes the cooperation extended by those countries
that received a visit by the Special Rapporteur and the adoption by some States
of national legislation that restricts the recruitment, assembly, financing,
training and transit of mercenaries;
8. Invites States to investigate the possibility of mercenary
involvement whenever and wherever criminal acts of a terrorist nature occur;
9. Condemns recent mercenary activities in Africa
and the threat they pose to the integrity and respect of the constitutional
order of these countries and the exercise of the right to self-determination
of their peoples and commends the Governments of Africa on their collaboration
in thwarting these illegal actions;
10. Calls upon the international community, in accordance
with its obligations under international law, to cooperate with and assist
the judicial prosecution of those accused of mercenary activities, in transparent,
open and fair trials;
11. Decides to end the mandate of the Special Rapporteur
on the use of mercenaries as a means of impeding the exercise of the right
of peoples to self-determination and to establish a working group on the use
of mercenaries as a means of violating human rights and impeding the exercise
of the right of peoples to self-determination, made up of five independent
experts, one from each regional group, for a period of three years;
12. Requests the working group to meet for five working
days before the next session of the Commission in fulfilment of the following
mandate:
(a) To elaborate and present concrete proposals on possible new
standards, general guidelines or basic principles encouraging the further
protection of human rights, in particular the right of peoples to self-determination,
while facing current and emergent threats posed by mercenaries or mercenary-related
activities;
(b) To seek opinions and contributions from Governments and intergovernmental
and non-governmental organizations on questions relating to mandate;
(c) To monitor mercenaries and mercenary-related activities in all their
forms and manifestations in different parts of the world;
(d) To study and identify emerging issues, manifestations and
trends regarding mercenaries or mercenary-related activities and their impact
on human rights, particularly on the right of peoples to self-determination;
(e) To monitor and study the effects of the activities of private
companies offering military assistance, consultancy and security services
on the international market on the enjoyment of human rights, particularly
the right of peoples to self-determination, and to prepare draft international
basic principles that encourage respect for human rights on the part of those
companies in their activities;
13. Also requests the working group to continue the work
already done by the previous Special Rapporteurs on the strengthening of the
international legal framework for the prevention and sanction of the recruitment,
use, financing and training of mercenaries, taking into account the proposal
for a new legal definition of a mercenary drafted by Mr. Enrique Bernales
Ballesteros in paragraph 47 of his report to the Commission at its sixtieth
session (E/CN.4/2004/15);
14. Further requests the working group to report annually on the
progress made in the fulfilment of its mandate to the Commission and to the
General Assembly;
15. Expresses its appreciation to the United Nations
High Commissioner for Human Rights for convening the third meeting of experts
on traditional and new forms of mercenary activities as a means of violating
human rights and impeding the exercise of the right of peoples to self-determination,
and takes note of the report of the meeting (E/CN.4/2005/23);
16. Requests the Office of the High Commissioner, as a matter
of priority, to publicize the adverse effects of mercenary activities on the
right of peoples to self-determination and, when requested and where necessary,
to provide advisory services to States that are affected by these activities;
17. Requests the working group to take into account,
in the discharge of its mandate, that mercenary activities are continuing
to occur in many parts of the world and are taking on new forms, manifestations
and modalities, and in this regard requests its members to pay particular
attention to the impact of the activities of private companies offering military
assistance, consultancy and security services on the international market
on the enjoyment of human rights by everyone and every people and, in particular,
on the exercise of the right of peoples to self-determination;
18. Urges all States to cooperate fully with the working
group in the fulfilment of its mandate;
19. Requests the High Commissioner for Human Rights to
provide the working group with all the necessary assistance and support for
the fulfilment of its mandate, including through the promotion of cooperation
between the working group and other components of the United Nations system
that deal with countering mercenary-related activities;
20. Requests the working group to consult States and
intergovernmental and non governmental organizations in the implementation
of the present resolution and, in its report to the Commission at its sixty-second
session, to report its findings on the use of mercenaries to undermine the
enjoyment of human rights and to impede the exercise of the right of peoples
to self-determination and to formulate specific recommendations thereon;
21. Decides to consider at its sixty-second session the
question of the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination under
the same agenda item;
22. Recommends the following draft decision to the Economic
and Social Council for adoption:
“The Economic and Social Council, taking note of Commission on Human
Rights resolution 2005/… of … April 2005, endorses the Commission’s
decision to establish a working group on the use of mercenaries as a means
of impeding the exercise of the right of peoples to self-determination, to
be composed of five independent experts, one from each regional group, to
meet intersessionally for a period of three years, with the following mandate:
“(a) To elaborate and present concrete proposals on possible
new standards, general guidelines or basic principles encouraging the further
protection of human rights, in particular the right of peoples to self-determination,
while facing current and emergent threats posed by mercenaries or mercenary-related
activities;
“(b) To seek opinions and contributions from Governments,
intergovernmental and non governmental organizations on questions relating
to its mandate;
“(c) To monitor mercenaries and mercenary-related activities
in all their forms and manifestations in different parts of the world;
“(d) To study and identify emerging issues, manifestations
and trends regarding mercenaries or mercenary-related activities and their
impact on human rights, particularly on the right of peoples to self-determination;
“(e) To monitor and study the effects of the activities
of private companies offering military assistance, consultancy and security
services on the international market on the enjoyment of human rights, particularly
the right of peoples to self-determination, and to prepare draft international
basic principles that encourage respect for human rights on the part of those
companies in their activities;
The Council also endorses the request to the working group to
report annually to the Commission and the General Assembly.”