YEARBOOK ON . HUMAN RIGHTS .FOR 1980
UNI:rED NATIONS New York, 1988 NOTE
The designations employed and the presentation of the material in this publica tion do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, ter ritory, city or area, or of its authorities, or concerning the delimitation of its fron tiers or boundaries.
UNITED NATIONS PUBLICATION
Sales No. E.85.XIV.8 ISBN 92-1-154055-0 ISSN 025}-6519 04500P CONTENTS
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INTRODUCTION " .. .. • xxi
.Part I NATIONAL DEVELOPMENTS
SECTION A. STATES
ARGENTINA A. Condemnation ofracial segregation and apartheid...... 3 B. Promotion of understanding, tolerance and friendship among all nations,racial and ethnic groups : ;...... 3
AUSTRALIA Introduction: general legal framework...... 5 A. Elimination of racial discrimination: development and protection of certain racial groups or-individuals belonging to them 6 B. Right to life...... 6 C.- Protection against cruel, inhuman or degrading treatment 7 D. Prohibition ofincitement to discrimination, hostility or violence 8 E. Equal protection ofthe law...... 8 F.' Rights of persons convicted ofserious criminal offences...... 9 G. Right to an effective remedy...... 9 H. Right ofeveryone charged with a penal offence to all the guarantees necessary for his defence .. ::...... 10 I. Protection·against arbitrary interference with privacy...... 11 J. Freedom ofopinion and expression...... 12 K. Political rights : _ 12 L. Right to education 13 M. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 14 N. Right to take part in cultural life '".. . 15 O. Right to a social and international ot:der in which human rights can be realized ;...... 16
AUSTRIA Guarantees as to extradition · 17
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BELGIUM A. Freedom of movement and residence; right ofasylum...... 18 B. Freedom of opinion and information; freedom of peaceful assembly and association 19 C. Political rights...... 20
BoLIVIA Elimination of racial discrimination: development and protection of cer- tain racial groups or individuals belonging to them 21
BULGARIA A. Condemnation of racial segregation and apartheid...... 22 B. Right to an effective remedy...... 22 C. Protection ofthe family, motherhood and childhood 23 D. Right to health...... 23 E. Promotion of' understanding, tolerance and friendship among all nations, racial and ethnic groups...... 23 F. Right to take part in the cultural life ofthe community...... 24
BURUNDI A. Condemnation of racial segregation and apartheid ,...... 25 B. Equitable judicial system...... 25 C. Right to marry; protection ofthe family...... 26 D. Economic, social and cultural rights 27
BYELORUSSIAN SOVIET SoCIALlST'REpUBLlC ' A. Equality before the law...... 28 B. Protection of the family, motherhood and childhood 28 C. Politicafrights...... 28 D. Economic, social and cultural rights 29 E. Right to an adequate standard of living...... 29 F. Right to take part in the cultural life of the community and to enjoy the benefits ofscientific progress...... 30
CANADA A. Condemnation ofracial segregation and apartheid.....·...... 31 B. Elimination of discrimination on grounds of sex...... 31 C. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 32 D. Right to liberty and security of person; right not to be subjected to ar- bitrary arrest or detention...... 34
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E. Prohibition of torture and cruel, inhuman or degrading punishment; treatment of offenders...... 35 F. Prohibition of incitement to racial discrimination...... 35 G. Right to equal protection of the law...... 35 H. Right to an effective remedy...... 36 1. Right to a public trial _...... 36 J. Presumption of innocence; non-retroactivity of criminal law 37 K. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 38
CAPE VERDE Political rights ~...... 40
CHILE Introduction: general legal framework.. 41 A. Right to life, liberty and security of person...... 42 B. Equality before the law.. 42 C. Right to an effective remedy...... 43 D. Civil and political rights...... 44 E. Economic, socialand cultural rights...... 44
CoSTA RiCA A. Elimination ofracial discrimination...... 45 B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 45 C. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups ;.... 46
CuBA A. Right to work...... 47 B. Right to education...... 48 C. Right to a social and international order in which human rights can be realized...... 49
CYPRUS A. Right to security of person...... 50 B. Right to an effective remedy; right to a prompt trial...... 50 C. Right to social security...... 51 D. Cultural rights 51 E. Rigi,t to rest and leisure...... 52 F. Right to an adequate standard ofliving 52
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G. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 53 H. Right to a social and international order in which human rights can be realized...... 53
CzECHOSLOVAKIA A. -Protection ofthe family, motherhood and childhood 54 B. Right to education...... 54 C. Protection ofthe interests of authors; freedom ofscientific research... 54
DEMOCRATIC PEOPLE'S REpUBLIC OF KOREA Right to health 56
DEMOCRATIC YEMEN Equality before the law...... 57
DENMARK A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 58 B. Prohibition ofincitement to racial discrimination 58 C. Protection ofthe family, motherhood and childhood 59 D. Right to an adequate standard ofliving (right to health) 59
EGYPT Condemnation ofracial segregation and apartheid...... 60
EL SALVADOR A. Realization of economic rights...... 61 B. Limitations on rights. States ofemergency...... 61 C. Prevention ofterrorism...... 62
ETHIOPIA A. Elimination of all forms ofracial discrimination...... 63 B. Political rights...... 63 C. Right to education...... 64
FIJI Condemnation of racial segregation and apartheid 65
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FINLAND Elimination of racial discrimination: development and protection of cer- tain racial groups or individuals belonging to them 66
FRANCE A. Prohibition of incitement to racial discrimination...... 67 B. Right to a social and international order in which human rights can be realized "... . 67 C. Limitations on rights. States of emergency...... 68
GAMBIA Protection of human rights and freedoms...... 69
GERMAND DEMOCRATIC REpUBLIC A. Protection ofminorities 70 B. Equality before the law...... 70 C. Right to protection of the law...... 71 D. Freedom of peaceful assembly...... 71 E. Right to education...... 72 F. Right to take part in cultural life and to enjoy the benefits of scientific progress and the protection of the interests ofauthors...... 72
GERMANY, FEDERAL REpUBLIC OF A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 73 B. Principle of equal treatment...... 73 C. Right to an effective remedy...... 74 D. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 75
GHANA A. Condemnation of racial segregation and apartheid...... 77 B. Right to an effective remedy...... 77
GREECE Condemnation ofracial segregation and apartheid...... 78
GUINEA Elimination of discrimination based on sex; right to a social and inter- national order in which human rights can be realized...... 79
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GUYANA A. Protection of fundamental human rights; judicial and administrative guarantees of due process , '.' 80 B. Right to education...... 80
HOLY SEE Promotion ofunderstanding, tolerance and friendship among all nations, racial and ethniC groups ~: :.: . 82
HUNGARY Right to take part in cultural life and to enjoy the benefits of scientific progress and the protection ofthe interests ofauthors...... 85
icELAND A. Right to an effective remedy· , ; ~...... 86 B. Promotion of understanding, tolerance and friendship among -all. nations, racial and ethnic groups-: :...... 86
INDIA A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 87 B. Right to-life, liberty.and security of person...... 87 C. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 88
IRAQ A. Prevention of discrimination; equal treatment before the law...... 90 B. Protection of the family, motherhood and childhood 90 C. Political rights...... 90 D. Right to social security ~ .: ; ~ ...... 91 E. Right to an adequate standard ofliving 92
IsRAEL A. Prohibition of discrimination or incitement to it 93 B. Right to an effective remedy...... 93 C. Protection against arbitrary interference with privacy...... 94 D. Right to a nationality ·;...... 94 E. Freedom ofpeaceful aSsembly ~...... 94
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ITALY A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 96 B. Protection ofthe family, motherhood and childhood 96 C. Trade union rights...... 97 D. Right to an adequate standard ofliving...... 98 E. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups ;...... 99
IVORY COAST A. Elimination ofracial discrimination...... 100 B. Promotion of understanding, tolerance and friendship among all· nations, racial and ethnic groups...... 100
JAPAN A. Elimination of discrimination based on sex...... 102 B. Prohibition of torture or cruel, inhuman or degrading treatment or punishment...... 102
JORDAN A. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 103 B. Right to a social and international order in which human rights can be realized...... 103
LEBANON Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 104
LIBYAN ARAB JAMAHIRIYA Right to an adequate standard ofliving(right to health) 105
LUXEMBOURG A. Prohibition of racial discrimination or incitement to it: development and protection of certain racial groups or individuals belonging to them : :...... 106 B. Promotion of understanding, tolerance and friendship among all na- tions, racial and ethnic groups 107
MADAGASCAR Right to work; right to just and favourable conditions of work...... 108
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MAURITIUS Right to work...... 109
MEXICO A. Condemnation of racial segregation and apartheid; right to a social and international order in which human rights can be realized...... 110 B. Right to education 110 C. Right to take part in cultural life 110
NEPAL Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 111
NETHERLANDS A. Prohibition of discrimination or incitement to it...... 112 B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them 112 C. Prohibition of torture and cruel, inhuman or degrading treatment or punishment...... 113 D. Principle ofequal treatment 114
NEW ZEALAND A. Condemnation of racial segregation and apartheid...... 115 B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them 115 C. Treatment of offenders 116 D. Right not to be subjected to arbitrary arrest or detention 116 E. Protection against arbitrary interference with privacy...... 116 F. Freedom of movement and residence...... 117 G. Marriage law; protection of the family...... 117 H. Freedom of opinion and expression...... 119
NICARAGUA Introduction: general legal framework...... 120 A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them 121 B. Right to an effective remedy...... 122 C. Administration ofjustice...... 123 D. Political rights...... 123 E. Right to an adequate standard ofliving...... 124 F. Right to education 124
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G. Right to a social and international order in which human rights can be realized...... 124 H. Limitations on the exercise of rights and freedoms. States of emerg- ency 125
NORWAY A. Protection of fundamental rights and freedoms...... 126 B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them 126 C. Equality of rights...... 127
PAKISTAN Elimination of racial discrimination: development and protection of cer- tain racial groups or individuals belonging to them 128
PANAMA Protection ofthe family, motherhood and childhood...... 129
PERU A. Right to life, liberty and security ofperson...... 130 B. Political rights...... 130
PHILIPPINES A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them...... 131 B. Right to a social and international order in which human rights can be realized...... 131
POLAND A. Right to an effective remedy...... 132 B. Right to education 132 C. Right to enjoy the benefits ofscientific progress and its applications... 132
PORTUGAL A. Prohibition ofslavery and forced labour 133 B. Prohibition of torture and cruel, inhuman or degrading treatment or punishment...... 134 C. Right to an effective remedy...... 134 D. Limitations on the exercise of rights and freedoms. States of emerg- ency 134 E. Protection ofrights and freedoms...... 135
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QATAR A. Elimination ofracial discrimination; principle of equal treatment...... 136 B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 136
REpUBLIC OF KOREA Introduction: general legal framework...... 137 A. Elimination ofracial discrimination...... 137 B. Right to life, liberty and security of person; prohibition of torture or cruel, inhuman or degrading treatment or punishment...... 138 C. Prohibition of discrimination or incitement to it...... 138 D. Equality before the law; right to a fair trial; presumption ofinnocence 138 E. Protection against arbitrary interference with privacy...... 139 F. Freedom of movement and residence ,...... 139 G. Right to a nationality...... 139 H. Rights relating to marriage and the family...... 140 I. Right to own property...... 140 J. Freedom ofthought, conscience and religion...... 140 K. Freedom of opinion and expression 141 L. Freedom of peaceful assembly and association 141 M. Political rights ; ;...... 141 N. Realization of economic, social and cultural rights...... 142 O. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 142 P. Limitations on the exercise of rights and freedoms 142
ROMANIA Right to enjoy the benefits ofscientific progress 144
RWANDA Introduction: general legal framework... 145 A. Condemnation of racial segregation and apartheid...... 145 B. Right to an effective remedy.. 145 C. Political rights 146
SEYCHELLES A. Protection ofthe family, motherhood and childhood 147 B. Right to social security; right to work 147 C. Right to an adequate standard of living 148 D. Right to education 148
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SPAIN A. Elimination ofracial discrimination; equality of rights 149 B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them 149 C. Prohibition of incitement to racial discrimination...... 150 D. Freedom of thought, conscience and religion...... 150 E. Political rights ;...... 150 F. Right to work; trade union fteedoms 151
SRI LANKA Prohibition of torture and cruel, inhuman or degrading treatment or punishment 152
SUDAN Elimination of racial discrimination: development and protection of cer- tain racial groups or individuals belonging to them 153
SWEDEN A. Condemnation of racial segregation and apartheid...... 154 B. Elimination of racial discrimination; equal treatment before the law... 154 C. Right to an effective remedy...... 155 D. Freedom of movement and residence...... 155 E. Right ofasylum...... 155 F. Right to a nationality...... 156 G. Protection of the family, motherhood and childhood 156 H. Right to education 156
SYRIAN ARAB REpUBLIC Right to own property; right to the realization of economic rights...... 157
TRINIDAD AND TOBAGO A. Condemnation of racial segregation and apartheid...... 158 B. Right to education; promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 158
UGANDA Condemnation ofracial segregation and apartheid...... 159
UKRAINIAN SOVIET SOCIALIST REpUBLIC A. Right to an effective remedy...... 160 B. Political rights 160
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C. Right to education 161 D. Right to fake part in cultural life 162
UNION OF SoVIET SOCIALIST REpUBLICS Introduction: general legal framework...... 163 A. Condemnation of racial segregation and apartheid...... 163 B. Elimination of racial discrimination; principle of equal treatment; development and protection of certain racial groups or individuals belonging to them " ,...... 163 C. Right to an effective remedy...... 164 D. Right to a fair trial; right of everyone charged with a penal offence to all the guarantees necessary for his defence...... 165 E. Protection of the family, motherhood and childhood 166 F. Right to participate in government...... 166
UNITED ARAB EMIRATES A. Condemnation ofracial segregation and apartheid...... 167 B. Elimination of racial discrimination; principle of equal treatment...... 167 C. Right to work and leisure...... 167
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND A. Freedom ofmovement and residence...... 170 B. Right to work 170 C. Right to an adequate standard ofliving (right to health) 171 D. Right to education 171 E. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups...... 172 F. Right to take part in cultural life 172
UNITED REpUBLIC OF TANZANIA General legal framework 174
URUGUAY Treatment ofoffenders: conditional and early release...... 175
VENEZUELA A. Non-discrimination; equal rights for men and women...... 176 B. Elimination of racial discrimination: development and protection of certai~ racial groups or individu.als belonging to them...... 177 C. Treatment ofyoung offenders...... 177 D. Freedom of movement and residence...... 179
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E. Protection ofchildren...... 179 F. Right to education 180
VIET NAM A. Elimination of racial discrimination...... 181 B. Equality before the law...... 181
YUGOSLAVIA A. Protection of the family, motherhood and childhood 182 B. Right to an adequate standard ofliving...... 182
SECTION B. TRUST AND NON·SELF·GOVERNING TERRITORies
A. Territories that attained independence 184 1. New Hebrides (Vanuatu)...... 184 2. Southern Rhodesia (Zimbabwe)...... 184 B. Trust Territories...... 185 Trust Territory ofthe Pacific Islands...... 185 C. Non-Self-Governing Territories...... 186 1. American Samoa...... 186 2. Antigua and St. Kitts-Nevis-Anguilla 186 3. Belize...... 187 4. Bermuda...... 187 5. British Virgin Islands 188 6. Cayman Islands...... 188 7. Cocos (Keeling) Islands 188 8. East Timor 189 9. Falkland Islands (Malvinas)...... 189 10. Gibraltar...... 190 11. Guam 191 12. Montserrat...... 191 13. Namibia 192 14. Pitcairn...... 193 15. Saint Helena 193 16. Tokelau...... 194 17. Turks and Caicos Islands...... 194 18. United States Virgin Islands :...... 195 19. Western Sahara 196
xv Part 11
ACTIVITIES OF THE SUPERVISORY BODIES
SECTION A. PRACTICE OF THE SUPERVISORY BODIES Page A. Committee on the Elimination of Racial Discrimination...... 199 Introduction 199 1. Consideration of reports, comments and information submitted by States parties under article 9 of the Convention...... 200 (a) Consideration ofreports 200 (b) Revision of the general guidelines of the Committee concerning the form and contents of reports submitted by States parties under ar- ticle 9, paragraph 1, of the Convention 201 2. Consideration of petitions, reports and other infor'mation relating to Trust and Non-Self-Governing Territories and to all other Territories to which General Assembly resolution 1514 (XV) applies, in conformity with article 15 of the Convention...... 202 3. Decade for Action to Combat Racism and Racial Discrimination...... 203 B. Human Rights Committee...... 203 Introduction '...... 203 1. Reports of States parties under article 40 of the Covenant...... 204 (a) Consideration ofreports 204 (b) Question ofthe reports and general comments ofthe Committee 204 2. Consideration of communications under the Optional Protocol...... 205 C. Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights...... 208 1. Organizational matters 208 2. Consideration of the reports submitted by States parties concerning rights covered by articles 6 to 9 of the Covenant, in accordance with Council resolution 1988 (LX)...... 208 3. Exchange of views on organizational matters relating to the Sessional Working Group ; 209 D. Group of Three Established under the Convention on the Suppression and Punishment of the Crime ofApartheid...... 210 1. Organization ofthe session :..... 210 2. Consideration of reports submitted by States parties under article VII ofthe Convention ' 210
SECTION B. RELEVANT DECISIONS, GENERAL RECOMMENDATIONS, COMMENTS AND OBSERVATIONS OF THE SUPERVISORY BODIES,
A. Committee on the Elimination of Racial Discrimination 212 1. Consideration of petitions, reports and other information relating to Trust and Non-Self-Governing Territories and to all other Territories to
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which General Assembly resolution 1514 (XV) applies, in conformity with article 15 of the Convention 212 2. Resolution adopted by the Committee at its twenty-first session 216 B. Human Rights Committee 216 1. Statement on the duties of the Human Rights Committee under article 40 ofthe Covenant...... 216 2. Views of the Human Rights Committee under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights 218 C. Group of Three Established under the Convention on the Suppression and Punishment of the Crime ofApartheid...... 219 Conclusions and recommendations of the third (1980) session of the Group ofThree...... 219 D. Relevant decisions and resolutions ofparent bodies...... 220 1. Commission on Human Rights...... 220 2. Economic and Social Council...... 224 3. General Assembly...... 226
Part III
INTERNATIONAL DEVELOPMENTS
SECTION A. UNITED NATIONS ORGANS
Introduction...... 235 A. Elimination of racial discrimination: Decade for Action to Combat Racism and Racial Discrimination...... 235 B. Measures against ideologies and practices based on racial discrimination, hatred and terror 237 C. Elimination of all forms of religious intolerance...... 237 D. Studies relating to prevention of discrimination and protection of minorities . 1. The individual's duties to the community and the limitations of human rights and freedoms under article 29 of the Universal Declaration of Human Rights...... 238 2. Status of the individual in contemporary international human rights law 238 3. Discrimination against indigenous populations 238 E. Question of the violation ofhuman rights...... 239 1. Study of situations which reveal a consistent pattern of gross violations of human rights 239
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2. Violations of human rights in southern Africa: Reports of the Ad Hoc Working Group of Experts of the CommissioR on Human Rights with respect to southern Africa.... 240 3. Question of the violation of human rights in the occupied Arab ter- ritories, including Palestine 241 4. Question of human rights in Chile...... 243 5. Other matters relating to violations of human rights...... 243 Afghanistan...... 243 Bolivia...... 244 Democratic Kampuchea 244 El Salvador '...... 244 Equatorial Guinea...... 245 Guatemala...... 245 Islamic Republic ofIran...... 245 Malawi 245 Western Sahara...... 246 Mass exoduses...... 246 Human Rights of United Nations staff...... 246 F. Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to colonial and racist regimes in southern Africa 246 G. The right of peoples to self-determination...... 247 H. Question of the human rights of persons subjected to any form of deten- tion or imprisonment...... 248 1. Torture and other cruel, inhuman or degrading treatment or punishment... 250 J. Draft code ofmedical ethics...... 250 K. Disappeared persons 250 L. Slavery and the slave-trade...... 251 M. Exploitation ofchild labour 252 N. International legal protection of the human rights of individuals who are not citizens ofthe country in which they live...... 252 O. Question of a Convention on the rights ofthe child...... 253 P. International Year of Disabled Persons...... 253 Q. Policies and programmes relating to youth...... 253 R. Human rights ofmigrant workers :...... 253 S. Right to education :...... 254 T. Human rights and scientific and technological developments...... 254 U. The New International Economic Order and the protection of human rights...... 255 V. Further promotion and encouragement of human rights and fundamental freedoms 256 1. Programme and methods of work of the Commission and its Sub- Commission...... 256 2. Fact-finding missions...... 257 3. Creation of a post of High Commissioner for Human Rights ....:...... 257
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4. Public information activities in the field of human rights...... 257- 5. Regional human rights arrangements...... 257 6. Individualization of prosecution and penalties...... 258 W. Conscientious objection to military service...... 258 X. Advisory services in the field of human rights 258
SECTION B. SPECIALIZED AGENCIES
A. United Nations Educational, Scientific and Cultural Organization...... 260 1. Participation in meetings...... 260 2. Examinatic:l of cases and questions concerning the exercise of human rights cornil'g within UNESCO's competenge 261 3. Resolutions and decisions...... 261 B. _World Health Organization...... 261
ANNEX
Text of revised guidelines concerning the form and contents of reports by States parties under article 9, paragraph 1, of the International Conven- tion on the Elimination ofAll Forms of Racial Discrimination...... 265
xix INTRODUCTION
The Yearbook on Human Rights for 1980 has been prepared on the same basis as that for 1979, according to the directives laid down by the Economic and Social Council in its resolution 1979/37 of 10 May 1979, and in conformity with the 'Guidelines for the contents and format of the Yearbook on Human Rights" an nexed to Council resolution 1979/37. Part I concerns national developments; part 11 relates to activities of the supervisory bodies; part III concerns international developments in the field of human rights. An annex is included at the end of the present volume. Part I contains two sections: . Section A consists of a selection of material reflecting legislative, ad ministrative, judicial and other national measures and court decisions, taken from government reports submitted under the international human rights instruments, and contributions submitted by States intended specifically for the Yearbook and covering the year 1980. Extracts from reports made by the following States under relevant international instruments in the field of human rights were reflected in the present Yearbook: Argentina; Australia; Belgium; Bolivia; Bulgaria; Burundi; Byelorussian Soviet Socialist Republic; Canada; Cape Verde; Chile; Costa Rica; Cuba; Cyprus; Czechoslovakia; Democratic People's Republic of Korea; Democratic Yemen; Den mark; Egypt; El Salvador; Ethiopia; Fiji; Finland; France; German Democratic Republic; Germany, Federal Republic of; Ghana; Greece; Guinea; Guyana; Holy See; Hungary; Iceland; India; Iraq; Israel; Italy; Japan; Jordan; Lebanon; Luxem bourg; Madagascar; Mauritius; Mexico; Nepal; Netherlands; New Zealand; Nicaragua; Norway; Panama; Peru; Philippines; Poland; Portugal; Qatar; Republic of Korea; Romania; Rwanda; Seychelles; Spain; Sri Lanka; Sudan; Sweden; Syrian Arab Republic; Trinidad and Tobago; Uganda; Ukrainian Soviet Socialist Republic; Union of Soviet Socialist Republics; United Arab Emirates; United Kingdom of Great Britain and Northern Ireland; United Republic of Tanzania; Uruguay; Venezuela; Viet Nam; Yugoslavia. The following States specifically contributed to the present Yearbook: Austria; Byelorussian Soviet Socialist Republic; Cuba; Cyprus; Gambia; Iraq; Libyan Arab Jamahiriya; Pakistan; Philippines; Union of Soviet Socialist Republics. The material has been arranged under country headings with subject subheadings related to the pertinent articles of the Universal Declaration of Human Rights as well as to relevant articles of the international instruments under which the State reports used as source of information have been submitted. Section B contains information relating to the exercise, in certain Trust and Non-Self-Governing Territories, of the right to self-determination. It gives a brief
xxi xxii Introduction account of developments in territories that attained independence in 1980, as well as in Trust and Non-Self-Governing Territories. Information contained in this section is mainly based on the Report of the Special Committee on the Situation with Regard to the Implementation of the Declaration on the Granting of Independence to Col onial Countries and Peoples* and on working papers prepared by the Secretariat containing information on developments concerning the Territories. Part 11 consists of two sections: Section A reflects the practice of the supervisory bodies concerning the ex amination of government reports and other tasks entrusted to these bodies under the relevant international instruments. It consists of extracts of the following reports of the supervisory bodies to the respective parent organs: Report of the Committee on the Elimination of Racial Discrimination, Official Records of the General Assembly: Thirty-Fifth Session, Supplement No. 18 (A/35/18); Report of the Human Rights Committee, Official Records of the General Assembly: Thirty-fifth Session, Supplement No. 40 (A/35/40); Report of the Human Rights Committee, Official Records of the General Assembly: Thirty-sixth Session, Supplement No. 40 (A/36/40); Report of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights (E/1980/60); Report of the Group of Three Established under the Convention on the Suppression and Punishment of the Crime of Apartheid (E/CNA/1358). Section B includes relevant decisions, general recommendations, general com ments and observations made by the above-mentioned supervisory bodies in connec tion with their examination of reports submitted and other tasks entrusted to them under the international instruments. Relevant decisions and resolutions ofthe parent bodies, namely, the General Assembly, the Economic and Social Council, and the Commission on Human Rights, have also been included in this section. Part III contains a brief account of activities in the field of human rights in the United Nations system, and reflects major developments on questions of human rights in relevant United Nations organs and specialized agencies. The text of revised general guidelines concerning the form and contents of reports by States parties under article 9, paragraph 1, of the International Conven tion on the Elimination of All Forms of Racial Discrimination, adopted by the Com mittee on the Elimination of Racial Discrimination has been included as an annex to the present Yearbook.
* Official Records of the General Assembly, Thirty-sixth Session, Supplement No. 23 (A/36/23/Rev.l). PART I NATIONAL DEVELOPMENTS ·Section A. States
ARGENTINA'
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms of Racial Discrimination)'
Visas were refused to players and representatives of the South African Rugby Association for a tour against the Argentine national team and to Dale Hayes and Gary Player, of South Africa, to play in the Argentine Open Golf Tournament in 1980. No Argentine player can represent his country in South Africa. The Office of the Under-Secretary of Recreation and Sport of the Ministry of Social Development is responsible for ensuring that all bodies and persons connected with sport in Argen tina are fully informed of United Nations resolutions on apartheid in sport, in order to enable the bodies concerned to take into account the position adopted by Argen tina in international forums when they plan their activities.
B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the lnternational Convention on the Elimination of All Forms ofRacial Discrimination)2
The Argentine Republic has 34 Associated Schools collaborating in UNESCO's Project in Education for International Understanding. The last visit by the project evaluators took place in 1980. In June of that year a Latin American regional meeting was held in order to consider the possibility of setting up a regional network of associated schools. Argentina has made use of two international fellowships for teachers working on the above project and has been host to three fellows (two Europeans and one Latin American).
I Report submitted by State (CERD/C/911Add.S).
2 Ibid. (CERD/C/911Add.S).
3 4 Part I. National Developments
The Ministry of Culture and Education had reported that the Argentine National Commission for Co-operation with UNESCO has pursued a continuous in formation campaign with regard to the principles laid down in the Recommendation concerninga education for international understanding, co-operation and peace and education relating to human rights and fundamental freedoms (1974), one of the most important features of which is the incorporation in educational curricula and textbooks, at all levels, of material which accords with the Recommendation. The Seventh Extraordinary Meeting of the Federal Council of Education, which represents the Ministers of all the Argentine provinces, adopted a minimum set of material for the basic cycle of education; this includes activities which reflect the commemorative events established by the United Nations. The consideration and discussion of happenings in the contemporary world is thus being introduced into the classroom. In secondary education, questions of international understanding and peace come under the subject of "moral and civic training". AUSTRALIA
Introduction: general legal framework'
Australia ratified the International Covenant on Civil and Political Rights on 13 August 1980. To provide some protection for human rights in the Commonwealth sphere un til the Human Rights Commission can begin operations, a Human Rights Bureau has been established. The Bureau was established by a Directive signed by the Australian Attorney-General, Senator Peter Durack, on 5 August 1980 and operates from within his Department. The objectives of the Bureau, as set out in the Attorney General's Directive are: " ... to assist the Government in the implementation of its policy on human rights and in particular to assist it in monitoring the observance by the Com monwealth and its authorities of the provisions of the International Covenant on Civil and Political Rights."
Discrimination in Employment One noteworthy recent development in the state sphere was the amendment of the New South Wales Anti-Discrimination Act in 1980 to place a requirement on all State Government departments and statutory authorities listed in the Public Service Act, to prepare and implement management plans to achieve equal opportunity. The management plans are required to include action which aims to "eliminate and enc sure the absence of discrimination in employment on the grounds of race, sex and marital status" as well as action "to promote equal employment opportunity for women and members of racial minorities". The New South Wales Government has also enacted the Public Service (Amend ment) Act, 1980, to provide that a person is eligible for permanent employment in the New South Wales Public Service if he is an Australian citizen or "a person resi dent in Australia,whose continued presence in Australia is not subject to any limita tion as to time imposed by or in accordance with law".
1 Reports submitted by State (CERD/C/63/Add.3 and CERD/C/88/Add.3). 6 Part I. National Developments
A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2, 22 and 27 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In 1979/1980, for the first time, the Commonwealth Government designated a substantial portion of the Commonwealth general welfare of housing grants to State housing authorities specifically for the construction or purchase of houses for Aboriginals. This was in addition to the Commonwealth Department's housing pro grammes and enabled the construction or purchase of a further 600 houses for rental to Aboriginals. The health status of Aboriginals and the effectiveness of health services pro vided to them have been the subject of three major reports. The Commonwealth Parliament House of Representatives Standing Committee on Aboriginal Affairs reported to. Parliament in March 1979. The Royal Australian College of Ophthalmologists reported in April 1980 on the National Trachoma and Eye Health Program (the Australian Government has contributed over $A 2 million to this pro ject). A Program Effectiveness Review of Aboriginal Health Programs undertaken by government officials was completed in March 1980. Although responsibility for the provision of health and medical services for the whole Australian community rests with the State and Northern Territory Govern ments, the Commonwealth Government, in keeping with its joint responsibilities in respect of Aboriginals, provides substantial financial support for special Aboriginal health programmes. From 1978/1979 to 1980/1981 the Australian Government pro vided a total of $A 19.86 million through the Department of Aboriginal Affairs to State health authorities and non-Government organizations to assist them to provide health services.in remote areas, to help Aboriginals to use general community facilities, to adapt programmes where necessary to make them culturally ap propriate, to promote and upgrade the health of individuals and families in need (particularly mothers and children) and to develop appropriate health education pro grammes for Aboriginals. The Australian Government is providing increased resources to fund community-based medical services managed and run by Aboriginals organizations.
B. Right to life (article 3 of the Universal Declaration; article 6 of the International Covenant on Civil and Political Rights)'
The inherent right to life is protected by both civil and criminal law throughout Australia. Generally the only sentence that can be imposed in relation to murder is one of life imprisonment. A person serving a life sentence may be released from im prisonment on licence (or, in some jurisdictions, on parole); the practice is, however, not to consider persons serving a life sentence for release until a minimum of 7 to 10
, Ibid. (CERD/C/63/Add.3).
3 Ibid. (CCPR/C/I4/Add.I). Australia 7 years of the sentence has been served. In Western Australia, when a death sentence is commuted to life imprisonment, parole is considered after five years of the sentence has been served. If the death sentence is commuted to strict-security life imprison ment, the sentence is reviewed after 20 years (Acts Amendment (Strict Security Life Imprisonment) Act 1980 (No. 96 of 1980».
c. Protection against cruel, inhuman or degrading treatment (article 5 of the Universal Declaration; article 10 of the International Covenant on Civil and Political Rights)'
Australian jurisdictions accept the principles and objectives set out in article 10 of the International Covenant on Civil and Political Rights. It is noted that changing views about the best method of punishing criminal offences, and the difficulty, in cluding in terms of cost, of achieving the segregation arrangements envisaged in a country which in many areas is sparsely populated, mean that, in some particular respects, law or practice may not be fully consistent with the detailed provisions of the article. For these reasons, Australia referred specifically to this article in its in strument of ratification. In all jurisdictions, accused persons awaiting trial are as far as practicable kept separate from convicted prisoners, for example in remand centres. Australia recognises the desirability of segregating accused from convicted persons; excep tions, however, occur in the extensive sparsely settled regions of the country, where the cost of separately housing prisoners and persons on remand would not be justified in current circumstances. Australia therefore included the following state ment in its instrument of ratification: "the principle of segregation is accepted as an objective to be achieved progressively". The practice in all jurisdictions is to maintain the maximum possible segregation between accused and convicted persons, and to allow them private communication with friends and legal advisers as far as possible. Accused persons are not required to work or wear prison dress. In most cases, child offenders are dealt with by Children's Courts and, ifinstitu tionalized, are sent to special detention homes or training institutions. However, children accused of certain serious indictable offences may be, and usually are, tried in the same manner as adults and may be sentenced to a term of imprisonment. Only one jurisdiction provides that in such cases the juvenile prisoner must be segregated from adult prisoners. In the other jurisdictions, the view is held that it is not always desirable to separate juvenile from other offenders in all circumstances, for example where segregation might in effect entail solitary confinement or living in conditions less amenable than those of the general prison population. For this reason, Australia included the following in its instrument of ratification: "In relation to paragraphs 2 (b) and 3 (second sentence) the obligation to segregate is accepted only to the extent that such segregation is considered by the responsible authorities to be beneficial to the juveniles or adults concerned. "
4 Ibid. (CCPR/C/14/Add.I). 8 Part I. National Developments
D. Prohibition of incitement to discrimination, hostility or violence (article 7 of the Universal Declaration; article 20 of the International Covenant on Civil and Political Rights)'
When ratifying the Covenant, Australia included the following statement: "Australia interprets the rights provided for by articles 19,21 and 22 as cpnsis tent with article 20; accordingly, the Commonwealth and the constituent States, having legislated with respect to the subject matter of the article in matters of practical concern in the interests of public order (ordre public), the right is reserved not to introduce any further legislative provision on these matters." This was included out of concern that if full effect were given to article 20, the rights guaranteed in the Covenant to freedom of expression (article 19), freedom of assembly (article 21) and freedom of association (article 22) would be unduly cir cumscribed.
E. Equal protection of the law (article 7 of the Universal Declaration; article 26 of the International Covenant on Civil and Political Rights)'
The requirement of article 26 of the International Covenant on Civil and Political Rights that all persons are to be equal before the law and entitled without discrimination to equal protection of the law, was extensively considered by Com monwealth and state Ministers prior to ratification of the Covenant. The question of concern was how precisely "equal before the law" and "equal protection of the law" were to be interpreted. It was noted that during the lengthy and detailed debates in the Third Committee of the United Nations General Assembly concerning article 26, the same issue was considered, namely whether the purpose of the article was to ensure equality before the law or whether it was designed as a form of blanket prohibition against any form of discrimination. It was concluded that the words "in this respect" at the opening of the second sentence qualified "equality before the law" and "equal protection of the law", and did not require a separate and com prehensive prohibition of any form of discrimination in legislation. It was noted that articles 2, 24 and 25 each contained prohibitions against discrimination which are to be applied in the particular context of those articles, article 2 being the most com prehensive. A paragraph was lodged with Australia's instrument of ratification to indicate its interpretation of the meaning of the two sentences in article 26. In particular, the paragraph was designed to ensure that legislation embodying programmes of action designed to assist less advantaged groups ("affirmative action") could not be re garded as inconsistent with Australia's obligations under the Covenant. The paragraph reads as follows: "The provisions of Articles 2 (1) and 24 (1), 25 and 26 relating to discrimination and distinction between persons shall be without prejudice to laws designed to achieve for the members of some class or classes of persons equal enjoyment of
, Ibid. (CCPR/C/I41Add.I). , Ibid. (CCPR/C/I41Add.I). Australia 9
the rights defined in the Covenant. Australia accepts article 26 on the basis that the object of the provision is to confirm the right of each person to equal treat ment in the application of the law."
F. Rights of persons convicted of serious criminal offences (articles 7 and 10 ofthe Universal Declaration; article 14 ofthe International Covenant on Civil and Political Rights)'
There are, in all jurisdictions, some restrictions on the civil and political rights of persons convicted of serious criminal offences. For example, during the period of their imprisonment and parole, such persons are almost always subject to restrictions on freedom of movement. There is also, in some cases, a restriction on their normal civil rights, for example, the right to stand for public office, or to vote. It is also not always practicable to allow a person, while imprisoned, full expression of his religious views. Although each jurisdiction has similar provisions relating to the rights of per sons convicted of serious criminal offences, they are not identical, for example, the disqualifying sentence of imprisonment for eligibility to stand for office is in some juridictions, any sentence relating to treason or a felony, in others, offences punishable by a sentence of one year or longer. It is considered that the restrictions are generally consistent with the provisions of the International Covenant on Civil and Political Rights, but that in some cases there may be room to change as oppor tunity offers. Accordingly, Australia's instrument of ratification included the following: "Australia declares that laws now in force in Australia relating to the rights of persons who have been convicted of serious criminal offences are generally con sistent with the requirements of Articles 14, 18, 19, 25 and 26 and reserves the right not to seek amendment of such laws."
G. Right to an effective remedy (article 8 of the Universal Declaration; article 6 ofthe International Convention on the Elimination ofAll Forms of Racial Discrimination)'
Relevant provisions of the Federal Racial Discrimination Act of 1980 give effect to the requirements of article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination.
7 Ibid. (CCPR/C/141Add.l). • Ibid. (CERD/C/63IAdd.3). 10 Part t. National Developments
H. Right of everyone charged with a penal offence to all the guarantees necessary for his defence (article 11 of the Universal Declaration; article 14 of the International Covenant on Civil and Political Rights)"
Adequate time and facilities (article 14, paragraph 3 (b), of the Covenant) Under Australian law, the accused must be given adequate opportunity to prepare his defence. If the trial is due to take place before he has had sufficient op portunity to prepare a defence, the courts have power to adjourn the hearing to a later date; this is almost invariably done, with the exception of cases when it is felt that the interests of justice would not be served by such adjournment. In regard to facilities, legislation and law books are available in public libraries and can be purchased from government or private bookstores. In the discussion which preceded ratification it was felt that a very liberal inter pretation of the words "adequate facilities" might require the provision ofreference libraries, research assistance and office facilities to persons charged with a criminal offence. A basis for this view was a recent decision of the United States Supreme Court (Bounds v. Smith (97 U.S.1491 (1977», which interpreted the United States Constitution as requiring the provision of libraries to prisoners, the training of in mates as para-legal assistants, and the use of students and volunteer attorneys. The Australian view is that the provision of such specialized facilities to persons not trained in their use is not necessarily the most effective or desirable way of assisting persons charged with a criminal offence to defend their case. To articulate this view, Australia included the following in its instrument of ratification: "Australia accepts paragraph 3 (b) on the understanding that the reference to adequate facilities does not require provision to prisoners of all the facilities available to a prisoner's legal representative."
Trial in the presence of the accused (article 14, paragraph 3 (d» Article 14, paragraph 3 (d), of the Covenant gives an accused person a right to be tried in his presence and to have legal assistance assigned to him. Although the paragraph provides that a person charged with a criminal offence "shall be entitled" rather than "shall have the right" to trial in his presence, and although the right to a trial would hardly extend to a situation in which a prisoner made it impossible to have his case tried, Australia considered that in order to put the position beyond doubt, it would be appropriate to include in its instrument of ratification the following: "Australia accepts the requirement in paragraph 3 (d) that everyone is entitled to be tried in his presence, but reserves the right to exclude an accused person where his conduct makes it impossible for the trial to proceed."
Right to legal aid The requirement that legal assistance be made available to persons charged "where the interests of justice so require" is generally observed throughout
"Ibid. (CCPR/C/14/Add.l). Australia 11
Australia. However, the final clause in article 14, paragraph 3(d) of the Covenant may be interpreted as requiring that legal assistance to cover the full costs of the case be made available in all cases, even if the accused person has some capacity to con tribute. Legal aid schemes in Australia generally employ means-testing procedures and may also require a contribution from a person assisted, to the extent of that per son's capacity to pay. Australia considers that means-tested legal aid is in the best public interest. Furthermore, in all jurisdictions legal aid is not as fully available in respect of non-indictable offences, namely offences of a less serious nature, as it is in regard to indictable offences. Primary considerations here are the merits of the case and the availability of funds. Accordingly, Australia included the following in its in strument of ratification: "Australia interprets paragraph 3 (d) of article 14 as consistent with the opera tion of schemes of legal assistance in which the person assisted is required to make a contribution towards the cost of the defence related to his capacity to pay and determined according to law, or in which assistance is granted in respect of other than indictable offences only after having regard to all relevant mat ters. "
Article 14, paragraph 6 There is no legislative provision in any of the Australian jurisdictions for com pensation for miscarriage ofjustice. Instead, administrative procedures are available in all jurisdictions to provide compensation for miscarriage of justh::e in the cir cumstances envisaged in this paragraph. Because this is considered to be as satisfac tory as making specific legislative provision, Australia included the following in its instrument of ratification: "Australia makes the reservation that the provision of compensation for miscarriage of justice in the circumstances contemplated in paragraph 6 of ar ticle 14 may be by administrative procedures rather than pursuant to specific legal provision."
I. Protection against arbitrary interference with privacy (article 12 ofthe Universal Declaration; article 17 of the International Covenant on Civil and Political Rights)!·
Australian law, as in other common law systems, operates on the basis that the individual is protected from such invasions of personal space as physical assault, in trusion in living space and defamation. However, there is no right ofprivacy as such. Accordingly, the forms of protection given to the individual are in all jurisdictions a combination of common law and statutory provisions. In addition, certain self regulatory standards set by the media protect individuals and families to a con siderable degree from interference with their privacy. There are circumstances, often contained in legislation, in which the absolute privacy of an individual is qualified in the public interest, often in that of national security. The decision whether the particular circumstances warrant interference on a legislatively specified ground is usually at the discretion of a designated office-
10 Ibid. (CCPR/C/14/Add.l). 12 Part l. National Developments holder, namely, a person who can later be identified as having authorised the par ticular infringement of privacy. Although it is considered that these restraints upon the individual's right to privacy are necessary, and within the spirit of the International Covenant on Civil and Political Rights, because of the uncertainty which attaches to the word "ar bitrary" in this article, Australia included the following in its instrument of ratifica tion: "Australia accepts the principles stated in article 17 without prejudice to the right to enact and administer laws which, in so far as they authorize action which impinges on a person's privacy, family, home or correspondence, are necessary in a democratic society in the interests of national security, public safety, the economic well-being of the country, the protection of public health or morals or the protection of the rights and freedoms of others."
J. Freedom of opinion and expression (article 19 ofthe Universal Declaration; article 19 ofthe International Covenant on Civil and Political Rights)"
The Broadcasting and Television Act provides the framework for radio and television broadcasting in Australia. This Act also contains a number of restrictions and rules which affect the content of broadcast programmes, by, for example, seek ing to promote higher-quality programmes, programmes specifically designed for children, and the employment of Australian artists and material. Although the limitations on freedom of expression through sound and television broadcasting are within the spirit of the restrictions allowed by paragraph 3 of article 19 of the Inter national Covenant on Civil and Political Rights, it was considered that, particularly having in mind the reservations entered by some other countries to this article, the following should be included in Australia's instrument of ratification: "Australia interprets paragraph 2 of article 19 as being compatible with the regulation of radio and television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people."
K. Political rights (article 21 ofthe Universal Declaration; article 25 ofthe International Covenant on Civil and Political Rights)"
There are few restrictions on the right to vote. The three basic qualifying condi tions for voting eligibility in elections to the Commonwealth and state Parliaments are: age, nationality and residence. The three following categories of Australian citizens are disqualified: (a) per sons of "unsound mind"; (b) persons "attainted of treason"; (c) except in three
11 Ibid. (CCPR/C/14/Add.l). " Ibid. (CCPR/C/l4/Add.I). Australia 13 jurisdictions, persons under sentence of having committed a serious criminal of fence. Prohibited immigrants and holders of temporary entry permits are also dis qualified from voting in federal elections. These qualifications on the right to vote are considered reasonable. However, in view of possible objections in relation to the rights of persons under sentence for serious crimes, the following paragraph was included in Australia's instrument of ratification: "Australia declared that laws now in force in Australia relating to the rights of persons who have been convicted of serious criminal offences are generally con sistent with the requirements of article(s) ... 25 ... and reserves the right not to seek amendment of such laws." The requirements for voting in local government elections are similar in all ex cept two states. In one of these states, only the owner or occupier, and in the other only ratepayers (namely, property owners) and their spouses, are enfranchised. Although these restrictions on the franchise involve limiting the right of persons par ticipating in local government to those who largely pay for it, Australia interprets this to be within the terms of the article. To clarify the position, Australia included the following in its instrument of ratification: "The reference in paragraph (b) of article 25 to 'universal and equal suffrage' is accepted without prejudice to laws which establish franchises for municipal and other local government elections related to the sources of revenue and the func tions of such government." Similarly, to allow flexibility in the determination of electoral boundaries for one or more of the factors mentioned above, Australia's instrument of ratification included the following: "The reference in paragraph (b) of article 25 to 'universal and equal suffrage' is accepted without prejudice to laws which provide that factors such as regional interests may be taken into account in defining electoral divisions ...".
L. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)"
The principal laws enacted in 1980 in relation to the right of everyone to educa tion in each state and Territory (with the exception of tertiary institutions) are the New South Wales Education Commission Act and the Western Australian Post Secondary Education Commission Act, as amended. As the first Australian response to the International Conference on the teaching of Human Rights, held by UNESCO at Vienna in 1978 to mark the thirtieth anniver sary of the Universal Declaration of Human Rights, the Australian National Com mission organized in June 1980 a national seminar on the teaching of human rights at the tertiary and adult education levels. Participants included lawyers, parliamen tarians, academics, teacher educators and representatives of community interests.
13 Ibid. (E/1982/3/Add.9). 14 Part I. National Developments
Topics discussed included: What are rights? What ought to be taught about rights? Human rights and Australia's foreign policy; The role of adult education; Trade union and women's studies courses in teaching human rights; and Discrimination and affirmative action. The National Commission will publish the papers presented at the seminar during 1981. In addition to the seminars mentioned above, Australia has supported the atten dance of a number of Australian persons at overseas seminars and conferences con cerned with human rights teaching, including a regional meeting on the role ofSocial Studies in Education for Peace and Respect for Human Rights, held at Bangkok in December 1980.
Improvement ofmaterial conditions Teacher organizations have sought (and obtained) a range of improvements in salaries and conditions through the established machinery (see the section above). During 1979 and 1980, most teachers in Australia sought and obtained a general salary increase based on changes in the value of work performed by teachers (cur riculum changes, greater decentralization of administrative matters to local schools etc). The vast majority of Australian teachers have also received regular salary in creases derived from the operation of a centralized system of wage fixation based on indexation. Under this system, most teachers (and most other Australian workers) received wage adjustments, initially each quarter and subsequently each half-year, broadly in line with increases in the consumer price index (CPI).
M. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)"
In 1979-1980 the Commissioner for Community Relations attended seminars, gave community relations addresses, attended consultations and training courses and had publications and speeches published. In addition, the Commissioner's staff took part in numerous consultations and training programmes, and his Office published numerous papers. SBS-operated stations now broadcast in nearly 50 languages each on 2EA (Sydney) and 3EA (Melbourne). Financial support, subject to certain conditions, is available for ethnic programmes broadcast by public broadcasting stations. On 24 October 1980, a multicultural television service commenced broadcasting in Sydney and Melbourne. The decision to establish this service resulted from a recommenda tion of the Second Report of the Ethnic Television Review Panel, following two pilot series on ABC television in Sydney and Melbourne in 1979 and 1980. The Special Broadcasting Service is also responsible for the operation of multicultural television.
" Ibid. (CERD/C/63/Add.3 and CERD/C/88/Add.3). Australia 15
During 1980 the Queensland Aboriginal and Torres Strait Islander Consultative Committee to the Director-General of Education developed a set of guidelines for studies about Aboriginals in Queensland.
N. Right to take part in cultural life (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)"
Among legislation enacted in 1980 in the field of cultural matters, reference can be made to the following: " Australian War Memorial Act; Museum of Australia Act; Australian Bi Centennial Authority Act; Art Gallery of New South Wales Act; Museum and Art Galleries Act of the Northern Territory; Conservation Commission Act of the Nor thern Territory. Two significant developments in the area of multicultural education were an nounced by the Federal Government in 1980: the first was a new programme to sup port classes run by ethnic communities to teach their particular language and culture, known a"s "ethnic schools". They are seen as making a valuable contribution to education by providing special instruction that may not be available in regular schools. Government support on the basis of $30 per capita per year was recom mended in a "Review of multicultural and migrant education" by the Australian In stitute of Multicultural Affairs. To qualify for the grant, a school is required to meet certain criteria, including being open to any student regardless of ethnic background and being a non-profit-making concern. The second development is the Government's decision that new courses in com munity languages should be made available in universities or colleges of advanced education. The Tertiary Education Commission has considered a recommendation by the Australian Institute of Multicultural Affairs in its "Review of multicultural and migrant education" and is concerned that development should be sufficiently concentrated to produce worthwhile results. Funds for this purpose have been ear marked for the 1982-1984 triennium. At the 1980 Conference of Federal' State and Territory Ministers with respon sibility for Cultural Affairs, the meeting affirmed the central importance of the arts to the vitality of the individual and the nation and offered continued and increased co-operation in the furtherance of the education and the arts initiatives of the Schools Commission and the Australia Council. The meeting also resolved that of ficials should develop proposals for the promotion of the arts in education and pro moting the arts as a career prospect as well as an area for individual enjoyment. These proposals are to be submitted to the next meeting of Ministers scheduled for February 1982. As regards the freedom of scientific research and creative activity, although there are no specific statutory restrictions placed on the rights of individuals to
" Ibid. (E/1982/3/Add.9). 16 Part I. National Developments freedom of scientific research in Australia and there is in general an observance of this right, there are several difficult areas in which ethnical restraints are imposed. For example the Federal Government supported the introduction by the Australian Academy of Science of voluntary guidelines for the monitoring of recom binant DNA research. During 1980, the Government agreed to take over this monitoring role. The Government will also use voluntary guidelines and is yet to vary those issued by the Academy.
O. Right to a social and international order in which human rights can be realized (article 28 of the Universal DeclaratifJn; articles 2 and 50 of the International Covenant on Civil and Political Rights)'·
Australia ratified the International Covenant on Civil and Political Rights on 13 August 1980 and, pursuant to article 49, it became effective for Australia on 13 November 1980. The opening paragraphs in Australia's instrument of ratification indicate un equivocally that Australia is one people, that the provisions of the Covenant extend to all parts of Australia as a Federal State, and that the several jurisdictions will be responsible for the implementation of those provisions of the Covenant over which they exercise legislative, executive and judicial jurisdiction. Australia has also in dicated that implementation, where a' provision has both federal and state aspects, will be a matter for the respective constitutionally appropriate authorities. The final paragraph in Australia's instrument of ratification, relating to articles 2 and 50, is of considerable importance. The consultations between the responsible Commonwealth; state and territory Ministers on human rights issues which com menced in 1978 when the Australian Government decided to work towards ratifica tion ofthe Covenant on a basis agreed upon with the states, resulted in the formation of a Ministerial Meeting on Human Rights which assembles two or three times a year and provides a venue for consultation concerning action to be taken on particular issues requiring consideration. Discussions in this Meeting, and the associated work ing party of officers, led to the Australian ratification. In July 1980 Australia also signed the Convention on the Elimination of All Forms of Discrimination against Women. Subsequently, the Convention was refer red to the Meeting of Federal and State Ministers on Human Rights since the Con vention deals with matters of both federal and state concern. Consideration of the Convention in this forum is progressing well and it is hoped that Ministers will be able to arrive at an agreed basis for ratification of the Convention.
16 Ibid. (CCPR/C/14/Add.1 and E/1982/3/Add.9). AUSTRIA
Guarantees as to extradition (articles 13 and 14 of the Universal Declaration)'
The catalogue of constitutionally guaranteed basic rights has been enlarged as a consequence of the adoption of the Federal Law of 4 December 1979, Federal Law Gazette No. 529, on Extradition and Mutual Assistance in Criminal Matters which entered into force on 1 July 1980. According to its article 12, paragraphs 1 and 44, neither the extradition of Austrian citizens nor the transit of such citizens in custody through Austrian ter ritory are allowed. Observance of those rights is ensured by the Austrian Constitu tional Court.
I Contribution submitted by State.
17 BELGIUM
A. Freedom of. movement and residence; right of asylum (articles 13 and 14 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
ACT OF 15 DECEMBER 1980 ON ENTRY OF ALIENS INTO BELGIUM, THEIRIEMPORARY AND PERMANENT RESIDENCE THEREIN AND REMOVAL THEREFROM
Temporary residence and permanent residence ofaliens Unlike the law applicable previously, this Act gives formal recognition to a right of temporary residence and a right of permanent residence for several categories of aliens, namely, those who, ipso jure, have a right of residence for more than three months, EEC nationals under EEC regulations and directives, and aliens who are recognized as refugees. The new Act draws a clearer distinction between measures for removal than did the previous law.
Aliens Advisory Commission As regards this Commission, improvements have been introduced under the new Act in two areas: the number of cases when there is an obligation to consult the Commission has been increased, and the Commission's procedures have been im proved significantly with a view to guaranteeing more effectively the rights of defence of an alien whose case has been referred to it.
Law pertaining specifically to refugees Here, Belgium has gone beyond its international obligations: under the Geneva Convention of 1951 it is only required not to impose criminal sanctions on an alien for irregular entry or residence, but under the Act the alien has a right not to be turned away or sent back to the frontier until a ruling has been given on his request, provided that the Minister of Justice has not refused him the right of permanent or temporary residence.
, Report submitted by State (CERD/C/88/Add.S).
18 Belgium 19
Remedies In addition to appealing to the administrative authority which took the decision in his case, the alien can also submit an application fQr review to the Minister of Justice, who must rule on the application after obtaining the views of the Aliens Ad- visory Commission. .
Criminal law Compared with previous laws, the penalties under the new Act are not so severe. Only an alien who, without having been authorized to do so by the Minister of Justice, returns to Belgium after he has been deported or expelled is liable to the heaviest sentence, namely, a maximum of one year's imprisonment.
B. Freedom of opinion and information; freedom of peaceful asssembly and association (articles 19 and 20 of the Universal Declaration; article 5 of the International Convention on the Elimination of All Forms ofRacial Discrimination)'
Article 20 of the Act of 15 December 1980 on entry of aliens into Belgium, their temporary and permanent residence therein and their removal therefrom, provides that use by a foreigner, in accordance with the law, of the freedom of opinion or the freedom of peaceful assembly or association may not constitute a ground of com plaint against him. The Act of 15 December 1980 on the entry, temporary and permanent residence, and removal of aliens provides: "Article 62. Administrative decisions shall state the reasons on which they are based. They shall be notified to the persons concerned, who shall receive a copy thereof, by the burgomaster of the commune in which the alien is living or by the person appointed by him; they may also be notified by the persons indicated in paragraph 2 of article 50. "If the alien is under arrest, notification shall be made by the prison governor. "If the alien is not in Belgium, such notification may be made through the Belgian embassy or consulate abroad. "Article 63. Administrative decisions may give rise either to an application for review, or to an application for rescission by way of precaution, or for an ap plication for annulment, or to an appeal to the courts in accordance with the provisions set forth below. "Notification of decisions shall be accompanied by an indication of the remedies provided for by law and of the period within which the latter may be exercised.',
, Ibid. (CERD/C/88/Add.5). 20 Part I. National Developments
C. Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
On 7 July 1980 and 4 August 1980 the Minister of the Interior sought the opin ion of the Council of State on the following five private bills (that is, tabled by a member of parliament): Levaux bill to grant foreigners the right to vote for and stand for election to com munal councils, and federations of communes and urban areas (Doe. Par!. No. 15/1, Chambre, S.E. 1979); Petry-Lallemand bill to extend the franchise at communal elections and the right to stand for local office to nationals of the signatory States of the EEC Treaty (Doe. Pari. No. 407/1, Senat, session 1979-1980); Lienard bill instituting the right for certain foreigners to vote at communal elections (Doe. Par!. No. 609/1, Chambre, session 1979-1980); Fievez bill to grant certain foreigners the right to vote for and to stand for election to communal councils and also the right to hold office as burgomaster, alderman or a member of a social welfare board (Doe. Pari. No. 611/1, Chambre, session 1979-1980); Mangelschot bill to grant foreigners resident in Belgium for more than five years the right to vote in elections to communal councils, and councils of federations of communes and urban areas (Doe. Par!. No. 612/1, Chambre, session 1979-1980). On 22 October 1980, in an opinion setting forth at length the reasons on which it was based, the Council of State held that the Belgian Constitution, and in particular article 4 thereof denies foreigners the right to exercise political rights.
3 Ibid. (CERD/C/88/Add.5). BOLIVIA
Elimination of racial discrimination: development and protection.. of certain racial groups or individuals belonging to them (articles 2, 7 and 22 of the Universal Declaration; article 2.2 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Some provisions have been adopted by the Government for the protection of tribal groups and also of the right to possession of the land they occupy. For exam ple, the main parts of the 1980 agrarian law include the following provisions: "Article 129. The forest-dwelling groups of the tropical and sub-tropical plains who are living in a wild state and have a primitive structure shall be under the protection of the State. "Article 130. Rural scholastic groups and duly authorized private institutions which are responsible for the incorporation of forest dwellers into the life of the nation shall have sufficient land to establish small families and turn them into independent farmers. Community and private ownership of facilities shall at all times be under the protection of the Government. "Article 131. Without prejudice to the acquisition of family property by forest dwellers, the bodies responsible for their incorporation shall promote co operative labour systems."
I Report submitted by State (CERD/C/107/Add.l).
21 BULGARIA
A. Condemnation of racial segregration and apartheid (articles I and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Government of the People's Republic of Bulgaria continues to extend all possible support to the national liberation movements of African peoples in their just struggle for self-determination and independence.
B. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
On 21 June 1980, the Bulgarian National Assembly adopted a new Act on pro posals, submissions, complaints and petitions (Official Gazette No. 52, of 4 July 1980), the main purpose of which is to promote the observance of socialist law and the defence of the rights and lawful interests of citizens. Organs of social administra tion are obliged: to examine and to take decisions on proposals, submissions, com plaints and petitions within the prescribed time-limits and in a manner that is objec tive and in conformity with the law (article 6); to eliminate violations of the rights and lawful interests of organizations and citizens and to take the steps necessary to bring to account in the manner provided by law officials guilty of such violations (ar ticle 9). The Act confers upon citizens a right of recourse to the appropriate ad ministrative or judicial organ that is empowered to determine the existence of a violation (article 29). Where it finds a submission or petition to be justified, the competent organ must, by its decision, eliminate or order the elimination of the violation or irregulari ty in question or take other appropriate measures (article 37). When that decision is implemented any harmful consequences resulting from unlawful or improper actions must be eliminated. When this is not possible, the injured persons or organizations must be compensated by some other lawful means or given an explanation of the procedure they should follow (article 38, para. 2).
, Report submitted by State (CERD/C/66/Add.28).
2 Ibid. (CERD/C/6/Add.28).
22 Bulgaria 23
C. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 of the International Covenant on Economic, Social and Cultural Rights)'
Every working mother who so desires may, when her paid leave expires, take leave without pay until the child is three years old. During this period she receives partial payments amounting to 10 leva per month. The administration is obliged to grant such leave, which counts in full towards her length of service at work. During this leave, the mother keeps her job, which also gives her labour rights, including the right to paid annual leave at another enterprise, establishment or organization, if she so desires. This second labour contract may be a contract for work to be done at home (art. 25, para. 4, of the 1958 Instruction on remuneration earned during idle time substitution and so forth, as amended, published in Official Gazette, No. 34 of 1980). Furthermore, mothers of children between three and six years old who wish to take work home in order to be able to look after their children but who are per manently employed in an enterprise or organization which is not in a position to pro vide them with such work, are entitled to take leave without pay in order to conclude a second work contract with another enterprise for work at home. The enterprise where they are permanently employed is obliged to grant such leave and keep their job open for them until the children are six years old and while they are working at home (art. 2 of resolution No. 38 of the Council of Ministers of 7 July 1980, published in Official Gazette, No. 57, 1980).
D. Right to health (article 25 (1) of the Universal Declaration; article 12 of the International Covenant on Economic, Social and Cultural Rights)'
Children's nutrition has improved and in 1980 there was an increase in the amounts of food and milk produced which were of suitable quality and quantity for children.
E. Promotion of understanding, tolerance and friendship among all nations racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The education of young people in a spirit of respect for human rights and the equality of rights of all persons and in a spirit of opposition to the prejudices that lead to racial discrimination takes place at all levels of the educational system. In ad-
3 Ibid. (E/1980/6/Add.29).
4 Ibid. (E/1980/6/Add.29). , Ibid. (CERD/C/66/Add.28) .. 24 Part I. National Developments dition to courses on history and geography in which children study the development and culture of other countries and peoples, pupils in the seventh grade made a special study of "Ethics and law", while those in the ninth grade study "Social affairs", subject's which acquaint them with the problem of respect for the human rights and fundamental freedoms of all. Moreover, in secondary schools there is a weekly period of political instruction, during which discussions are held on contemporary international questions, an important place being given to the struggle against col onialism, racism, racial discrimination and apartheid. The political disciplines are studied still more deeply in higher educational institutions; the content of the courses varies according to the speciality of the establishment in question.
F. Right to take part in the cultural life of the community (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
World culture is brought to Bulgaria through various cultural events: exhibi tions, concerts and galas with famous performers. In 1980, there were large exhibi tions of original works and copies of Leonardo da Vinci and Roerich.
6 Ibid. (E/1982/3/Add.23). BURUNDI
A. Condemnation of racial segregation and apartheid (articles 1 and 2 ofthe Universal Declaration; article 3 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination; articles IV and VI of the International Convention on the Suppression and Punishment of the Crime ofApartheid)'
Ministerial Decree No. 020/320 of 9 November 1963 and Ministerial Order No. 510/92 of 6 May 1977, in particular article 1, have been brought up to date by Ministerial Order No. 510/0361 of 5 September 1980, which abrogates Ministerial Decree No. 024/817 of 26 November 1965 concerning sanctions against the country formerly known as Rhodesia. Under Ministerial Order No. 510/0361 of 5 September 1980, the sanctions against the country formerly known as Rhodesia have been lifted once it acceded to independence under the name of Zimbabwe because the reasons for the imposition of sanctions ceased to exist. In this same context, the Republic of Burundi has for some time provided study fellowships for young nationals from the countries of southern Africa fighting for their liberation.
B. Equitable judicial system (articles 6-11 of the Universal Declaration; articles 5 and 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Article 9 of Decree-Law No. 1/55 of 19 August 1980 deals with the composition of the bench in the Criminal Division of the Court of Appeal. Hearings are, in principle, held in public, except for extreme cases where public order, security or the danger of a breach of the peace requires otherwise. Any subject of law may have the assistance of a lawyer of his choice during legal proceedings (ar ticle 14 of Decree-law No. 1/55 of 19 August 1980 relating to the Criminal Division).
, Reports submitted by State (CERD/C/62/Add.l and E/CNA/1415/Add.8). , Ibid. (CERD/C/62/Add.l).
25 26 Part I. National Developments
C. Right to marry; protection of the family (article 16 oj the Universal Declaration; article 5 (d) oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)'
Decree-Law No. 1/1 of 15 January 1980 provides for a code of personal and family law. In accordance with article 5, paragraph (d), subparagraph (iv), Chapter I, Section 1, article 88 of Title VI ("Marriage") stipulates that: "Marriage is the voluntary union of a man and a woman, in accordance with the civil law". The only impediments to marriage concern conditions pertaining to age and the pro hibited degrees of kindred. Further, the terms of article 19 expressly provide that "the validity of the mar riage may not be made conditional on the payment of a dowry, even in the case of a written promise by the future husband. Such promise shall be deemed not to have been written." The law on marriage as it applies to foreigners conforms in all respects to the general rules of private international law usually applied in such cases: under the terms of article 2 of Decree-Law No. 1/1 of 15 January 1980 concerning the code on personal and family law, their personal status and family relationships are governed by their domestic law. The personal law rule is restated in article 95 of the above-mentioned Decree Law. Lastly, article 96 of this Decree-Law deals with the question of establishing proof of compliance with the requirements laid down under their domestic law. "Compliance with these requirements shall be established upon production of a certificate issued by the diplomatic or consular official of the country of which the foreigner is a national, declaring that, to his knowledge, there is no obstacle, under the domestic law of the foreigner, to the celebration of his mar riage in Burundi." However, Chapter I, Section 3, article 97, of Title VI above provides for an ex emption in the case of stateless persons and refugees: "The Provincial Governor may exempt stateless persons and refugees from the requirement that a certificate, as provided for under the preceding article, be issued. " In the case of foreigners, article 4, paragraph 1, of Decree-Law No. 1/1 of 15 January 1980 concerning the code of personal and family law, provides that: "Last wills and testaments shall be governed as to form by the law of the place where they are drawn up and as to substance and effects by the domestic law of the deceased". The second paragraph of the article in question entitles the foreigner to follow the formalities prescribed by our national law.
J Ibid. (CERD/C/62/Add.I). Burundi 27
D. Economic, social and cultural rights (articles 22-27 of the Universal Declaration; article 5 (e) of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Republic of Burundi treats work not only as a "right" that is recognized and guaranteed without discrimination of any kind whatsoever but also, as a duty. Decision No. 0017 of 30 July 1980 of the Party for Union and National Progress (UPRONA) establishes provisional statutes for the Union of Workers of Burundi (UTB); thus UTB has been formed as a genuine trade union which, on the basis of free accession, includes the workers of Burundi among its membership (chap. Il "Object", art. 3, para. 1). Its object is to protect the material, moral and cultural interests of its members (chap. Il, art. 3, para. 6). Chapter Ill, article 4, deals with the question of admission; UTB is open to "any person who carries on a profession or a trade and who is at least 18 years of age, without any distinction as to nationality". Statutes for the National Estate Agency were laid down by Decree No. 100/69 of 7 May 1979. Under article 2, this Agency is responsible for building, ordinary let ting, and instalment plan sales and it may grant mortgages to civil servants. Further facilities, provided under Decree-law No. 1/20 of 10 July 1980, have also been granted to State officials. Decree-law No. 1/28 of 27 June 1980 introduced a health insurance scheme for public officials and equivalent persons. The Republic of Burundi is taking dynamic and continuing action in the field of health with a view to making social medicine available to all. Despite difficulties of all kinds, it adopted a system of free health care before the establishment of the civil service mutual insurance company which introduced a health insurance scheme. On the legislative and regulatory level, reference should be made, inter alia, to the decision by the Council of Ministers dated 31 October 1980 to encourage and promote private education. The State will intervene only to supervise the educational syllabuses taught in private schools and, where necessary, will give official recogni tion to those which have taught or are teaching the official syllabus.
'Ibid. (CERD/C/62/Add.l). BYELORUSSIAN SOVIET SOCIALIST REPUBLIC
A. Equality before the law (article 7 of the Universal Declaration)'
The Decree of the Presidium of the Supreme Soviet of the Byelorussian SSR of 15 August 1980 "On the Introduction of Changes in and Additions to the Civil Trial Code of the Byelorussian SSR" provides that justice in civil cases shall be ad ministered only by the courts and on the principle of equality before the law and the court of all citizens, regardless of their origin, social or property status, race or nationality, sex, education, language, attitude to religion, type and nature of occu pation, domicile or other status.
B. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) ofthe Universal Declaration)'
On 30 January 1980 the Council of Ministers of the Byelorussian SSR adopted the Statute "On the Granting of the Right of Priority in Obtaining Accommodation to Families on the Birth of Twins and to Families Having and Bringing Up Three or More Minors", under which the right to obtain accommodation is granted in first order of priority to families indicated in the statute. The All-Union Central Council of Trade Unions of 29 April 1980 broadens the legal standards guaranteeing to women more favourable conditions for combining the function of motherhood with professional activity and participation in public life.
C. Political rights (article 21 of the Universal Declaration)'
The Act on Regional Soviets of Peoples' Deputies of the Byelorussian SSR was adopted on 13 November 1980. This Act provides that Regional Soviets of Peoples' Deputies are organs of state authority and decide all questions of local significance, on the basis of overall state interests and the interests of the citizens. The Act establishes the procedure for elections to Regional Soviets (the right of universal, equal and direct election by secret ballot), the basic principles of the Regional
I Contribution submitted by State.
2 Ibid. , Ibid.
28 Byelorussian SSR 29
Soviet's activities and its management of the state, economic, social and cultural structure, etc.
D. Economic, social and cultural rights (article 22 of the Universal Declaration)'
On 14 May 1980 the Presidium of the Supreme Soviet of the Byelorussian SSR adopted the Decree "On the Introduction of Changes in and Additions to the Agrarian Code of the Byelorussian SSR". The purposes of agrarian legislation in the Byelorussian SSR are to control agrarian relations so as to ensure, in the interests of present and future generations, the scientifically-based, rational use and preserva tion of lands, to create conditions for making their use more efficient, to protect the rights of enterprises, organizations, institutions and citizens, and to strengthen legality in agrarian relations. In accordance with the Constitution of the USSR and the Constitution of the Byelorussian SSR, land is owned by the State-the common property of the whole Soviet people. The Decree lays down the objectives of state control over the use and protection of lands, the use of land by citizens engaged in individual agricultural work, etc.
E. Right to an adequate standard of living (article 25 (1) of the Universal Declaration; article II ofthe International Covenant on Economic, Social and Cultural Rights)'
An adequate standard of living is guaranteed not only for workers, but also for those unable to work, through the social welfare and social insurance system. In addition to existing benefits, new, broader benefits were introduced in 1980 for invalids of the Great Patriotic War and invalids from the armed forces (a 50 per cent reduction in apartment rents and payments for communal services, exemption from income tax, increased levels of pensions for a number of categories, a free trip once a year on railways or river steamers). Participants in the civil war and the Great Patriotic War and in other military operations in defence of the motherland enjoy a 50 per cent reduction in income tax. They also have priority in obtaining accom modation.
4 Ibid. , Report submitted by State (E/1980/6/Add.18). 30 Part I. National Developments
F. Right to take part in the cultural life of the community and to enjoy the benefits of scientific progress (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
In the Republic favourable arrangements have been made for tours by foreign artists, singers, musicians and dancers, theatre companies and musical ensembles. Every year people who are engaged in culture and the arts visit the Byelorussian SSR from almost 30 countries. In return, professional companies and the best amateur associations of the Republic visit a large number of countries abroad. Contacts with people active in the cultural field abroad are constantly expanding, and agreements on cultural and creative co-operation are being concluded. For example, on the in itiative of the Ministry of Culture of the Byelorussian SSR alone several hundred representatives of Byelorussian culture and the arts visited 25 countries in 1980. Direct co-operation has been established between the State Academic Opera and Ballet Theatre of the Byelorussian SSR and a number of opera houses in Poland and the German Democratic Republic. Byelorussian scientists and specialists have visited many countries to take part in scientific conferences and'symposia and in meetings of experts. On the initiative of the Academy of Sciences, the Ministry of Higher and Specialized Secondary Educa tion and the Ministry of Education of the Byelorussian SSR, a large number ofscien tific workers, teachers and students pay visits abroad every year. Direct co-operation between higher-education institutions is being developed. For example, in 1980 agreements on scientific and cultural relations were concluded between the Byelorus sian V. A. Lenin State University and universities in Viet Nam and Cuba.
• Ibid. (E/1982/3/Add.3). CANADA
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In January 1980, the Canada-South Africa Trade Agreement, which accorded South African exports preferential tariff access to the Canadian market, was ter minated. The International Seminar for the American Hemisphere, with its theme "Women and apartheid", was organized by the Ligue des femmes du Quebec (League of Quebec Women) under the auspices of the United Nations, and held in Montreal on 9, 10 and 11 May 1980. The Commission des droits de la personne was able to take an active part in this seminar, first at the preparatory committee stage with a technical contribution to the organizing of the various events, and then through a commission policy stand that was voiced by its vice-president before the international participants and delegates.
B. Elimination of discrimination on grounds of sex (article 2 of the Universal Declaration; article 3 ofthe International Covenant on Civil and Political Rights)2
Almost all provinces and the Northwest Territories have legislated that affirm ative action programmes are not discriminatory. Generally, in the provinces and ter ritories, these programmes are initiated by the employer, often after government en couragement and may be approved by a human rights commission. The commission's approval provides the employer with the obvious advantage of being protected against complaints by individuals who feel victimized by affirmative action programmes. A Saskatchewan Board of Inquiry may order such programmes (In dividual's Rights Protection Act, R.S.A. 1980, c. 1-2, s. 13).
1 Report submitted by State (CERD/C/76/Add.6). 'Ibid. (CCPR/C/l/Add.62).
31 32 Part I. National Developments
c. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
It is recognized by both the Indian people and the Federal Government that the Indian Act requires to be updated. The Federal Government is committed to amend, in particular, those sections of the Act which have an adverse effect on the status and rights of Indian women.' In July 1980 the Minister of Indian Affairs announced that, where requested to do so by Band Councils, the Government would suspend certain sections of the In dian Act which discriminate against Indian women who marry non-Indians. It is recognized that this action would not be a substitute for an eventual satisfactory solution to the problem; it would, however, provide some amelioration in the posi tion of the women concerned pending the passage of revised, non-discriminatory legislation. In addition, the Canadian Government is examining further proposed legislation which will recognize, for those Indian Bands which decide to operate under it, a wide range of local Indian government powers and responsibilities design ed to enable such Bands to be responsible totally for their own social, economic, cultural and political development.
Quebec By the end of 1980, more than 14.000 refugees will have been admitted to Quebec. Considerable sums of money have been allocated for the purpose, from federal and provincial funds, pursuant to an agreement between the Government of Quebec and the Federal Government. The objective is to integrate these people as quickly as possible into Quebec society, by their acquisition of genuine independence. In 1978 the Commission des droits de la personne took part in setting up La Maisonnee, an organization whose goals are to "help the immigrant populations orient themselves, adjust to and integrate with the host community, welcome im migrants and inform them about the economic and social realities by providing a permanent information, aid and counselling service to assist them in their adjust ment process; give advice and guidance as needed to new immigrants in their ap proaches to the different government agencies and convey to them the purposes and workings of these agencies; provide the immigrant with the human assistance needed to facilitate his adjustment to his new environment; establish channels of com munication between the organization and other existing services in order to promote concerted action and complementary function in dealing with immigrants". This, then, is the task assigned to La Maisonnee. To be cited among La Maisonnee's projects with which the Commission des droits de la personne has been associated from 1979 on are the special services set up to assist the refugee contingent from South-East Asia. A commission agent acting
J Ibid. (CERD/C/50/Add.6 and CERD/C/76/Add.6). Canada 33 on behalf of La Maisonnee had joined the group of 25 representatives of organiza tions (public, para-public, community services) who formed a concerted action body to serve the refugees. These organizations belong to a larger network of organiza tions working in all parts of Quebec. In June 1980, the Societe quebecoise pour les rejugies was also established. Its mandate was to make recommendations to the Ministry of Cultural Communities and Immigration on the use of emergency funds set aside for the relief of distressed persons throughout the world. This organization has been working on behalf of refugees outside Quebec since that time.
Saskatchewan French language. education policies were given increased prominence in September 1980 by the creation of the Official Minority Language Office. The Of fice consolidates the direction of French language educational policy in the Depart ment of Education and works closely with related initiatives in the Department of Continuing Education. In 1980, the Treaty Indian Policy Secretariat was established to develop and to co-ordinate the Government's relations with the province's Treaty Indians taking over this function from the Social Planning Secretariat which retained responsibility for Metis and Non-Status Indians. The Treaty Indian Liaison Unit and the Treaty Indian Land Entitlement Office play an important role in regulating the province's relations with Treaty Indians in respect of reserve lands and land entitlements under treaties. The most important initiative in the period under review, is the Community Schools Program established in the Department of Education in the fall 1980. This is a school-based programme designed to increase the involvement of inner-city residents with their local school. The Saskatoort Native Survival School was also set up in 1980 in response to demands by native parents for facilities for native students with behavioural or learn ing problems. Two major initiatives in the areas of curriculum development, programming and research regarding native issues stand out from among the wide range of ac tivities in this field. The Community Education Branch of the Department of Educa tion was established in 1980 with particular responsibility for native studies, cur riculum development; and for programming and research for native and inner-city education. Also in 1980 the Gabriel Dumont Institute of Native Studies and Research was established. The Institute is oriented to and run by Metis and Non Status Indians and is largely provincially funded. In the field of teacher training and education, the province has developed the Saskatchewan Urban Native Teachers Program. SUNTEP aims at increasing the number of certified native teachers in the school system. A similar programme is operated by the Department of Northern Saskatchewan. A number of governmental programmes are available to encourage the training and placement of native employees. The Special Programs Unit of the Saskatchewan Public Service Commission supervises the Native Employment in Government Program (implemented in 1980-81) and the Training-on-the-Job (Special Needs) Program. 34 Part I. National Developments
The Office of Native Career Development was established in 1980 by the Department of Continuing Education. Programme staff work with participating employers in the Crown Corporations and the private sector to identify jobs for which natives may be trained and then develop a training package to suit the job. Trainees are guaranteed full-time jobs upon completion of the training programme. 'The province also administers occupational training courses provided through the Saskatchewan Indian Community College. This programme is funded by the Federal Government. The province also provides agricultural training courses through the Saskatchewan Indian Agricultural Program to Treaty Indians involved in farming in the province. In 1980-1981, the Government directed that its Employment Opportunities Pro gram be targeted towards native groups so that native projects in cities not covered by Special ARDA could be funded. The programme provides financial assistance to the private sector to train and provide jobs to persons who have difficulty securing and maintaining regular employment and adequate income. Native and non-native businesses employing natives are among those eligible for assistance. In 1980, the Saskatchewan Housing Corporation launched a five-year plan to provide housing for Native people. Under the five-year plan Native housing is pro vided through three federal-provincial programmes: (a) Urban Native Housing Pilot Agreement; (b) The Acquisition of Existing Housing for People of Indian Ancestry Pro grams; and (c) Rural and Native Housing Programs. The Saskatchewan Housing Corporation also has the capacity to fund tenant counselling programmes for areas not covered by the Urban Native Housing Pilot Agreement.
D. Right to liberty and security of person; right not to be subjected to arbitrary arrest or detention (articles 3 and 9 of the Universal Declaration; article 9 of the International Covenant on Civil and Political Rights)4
It should be noted that prisoners in federal penitentiaries have the right to medical treatment, including psychiatric treatment (Commissioner's Directive, No. 207, on Medical and Health Services dated August 29, 1980). In 1980, there were three complaints of unlawful detention to the Quebec Police Commission, two of which have been dismissed and one of which is being in vestigated. During the same period of time there were eight complaints of unlawful arrest, two of which have been dismissed, two have been withdrawn by the com plainants and four are being investigated. The Nova Scotia statutes, Summary Pro ceedings Act and Liberty of the Subject Act contain provisions to guard against the illegal deprivation of liberty. The Summary Proceedings Act of Prince Edward Island states that the provisions of the Criminal Code apply mutatis mutandis to pro vincial offences. \
4 Ibid. (CCPR/C/l/Add.62). Canada 35
E. Prohibition of torture and cruel, inhuman or degrading punishment; treatment of offenders (article 5 of the Universal Declaration; articles 7 and 10 of the International Covenant on Civil and Political Rights)'
The Commissioner's Directive No. 245 on the use of force and firearms, dated August 29, 1980 should be noted. Within the Penitentiary Service, one of the duties of the Offender Programmes Branch is to protect inmates' rights, from the time of their entry into the federal system until completion of their sentence and if necessary to redress any wrongs they may suffer. For this purpose, the Inmates Affairs Division is required to encourage fair and humane treatment of inmates, and is responsible for the revised grievance system instituted in August 1979 (Commissioner's Dir'ective No. 241 concerning in mate grievances dated May 31, 1980).
F. Prohibition of incitement to racial discrimination (article 7 of the Universal Declaration; article 4 of the International Convention on the Elimination of All Forms ofRacial Discrimination)"
British Columbia During 1980, concern about racism reached a new high in British Columbia following evidence of open recruiting by racist groups. Distribution of racist hate literature in schools and shopping centres, along with evidence of other racist ac tivities, led the Human Rights Commission in November 1980 to issue a press release urging the Government to use the full extent of the law to prohibit the dissemination of hate literature. The Attorney-General of British Columbia responded to this and other requests for action by commissioning an independent investigation of racism in the province. Vancouver lawyer John McAlpine carried out the investigation and recommended legislation that would prohibit the communication of racist ideas.
G. Right to equal protection of the law (article 7 of the Universal Declaration; article 26 of the International Covenant on Civil and Political Rights)'
Pursuant to the Bill of Rights, all federal or territorial laws which abrogate, abridge or infringe upon the right of the individual to equality before the law and the , protection of the law or which authorize the abrogation, abridgement or infringe ment of this right are inoperative (subsection 1 (b) and 2). In addition, as explained previously, similar provisions exist in human rights laws of various provinces (Al berta, Ontario, Prince Edward Island, Quebec and Saskatchewan). For example, the
'Ibid. (CCPR/C/lIAdd.62). , Ibid. (CERD/C/76/Add.6). , Ibid. (CCPR/C/lIAdd.62). 36 Part I. National Developments
Alberta Bill of Rights, R.S.A. 1980, c. A-16, establishes similar protection with respect to provincial laws (subsection 1 (b) and 2).
H. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 2 of the International Covenant on Civil and Political Rights)'
On 27 May 1980, the Governor in Council adopted the Human Rights Tribunal Appeal Regulations under subsection 42.1 (1) of the Canadian Human Rights Act. These regulations set out the procedure for filing and the content of a Notice of Ap peal from a decision of a Human Rights Tribunal to a Review Tribunal.
New Brunswick On 1 January 1980, the Office of the Ombudsman expanded its jurisdiction to become an appeal mechanism under the Right to Information Act.
Ontario A total of 71 boards of inquiry completed their hearings into allegations of discrimination in the relevant time period. Of these, 21 involved allegations of discrimination because of race or colour. In 12 of t~ese, a finding of unlawful discrimination was made, and remedies and other settlements were ordered, both to compensate the complainants and to establish measures to prevent future discriminatory practices. A further 60 per cent of cases disposed of were settled through conciliation. Decisions of the Canadian Human Rights Commission and the tribunals appointed by it to consider complaints made by people who claim to have been victims of a disc;riminatory act are subject to judicial review. For example, the Federal Court of Appeal, pursuant to its review powers, may quash any decision of the Commission if it finds that the Commission did not observe a principle of natural justice or has otherwise exceeded or refused to exercise its jurisdiction, has rendered a decision tainted by an error of law, or has rendered a decision based on an er roneous finding of fact or made in a capricious or arbitrary manner or without tak ing into account the evidence before it (Latij v. Commission canadienne des droits de la personne, (1980) 1 F.C. 687).
I. Right to a public trial (article 10 of the Universal Declaration; article 14 of the International Covenant on Civil and Political Rights)"
A person who is deprived of a public trial, or who is refused access to a trial, may contest the decision of the judge before the superior courts. Thus in the decision
• Contribution submitted by State. Ibid. (CERD/C/76/Add.6, CCPR/C/l/Add.62). , Ibid. (CCPR/C/1/Add.62). Canada 37 in R v. Quesnel and Quesnel, (1980), 51 C.C.C. (2d) 270, the Ontario Court of Appeal quashed the conviction of the accused on the ground that the judge had ex ceeded his jurisdiction in ordering a completely closed trial. Even though some witnesses in a case in which the defendants were accused of indecent assault on a female person, gross indecency and having sexual relations with a female person of under 14 years were minors, the public should not have been excluded totally. The judge could have ordered the public excluded when these witnesses were giving testimony. In FP Publications (Western) Limited and the Queen (1980), 51 C.C.C. (2d) llD, the Court of Appeal of Ontario quashed an order of a court of first in stance excluding a journalist employed by a newspaper. The order was based on the fact that the newspaper had disclosed the names of people who had frequented a bawdy house, which could have embarrassed other witnesses and persuaded them not to testify. The Court of Appeal held that the -embarrassment that some witnesses might suffer if their names were revealed did not justify a restriction on the freedom of the press. In order for the legislature to restrict or abolish the right to a public trial, it must clearly express its intention to do so (R v. B.; B. v. Kimelman, (1980), 6 W.W.R. 177, at 180). Trials are therefore open to the public and the press, except in cases in which in camera trials are required. Only the physical limitations of the location can limit access.
J. Presumption of innocence; non-retroactivity of criminal law (article 11 of the Universal Declaration; articles 14 and 15 of the International Covenant on Civil and Political Rights)'·
In criminal cases, there are no legal costs, except in matters of prosecutions by summary conviction. Under s. 744 of the Criminal Code, an accused who is acquit ted at trial is not required to pay costs. However, if the conviction is appealed, the summary conviction appeal court or, if the accused proceeds by way ofstated case, a superior court of criminal jurisdiction may make any order with respect to costs that it considers just and reasonable (s. 758; s. 766(2». Ifthe case is then taken to a pro vincial court of appeal, that court has the same power (s. 771(3». In such cases, an order to pay costs is not determined by the success or failure of the proceedings (R v. Oue//eUe, (1980) 111 DLR (3d) 216, at 223). However, in practice, if one of these courts orders payment of costs, ordinarily it will be the losing party who will be re quired to pay costs. There will therefore be little possibility that an accused who is acquitted on appeal will be required to pay court costs. Reference should be made, in this regard, to section 18 of the Social Services Tax Amendment Act, 1980, of British Columbia.
10 Ibid. (CCPR/C/lIAdd.62). 38 Part I. National Developments
K. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)" Ontario In 1980, the multiculturallmultiracial program for secondary school students became a part of the Ministry's leadership program; resource materials for the multicultural concept were identified, and a calendar for schools, called Celebrations of Our Multicultural Society, was prepared and published by the Ministry for the In ternational Year of the Child. In 1980, the Ministry of Education published a booklet entitled "Race, Religion, and Culture in Ontario School Materials". It was distributed to publishers, media, producers, directors of education, co-ordinators, consultants, faculties of education, and the departments of education in the other provinces. It is being distributed on a continuing basis to evaluators of textbooks, and to multicultural associations. The reaction to this booklet has been positive. An important component of the Ontario Human Rights Commission's work in the community involves an on-going series of public education programs. These pro grams attempt to eradicate prejudicial attitudes that generally become the bedrock of discriminatory acts. The public education specialist analyses the phenomenon of negative stereotyping, whether based on race, ethnic origin, creed, sex or age. To this end, the program includes conferences, lectures, training seminars, workshops, public information campaigns and distribution of publications and audio-visual materials. A quarterly newspaper, Affirmation, which began publication early in 1980, continued to receive wide acceptance among its circulation of 10,000. It is edited by the Vice-Chairman and features articles on the activities of the Commission, in cluding boards of inquiry, settled cases and mediations in race relations. It also con tains profiles of commissioners and community leaders and interpretive articles on human rights issues and concerns. In 1980, the Commission launched an advertising and public education cam paign designed to increase awareness of its programs and to create a climate of mutual respect. The theme of the campaign, as depicted on car cards and posters, is "Together we are Ontario". The cards have been displayed in Toronto Transit Com mission vehicles and subway stations, since early 1981. In 1980, the Commission held discussions with the editors of the major Toronto newspapers to analyse stereotypes in the press and to review the concerns of various minority groups that some articles and headlines have a negative impact on in tergroup relations. The Commission brought with them to these meetings a number of articles which they felt were offensive to the spirit of human rights. The major newspapers expressed their general support of human rights principles and several have instituted measures to ensure fair and balanced reporting standards.
11 Ibid. (CERD/C/76/Add.6). Canada 39
In 1980, the Commission arranged a series of meetings with representatives of the advertising industry to discuss the role of visible minorities in advertising. Many studies have found that visible minorities are under-represented in advertisements and when they are used in ads they are often portrayed in stereotyped roles.
Quebec The Ligue des droits et libertes (League of Rights and Freedoms), with its head quarters in Montreal, is an organization involved in the fight against racial discrimination, among other things. It is a member of the International Human Rights Federation and is partly funded by the Quebec Government. It is active in many areas. Thus, taking the theme Une independance qui nous concerne: le Zim babwe (An Independence that concerns us: Zimbabwe), it sent a Quebec observer mission to that country under the auspices of the International Human Rights Federation. This mission's objective was to see whether the Lancaster House agreements were being observed and whether the transfer of power had been carried out democratically so as to be able to give evidence afterwards in a Quebec tour on the Zimbabwe situation. On the mission's return, a report was published in May 1980. More than 18 public evening sessions, 20 or so smaller meetings, and a series of television programs were later staged around the same theme. One may also mention the May 1980 International Congress in Montreal of the Human Rights Federation with the theme, "Break the Silence". One of the three topics tackled by this gathering had to do with the Native peoples of America. Especially studied were proposals related to Native rights. At the same time, this was an effort of education on the living conditions and claims of natives in Quebec, Canada and elsewhere. The League puts out an information bulletin on natives, titled L 'Appui (Support), three times a year. The Commission des droits de l'homme played an active role in organizing a public meeting with the Attikamek and Montagnais Native groups, acting at the re quest of the Mouvement quebecois pour combattre le racisme (Quebec Movement to Combat Racism), that was held in 1980 at the University of Quebec in Montreal. The purpose of this meeting was to make the general public aware of the natives' current situation, their claims, and the challenges they had to face. One may also mention the commission's participation in the courses on native rights given in universities and C.E.G.EP. (Colleges d'enseignement general et professionnel: Colleges of general and professional instruction). In 1980, there were many meetings with such various organizations as the Association des Haitiens (Haitian Association), the Comite haitien de solidarite antiraciste (Haitian Antiracism Solidarity Committee), the Mouvement quebecois pour combattre le racisme (Quebec Movement to Combat Racism), the Centre dioce sain de Hull (Hull Diocesan Centre), the Centre de reference et de promotion sociale pour les Portugais (Referral and Social Development Centre for the Portuguese), and the Centre d'information pour les Espagnols (Spanish Information Centre). CAPE VERDE
Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination)'
The electoral law (Act No. 2/80, of 9 September) gives active and passive elec toral status to all citizens of Cape Verde who fulfil the requirements, which, of course, have no concern with colour, racial descent or ethnic origin. The same applies to government or other posts.
' Report submitted by State (CERD/C/61/Add.5).
40 CHILE
Introduction: general legal framework'
Significant progress has been made in regard to the fundamental bases of the Chilean legal system with the promulgation of the new Political Constitution of the Republic. Within the general legal context of Chile, it is important to stress that the new Constitution, which will enter into force on 11 March 1981, provides full and effec tive guarantees for the rights envisaged in the Universal Declaration of Human Rights proclaimed by the United Nations. In addition to protecting the dignity, equality and freedom of all human beings-which precludes any form of arbitrary discrimination-the Constitution, in the chapter entitled "Bases of the institutional system", includes among the duties of the States "promoting the harmonious in tegration of all sectors of the nation and ensuring the right of individuals to equal opportunity for participation in national life" (art. 1 fifth para.). The same chapter proscribes any act by persons or groups designed to spread doctrines that advocate violence (art. 8). The dissemination of any doctrine or ideology likely to result in the imposition, by violence, of racial discrimination measures or activities would therefore be unconstitutional, and any offences committed in this regard would have to be brought before the Constitutional Court. The new Constitution gives the widest and most comprehensive recognition and protection-even going beyond the provisions of the Universal Declaration-to the fundamental rights and freedoms of the individual in all spheres of activity. Chapter HI ("Constitutional rights and duties") guarantees the right to life and to physical and mental integrity of person, equality before the law and before the courts, respect for and protection of the private and public life and honour of the in dividual and his family, inviolability of the home and of all forms of private com munication, religious freedom, personal freedom and individual security, with all the related substantive and legal guarantees, the right to live in a pollution-free environ ment, the right to protection of health, the right to education, the right to instruc tion, freedom of opinion and information, the right of assembly, petition and association, freedom of employment and access to all public offices and functions, the right to social security, the right to form trade unions and trade union freedom, tax equality, the right to carry on any business activity, freedom from arbitrary discrimination in the treatment accorded by the State and its organs in economic matters and the right to own property and copyright.
I Report submitted by State (CERD/C/651Add.3).
41 42 Part I. National Developments
A. Right to life, liberty and security of person (article 3 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Article 19, paragraph 1, of the Political Constitution: The right to life and to the physical and mental inviolability of the person. The law protects the life of the unborn child. The death penalty may be prescribed only for an offence specified in a law adopted by an absolute majority of all deputies (quorum calijicado). The use of unlawful coercion of all kinds is prohibited. Article 19, paragraph 7: The right to personal freedom and individual security. Accordingly: (a) Every person shall have the right to reside or to stay in any locality in the Republic, to move from one part of the Republic to another and to enter or leave its territory, provided that the rules established by law are respected and that no pre judice is caused to third persons; (b) No one may be deprived of his personal liberty or be subjected to restric tions, except in the cases and in the manner determined by the Constitution and the law.
B. Equality before the law (article 7 of the Universal Declaration; articles 1 and 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Article 19, paragraph 2 of the Political Constitution, affirms in absolute terms the principle of equality before the law. In Chile, there are no privileged persons or groups. A contrario, no one may be discriminated against for any reason what soever. The Constitution adds that neither the law nor any authority may establish arbitrary distinctions. Consequently, any act which violated these constitutional rules would be com pletely null and void, and would be punishable with the legal sanctions applicable to the case. To give effect to this equality, the Constitution in article 19, paragraph 3, guarantees equal protection under the law in the exercise of one's rights. Every per son has the right to legal protection in the manner prescribed by the law, and no authority or individual may impede, restrict or interfere with a due intervention by legal counsel once it has been requested.
2 Ibid. (CERD/C/90/Add.4).
3 Ibid. (CERD/C/90/Add.4). Chile 43
C. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
With regard to procedure, the new Constitution provides for two important legal remedies which may be invoked, as appropriate, by anyone who considers he has been affected by any legal provisions or measures of any kind involving arbitrary discrimination, in so far as they undermine the relevant constitutional guarantees.
(a) Action of unconstitutionality "The Supreme Court, ex officio or at the request of a party, in respect of matters that normally come before it or are brought before it as a result of a remedy invoked in the course of any action before another court, may declare inapplicable in regard to these specific cases any legal provision which is con trary to the Constitution. Such remedy may arise at any stage of the action, and the court may order the proceedings to be stayed" (art. 80).
(b) Remedy ofprotection This is one of the most important remedies for the protection of the constitu tional guarantees under the Chilean institutional system. Originally introduced in Constitutional Act No. 2, it has now been established under the new Fundamental Charter of the Republic. This remedy protects the following rights and guarantees against infringement: the right to life and physical and mental integrity of the person, equality before the law, and the consequential guarantee that "neither the law nor the authorities may establish arbitrary distinctions", the guarantee that nobody may be tried by special bodies but only by the court provided for by law and established in advance by law, respect for privacy and honour, inviolability of the home and of all forms of private communication, religious freedom, the right of everyone to choose the health system to which he wishes to belong, whether State or private, freedom of education, the right to voice opinions and to be informed, the right of assembly and association and the right not to be compelled to belong to an association, freedom of employment, the right to form trade unions, the right to carry on any business, within the limits laid down under the Constitution, freedom from arbitrary discrimination in the treatment accorded by the State and its organs in economic matters, freedom to ac quire ownership of all categories of property, without prejudice to the exceptions provided for under the Constitution and the law and the right to the various aspects of ownership of all categories of tangible and intangible property, and copyright. In addition, the new Fundamental Charter of the Republic, completing the regime of a constitutional State, has established a new high-level collegiate jurisdic tional organ, namely, the Constitutional Court (art. 81).
4 Ibid. (CERD/C/65/Add.3). Part I. National Developments
D. Civil and political rights (articles 13, 15, 17, 18, 19, 20 and 21 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The following rights are guaranteed by the Political Constitution of Chile: the right to nationality (article 10); the right to personal freedom and individual secur ity (article 19, para. 7); the right to form associations (article 19, para. 15); freedom of conscience, belief and religion (article 19, para. 6); freedom of opinion and ex pression (article 19, para. 12); the right to freedom of peaceful assembly (article 19, para. 13).
E. Economic, social and cultural rights (articles 22, 23, 25, 26 and 27 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The following rights are guaranteed by the Political Constitution of Chile: freedom to work (article 19, para. 16); the right to form trade unions (article 19, para. 19); freedom to acquire property of any kind (article 19, para. 23); the right to health protection (article 19, para. 9); the right to social security (article 19, para. 18); the right to education (article 19, para. 10).
, Ibid. (CERD/C/90/AddA). , Ibid. (CERD/C/90/AddA). COSTA RICA
A. Elimination of racial discrimination (article 2 of the Universal Declaration; article 2.1 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
It was in 1967-1968 that measures were adopted "to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it ex ists." They were considerably strengthened when the Pact of San Jose was approved in 1980 and the Constituent Act of the Inter-American Institute of Human Rights (Act No. 6528 of 28 October 1980) signed. An entire preventive legal infrastructure therefore exists to ensure that the undertakings are carried out to the full.
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
As regards work carried out by the National Indigenous Affairs Commission (CaNAl), with a view to defining, directing and co-ordinating the implementation of the comprehensive programmes, projects and activities aimed at improving the living conditions of the country's indigenous population, priority fields were esablished and budgetary provision made under the following headings: 1. Work and production: (a) Agricultural programme; (b) Handicrafts programme; 2. Health and nutrition; 3. Education and training; 4. Census and records; 5. Educational materials workshop; 6. Legal assistance.
I Report submitted by State (CERD/C/91/Add. 11). , Ibid. (CERD/C/91/Add.B).
45 46 Part I. National Developments
c. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The proposal of the present President of Costa Rica that a University for Peace should be established within the United Nations was adopted by the General Assembly in 1980 and the University will be devoted to the dissemination and teaching of, and research on, ideas and disciplines relating to peace and solidarity among men and nations.
'Ibid. (CERD/C/91/Add.1I). CUBA
A. Right to work (article 23 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Decree-Law No. 40 of17 October 1980 on the work contract The first preambular paragraph of this Decree-Law gives the following explana tion. Article 44 of the Constitution of the Republic prescribes that work in a socialist society is a right, a duty and a source of pride for every citizen and that, in providing it, account is taken of the needs of the economy and of society, the preference of the worker and his skill and ability. It should be borne in mind that articles 44 to 48 of the Constitution concern the right to work; equal pay for equal work; rest; an eight-hour working day; a weekly break and paid annual holidays; social security, occupational protection, safety and health. The third preambular paragraph states: "Formalization of the labour relationship through the granting of a labour contract is a factor which makes for a higher degree of organization and discipline in the work process, since, for both parties, the mutual rights and obligations stemming from that relationship and the consequences in the labour realm arising from non-fulfilment of clauses and other agreed conditions are fixed in the contract." The various articles in chapter II on the capacity to enter into labour contracts show that there is no race or sex discrimination of any kind in respect of enjoyment of the right to work; the regulations safeguard this right by ensuring that everyone receives comprehensive educational and vocational training. Article 2 states: "The capacity to conclude a labour contract is acquired at the age of 17, which is deemed to be the age of majority for all purposes of labour legislation." Article 3 provides: "The employment of young persons under the age of 15 years is prohibited and that of persons between 15 and 16 is permitted only when the conditions and requirements are as laid down in the legal provisions governing labour mat ters."
I Report submitted by State (CERD/C/75/Add.2).
47 48 Part I. National Developments
Article 22 states that "contractual conditions involving relinquishment or im pairment of the labour rights of workers recognized by legislation in force are nulI and void".
Resolution No. 550 oj5 November 1980 on rules jor the regulation ojcontracts jor work at home The second preambular paragraph of these rules reads: "Whereas various local industries have organized production of certain goods made by persons working at home, thus creating new sources of employ ment to provide work for retired persons stilI able to make a socialIy useful con tribution, partially disabled persons, persons receiving social assistance, women who are not employed and such other human resources as may be -considered appropriate, for exceptional reasons and with the prior authorization of the Municipal Labour Departments of the Local Organ of People's Power. Other industrial enterprises under national administration which turn out marginal products may do likewise, drawing on these resources of home workers, pro vided that production results in benefits to the national economy." Article 10, in the chapter on labour rights, specifies: "Article 10. Workers who are employed under home labour contracts shall be entitled to have the length of such contracts counted as a period of con tributory service for the purposes of the social security benefits to which they may be entitled if they subsequently work under labour contracts for an indeter minate or fixed period or for the execution of a specific task or piece of work.
B. Right to education (article 26 oj the Universal Declaration; article 5 oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)'
Decree No. 70 oj 28 August 1980 on organization and operation oj the Student Vacation Plan The Student Vacation Plan, implemented soon after the triumph of the Revolu tion, offers primary school pupils, and secondary and higher education students and, in particular, the children of working women a suitable framework for engaging in and enjoying cultural, sporting and leisure activities without discrimination of any kind.
Resolution No. 577 oj 16 September 1980 on the regulation concerning pre-school centres In the Republic of Cuba, everyone is educated, from infancy, in the principle of equality among human beings, as laid down in article 41 of the Constitution and, in conformity with this principle, education is provided and guaranteed for alI children and youth.
2 Ibid. (CERD/C/75/Add.2). Cuba 49
Article 2 of this resolution states: "The aims and objectives of pre-school centres (Cfrculo Injantil) are laid down in the Thesis and Resolution on Children and Youth adopted at the First Congress of the Communist Party of Cuba. Accordingly, pre-school centres are responsible for organizing, directing and systematizing the education of pre school children between the ages of 45 days and five years who are in their care by the application of a scientifically based programme aimed at physical, moral, intellectual and aesthetic training, in conformity with the principles governing communist education of the new generations." Article 4 reads: "The basic objective of the work done by the pre-school centres, in close and continuing association with the other social factors influencing education, is the all-round and harmonious development of the personality from infancy, in conformity with the characteristics of the child's stage of development, capacities and needs, with a view to his entry into school." Article 19 specifies: "Healthy children, between the ages of 45 days and five years, whose mothers are employed in production on in service activities or who need to be admitted for social and economic reasons shall be entitled to enrol in a pre school centre." Thus, the sole requirement for admittance is that the child be healthy and its mother a working woman, and there is no discrimination of any kind.
C. Right to a social and international order in which human rights can be realized (article 28 ojthe Universal Declaration)'
Cuba was the first country to sign, on 6 March 1980, the Convention on the Elimination of All Forms of Discrimination against Women.
3 Contribution submitted by State. CYPRUS
A. Right to security of person (article 30/ the Universal Declaration)'
The Convention on the International Regulations for Preventing Collisions at Sea, 1972 (Ratification) and Related Matters, Law 18 of 1980, provides that any per son who contravenes the provisions of this Law or any regulations made pursuant to this Law or those attached to the Convention is guilty of an offence and for each such offence he is liable to imprisonment for not more than two years or to a fine of not more than five thousand pounds or to both such penalties.
B. Right to an effective remedy; right to a prompt trial (articles 8 and 10 0/the Universal Declaration)'
The principles that should govern the exercise of a Court's discretion in granting or refusing an adjournment have been reviewed recently and at length by Savvides, l., in the cases of International Bonded Stores Ltd. v. Minerva Insurance Co. Ltd. (1979) 1 C.L.R., (p. 557), and reiterated in the case of Manolis Kranidiotis v. Ship Amor (1980) 1 C.L.R., (p. 297), where the position is summed up as follows (p. 294): "It has been repeatedly stressed by our Supreme Court in a number of cases that delays in the hearing of a case are highly undesirable and that ad journments should be avoided as far as possible and that only in unusual cir cumstances must they be granted. The reason for this, is that it is in the public interest that there should be some end to litigation and, furthermore, the right of a citizen to a fair trial within a reasonable time according to the Constitution and the Courts should comply with these constitutional provisions with meticulous care. The discretion of the Court in granting an adjournment should be exercised in a proper judicial manner and an order for an adjournment should not be made if there is danger that the rights of a party before the Court will be prejudicially affected by such adjournment." Reference may also be made to the judgement of this Court in the case of Michael Hjipanayi To/as & Another v. Aglaia Aganthangelou (1980) 1 C.L.R., (p. 560), where the authorities on the principles governing the question of the Court's discretion with regard to adjournments were reviewed.
I Contribution submitted by State.
2 Ibid.
50 Cyprus 51
C. Right to social security (article 22 of the Universal Declaration)3 The object of the Social Insurance Law (Law 41 of 1980) is the repeal of the previous Social Insurance Scheme and its replacement by a new Scheme which pro vides for improved and more comprehensive social insurance. The main characteristic of this Law is that contributions and benefits will be related to the earnings of the insured persons. From the 6th October when this Law came into effect, the pensions granted under the repealed Social Insurance Laws were increased by 40 per cent. The Retirement Allowances of missing State Officers (Special Provisions) Law, 1980, provides for retirement benefits to be paid to the administrators of the proper ty of the State officers who are missing as a result of the Turkish invasion and who would have reached or will reach retirement age according to the Law. In the case of a State officer who is found, the said pension will be paid to him from the date he is found. In the Transportation Allowance to Incapacitated Persons Law, 1980, in capacitated person means a permanently incapacitated citizen of the Republic who by birth or due to a subsequent event is partly or totally incapacitated. His incapacity must derive from a serious distortion or serious mutilation of the legs, total loss of sight or any other connected cause and the transportation of the incapacitated per son for the purpose of attending his work becomes difficult as a result of the nature and degree of his incapacity. The Law sets up a Special Committee responsible for the granting of the transportation allowance as well as a Special Fund which will consist of government grants. The question whether an incapacitated person is entitled to a grant is deter mined by the Special Committee on the advice of the Medical CO,uncil as to the nature and degree of his incapacity. The amount of the grant is determined by the Committee after a detailed ex amination into the financial position of the incapacitated person and his travelling expenses incurred for the purpose of attending his work. On 6 October 1980, a new Social Insurance Scheme was introduced in Cyprus which increased substantially the standard of social security protection for the people of Cyprus. The new scheme has incorporated the previous flat rate scheme in a modified structure and in addition provides supplementary earnings related benefits. Thus the new scheme is divided into two parts: the basic part, correspon ding to the repealed flat rate scheme and the earnings related part.
D. Cultural rights (article 22 of the Universal Declaration)4 The Agreement for Cultural, Educational and Scientific Co-operation between the Republic of Cyprus and Spain (Ratification) Law 1980, ratifies the Agreement
• Ibid. 4 Ibid. 52 Part I. National Developments
signed by the Republic of Cyprus on 9 May 1980 and approved by Decision of the Council of Ministers dated 12 June 1980. The Cultural Agreement between the Government of the Republic of Cyprus and the Government of the People's Republic of China (Ratification) Law, 1980, ratifies the Agreement which was signed by the Republic of Cyprus on 7 July 1980. According to article 1 of the Agreement, the Contracting Parties pledge to encourage co-operation and exchange in the fields of culture, arts, education, news, radio, television and public health, on the basis of equality and mutual benefit and mutual respect for sovereignty. The Agreement on Cultural, Scientific and Technical Co-operation between the Republic of Cyprus and the Syrian Arab Republic which was signed by the Republic of Cyprus on 25 October 1979, and was approved by decision of the Council of Ministers dated 15 November 1979, was ratified by Law 3 of 1980. The purpose of this Agreement is to encourage relations, co-operation and exchange in the fields of education, science, culture, sports and information on the basis of reciprocity and respect of each side's sovereignty.
E. Right to rest and leisure (article 24 of the Universal Declaration)'
Regulations were issued, for the first time, setting weekly and daily limits to the hours of work of motor-vehicle drivers.
F. Right to an adequate standard of living (article 25 (1) of the Universal Declaration)6
Right to adequate housing The Cyprus Land Development Corporation Law (Law 42 of 1980) provides for the setting up of a corporation under the name of "Cyprus Land Development Cor poration". According to this Law the aforementioned Corporation will exercise powers for the acquisition, improvement and disposal of land and buildings in rela tion to housing, town and country planning, the best use of such property for the public benefit and other related matters. The Housing Finance Corporation Law (Law 43 of 1980) provides for the set ting up of a banking institution under the name of "Housing Finance Corporation". This Corporation will exercise powers in relation to the financing of housing mainly by people with low or average income.
Right to health The Health Protection (Smoking Control) Law, 51 of 1980, provides for the taking of measures for the restriction of smoking.
, Ibid. , Ibid. Cyprus 53
The Drugs (Control of Quality, Supply and Prices) (Modification) Law, 30 of 1980, amends the basic law and provides, inter alia, that the Minister of Health is entitled, when fixing the highest price of medical supplies or the highest proportion of profit which one may be allowed to get from the sale of medical supplies, to take into account, when he deems it in the public interest, the existing selling prices of such medical supplies in any foreign country in which the economic conditions and the way of living are similar to those in the Republic.
G. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration)'
The Cyprus Productivity Centre, through its regional/international component, the Mediterranean Institute of Management (MIM), is organizing annually, between September and July, a Post-Graduate Management Diploma Program, which is open to foreign participation. To date, this programme was attended by 30 foreign participants coming from Bulgaria, Ghana, Greece, India, Italy, Kenya, Sudan, Syrian Arab Republic, United Republic of Tanzania, Zambia and Zimbabwe; of these 13 were scholars of the Cyprus Government. The Cyprus Government through the Cyprus Productivity Centre has recently signed an agreement with the office of the United Nations High Commissioner for Refugees, to train 47 refugees from South Africa and Namibia.
H. Right to a social and international order in which human rights can be realized (article 28 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
With regard to implementation of article 2, Law No. 59 of 1980 has been enacted to ratify the Convention on the Prevention and Punishment of the Crime of Genocide. It might be recalled that in accordance with article II of the aforesaid Convention, acts of genocide could be committed against a racial group also. The penalties provided for in section 4 of the above-mentioned ratification law is capital punishment if the act of genocide consists in the killing of members of the group and life imprisonment for any other act of genocide.
7 Ibid. • Ibid. Report submitted by State (CERD/C/91/Add.16). CZECHOSLOVAKIA
A. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 of the International Covenant on Economic, Social and Cultural Rights)'
The principal legal regulations enacted during the period under review are as follows: Act No. 43/1980 (sect. 21O-bigamy), and Act No. 50/1973 concerning foster care, contained in the text of Measure No. 68/1980 of the Government of the Czechoslovak Socialist Republic.
B. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)'
The Government of the Czechoslovak Socialist Republic as well as the Govern ments of the two national Republics, proceeding from the democratic principle of creating equal conditions for the education of all young people, have adopted numerous decisions, such as Nos. 230/1973, 276/1976 and 9111980, which are directed towards increasing the level of education at national schools. Admission to institutions of higher learning is governed by Law No. 39/1980 on the institutions of higher learning and on legal regulations ensuing therefrom. Decree No. 113/1980 of the Ministry of Education of the Czech Socialist Republic and Decree No. 116/1980 of the Ministry of Education of the Slovak Socialist Republic, on the granting of scholarships and contributions to students in the institutions of higher learning.
c. Protection of the interests of authors; freedom of scientific research (article 27 (2) of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
The law provides for all rights of copyright in full conformity with the Bern Convention for the Protection of Literary and Artistic Works, as revised (Paris
I Report submitted by State (E/1980/6/Add.21).
2 Ibid. (E/198213/Add.18).
J Ibid. (E/198213/Add.18).
54 Czechoslovakia 55
1971) and with the Universal Copyright Convention, as revised (Paris 1971), to which the Czechoslovak Socialist Republic acceded on 11 and 18 April 1980, respec tively. The legal norms defining the status of the universities (Law No. 39/80) entrust also the universities with research and instructing teachers to contribute to social and scientific progress through their pedagogical and research work. DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA
Right to health (article 25 (1) of the Universal Declaration)'
The Democratic People's Republic of Korea adopted the Public Health Law based upon the Socialist Constitution on 3 April 1980 at the Fourth Session of the Sixth Supreme People's Assembly of the Democratic People's Republic of Korea. The Public Health Law stipulates that the promotion of public health is a worthwhile and honourable undertaking to protect the life of the people, nature and society. Health is the most precious thing in the world and healthy people actively contribute to society. The Public Health Law ensures complete and free medical treatment to all, pro tection of their health under the preventive medical policy, development of the Juche-oriented medical science and technology, State provision of materials for the development of the public health, the task of medical workers being defined as loyal service to the people.
I Report submitted by State (CCPR/C/22/Add.3).
56 DEMOCRATIC YEMEN
A. Equality before the law (article 7 ofthe Universal Declaration; articles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Article 6 of Act No. 6 of 1980, regulating the legal system, stipulates that citizens are equal before the law. The Social Security Act No. 1 of 1980 makes no distinction between Yemeni and foreign workers with regard to their entitlement to benefits.
, Report submitted by State (CERD/C/106/Add.6).
57 DENMARK
A. Elimination of racial discrimination: development and protection of certain groups or individuals belonging to them (article 2 of the Universal Declaration; article 2.2 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
On the introduction of home rule in Greenland, the home rule authorities assumed responsibility for the administration of Greenland's domestic affairs at the central and local levels. With effect from 1 January 1980 devolution took place with regard to direct and indirect taxes, primary school education, social welfare, a number of cultural ac tivities, and ecclesiastical affairs.
B. Prohibition of incitement to racial discrimination (article 7 of the Universal Declaration; article 4 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The provision governing dissolution of associations practising violence or seek ing to attain their objects by violence, by instigation to violence or by similar punishable influence on dissidents is laid down in the Administration of Justice Act (Consolidated Act No. 1 of 2 January 1980). Section 684 provides: "(1) Furthermore, the provisions of this Part of the Act, regardless whether imposition of punishment is simultaneously claimed, shall apply in cases where the Prosecution claims ... " "(11) dissolution of an association ..." Accordingly, the competence to demand dissolution of an association is vested in the Prosecution. Section 742 provides: "(1) Information about offences shall be laid with the Police. "(2) The Police shall, upon information laid or on its own accord, institute in vestigations where there are reasonable grounds to assume that an offence for which criminal proceedings have been instituted has been committed."
1 Report submitted by State (CERD/C1751Add.5). 'Ibid. (CERD/C/106/Add.9).
58 Denmark 59
According to the provision, any person, regardless of his nationality, may re quest the Police to institute investigations with a view to dissolution of an associ ation. The competence to take definitive decision as to whether a case shall be taken to court lies with the Prosecution.
C. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 of the International Covenant on Economic, Social and Cultural Rights)'
In connection with devolution of special welfare services to district and country authorities, the Social Assistance Act has been amended, effective from 1 January 1980. To ensure that a child can remain in the home in spite of a chronic physical or mental handicap, provision has been made for grants of assistance to meet the addi tional cost involved (sect. 48 of the Social Assistance Act). As of 1 August 1980, all children of compulsory school age will be entitled to free dental care. From 1 August 1981 the dental services scheme will be extended to cover one age class per year of children under compulsory school age until complete coverage has been achieved for all children of or under compulsory school age.
D. Right to an adequate standard of living (right to health) (article 25 (1) of the Universal Declaration; article 12 of the International Covenant on Economic, Social and Cultural Rights)'
It is the duty of the county authorities to make adequate provision for the in stitutional accommodation of severely physically or mentally handicapped adults needing special care, treatment etc. and for accommodation in special homes of fairly young people and people with disorders which require either that they live in specially designed homes or make it necessary that they are admitted periodically for convalescence or treatment (sect. 112 of the Social Assistance Act).
J Ibid. (E/1980/6/Add.15). 'Ibid. (E/1980/6/Add.15). EGYPT
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; articles IV and VI of the International Convention on the Suppression and Punishment of the Crime ofApartheid)'
Egypt has supported and is still supporting materially, diplomatically and in numerous other ways-within the context of its bilateral relations and its member ship in regional and international organizations-the struggle of the peoples of South Africa and Namibia in accordance with the Charter and resolutions of the United Nations. In addition, Egypt accords particular attention to the training of technical and scientific personnel by providing educational facilities and scholarships for students from South Africa and Namibia, as well as extending assistance to refugees. At the thirty-sixth session of the Commission on Human Rights (4 February-14 March 1980), the Egyptian delegation endorsed the recommendations made by the AdHoc Working Group ofExperts on violations of human rights in southern Africa and those contained in the report of the special Rapporteur on the adverse conse quences of assistance given to racist regimes in southern Africa. Egypt also reaffirm ed its full support for the right of the peoples of Namibia and Azania to self determination, and that it will continue to extend every kind of assistance to those peoples and to their liberation movements. Likewise, Egypt has reaffirmed its sup port for the need to impose a comprehensive military and economic boycott on the Government of South Africa to force it to abandon its racist policy and to grant the people of Azania their legitimate rights. Egypt once again called for the withdrawal of South African forces from Namibia and the implementation of Security Council resolutions relating to Namibia. Official quarters and non-governmental organizations celebrate the occasions commemorated by the United Nations to express .solidarity with the peoples of Namibia and South Africa and the victims of racial discrimination, and organize weeks of solidarity with the African peoples. The various Egyptian mass media con sistently highlight such activities.
I Report submitted by State (E/CN.4/1415/Add.7/Rev.l).
60 EL SALVADOR
A. Realization of economic rights (article 22 oj the Universal Declaration; article 1.2 oj the International Covenant on Civil and Political Rights) I
In 1980, El Salvador began a historic process of agrarian reform based on sec tion 3 of the Armed Forces Proclamation of 15 October 1979, which reads: "To adopt measures to ensure the equitable distribution of national wealth and to in crease the gross national product, thus establishing a sound basis for the start of a process of agrarian reform". This was done by Revolutionary Government Junta Decree No. 114, dated 11 February 1980, and published in the Diario Ojicial, No. 29, vo!. 266 (see an nex IV). Effect has thus been given to a complete programme of agrarian reform, which is to be carried out in stages, and which is based on the principles of the free disposal of wealth and of greater justice and provides for land redistribution, with the addi tional aim of guaranteeing employment for the majority of the inhabitants of the Republic. Continuing the process of agrarian reform, the Government issued Decree No. 207, dated 28 April 1980, containing "The Act on the allotment and transfer of agricultural land to those who cultivate it". By means of this Act, the State has ex propriated agricultural land which was not cultivated by its owners themselves so that it could .be occupied and owned at a later stage by those who cultivate it. This Act was in force for one year. However, in view of the need to revitalize the national economy, which has been seriously affected by the violent situation in El Salvador, the Constituent Assembly decided, by Decree No. 6, to suspend the provisions of Decree No. 207, while, however, guaranteeing the rights acquired by those who had benefited from that Decree. It will be provisionally suspended during the cotton and sugar-cane harvests. For those who benefited from it, it will remain in force until the end of this year.
B. Limitation on rights, States of emergency (article 29 oj the Universal Declaration; article 4 ojthe International Covenant on Civil and Political Rights)2
Constitutional guarantees continue to be suspended in El Salvador by exten sions or consecutive ratifications of the suspension of guarantees ordered by Revolu-
I Report submitted by State (CCPR/C/141Add.S). , Ibid. (CCPR/C/141Add.S).
61 62 Part I. National Developments tionary Government Junta Decree No. 155, dated 6 March 1980 and published in the Diario Oficial, No. 47, vol. 266, of the same date, because of the social and political crisis and violence that have reigned in the country since that time. The Decree was maintained in force for a period of 24 months.
C. Prevention of terrorism (article 30 of the Universal Declaration; article 6 of the International Covenant on Civil and Political Rights)'
A present El Salvador is under the regime of the suspension of constitutional guarantees. Cases of treason, espionage, rebellion, sedition and other offences against the peace or independence of the State are within the jurisdiction of the military courts. Consequently, Decree No. 507 (annex V) was enacted on 3 December 1980 and published in the Diario Oficial, No. 228,of the same date, to establish a special regime for the crimes of terrorism and subversion, since the pro cedures established in the Code of Military Justice, which formerly dealt with such crimes, did not meet the needs of the current situation. New and more effective pro cedures have therefore been established. Under the new procedures persons under 16 years of age may also be tried for such crimes.
3 Ibid. (CCPR/C/14/Add.5). ETHIOPIA
A. Elimination of all forms of discrimination (article 2 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In pursuance of the decision of the Commission for Organizing the Party of the Working People of Ethiopia (COPWE), the Provisional Military Administrative Council issued on 16 July 1980 a proclamation establishing at the national level the Revolutionary Ethiopia Women's Association (REWA), and the Revolutionary Ethiopia Youth Association (REYA). The organizing on a nation-wide basis of Ethiopian women, who constitute 50 per cent of the population and the youth, the most vigorous part of the society, is one more historic victory of the Ethiopian peoples' revolution. The REWA, according to the proclamation, will help Ethiopian women in get ting rid of retrogressive customs and practices and enhance their emancipation. The main objective of the proclamation is to abolish any discrimination and oppression on the basis of sex. Through REWA, questions concerning Ethiopian women would receive the necessary attention of the government bodies concerned at the national level, and the exchange of experiences with other nations as well as participation in international organization~, such as the United Nations, would be facilitated. According to the proclamation, the main objective of REYA is to co-ordinate the activities of the youth of the country, raise their political consciousness and facilitate an atmosphere conducive to their active participation in the formation of the Party, and in the social, political and economic life of the country.
B. Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Six months after its establishment, the Commission for Organizing the Party of the Working People of Ethiopia (COPWE) officially commenced its work on 16 June 1980 when its historic First Congress was convened in Addis Ababa. During its four days of deliberations, the First Congress approved membership of COPWE's three main organs, the Central Committee, the Executive Committee,
1 Report submitted by State (CERD/C/73/Add.2). , Ibid. (CERD/C/73/Add.2).
63 64 Part I. National Developments
and the Editorial Board of Serto Ader-a weekly official organ of the Central Com mittee.
C. Right to education (article 26 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Literacy programmes were integrated into broader plans of social and economic reforms in the third phase of the campaign which was launched in May 1980. The services of some 40,000 students and teachers were enlisted in spearheading the drive into the remote corners of the country. The original target of setting free 3 million people, mostly peasants, from the shackles of illiteracy was surpassed by the time the third phase of the campaign was completed early in October 1980. The emphasis during the fourth phase of the campaign, launched in November 1980 was on the eradication of the last remaining vestiges of illiteracy in the urban areas while at the same time launching fresh new drives into rural areas.
3 Ibid. (CERD/CI73/Add.2). FIJI
Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Fiji firmly supports United Nations resolutions on apartheid and advises national sporting organizations against accepting invitations to or from countries practising apartheid.
I Report submitted by State (CERD/C/64/Add.4).
65 FINLA:ND
Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2, 22 and 26 of the Universal Declaration; articles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Education of the Samis in comprehensive schools and higher secondary schools: teaching of the Sami language and culture Sami was included in the Matriculation Examination for the first time in 1980.
Education of the Gypsies The Advisory Board for Gypsy Affairs (1978-1980) appointed from among its members a special Education Section to look into and submit proposals for improv ing the schooling conditions of the Gypsies. On the basis of the proposals submitted by this Section the Advisory Board has considered possibilities of improving pre school and basic education. The Advisory Board has drawn up a memorandum on promoting the education of Gypsy children and on developing the adult education of Gypsies. To teach the Gypsy population the Gypsy language, culture and history, a pro ject, jointly financed by the National Board of General Education and the National Board of Vocational Education, was started in the years 1980-1981 for the produc tion of the following study material: an ABC book, a grammar, a reader and a history of the Gypsies.
I Report submitted by State (CERD/C/76/AddA).
66 FRANCE
A. Prohibition of incitement to racial discrimination (article 7 of the Universal Declaration; article 4 of the International Convention on the Elimination ofall Forms ofRacial. Discfimination),
Decision of the Tribunal de Grande Instance ofParis daied 12 November 1980' The editor of a newspaper with a large circulaton and the author of an article which appeared in this paper were each fined 1,000 francs and ordered to pay damages, for incitement to racial discrimination. The court also ordered that the decision should be published in a number of papers. The article in question contained certain passages indicating the author's belief that there were too many Chinese or Vietnamese nationals in French territory, and that the naturalization of such persons was "ill-advised".
Measures falling within the competence oj the Ministry of the Interior By decree dated 3 September 1980, an association known as the Federation d'action nationale et europeenne (FANE), a pro-Nazi organization which had been engaging in anti-Semitic propaganda, particularly in the press, was dissolved.
B. Right to a social and international order in which human rights can be realized (article 28 of the Universal Declaration)2
France has a traditional attachment to human rights and participates in the preparation of international instruments for their protection. It is therefore a party to the main human rights conventions drawn up under the auspices of the United Nations and the Council of Europe. France ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights on 4 November 1980. Participation by France in most treaties relating to human rights effectively rounds off the French internal system of protection of human rights, since article 55 of the Constitution confers on treaties properly ratified and published an authority superior to that of laws. This provision constitutes a very valid safeguard in the field
I Report submitted by State (CERD/C/90/Add.3).
2 Ibid. (CCPR/CI22/Add.2).
67 68 Part I. National Developments of human rights, since individuals may directly invoke the terms of the treaties before the national courts.
C. Limitations on rights. States of emergency (article 29 of the Universal Declaration; article 4 of the International Covenant on Civil and Political Rights)'
When France acceded to the International Covenant on Civil and Political Rights, the Government made a reservation in relation to article 4, paragraph 1. The wording describing the circumstances under which there may be derogation from the obligations under the Covenant is much vaguer than that of article 16 of the Con stitution and legislation governing states of siege and emergency. To avoid divergences in interpretation, the French reservation states that "the circumstances as set forth in article 16 of the Constitution for its implementation, in article 1 of the law of 3 April 1875 and in the law of 9 August 1849 for declaration of a state ofsiege, in article 1 of the law of 3 April 1955 for declaration of a state of emergency and for the proper application of these instruments, must be understood as complying with the terms of article 4 of the Covenant". The French reservation also specifies the in terpretation to be given to measures taken by the President of the Republic in ap plication of article 16. The expression "to the extent strictly required by the exigen cies of the situation" would not be such as to limit the power of the President of the Republic in taking "the measures required by these circumstances".
3 Ibid. (CCPR/C1221Add.2). GAMBIA
Protection of human rights and freedoms (article 2 of the Universal Declaration)'
The President of the Republic of the Gambia, at the Lusaka Conference of Commonwealth Heads of Government proposed the establishment of a Com monwealth human rights commission consisting of eminent jurists of the Com monwealth. The commission would be a governmental organisation devoted to pro moting the rule of law and protecting human rights in all parts of the Com monwealth. It would investigate allegations of human rights violations in any part of the Commonwealth and would bring to the attention of the Commonwealth Heads of Government acts which revealed a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms requiring their consideration. A Commonwealth Working party which included the Honourable Alhaji M. L. Saho, Attorney General of the Gambia, met in London from 14 to 18 April 1980 to study the proposal and make recommendations.
, Contribution submitted by State.
69 GERMAN DEMOCRATIC REPUBLIC
A. Protection of minorities (articles 2, 7 and 22 of the Universal Declaration; article 27 of the International Covenant on Civil and Political Rights)'
In May 1980, the fifth Festival of Sorb Culture took place in Bautzen in which 595 cultural groups embracing 7,500 members took part. There were .120,000 visitors, many of them from abroad. This also demonstrates that the preservation and promotion of Sorb culture, art and language has increasingly become the joint concern of Sorbs and Germans. In 1980 a Sorb film team waS set up at the DEFA (national film company) which produced and presented its first five films on the life of the Sorbs.
B. Equality before the law (article 7 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The principles laid down in article 20 of the Constitution, according to which all citizens of our country are equal before the law, irrespective of nationality, race, philosophy or religious confession, social origin or position, underly all laws of the German Democratic Republic and are also applicable to the activities of lawyers that are governed by the law on the boards of lawyers of the German Democratic Republic enacted on 17 December 1980. Moreover, according to the Law on the Constitution of the Courts of the German Democratic Republic (Court Constitution Act) of 27 September 1974, lawyers are also obliged to observe the principle of equality for every citizen, including foreign clients, in their work. As a matter of principle, they are bound to protect the rights and interests of foreign citizens in the same way as citizens of the German Democratic Republic.
, Report submitted by State (CCPR/C/28/Add.2).
2 Ibid. (CERD/C/89/Add.l).
70 German Democratic Repnblic 71
C. Right to protection of the law (articles 7 to 11 of the Universal Declaration; articles 14 and 15 of the International Covenant on Civil and Political Rights)'
Due regard given to the experiences gathered so far in the work of the ad vocates' collegia, the precise legal status of advocates has been defined in the Law on the advocates' collegia of the German Democratic Republic enacted on 17 December 1980 (Gesetzblatt I, No. 1/1981, p. 1). It reflects the importance which is attached to the advocates' activity for safeguarding citizens' rights and their legal protection. Detailed provisions (as, e.g., in the Model Statute of the Collegia) regulate the rela tionship between collegium and member (advocate) and between member and client. A major point is, for instance, that advocates do not only defend citizens in criminal proceedings, represent and advise them in legal matters, but are also entrusted with general tasks involved in explaining socialist law and preventing violations of law and legal disputes. In 1980 disputes commissions held more than 80,000 hearings in labour disputes, minor and petty offences, minor civil matters, breaches of regulations and violations of compulsory schooling. These organs of the socialist administration of justice do not have administrative or coercive authority, but the measures which they may impose serve rather the re-education and self-education of the citizens appear ing before them. They are subject to the law and are, like state courts, independent in their jurisdiction. Their organic integration into the system of administration of justice (see articles 92, 94, 95, 96 of the Constitution) entitles the persons involved or the procurator, who watches over legality, to move for the review of a decision or, in certain cases, for the declaration of enforceability of a decision.
D. Freedom of peaceful assembly (article 20 of the Universal Declaration; article 21 of the International Covenant on Civil and Political Rights)'
Article 28 of the Constitution accords all citizens the right to assemble peace fully within the framework of the principles and aims of the Constitution. According to article 28, paragraph 2, the necessary material prerequisites are provided in order to implement this basic right. Accordingly, it is ensured that assembly buildings, streets and places of demonstration, printing firms and means of communication may b'e used for the unhindered exercise of this right. The Decree of 30 June 1980 on the organization ofpublic functions provides the legal basis for the organization of such functions.
3 Ibid. (CCPR/CI281Add.2). , Ibid. (CCPR/CI281Add.2). 72 Part I. National Developments
E. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)'
The orientation given by the Eighth Educational Congress (1978) and the Fifth Conference on Higher Education (1980) determines the policy to be followed in fur ther developing the content of the socialist educational system in keeping with the needs of society. It is the general purpose of that policy to ensure that the basic rights concerned are implemented ever more fully and with an ever higher degree of qual ity, according to the German Democratic Republic's current needs and conditions. This is in the interests of all.
F. Right to take part in cultural life and to enjoy the benefits of scientific progress and the protection of the interests of authors (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
Mention should be made of the law on the Protection of the German Democratic Republic's Cultural Property of 3 July 1980.
, Ibid. (E/I982/3/Add.I5). 'Ibid. (E/198213/Add.I5). GERMANY, FEDERAL REPUBLIC OF
A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Federal Government continues to endeavour to make it possible forgypsies (Sinti) and other migrant groups to lead a life that is as independent as possible of social assistance benefits. They must determine themselves whether they wish to maintain their special customs and mentality or whether they would prefer greater social integration, but without having to renounce their ethnic identity. In the spring of 1980, the Federal Government replied to a memorandum from a Sinti association stating that it agreed to consider claims for reparation, possible ways to facilitate naturalization procedures, adequate housing and activities aimed at reducing the level of discrimination among the general public. The necessary con tacts have been made to implement these measures. A model housing construction project for the Sinti has existed in Freiburg-Weingarten (in co-operation with the city of Freiburg) for some time. Measures are being taken to enforce equal rights for all citizens to eliminate the not infrequent practice of refusing gypsies access to camp sites.
B. Principle of equal treatment (article 7 of the Universal Declaration; article 2 ofthe International Covenant on Economic, Social and Cultural Rights)'
In the Federal Republic of Germany, German and foreign nationals are, as a matter of principle, granted equal treatment in the educational field. However, foreigners are in a less favourable starting position when it comes to training or in tegration in professional life (for example, language difficulties, different educa tional systems and a lack of familiarity with the situation in a host country). Therefore, additional measures such as language courses, assistance to students, training measures, etc., are necessary, in order to take account of the special situa tion of foreigners.
J Report submitted by State (CERD/C/66/Add.27).
2 Ibid. (E/198213/Add. 14).
73 74 Part I. National Developments
Guidelines for measures to improve educational opportunities, in particular for foreign children and adolescents, are set out in the Federal Government Decisions, on the Further Development of the Policy towards Foreigners, of 19 March 1980.
C. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Judgement of Cologne Higher Regional Court of 28 October 1980-1 Ss 650-651/80 Facts of the case In January 1979, 10,000 copies of No. 6/79 of the pupils' magazine "G" were distributed among Cologne schools. This edition contains an article entitled "The G SAGA Part Il" which, using invented names such as Edelwolf for Hitler, indicates that Jews had wormed their way into Governments, stirred them up and forced them into joining in the war against Hitler. Under the heading "Stop Holocaust", the ex termination of 6 million Jews during World War Il is depicted as a "falsification" and as a "6 million legend". The "Holocaust" serial is designated as a horror show in the worst Hollywood style and as part of a terrible campaign of calumniation against the Germans. Young people are called upon to resist such lies. The persons responsible in law for the publication, 19-year-old W. and 18-year-old R, were the accused before the court.
Ruling The sentence handed down by the court of first instance was upheld by the court of appeal. The two accused were found guilty of: (a) Incitement to hatred (Article 130 I (1) of the German Penal Code). It was found that, in distributing the magazine, the accused had stirred up hatred against the Jews: they had emphatically influenced the minds and feelings of others with the aim of engendering or increasing hatred. Against the background of Jewish persecu tion under the National Socialists, even "revelations" relating to historic events could serve to foment enmity against the Jews. By disseminating articles and denying the extermination of Jews during the National Socialist reign of terror, the accused had impaired the human dignity of Jews living in the Federal Republic of Germany. It ranks as part of the personal self-identity of Jews in Germany to be conceived as belonging to a group of persons who suffered a special fate and towards whom all others must cherish a feeling of special responsibility. For each of them, it is precisely respect for this self-identity that forms an important foundation for their life in the Federal Republic of Germany. Anyone who tried to call into question the existence of those events was denying each individual Jew the.personal recognition to which he was entitled. This deed was also liable to disturb public peace. The elements of the offence set out in Article 130 of the German Penal Code did not presuppose that such a disturbance had actually occurred. The court of first instance had quite cor-
, Ibid. (CERD/C/91/Add.3D). Germany, Federal Republic of 7S rectly derived the liability to disturb public peace from the fact that the article in a pupils' magazine with wide circulation was directed towards young persons whose character was still developing and that the article was demanding in tone. (b) Incitement to racism (article 1311 (1) of the German Penal Code). the sentence passed by the court of first instance was a fine of 90 per diem rates for W. and a reprimand plus the order to render 40 hours of social service for B.
D. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
On 19 March 1980, the Federal Government approved a catalogue of measures for the further development of policy on foreign labour. The focal points in voca tional education are: Strengthened educational guidance; A special model experiment programme for the promotion of vocational training in recognized occupations with emphasis on information about and motivation for training, training-integrated assistance, social counselling and assistance, infor mation and educational opportunities for teachers, development of co operation, especially with small and medium-sized companies; Opportunities to make up basic training; Creation of a larger number of special assistance courses at vocational schools, the development of suitable curricula and teaching materials, and improved qualification of teachers, improved provision with materials and personnel, a stronger consideration of the special situation of young foreigners in preparatory vocational measures at schools, particularly in the occupational preparation year, the provision of a sufficient number of training courses at full-time schools leading to occupational qualifications for young foreigners without a previous school qualification; A new special assistance programme for the intensive promotion of disadvantaged juveniles, including young foreigners. The new special assistance programme is intended to give young people taking part in vocational preparation measures the secure prospect of receiving a full course of training. This objective is to be obtained through assistance to young people in inter-firm training facilities. In this context the training contract is concluded either with a company or the organization responsible for the training facility. This assistance is to be given in training phases that are connected with special assistance provided outside the course of training in the chosen occupation. Difficulties which might still stand in the way of on-the-job training are to be reduced through language courses, assistance measures to compensate for learning difficulties and social assistance.
4 Ibid. (CERD/C/66/Add.27). 76 Part I. National Developments
Special importance is attributed to extra-curricular vocational preparation measures. Wherever appropriate school measures are not carried out to prepare young foreigners for vocational training, extra-curricular vocational preparation measures are to be made available. The new "Measures for Vocational Preparation and Social Integration of Young Foreigners (MBSE)" are intended to promote more effectively the occupational and social integration of young foreigners, with the ob jectives of improving their chances of being accepted for training in an occupation and increasing their ability to cope in society. This requires the teaching of occupation-related knowledge and skills, language skills and general knowledge, as well as the provision of social assistance and guidance. GHANA
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The condemnation of racial segregation and apartheid in Ghana is undertaken by the Ghana National Committee on Apartheidwhich was established on 9 January 1970 in conformity with the United Nations General Assembly resolution No. 2307 (XXII) of 13 December 1967. Since the last report in 1977 the Committee has not relented in its activities to combat apartheid. It has used the existing agencies to organize lectures, talks, symposia, debates, seminars, conferences on apartheid, racism and other related questions.
B. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Ifthere should be an occurrence in the country, the Courts will surely award the appropriate damages if the case should come before them. Besides the Courts the Ombudsman Act, 1980 (Act 400) which was enacted"... to make provision for the appointment and functions of the Ombudsman, for the investigation of ad ministrative decisions and acts of officials of the Government and its agencies and for other purposes connected therewith," will empower the Ombudsman to give redress.
I Report submitted by State (CERD/C/911Add.21).
2 Ibid. (CERD/C/91/Add.21).
77 GREECE
Condemnation of racial segregation and apartheid (articles 1 and 2 oj the Universal Declaration; article 3 oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)'
The Greek Government supports the efforts being made by the United Nations to find a solution to the problem of Namibia. It has voted without exception for all resolutions of United Nations bodies on the question of Namibia; it also contributes to the United Nations Fund for Namibia. The Greek Government established diplomatic relations with the legal Govern ment of Zimbabwe in August 1980.
I Report submitted by State (CERD/C/76/Add.I).
78 GUINEA
Elimination of discrimination based on sex; right to a social and international order in which human rights can be realized (articles 2 and 28 of the Universal Declaration; article 3 of the International Covenant on Civil and Political Rights) I
The Government of Guinea has signed and ratified the Convention on the Elimination of All Forms of Discrimination against Women adopted by the General Assembly at its thirty-fourth session.
I Report submitted by State (CCPR/C/6/Ad_d.S).
79 GUYANA
A. Protection of fundamental human rights; judicial and administrative guarantees of due process (articles 2 and 8 of the Universal Declaration; article 2 of the International Covenant on Civil and Political Rights) I
All the civil and political rights referred to in the International Covenant on Civil and Political Rights are substantially protected by the new Constitution, which was promulgated on 6 October 1980 and includes all the fundamental rights and freedoms of the individual entrenched in the former Constitution (1966). Article 8 of the Constitution provides that the Constitution is the supreme law of Guyana and that any other law which is inconsistent with it shall, to the extent of the inconsistency, be void. Under article 15 of the Constitution, the scope of the powers of the courts to enforce the relevant provisions of the Constitution and other statute law ensures implementation of the provisions of the Covenant. Article 153 entitles a person to apply to the High Court, as a court of first in stance, to hear and determine any application he may make in which he alleges that any of his fundamental rights and freedoms has been, is being or is likely to be con travened. Any person has right of access to the courts where such a contravention is alleged, even in relation to another person who is detained. In the exercise of judicial power under article 153, the courts make declarations of violations of rights and award damages in respect thereof. The courts also have express power to issue such orders, writs and directions as they consider appropriate for the purpose of enforc ing or securing the enforcement of any of the provisions of the articles on fundamen tal rights.
B. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)'
The Constitution of the Co-operative Republic of Guyana provides in Part I, chapter Il, article 27, that''Every citizen has the right to free education from nursery to university as well as non-formal places where opportunities are provided for education and training".
I Report submitted by State (CCPR/C/41Add.6). , Ibid. (Ell982131Add.5).
80 Guyana 81
Article 145 of the Constitution of Guyana seeks to promote the right of an in dividual to practise a religion of his choice. The article states: "(1) Except with his own consent, no person shall be hindered in the en joyment of his freedom of conscience, and for the purposes of this article the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance. "(2) No religious community shall be prevented from providing religious instruction for persons of that community. "(3) Except with his own consent (or, if he is a person who has not at tained the age of eighteen years, the consent of his guardian), no person atten ding any place of education shall be required to receive religious instruction or take part in any ceremony or observance if that instruction ceremony or obser vance relates to a religion which is not his own ..." HOLY SEE
Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Holy See renews its adherence to the efforts of the United Nations Organization, aimed at promoting, ,ever more effectively, respect for fundamental rights, the liberty and dignity of each person belonging to any group, without distinction of race, colour, language, belief, sex or any other social or cultural condi tion. The nucleus of papal teaching in this field stands out very clearly in these documents. Their concern is a definite censure of racial discrimination, and a state ment of the need to oppose the scourge of racism in order to promote respect for the rights of the human person. The Catholic Church reacts vigorously against manifestations of discrimination based on race, wherever it is practised, because all peoples and persons have an equal dignity and importance before God. Address by his Holiness Pope John Paul II to the African Community resident in Rome on 2 February 1980: " ... The task is all the more delicate in that a certain number of African countries are also experiencing particular difficulties of their own. Ideological struggles, often brought in from outside, have penetrated certain spheres. In some regions racial discrimination has increased beyond measure, and has right ly aroused strong feelings and condemnation by world public opinion. It has also evoked courageous reactions on the part of the bishops and also of the Ho ly See. My purpose in recalling these things is to emphasize the urgent nature of the work to be done, by Africans themselves, with the proper civic sense, the sense of service to the nation. And agreements already achieved, equitable modi vivendi and truly democratic political and social systems show that it is possible, in spite of obstacles and difficulties met along the way, to unite the living forces in order to build up solid nations, noted for the humaneness of their civiliza tion ..." Address by his Holiness Pope John Paul II to the Diplomatic Corps at Kin shasa, 3 May 1980: " ... You find yourselves, we find ourselves, in the heart of Africa. It is for me an opportunity to inform you of a very strong conviction, and at the same time an imperious necessity. The conviction that no local situation is without
I Reports submitted by State (CERD/C/66/Add.3D; CERD/C/91/Add.17).
( 82 Holy See 83
repercussions on a far vaster scale today; I see as proof of this the events that mark, sometimes painfully, one part or other of the continent, and cannot but wound the dignity of the African soul and even the conscience of humanity. "Is it necessary to recall the problems' linked with raCism, which so many voices have denounced throughout the world, and which the Catholic Church, on its part, condemns most firmly? My predecessors in the See of the Apostle Peter, the Second VatiCan Council and the bishops directly concerned have had many opportunities to proclaim the anti-evangelical character of this practice (cf. among others plus XI: the encyclicalMit brennenderSorge, Nos.. 2-3; John XXIII: the Encyclical Pacem .in Terris, No. 86; Paul VI: message Ajricae Terrarum, No. 17,29 October 1967; allocution to the Kampala Parliament, 1 August 1969). Certain commentators have also stressed my concern to defend on all points human rights, accordiIJ.g to God; I can tell you that, in my opinion, it is by struggling against this. scourge of racism. that I intend to act also to pro mote respect for those rights. Very fortunately, there are signs, such as in Zim babwe, that patient efforts can be a good foundation of realistic hopes ... " Speech by his Holiness Pope John Paul II to the Diplomatic Corps at Nairobi on 6 May 1980: "Another problem on which the truth about man, and about the African in particular, impels me to speak out, is the persistent problem of racial discrimination. The aspiration to equal dignity on the part of individuals and peoples, together with its concrete implementation in every aspect of social life, has always been strongly supported and defended by the Church. During his visit to Africa, Paul VI stated: 'We deplore the fact that, in certain parts of the world, there persist social situations based upon racial discrimination and often willed and sustained by systems of thought; such situations constitute a manifest and inadmissible affront to the fundamental rights of the human person' (To the Parliament of Uganda, 1 August 1969). In his last address two years ago to the Diplomatic Corps &ccredited to the Holy See, he emphasized again that the Church is 'concerned at the intensification of racial and tribal rivalries which foster division and rancour', and he denounced the attempt 'to establish juridical and political foundations violating the principles of universal suffrage and the self-determination of peoples' (14 January 1978). "The truth about man in Africa demands from me on this occasion that I should confirm these statements. And this I do with deep and strong conviction. Progress had been made with regard to some situations, and for this we are grateful to God. But there still remain too many instances of institutionalized discrimination on the basis of racial differences, and these I cannot abstain from exposing before world opinion. Nor let us forget in this regard the need to combat racist reactions which may surface in connection with the migration of people from the countryside to the urban centres, or from one country to another. Racial discrimination is evil, no matter how it is practised, no matter who does it or why...." Address of His Holiness Pope John Paul II to the Jewish Community of Mainz (German Federal ,Republic), 17 November 1980 (L'Osservatore Romano, English edition, No. 49, 9 December 1980, p. 6): "No concrete brotherly relations between Jews and Catholics in Germany assume a quite particular value against the grim background of the persecution 84 Part I. National Developments
and the attempted extermination of Judaism in this country. The innocent vic" tims in Germany and elsewhere, the families destroyed or dispersed, the cultural values or art treasures destroyed for ever, are a tragic proof of where discrimina tion and contempt of human dignity can lead, especially if they are animated by distorted theories of an alleged difference in the value of races or on the division of people into those of 'high worth', those who 'deserve to live', and those who are 'worthless', who 'do not deserve to live'. Before God all men and women are of the same value and importance". Message of His Holiness Pope John Paul II for the World Day of Peace 1981, 8 December 1980 (L 'Osservatore Romano, English edition, No. 52, 29 December 1980, p. 4): "There is no true freedom-which is the foundaticn of peace-when all powers are. concentrated in the hands of a single social class, a single race or a single group, or when the common good is merged with the interests of a single party that is identified with the State". HUNGARY
Right to take part in cultural life and to enjoy the benefits of scientific progress and the protection of the interests of authors (article 27 oj the Universal Declaration; article 15 oj the International Covenant on Economic, Social and Cultural Rights)'
The conditions for contracts for publishing and royalties are governed by Decree No. 1/1970 of the Minister of Education and Culture as amended by Decree No. 2/1980 (IX. IS) of the Minister of Public Education.
, Report submitted by State (E/1982/3/Add.IQ).
85 ICELAND
A. Right to an effective remedy (article 8 of the Uiliversal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
With effect from 1 January 1980, a new post was established in the Ministry of Justice on an experimental basis as a first step towards the establishment of an om budsman of the Althing (Parliament). The responsibilities of the official concerned would include providing guidance to the public on matters falling within the com petence of the judiciary, the police and prison authorities. While the exact scope of the official's powers has yet to be determined, it is expected that useful experience will be gained on the form of institution best suited to Icelandic conditions. The position is not seen as a substitute for an ombudsman of the A lthing and his functions are of an entirely different nature. He is responsible to the Minister of Justice. He does not as such accept claims from individuals but acts as a medium for the investigation of grievances. Upon the authority of the Minister of Justice he is able to obtain information from officials within the auspices of the judicial system. He cannot as such determine that a violation of the law has occurred (since this is the function of the courts), although he can bring to the attention of the authorities in dications that a violation may have taken place. The official has not confined himself to questions involving the executive branch and has provided legal advice on a variety of questions.
B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)2
It can be noted that in connection with the year of the child special study material has been developed, for use in the compulsory education system, on children in developing countries and on the activities of the United Nations. It is designed for use in the fifth year (age 11). Teachers throughout the country have been made aware of the material in co-operation with the Educational Research Division of the Ministry of Education and it is widely used.
I Reports submitted by State (CERD/C/66/Add.7; CERD/C/91/AddA).
2 Ibid. (CERD/C/66/Add.7).
86 INDIA
A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
By resolution No. 3/4/A/80-CHC of 10 May 1980, the Government of India set up a High Power Panel to go into the question whether the benefits of various fiscal policies of the Union and state Governments had really reached the minorities, the scheduled castes and tribes and the weaker sections of society. The High Power Panel will be entrusted with the following functions: to ascer tain whether the benefits of various fiscal policies of both Union and state Govern ments really reach the minorities, scheduled castes and tribes and other weaker sec tions of society; to identify the constraints or bottlenecks which prevent such minorities from fully availing themselves of the incentives, facilities and other en couragements offered; to suggest ways and means to ensure that the benefits of various fiscal policies, incentives, facilities and other encouragements reach them; to make recommendations with regard to other allied matters. The resolution was adopted because it was felt that the benefits of the various fiscal policies of both Union and state Governments did not really reach the minorities, scheduled castes and tribes and other weaker sections of society. The Government of India attaches the highest importance to the full enjoyment by minorities of all incentives, facilities and other encouragements, as well as en titlements such as licences, quotas and loans, to improve their economic conditions.
B. Right to life, liberty and security of person (article 3 of the Universal Declaration; articles 6 and 11 of the International Covenant on Civil and Political Rights)'
Indian criminal law contains provisions for capital punishment for very serious crimes only. The Supreme Court of India has ruled that handing down a sentence of death "ought not to be done save in the rarest of rare cases". (Bachan Singh v. State of Punjab, AIR 1980 S.C.898 at p. 902). However, it is to be noted that even in these instances the death penalty need not necessarily be meted out, for generally other punishments are also provided for the same offence depending upon the cir cumstances of each case.
, Report submitted by State (CERD/C/66/Add.33).
2 Ibid. (CCPR/C/lO/Add.B).
87 88 Part I. National Developments
When the conviction is for an offence punishable with death, the judgement should state the special reasons for such a sentence. The following observation by the Supreme Court will explain the question of "special reasons": "From a reading of SS.354 (3) and 235 (2) and other related provisions of the code of 1973, it is quite clear that for making the choice of punishment or for ascertaining the existence or absence of 'special reasons' in that context, the Court must pay due regard both to the crime and the criminal ... And it is only when the culpability assumes the proportion of extreme depravity that 'special reasons' can legitimately be said to exist." The question of imprisonment is essentially and fundamentally governed by ar ticle 21 of the Constitution which, as stated above, guarantees the fundamental right to life and liberty. Deprivation of personal liberty on the ground of inability to fulfil a contractual obligation falls as well within the purview of this fundamental right. The law of contractual obligation is a part of the Indian law of contract. No person, accordingly, could be imprisoned solely on the ground of inability to discharge a contractual obligation. But in exceptional cases civil arrest may, however, be poss ible subject to the exhaustion of elaborate civil procedure. In any case, a person who intends in good faith to fulfil a contractual obligation, but could not do so because of lack of means, could not be arrested on the ground of inability to perform a con tractual obligation. (Jolly George Vergheese v. Bank of Cochin, AIR, 1980, S.C.475).
C. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
India has been steadily developing its cultural ties with the African countries since independence. India has entered into cultural co-operation agreements with the following countries: Algeria, Arab Republic of Egypt, Guyana, Lesotho, Mauritius, Rwanda, Senegal, Somalia, Sudan, Tanzania, Tunisia, Zaire and Zambia. The cultural agreements with those countries envisage co-operation in various fields such as education, culture, science, medicine, agriculture, radio and television, film and press, art and sports, with a view to promoting activities in these fields. Cultural exchange programmes or ad hoc exchange arrangements are entered into from time to time with these countries. Annex II contains a statement showing the number of scholarships allotted to and utilized by the African countries under the General Cultural Scholarship Scheme of the Government of India for the three years 1977/1978, 1978/1979 and 1979/1980. In so far as schools are concerned, teaching of human rights and fundamental freedoms forms a part of the project for education in international understanding. In addition, the various publicity units of the Government give publicity to human rights aspects through (Hms, programmes on radio and television, articles in the various publications and press releases to the newspapers etc. Human Rights Day is
, Ibid. (CERD/C/66/Add.33). India 89 in fact celebrated every year not only in the schools but also in the universities and colleges and UNESCO clubs and non-governmental organizations. The National Commission for Co-operation with UNESCO ensures co-ordination of the program mes organized by the UNESCO clubs, Universities, State Education Departments etc., under the associated schools project. IRAQ
A. Prevention of discrimination; equal treatment before the law (articles 2 and 7 oj the Universal Declaration)'
National Assembly Act No. 55 of 1980, which is based on a series of fundamen tal and substantive principles-such as complete equality among citizens and be tween men and women-and certain formal democratic practices, stresses the significance of such practices as an indication that the principles of the revolution are being properly applied, with a view to completing the establishment of democratic institutions in Iraq and promoting and enhancing the exercise of democracy in the new society. In keeping with that aim, Legislative Act No. 56 of 1980 concerning the Legislative Council for the autonomous region of Kurdistan was promulgated.
B. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) oj the Universal Declaration)'
Iraqi legislation attaches considerable importance to the social aspect of the life of minors and their educational and cultural needs. Previous laws concerning management of the property of minors concentrated on the financial aspect of the protection and management of such property. Consequently, article 1 ofthe Minors' Welfare Act No. 78 of 1980 indicates that the object of the Act is to ensure the welfare of minors and persons classed as such and to cater for their social, cultural and financial needs, so that they can contribute towards the building of a socialist society. The purpose of this legislation is to set up a highly organized, specialized and ef ficient department known as the "Minors' Welfare Department".
c. Political rights (article 21 oj the Universal Declaration; article 5 oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)'
Article 2 of the Iraqi Constitution embodies the principle that the people are the source of authority and legality. This principle implies the direct or indirect par-
I Contribution submitted by State. , Ibid. , Ibid. Report submitted by State (CERD/CI76/Add.5).
90 Iraq 91 ticipation of all citizens, without discrimination, in the conduct of public affairs and in the exercise of control over the actions of the public authorities. In this context we would draw attention to article46 of the Constitution, and to the National Assembly Act No. 386 of 15 March 1980 under which all citizens, without any discrimination, are entitled to participate in public affairs by voting and standing for election. The provisions of Act No. 55 of 1980, concerning the National Assembly, and Act No. 56 of 1980, concerning the Legislative Council for the Autonomous Region of Kurdistan, emphasize that men and women are equally entitled to the enjoyment of political rights. In particular, women have been granted the equal right to vote and to stand as candidates in elections. Full use was made of the opportunity to exer cise this right in the public elections held in 1980 for the appointment of members of the National Assembly and Legislative Council. Equality between men and women in political and public life can be seen in the organic composition of political, trade union and professional associations and in the fact that women hold ministerial, diplomatic and other high-ranking positions in the Civil Service.
D. Right to social security (article 22 of the Universal Declaration)'
The provisions of the Social Welfare Act No. 126 of 1980 reflect the policy of the Iraqi revolution and its philosophy regarding social welfare. They are derived from the concepts of the political report of the Eighth National Congress of the Arab Baath Socialist Party, the provisions of the Constitution and the spirit of Legislative Act No. 135 of 1977 on the reform of the legal system, which defines the objectives of that system in the field of economic, commercial, civil, administrative, political and penal legislation, and lays down the methodology and timetable for its reform. Article 1 of the Social Welfare Act stipulates that social solidarity, as the fun damental basis of society, calls for each citizen to discharge his duty to society fully and for society to guarantee all the rights of its citizens. Article 2 stipulates that the State shall endeavour to ensure the social welfare of every citizen, during his lifetime, and that of his family after his death. Article 3 indicates that work is a right that the State guarantees to every citizen. Article 4 specifies that state support for families with low or non-existent in come is a provisional obligation that will diminish as the country proceeds with its socialist development. Article 5 indicates that the basic aim of family social security is to safeguard human dignity, avert present and future adverse effects on the family and its children, and enable them to contribute towards the building of society. Article 6 emphasizes that the child is the nation's future. The State therefore caters for the welfare of children in various ways, including the establishment of state hostels. Article 7 stipulates that the State shall endeavour to reduce the phenomenon of disability in society, and shall care for the physically and mentally handicapped by evaluating their abilities, rehabilitating them and placing them in employment com-
, Contribution submitted by State. 92 Part I. National Developments mensurate with their capabilities in preparation for their integration in society. The State also caters entirely for the material, health, social and psychological welfare of totally incapacitated persons. As stipulated in article 8, in the case of the physically and mentally handicapped, the objective of social welfare is to discharge the duty of society and the State towards partially and totally incapacitated citizens, through their rehabilitation and the provision of social, medical, psychiatric, educational, vocational and cultural services to enable them to overcome the effects of their disability. The Act enhances the standing of both the individual and the family and assigns to rural and urban trade unions, professional and co-operative organizations the major role in reorganizing social relationships and gradually integrating the in dividual in the new society.
E. Right to an adequate standard of living (article 25 (1) of the Universal Declaration)'
Decision No. 754 of the Revolutionary Command Council, promulgated on 18 May 1980, raises the ceiling for loans by the Real Estate Bank to persons employed in government service or in the socialist or mixed sectors, and to civilian and military pensioners and employees of national federations and organizations. The decision also cancels interest payments on loans from the Real Estate Bank. Decision No. 755 of the Revolutionary Command Council, promulgated on 18 May 1980, provides for loans to be made to farmers, agricultural workers and owners of agricultural land, provided that they are Iraqis or Arab nationals per manently resident in Iraq, to build themselves houses to live in. Under the terms of Decision No. 765 of the Revolutionary Command Council, promulgated on 18 May 1980, Palestinian Arab citizens resident in Iraq and employed in a government department or in the socialist or mixed sectors were allocated housing allowances. In its Decision No. 1045 of 11 August 1980, the Revolutionary Command Coun cil stipulated a lO-dinar increase in the monthly wage of all workers in government departments and institutions in the socialist sector, thereby increasing the daily wage of unskilled workers to 1.3 dinars. Decision No. 1046 of the Revolutionary Com mand Council also made provision for retired civil servants, to whom it granted an additional amount of 7.5 dinars over and above their current pension and cost-of living entitlements.
, ibid. ISRAEL
A. Prohibition of discrimination or incitement to it (articles 2 and 7 of the Universal Declaration; article 4 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Amutot Law, 1980, dealing with non-profit associations enables two or more persons to become incorporated as a body corporate. Its only substantial restrictions on registration apply to an association whose objectives negate the ex istence or democratic character of the State or where there are reasonable grounds for concluding that the association will be used as a cover for illegal activities. Such illegal activities will include the promotion of and incitement to racial discrimina tion, having regard to the prohibition thereof by sections 133, 136 and 145 (2) of the Penal Law, 1977.
B. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In Bat v. Minister ofReligious Affairs (1980) 34 PD (Ill) 144, the respondent was ordered to convene an Appointments Committee for selecting a member of the Druze Religious Appeals Court. The Appeals Court had been unable to sit for some two years for lack of a full complement of judges. The cause of the delay in making an appointment was an unsettled dispute in the Druze community over a proper can didate. The High Court of Justice rejected the main argument of the respondent that his power or duty to set up the Appointments Committee was subject to considera tions of policy, in this case non-interference in the internal differences of the com munity. The Court held that a distinction existed between the Minister's duty to ap point a Committee and the ability of the latter to make a selection. The Minister's duty had to be exercised or performed regardless of the possible outcome.
, Report submitted by State (CERD/C/861Add.2).
2 Ibid. (CERD/C/861Add.2).
93 94 Part I. National Developments
c. Protection against arbitrary interference with privacy (article 12 of the Universal Declaration; articles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Attention should be drawn to the new Passport Regulations of 1980 which do away with the requirement of providing personal information about ethnicity and religion when applying for travel documents. The only personal information that is now necessary is applicant's sex, date of birth and place of residence.
D. Right to a nationality (article 15 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Nationality Law of 1952 was amended in 1980 to extend the right to nationality by residence to many individuals and their offspring who were residents of Palestine during the British Mandate. This Amendment extends nationality to ad ditional groups of persons including many members of ethnic groups. Section 2 of this Amendment provides that a person born before the establishment of the State shall be an Israeli national if he: (a) was a Palestinian citizen immediately prior to the establishment of the State; (b) was a resident of Israel on 14 July 1952 (the date the Nationality Law was originally enacted) and was registered in the Register of In habitants; (c) was a resident of Israel on the date of this Amendment; and (d) is not a national of one of the States mentioned in section 2A of the Prevention of Infiltra tion Law of 1954. Section 2 of the Amendment also extends nationality to persons born after the establishment of the State by residence in Israel provided: (a) he was a resident of Israel on the date of this Amendment and was listed in the Population Register; and (b) he is a descendant of a person qualifying for nationality under sec tion 2.
E. Freedom of peaceful assembly (article 20 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The right to freedom of assembly was considered in Sa'ar v. Minister ofInterior (1980) 34 PD (11) 169. Barak J., who delivered the main judgement, has stated: "It is well known that the law of the State of Israel recognises the basic human freedoms common to enlightened countries. Among these, the freedom of assembly and pro cession has its place. Whether it is treated as standing on its own or as manifest of the freedom of expression ... it is highly important in fashioning the charac"ter of our democratic regime. The existence of the right .of assembly and procession is one of
, Ibid. (CERD/C/86/Add.2). • Ibid. (CERD/C/86/Add.2). , Ibid. (CERD/C/86/Add.2). Israel 95 the means available to members of the public for voicing their views in matters of state, means which are at times more effective and real than other modes of expres sion ... Nevertheless the freedom of assembly and procession is not unrestricted. It is a relative not an absolute freedom. My right to assemble and go in procession does not mean that I am entitled to enter another's property without his consent or that I may indulge in violence and cause the public peace to be disturbed. As with other freedoms, a balance must be struck between the wish ... to voice one's views in assembly and procession and the wish of the·public to pres'erve ,order and security. Without order there is no freedom. The freedom of assembly does' not mean the disruption of all public order and the freedom of procession does not mean freedom to riot ... The restrictions placed'upon freedom of assembly and procession derive from both private and public law. They are intended to protect the recognized freedoms of the individual of the use of his property and possessions and to his per sonal well-being on the one hand and to safeguard public order and security on the other". The court ordered that a licence for holding the public procession be granted. The logic of the opinion would apply to any group wishing to exercise freedom of assembly, regardless of its ethnic composition.,
\ \ \ ITALY
A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 7 oj the Universal Declaration; article 2.2 oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)'
The Constitutional Court pronounced a sentence in 1980 concerning the actual problems relating to the protection of minorities and to the policies referring to the Slovene minority. Specifically, the sentence does recognize that the Slovene minority situated in the Trieste territory constitutes an "acknowledged" minority and therefore article 134 of the Penal Procedural Code cannot be applied to the persons belonging to this minority, since the article punishes those who, being able to speak Italian, refuse to express themselves in this language. A recommendation submitted in 1980 by a Committee of ad hoc experts to the European Council is an important contribution to the problem of nomadism. This recommendation includes provisions aimed at decreasing the number of cases of statelessness at at harmonizing the laws ofthe Member States of the European Coun cil on the subject.
B. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) oj the Universal Declaration; article 10 oj the International Covenant on Economic, Social and Cultural Rights)'
The amount of the family allowance is fixed by law, varies according to the pro ductive sectors and is differentiated according to whether the spouse and other per sons supported by the worker are involved. The amount of the family allowance has been doubled since 1 October 1980. With a recent law, No. 18 of 11 February 1980, with effect from 1982, a stan dard indemnity was granted to disabled and invalid civilians who are totally in capacitated, including those under 18 years of age, for the purpose of enabling them to remain in the ambit of the family and thus avoiding their commitment to assistance institutions.
, Report submitted by State (CERD/C/l04/Add.2).
2 Ibid. (E/1980/6/Add.3).
96 Italy 97
c. Trade union rights (article 23 (4) of the Universal Declaration; article 9 of the International Covenant on Economic, Social and Cultural Rights)'
Exercise of trade-union rights in the State administration, the armed forces and the police force . The State administration The Workers' Statute contains a provision totally excluding its applicability to employees of the State administration and partially excluding its applicability to employees of non-profit-making public agencies. This provision has been objected to on grounds of unconstitutionality in the light of article 3 of the Constitution, which states that all citizens are equal before the law, and in the light of the ongoing process of partially equating the work re lationship in the public and private sectors. Although the Constitutional Court has not upheld the constitutionality of the provision in question in view of the dif ferences between the two types of labour, public and private, the Court has affirmed that, when identical or similar situations arise in the two sectors and are regulated in an unjustified and inappropriate manner, the question of unconstitutionality may arise. As an example, it has indicated that the prevention of State trade unions from obtaining legal redress in the administrative courts for anti-trade union behaviour on the part of the public sector would be unconstitutional. Finally, with regard to non profit-making agencies, the Court has stated that the provisions of the Workers' Statute are applicable when they form part of and supplement the existing regula tions (Judgement No. 118, 1976). A subsequent judgement of the Constitutional Court noted that legislation regulating the civil service had partially come to resemble legislation on private labour through collective bargaining which, even in formal terms, has become a necessary stage in the process of determining the remuneration of public sector employees in the major categories. It also noted that in future, the trade unions will assist the Government in establishing the rules for civil service labour relations, which will therefore no longer be purely unilateral. However, in examining the non applicability of the "new work procedures" to Government employees, the Con stitutional Court stated that, because of the special disciplinary requirements for Government service employees, the principle of the equality of all citizens before the law cannot justify the simple extension of the safeguards established by the Workers' Statute to the private sector (Judgement No. 118, 1976).
, Ibid. (E/1978/8/Add.34). 98 Part I. National Developments
D. Right to an adequate standard of living (article 25 (1) of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; articles 11 and 12 of the International Covenant on Economic , Social and Cultural Rights)4 Right to adequate food I . ; Concerning the improvement of existing agrarian systems of particular import ance is the ins~itution of the Cassa per la formazione della propieto contadina (Fund forthe formation of farm property), by legislative decree No. 121 of 5 March 1948. This fund, whose activity was also regulated by other successive laws, the latest of which was in 1965 (Law No. 590), grants loans with low interest rates: (a) For the purchase, on the part of farmers, either as individuals or associated in co-operatives, of land intended to form new farms, efficient from the technical economic point of view; (b) For the purchase of land intended to expand farms already in existence. In the first case, the Fund also supplies the necessary technical assistance, both in the first phase of building the hew farm and in the successive phase of land im provement. The.interventions so far carried out by the Fund have permitted the cre ation of more than 14,000 family farms and a large number of co-operatives, with the land being worked in common. Furthermore, the interventions ofthe Fund in the co-operative sector have recently been reinforced by Law Nb. 487 of 23 July 1980. With Presidential Decree No. 327 of 26 March 1980, a new, regulation was issued in execution of the 1962 Law which made the rules covering hygiene-health safeguards even more precise, especially with respect to products for early infancy, dietetic products, food extracts, chemical additives, the use of mineral waters, non alcoholic beverages, parasiticides for agriculture and their residues on foodstuffs.
Right to adequate housing Law No. 25 concerning extraordinary measures ofhighly urbanized zones was adopted on 15 February 1980. It envisages the following types of intervention and relative additional financ ing; (a) .The purchase of housing by the communes in towns with a population of more than 350,000 inhabitants. The' housing is rented in accordance with the equitable rent system to evicted families who have no other living accommodation and whose income does not exceed a certain amount; (b) An extraordinary public building programme: buildings of an economical type in the large metropolitan areas. The houses built remain the property of the communes and, as in the previous case, are rented on the basis of the equitable rent system and are assigned according to priority criteria fixed by the law; (c) Facilitated loans to individual less affluent families who wish to purchase an economical-type home. This measure is also intended to facilitate the purchase of
4 Ibid. (CERD/C/104/Add.2; E/1980/6/Add.31). Ital~' 99 housing already built. The loans are granted at interest rates varying from 4.5 to 9 per cent according to the family's income and can even cover the entire cost of the home. The index-based redemption of the loans enables the purchaser to meet the payments on the basis of an acceptable ratio between payment and effective or figurative income of the home purchased. It is calculated that this programme will facilitate the purchase of about 40,000 homes.
Right to health Considering the importance, from the point of view of human rights, of the system of the supply of health interventions within the framework of the National Health Service, detailed hereunder are the contents and the modalities of the services themselves which have been laid down, while awaiting Parliamentary approval of the National Health Plan, by Law No. 33 of 29 February 1980. This law extended health assistance to all citizens in respect of uniformity and equality. As regards foreigners, Italian legislation distinguishes between those perma nently resident in Italy and those who live in the country, but do not reside there. This rule does not apply to the cases when health services are granted under mutual conditions according to the international agreements subscribed to by Italy (EEC regulations and bilateral agreements). Under Law 33, of 29 February 1980, the foreigners who reside in Italy have the right to register themselves in the National Health Service and may therefore enjoy all the services envisaged in the above mentioned reform. Foreigners not residing in Italy are only granted urgent medical services.
E. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In 1980 the Italian National UNESCO Commission conducted together with SIOI (Italian Society for Internal Organization) an enquiry through a questionnaire to check the level and the means of circulating information in the schools on inter national documents concerning the safeguard of human rights. The questionnaire was filled in by 884 pupils of high schools, located in the north, in the centre and in the south of Italy. In the questionnaire, race figured at the first place in a list of possible forms of discrimination. The answers pointed to a widespread interest in the safeguard and assessment of human rights.
, Ibid. (CERD/C/104/Add.2). IVORY COAST
A. Elimination of racial discrimination (article 2 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Ivory Coast Penal Code, in the form of the draft law adopted by the Coun cil of Ministers and brought before the National Assembly in 1980, contains pro visions that are essential for the struggle against all forms of racial discrimination. Under the Code it is a criminal offence to utter any libel, insult or threat against a group of persons belonging by origin to a given race or a religion. The heavy custodial penalties attaching to this offence will be doubled if it is committed through the mass media. Furthermore, a prison sentence and a heavy fine will be inflicted on anyone who invokes the fact that another person belongs or does not belong to a certain race, ethnic group or religion as grounds for refusing him access to a public place, a job or accommodation or for opposing the exercise of a right. The same punishments will apply to discrimination against any group, association or society or member thereof. Finally, any offence against the person involving inter alia sacrifice, indelible tatooing, filing of teeth or any other action likely to indicate that a person belongs to an ethnic group or a particular community will be punished with the full rigour of the law.
B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Culture and information The meetings of the United Nations and the specialized agencies on the struggle against apartheid, racism and racial discrimination are covered by all the informa tion media, which on each occasion gives them the importance they deserve. It should be noted that at the beginning of 1980 Ivory Coast television put out an entire series of programmes on the racist crimes of the Nazi regime. They were
I Report submitted by State (CERD/C/64/Add.2).
2 Ibid. (CERD/C/64/Add.2).
100 Ivory Coast 101 shown at a peak viewing time and made the public strongly aware of the horror of racial discrimination.
Promotion of United Nations action The Ivory Coast took part in the United Nations Seminar on Political, Economic, Cultural and Other Factors Underlying Situations Leading to Racism, in cluding a Survey of the Increase or Decline of Racism and Racial Discrimination, held at Nairobi from 19 to 30 May 1980.
Multiracial integrationist organizations and movements In 1980 the Ivory Coast Government saw no objection to the establishment in Abidjan of a local branch of the non-governmental international organization Am nesty International. JAPAN
A. Elimination 'of discrimination based on sex (article 2 ofthe Universal Declaration; article 3 of the International Covenant on Civil and Political Rights)'
On the basis of the principle of equality of men and women and in line with the purport of the World Plan of Action adopted by the World Conference of the Inter national Women's Year, Japan has also adopted a "National Plan of Action" to achieve fuller realization of women's rights.
B. Prohibition of torture or cruel, inhuman or degrading treatment or punishment (article 5 of the Universal Declaration; article 10 of the International Covenant on Civil and Political Rights)'
Article 10 Under article 36 of the Constitution, the infliction of torture by public officers and cruel punishment are absolutely forbidden, and although, in the case of lawful physical restraint some basic rights may be limited to the extent necessary, they are never totally withdrawn. The Prison Law and the Enforcement Regulations thereof provide for the treatment of prisoners in several chapters covering their clothing, meals, cells, hygiene, etc., in order that prisoners may be treated with humanity and with respect for the inherent dignity of the human person. It should be pointed out that the Prison Law was enacted in 1908, and the work of revising it is now under way to ensure better treatment as well as to meet the present needs of prison ad ministration. Also, in the field of the administration of immigration control, proper treat ment is given to those aliens interned in immigration centres and, in this respect, nothing is in conflict with paragraph 1.
I Report submitted by State (CERD/C/IOIAdd.I). , Ibid. (CCPR/C/lOIAdd.I).
102 JORDAN
A.' Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Measures adopted to rally public opinion against racism The United Nations Day of Human Rights and the Day of the Elimination of All Forms of Racial Discrimination have been observed in Jordan with a view to focus public opinion on the practices of the racist regime in the occupied Arab ter ritories aI).d in South Africa. Stress in placed on the struggle of the people of those territories for independence. Special directives are always circulated to newspapers, radio and television to propagate the objectives of United Nations recommendations. Special functions are organized at various educational institutions and national centres to highlight the struggle for liberation of the people of the occupied Arab ter ritories and the people of South Africa.
B. Right to a social and international order in which human rights can be realized (article 28 of the Universal Declaration)2
The Convention on the Elimination of All Forms of Racial Discrimination against Women was signed by Jordan in 1980.
1 Report submitted by State (CERD/C/74/Add.2). , Ibid. (CERD/C/74/Add.2).
103 LEBANON
Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In keeping with the tradition of respect for all groups and all minorities, the Ministry of National Education and the Fine Arts endeavours, where school books and, in general, all the publications which it promotes or supervises are concerned, to foster a spirit conducive to understanding, tolerance and friendship among minorities and different groups. The Ministry of Information, which is responsible for radio and television, also applies the same policy in the fields within its com petence and, in the final analysis, this is the policy of the Lebanese State.
I Report submitted by State (CERD/C/65/AddA).
104 LIBYAN ARAB JAMAHIRIYA
Right to an adequate standard of living (right to health) (article 25 (1) 0/ the Universal Declaration)'
A number of measures have been taken in the field ofhealth in 1980 with respect to maternal and child care, environmental and industrial hygiene, prevention of con tagious diseases and medical treatment.
I Contribution submitted by State.
105 LUXEMBOURG
A. Prohibition of racial discrimination or incitement to it: development and protection of certain racial groups or individuals belonging to them .(articles 2, 7 and 22 of the Universal Declaration; articles 2 and 4 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
An Act of 9 August 1980 introduced specific measures to ensure the application of the International Convention on the Elimination of All Forms of Racial Discrimination in cases where the existing provisions of the Penal Code concerning offences against the person might not permit the punishment of various racially motivated offences. Where the existing system of legal protection is not sufficient to prohibit discriminatory acts by individuals or groups, it was considered useful to supplement domestic legislation with the above-mentioned Act. Great care was taken in drafting the Act to ensure that it conformed to the requirements of the Convention. The initial draft, which stated that the acts referred to in the new articles 454 and 455 of the Penal Code were punishable, used the concept of "racial considera tions" as a criterion. However, the Council of State did not think that wording was adequate and stated in its opinion that "The Luxembourg draft does not state clearly what should be understood by 'racial considerations'. In order to avoid any dif ficulties of interpretation, and eliminate the need for constant references to the New York Convention, article 1 of which contains a definition of racial discrimination, it would seem that the articles to be inserted in the Penal Code should be so drafted as to be self-sufficient, by making it clear that the acts referred to are those committed 'on the ground of race, colour, descent or national or ethnic origin'." The Foreign Affairs Commission of the Chamber supported the text amended by the Council of State, considering that it "is broader and more important in scope and no longer runs the risk of remaining a dead letter". The Ministry of Justice urges that articles 454 and 455 of the Penal Code should be rigorously applied even for minor violations. The Government of Luxembourg considers that the new articles also meet the requirements of article 4 of the Convention. The Grand Duchy of Luxembourg has twice amended an agreement with the Portuguese Republic governing the employment of Portuguese workers, and the Second Protocol, ratified on 15 April 1980, considerably improved the status of Por-
, Report submitted by State (CERD/C/72/Add.2).
106 Luxembourg 107 tuguese workers by laying down regulations for their advancement and vocational training, the development of cultural initiatives and the education of Portuguese children.
B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal I!eclaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)2
The entire educational system of Luxembourg encourages understanding, tolerance and friendship among countries and racial or ethnic groups. In Luxem bourg itself the various levels of education are kinC:ergarten, primary school, secon dary school and advanced non-university education. Schools at all these levels are open to the children of school age of any person residing in the Grand Duchy without any differentiation. Generally speaking, pupils of all the ethnic groups are mixed with Luxembourg pupils for all school activities. The Luxembourg authorities wish to avoid the creation of school ghettos. Introductory classes are however organized for the children of recent immigrants in order to familiarize them with the languages in which instruction is given (French and German) and the language of Luxembourg. In addition to the normal programmes, foreign language courses are organized in collaboration with the embassies. They are held in school premises which are made available to the persons concerned free of charge. The acquisition of a secondary school diploma gives both foreigners and Lux embourg citizens the academic qualification required for university studies of which only the introductory year in certain subjects may be completed in Luxembourg. As there is no university in the country, a full university cycle can only be com pleted abroad. The press, which is entirely free, generally adopts an enlightened attitude and makes an effective contribution to denouncing the violation of human rights, in cluding all manifestations of discrimination wherever they occur. Radio and tele vision enjoy a very high degree of independence. However they are forbidden to broadcast programmes that are contrary to the law and public policy. They also take a stand that encourages understanding and friendship among countries and different ethnic groups and they produce special broadcasts for immigrant workers in their own language. The Luxembourg United Nations Association and the Luxembourg Committee for UNICEF have just set up an information office where any individual or organization may obtain documentation on the important concepts defended by the United Nations, and they distribute United Nations publications both to the public and in schools. Non-governmental organizations, such as Amnesty International, are very active and promote the ideals of the United Nations, particularly with regard to discrimination and similar practices. The non-governmental organizations which are fighting for the protection of human rights very frequently receive govern ment grants.
2 Ibid. (CERD/C/721Add.2). MADAGASCAR
Right to work; right to just and favourable conditions of work (article 23 of the Universal Declaration; article 7 ofthe International Covenant on Economic, Social and Cultural Rights)'
Decree No. 80-148 of 18 June 1980 fixes minimum wages for newly recruited staff and senior staff by professional category.
I Report submitted by State (E/1978/8/Add.29).
108 MAURITIUS
Right to work (article 23 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Mauritius has achieved a lot of progress since Independence in 1968, but its main economic problem is unemployment specially since it is an overpopulated country with scarce resources. As all countries it is a victim of world recession. As yet there is no generalized social tension caused by unemployment and economic pro blems have not promoted racial discrimination. One of the latest measures taken by the Government has been to set up a Central Training Office to deal with vocational and technical education and industrial training. The Central Training Office Act was adopted in 1980.
I Report submitted by State (CERD/CI75/Add.S).
109 ,-MEXICO
A. Condemnation of racial segregation and apartheid; right to a social and international order in which human rights can be realized (articles 1, 2 and 28 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Mexico ratified the International Convention on the Suppression and Punish ment of the Crime of Apartheid in 1980.
B. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)'
Among the legal provisions relevant to the right to education, mention can be made of the Rules for Parents' Associations, 2 April 1980, Official list oferrata in rules for Parents' Associations, 14 April 1980, whjch concern the right to choice of school. As regards the liberty to establish and direct educational institutions, reference can be made to the Agreement No. 44 empowering the Under-Secretary for Educa tional Planning of the Ministry of Education to sign documents granting, revoking or withdrawing,as the case may be, authorizations or official accreditation of courses of study given by private persons, 19 June 1980.
C. Right to take part in cultural life (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
Regarding the right to the freedom of scientific research and creative activity, agreement No. 49 establishing the rates of royalties to be paid to performers for the use of gramophone records at public performances for purposes of profit was adopted on 8 October 1980).
I Report submitted by State (CERD/C/631Add.l).
2 Ibid. (El1982/31Add.8).
J Ibid. (E/1982/31Add.8).
110 NEPAL
Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Nepal being an active member of the United Nations has always actively pro pagated the ideals enshrined in the various United Nations instruments concerning human rights and racial discrimination. The commitments of Nepal on the question of human rights and social discrimination receives special attention on occasions like United Nations day, Human Rights day etc., during which the ideals of these days are highlighted through mass media, radio, newspapers, meetings, etc. The Institute of Humanities and the Institute of Law have included in their degree and diploma courses subjects like humanitarian law and human rights etc. Besides, even school-level textbooks contain lessons concerning fraternity, brotherhood, peace, and progress among fellow students and the people of the world at large. Substantial numbers of voluntary organizations, whose approaches differ, are working in the field ofsocial services whose activitip.s are in one way or another help ing to create on atmosphere of love, affection, service to others and above all na tional integration
I Report submitted by State (CERD/C/65/Add.6).
111 NETHERLANDS
A. Prohibition of discrimination or incitement to it (articles 2 and 7 of the Universal Declaration; article 4 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 20 of the International Covenant on Civil and Political Rights)' A bill has now been submitted to the Lower House of Parliament to make the penal provisions against racial discrimination more severe. This aims, in particular, to enable more far-reaching measures to be taken against persons practising racial discrimination in the exercise of an occupation or business. The decision of Amsterdam District Court of 8 March 1978 concerning the Nederlandse Volksunie (an extreme right-wing political party), in which the Court found that the NVU was an illegal organization but rejected the Public Prosecutor's application for its dissolution pursuant to articles 15 and 16 of Book 2 of the New Civil Code, was followed by a Supreme Court ruling on 9 March 1979. Among the Supreme Court's findings was the following: "As the District Court has rejected the application for dissolution, there is no rule of Law under which the District Court's judgement that the NVU is an illegal organization can be held binding on any civil court giving judgement in another case. Nor will the criminal courts be bound by it if the Public Pro secutor brings a case under article 140 of the Criminal Code."
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2, 22 and 27 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 27 of the International Covenant on Civil and Political Rights)'
The year 1980 was important for the development of policy on ethnic minorities. A major event during this period was the publication of the Ethnic Minorities report by the Advisory Council on Government Policy. The report con tains a study of policy on ethnic minorities in recent years and makes a number of recommendations on future policy. In May 1980, the Government issued a provisional statement adopting the main recommendations.
I Report submitted by State (CERD/C/751Add.6; CCPR/C/lOlAdd.3). , Ibid. (CERD/CI751Add.6; CCPR/C/IOIAdd.3).
112 Netherlands 113
In the Government's reply to the Ethnic Minorities report, it accepted the idea that the Netherlands was now a multi-cultural community, in which ethnic minorities would occupy a permanent place. Minorities policy must therefore concern itself primarily with society as a whole, seeking to bring about changes there. The majority must allow the minorities to develop in their own way as equal members of society. Government policy is to encourage mutual accommodation between them. Cultural minorities are expected not to isolate themselves too much but to take an active part in the development of society as a common undertaking. Much of the thrust of government policy is to combat disadvantage (e.g. in education, housing, legal status, employment, medical care and welfare), but more attention than hitherto is also going to be focused on relations between minorities and the majority, including measures to combat and prevent discrimination.
Immigrants from Suriname and the Netherlands Antilles The Centres for Occupational Orientation and Training have increased in number. The Ministry of Social Affairs assumed responsibility for them on 1 January 1980. They are now open to other cultural minorities in addition to im migrants from Suriname and the Netherlands Antilles.
Workers from the Mediterranean region In 1980 the circular on the implementation of adult education measures was sent to the municipalities. Workers from the Mediterranean region in particular have made much use of the arrangements under which subsidies may be requested from the Ministry of Justice, the Ministry of Social Affairs and the Ministry of Cultural Affairs, Recreation and Social Work for literacy programmes and education. In 1980 the working party set up several years ago to examine the main problems regarding the legal status of aliens received a subsidy from the Ministry of Cultural Affairs, Recreation and Social Work towards the cost of appointing staff. The work ing party is preparing a survey of problems which arise in the application of Dutch laws and regulations to foreign workers. A number of provisions of the Primary Education Act, which were drafted in 1974, entered into force in 1980. The provisions lay down that where there is a living, regional language in addition to Dutch, the subjects "reading" and "Dutch" shall be extended to include some knowledge of the regional language and that the cur riculum for schools in Friesland shall include the subject "Frisian".
C. Prohibition of torture and cruel, inhuman or degrading treatment or punishment (article 5 of the Universal Declaration; article 7 of the International Covenant on Civil and Political Righs)'
A bill to revise the Constitution to include a provision concerning the right ofin violability of the person has been introduced.
, Ibid. (CCPR/C/lO/Add.3). 114 Part I. National Developments
D. Principle of equal treatment (article 7 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 26 of the International Covenant on Civil and Political Rights)'
The proposals to amend the Constitution which have had their first reading in Parliament (Act of 9 May 1980, Stb. 268), and which seek to remove obstacles to voting in elections by foreign residents, have yet to receive their second reading, after which additional legislative measures will have to be devised to make it possible for such persons to vote in municipal council elections. The Electoral Council has been asked to advise on this question. In 1980, Utrecht Cantonal Court pronounced five convictions on owners and doormen of bars and discotheques pursuant to article 429 quater for refusing admis sion on racial grounds. Three interlocutory injunctions were also granted by the District Court forbidding the owners of four discotheques to refuse admission to the plaintiffs, who were of Surinamese and South Moluccan origin, on pain of forfeiting a recognizance of f. 1,000 for each offence. As part of the Government's policy on the advancement of women, and under the influence of directives of the European Economic Community (EEC), a number of Acts and amendments to Acts have been or are to be introduced in order to eliminate or prohibit discrimination. The EEC directive of 9 February 1976 incorporates the principle of equal treat ment for men and women in relation to access to employment, including chances of promotion, vocational education and conditions of employment. Anti discrimination legislation has now been introduced to implement the 1976 EEC directive in certain important areas, namely employment and vocational education: the Equal Treatment of Men and Women Act (l March 1980, Staatsblad No. 86), which forbids employers, among other things, to discriminate between men and women when entering into a contract of employment, entered into force on 15 March 1980. Neither this Act nor the Equal Pay for Men and Women Act applies to the civil service, which is covered by the Equal Treatment of Men and Women in the Civil Service Act of 2 July 1980 (Staatsblad No. 384). The third EEC directive, which forbids direct and indirect discrimination in the field of social security, was issued in 1978. Provisions are accordingly in preparation to remove direct and indirect discrimination from social security legislation. On 17 July 1980 the Netherlands signed the Convention on the Elimination of All Forms of Discrimination against Women. Preparations are under way which will lead to its ratification by the Netherlands.
4 Ibid. (CERD/C/751Add.6; CCPR/C/IOiAdd.3). NEW ZEALAND
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
New Zealand does not maintain military links with South Africa. A voluntary arms embargo was imposed in 1971, but New Zealand has now promulgated the United Nations Sanctions (South Africa) Regulations 1980 to implement Security Council resolution 418 of 4 November 1977. These Regulations prohibit the direct or indirect export to South Africa of, inter alia, weapons, ammunition, military vehicles and equipment, paramilitary and police equipment and related materials of any type, including spare parts for such goods.
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 27 of the International Covenant on Civil and Political Rights)'
The actual preservation of Maori artifacts and historical sites is governed by the Antiquities Act 1975 and the Historic Places Act 1980. The Historic Places Act 1980 invests the Historic Places Trust with the power to protect all historic places, including archaeological sites over lOO years old. No such site can now be worked or interfered with, without the consent of the Trust. The Act provides a right of appeal for those directly affected by a Trust decision. The Com mittee for the Conservation of Cultural Property is active in the education and train ing of conservators, with some emphasis on the direct involvement of Maoris in the conservation of their ethnological heritage. Other relevant legislation that should be mentioned includes the successive Maori Purposes Acts, all of which have been enacted with the aim of furthering the interests of the Maori community in some way or other. A number of Maori and Pacific Island programmes have been introduced into both public and private radio. At present, the emphasis is on news with Maori bulletins being broadcast each day on Radio New Zealand and bulletins in Samoan, Niuean, Tongan and Tokelauan being broadcast twice a week. Programmes of
I Report submitted by State (CERD/C/48/Add.JO). , Ibid. (CCPR/C/JO/Add.6).
115 116 Part I. National Developments
Polynesian music and art are occasionally broadcast in Maori while "the Maori Pro gramme" is broadcast weekly in English to give non-Maori listeners an understand ing of Maori values and traditions. Private radio stations have also begun to air more Maori and Polynesian programmes. The best example is Radio Pacific, an Auckland based radio station, which sets aside a number of time slots each week for program mes in Maori and many of the Polynesian languages as well. In the area of television, considerable effort is being made towards catering for minority cultural groups and interests although there is still some way to go before the two-channel system can fulfil this role with complete satisfaction.
C. Treatment of offenders (article 5 of the Universal Declaration; article 14 of the International Covenant on Civil and Political Rights)'
There are special statutory provisions relating to proceedings in the Children and Young Persons Court which are to be held in private. Exceptions within the terms of the article relate to proceedings under, inter alia, the Family Proceedings Act 1980 (sects. 159 and 169).
D. Right not to be subjected to arbitrary arrest or detention (article 9 of the Universal Declaration; article 15 of the International Covenant on Civil and Political Rights)'
Prior to the enactment of the Criminal Justice Amendment Act 1980, it had not been necessary to pass specific legislation to cover all the contingencies outlined in article 15. It is a general principle of the common law that New Zealand Courts should apply the maxim nulla poena sine lege-raising a presumption against penal legislation being interpreted as having retrospective effect. No statute is interpreted as having retrospective effect unless such an interpretation appears necessary in the terms of the Act. However, section 22 of the Criminal Justice Amendment Act 1980 was enacted to ensure that New Zealand law was entirely in accordance with the terms of article 15.
E. Protection against arbitrary interference with privacy (article 12 of the Universal Declaration; article 17 of the International Covenant on Civil and Political Rights)'
The Evidence Act 1908 forbids the divulgence in Court of certain private infor mation given or received in confidence. A confession made to a minister ofreligion is privileged and cannot be given in evidence without the consent of the person making the confession. Communications between a lawyer or patent attorney and his client
, Ibid. (CCPR/C/lO/Add.6).
4 Ibid. (CCPR/C/lO/Add.6). 'Ibid. (CCPR/C/IO/Add.6). New Zealand 117 and between a medical practitioner and his patient are also regarded as privileged. Details are set out in sections 31 to 34 of the Evidence Amendment Act (No. 2) 1980. Section 35 of the Act gives a general discretion to the Court to excuse other witnesses from giving any particular evidence. It provides that the Court may excuse any witness from answering any question or producing any document on the ground that to supply the information or produce the document would be a breach by the witness of a confidence that, having regard to the special relationship existing be tween him and the person from whom he obtained the information or document, the witness should not be compelled to breach. Interference with familial relationships is governed by the rules of family law, Le. the legal rules relating to separation, divorce, custody, guardianship, etc. The provisions in the Family Proceedings Act 1980 regarding non-molestation orders are particularly relevant. Part XI of the Family Proceedings Act 1980 makes provision for the grant of a non-molestation order on application by a husband or wife where such an order is necessary for the protection of the applicant or any child of the ap plicant's family.
F. Freedom of movement and residence (article 13 of the Universal Declaration; article 12 of the International Covenant on Civil and Political Rights)'
The Summary Proceedings Act 1957 (section 185) for example provides among other things for the arrest and detention of a witness who has been summoned to give evidence at the trial of an indictable offence and who is about to leave New Zealand. An analogous section is found, inter alia, in section 134 of the Family Proceedings Act 1980 (arrest of a person about to abscond to evade maintenance obligations). The rules relating to passports are also indirectly relevant for, although their issue is not required under any New Zealand law or practice as a condition for the holder leaving New Zealand, the entry requirements of most other countries require the production of a passport before entry is approved. Refusal of the issue of a passport might well mean that the applicant's overseas journey would be pointless. The rules for the issue of New Zealand passports have recently been reviewed and the Passports Act 1980 provides that, except as provided in the Act, every New Zealand citizen is entitled as of right to a New Zealand passport.
G. Marriage law; protection of the family (article 16 of the Universal Declaration; article 23 of the International Covenant on Civil and Political Rights)'
New Zealand law recognises that the family is the natural and fundamental group unit of society. The importance of the family status is particularly emphasized in such legislation as the Family Proceedings Act 1980.
6 Ibid. (CCPR/C/lO/Add.6).
7 Ibid. (CCPR/C/IO/Add.6; CCPR/C/IO/Add.lO). 118 Part I. National Developments
The procedures required under the Marriage Act ensure that New Zealand law complies with article 1 of the Convention on Consent to Marriage etc. which reads: "No marriage shall be legally entered into without the full and free consent of both parties, such consent to be expressed by them in person after due publicity and in the presence of the authority competent to solemnise the marriage and of witnesses as precribed by law." Furthermore, section 31 of the Family Proceedings Act provides that a marriage is void ab initio where by reason of duress, mistake or insanity or for any other reason there was at the time of the marriage an absence of consent by either party to marriage to the other party.
Other provisions enacted in recent years to promote the concept of equality of the spouses include Part VI of the Family Proceedings Act relating to maintenance "'hich applies equally to husbands and wives.
Section 12 of the Guardianship Amendment Act 1980 provides that regardless of the age of a child, there shall be no presumption that the placing of a child in the custody of a particular person will, because of the sex of that person, best serve the welfare of the child.
The Family Proceedings Act, among other things, substantially amended New Zealand's divorce laws by reducing the grounds for divorce to one, namely, that the marriage has broken down irreconcilably. The protection of children on dissolution of marriage is provided for in Part V of the Act.
It is also provided that in any proceedings under the Act (not being criminal pro ceedings) a Court shall consider whether it should appoint a barrister or solicitor to represent a child who is involved in the proceedings and, where it considers it should do so, it shall appoint a barrister or solicitor accordingly. Anyone appointed under this section may call any person as a witness and may cross-examine witnesses called by any party to the proceedings (section 162).
In any proceedings under the Act relating to a child, the Court may request a social worker to submit to the court a written report on the arrangements that are proposed by the parties for the custody, maintenance and welfare of the child and on any other matter that is relevant to the child in the proceedings and the social worker shall report accordingly, giving evidence if required.
Section 31 of the Family Proceedings Act 1980 (N.Z.), which provides that a marriage is void ab initio where by reason of duress, mistake or insanity or for any other reason there was at the time of the marriage an absence of consent by either party to marriage to the other party, is therefore also applicable in Niue. The Tokelau Divorce Regulations 1975 gives to the High Court of Niue the same jurisdiction as the High Court of New Zealand in proceedings for nullity of marriage or of dissolution of a voidable marriage. Section 31 of the Family Proceedings Act 1980, which provides that a marriage is void ab initio where by reason of duress, mistake or insanity or for 'any other reason there was at the time of marriage an absence of consent by either party to marriage to the other party, is therefore also applicable in Tokelau. New Zealand 119
H. Freedom of opinion and expression (article 19 of the Universal Declaration; article 19 of the International Covenant on Civil and Political Rights)'
A Committee on Official Information was set up recently by the Government to contribute to the larger aim of freedom of information by considering the extent to which official information can be made readily available to the public and in par ticular to examine the purpose and application of the Official Secrets Act. The Com mittee, in its general report presented in December 1980, stated that the case for more openness in government is compelling. It rests on democratic participation in public affairs, on accountability, on a concern for the interests of individuals, and on the effectiveness of government. Following the recommendations of the Committee, the Government has re cently introduced an Official Information Bill which, if enacted, will repeal the Of ficial Secrets Act, and enact a statutory presumption that official information is to be made available to the public unless there is good reason for withholding it. Reasons for withholding information include the likelihood of prejudice 10- the security, defence, or international relations of New Zealand, the maintenance of law and order, and the protection of the privacy of the individual. Criminal sanctions are retained against espionage, and other wrongful use or disclosure of official informa tion.
• Ibid. (CCPR/C/IO/Add.6). NICARAGUA
Introduction: general legal framework'
Over the period of nearly two years in which it has been in force, the Fundamen tal Statute has been amended twice: firstly by Decree No. 374 of 16 April 1980, modifying article 16, dealing with the number of organizations that make up the Council of State, and secondly by Decree No. 406 of 10 May 1980, relating to the composition of the members of the Government Junta. The legislative powers of the Government Junta are exercised by means of laws, a distinction being made between those that have to be referred to the Council of State and laws, decree laws, regulations and other provisions which the Government Junta can enact without referral to the Council (Decree No. 388 of 2 May 1980, arts. 20-29). The Revolutionary Government, aware that a code or an entire legal system could not be done away with by a mere decree, has left the Penal Code of 1974 in force, but from the very day on which it took office it began to issue decrees and enact laws for the benefit of the people and of society.
Decree No. 290 of12 February 1980, Trade in Precious Metals Act Penalties are established for persons who contravene the provisions of this Act, and special proceedings are established for trying cases and applying penalties. This may be considered a special law.
Decree No. 370 of 4 March 1980, Act to Prevent and Combat Flight of Capital from the Republic As its name indicates, this Act sought to put an end to the flight of capital and at the same time prevent owners of companies from cutting back on production. Its excessive formalism has meant that it cannot be applied.
Decree No. 372 of 17 April 1980, Commutation ofForced Public Labour Act Sentences of forced public labour for certain offences may be commuted into fines.
Decree No. 449 of24 June 1980, Cadets Protection Act This was enacted because of the threats to the cadets who travel the length and breadth of Nicaragua on the National Literacy Crusade.
I Report submitted by State (CERD/C/14/Add.2).
120 Nicaragua 121
The ordinary courts try these cases (criminal judges) and, once guilt is estab lished, a jury made up of the judge, two members appointed by the Municipal Government Board and another by the Ministry of the Interior hear the case.
Decree No. 559 of3 November 1980, Sandinista Police Jurisdiction Act The police are granted jurisdictional powers to apply the police regulations and laws through police examining magistrates. The police may release an offender within 24 hours if he is found innocent, or hold him for six days for further investigation. In the case of drug trafficking or cattle stealing, the police magistrates may impose penalties of six months to two years if the person is a persistent offender and has succeeded in evading the ordinary legal authorities.
Decree No. 579 of 8 December 1980, Misappropriation, Fraud and Embezzlement Act This Act repeals article 407 and amends articles 435,412,415 and 417 of the cor pus juris. It increases the penalties and clearly defines the offences.
Decree No. 591 of 18 December 1980, Organizational Act for the Military Courts and Provisional Military Criminal Procedure This Act deals with the procedure for initiating military criminal proceedings and is applicable throughout Nicaraguan territory. The Military Courts are made up of the military assessor, and military judges and prosecutors. The judgements are open to appeal, to be heard by the Supreme Court of Justice with additional military members. The Act is, in effect, a Code of Military Criminal Procedure.
Decree No. 600 of23 December 1980, Military Offences Provisional Act This complements the foregoing.
A. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 26 of the Universal Declaration; article 2.2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 27 of the International Covenant on Civil and Political Rights)'
One of the primary concerns of the Revolution, on coming to power, was to in corporate groups of the Atlantic Coast of Nicaragua, Miskitos, Sumos and Ramas, into national life. A Nicaraguan Institute for the Atlantic Coast was accordingly set up with the specific task of integrating the population of the Atlantic Coast into the development of the country; its activities are co-ordinated with those of other state bodies such as the Ministry of Education, as regards the implementation of the
2 Ibid. (CERD/C/45/Add.3; CERD/C/103/Add.l; CCPR/C/14/Add.2). 122 Part I. National Developments literacy campaign (involving the use of special readers in English and Miskito); the Ministry of Health, which is setting up health centres to provide assistance even in the most isolated areas; and the Ministry of Transport and Construction, as regards the building of roads into the interior so as to improve access to and from these areas. The foregoing activities are also co-ordinated with the Ministry of Agricultural Development, which is implementing a global agrarian reform project. The efforts being made by the Ministry of Culture to preserve the cultural heritage of these ethnic communities should also be mentioned. In this spirit, the Government Junta of National Reconstruction, in an amend ment to the Fundamental Statute of the Republic, made provision inter alia, under Decree No. 374 of 16 April 1980, for the inclusion of a representative of the Associ ation of Miskitos, Sumos and Ramas (MISURASATA) in the Council of State. The Government Junta for National Reconstruction, under Decree No. 291 of 13 February 1980, decided to create the Nicaraguan Institute for the Atlantic Coast (INNICA), and later, under Decree No. 387, to elevate the Director to the rank of minister. It was resolved under Decree No. 571 of 25 November 1980 to embark on a literacy crusade in the language of the ethnic minorities, intended to complement the National Literacy Crusade in Spanish conducted throughout Nicaragua during that year. The "integral resettlement" project, has been under preparation since 1980 with the following objectives: (a) To guarantee prospects for the economic and social development of the Miskito communities and thereby to establish a material basis of equality for the whole country which will put an end to segregation. This goal was in conformity with the Declaration of Principles announced by the Government Junta of National Reconstruction and the National Directorate of the FSLN in August 1981. In this document, which has been incorporated into domestic legislation, recognition is granted to the right of the indigenous com munities of the Atlantic coast to participate in the benefits deriving from the ex ploitation of natural resources. (b) To improve their standard of living, on the basis of the principle that the liv ing conditions of the indigenous communities are directly related to the economic development of the region, which is accordingly being promoted. (c) To foster the cultural development of the Miskito people and the other ethnic minorities.
B. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)J Domestic legislation has instituted a series of effective remedies to enforce the rights and guarantees established. Despite the exceptional situation of national ] Ibid. (CERD/C/I03/Add.l). Nicaragua 123 emergency which exists in Nicaragua owing to the constant acts of aggression that threaten its territorial integrity and the stability of community life, the liberality of the provisions promulgated is rare in the concert of nations. Furthermore, on 4 January 1980, the Government of the Republic of Nicaragua promulgated the Freedom and Personal Security Protection (Amparo) Act (Decree No. 232), in which are established the legal means of exercising the right of amparo in relation to freedom and security of person. Subsequently, on 28 May 1980, the Amparo Act (Decree No. 417) was promulgated, amending the previous Act and expanding the guarantees accorded to citizens to protect them against any ad ministrative action or decision which infringes their rights.
C. Administration of justice (articles 8, 10 and 11 of the Universal Declaration; articles 9, 10 and 14 of the International Covenant on Civil and Political Rights)'
The Statute on the Rights and Guarantees of Nicaragua establishes in articles 9 and 10: "Persons on trial shall be separated from convicted persons, as also women from men, and shall receive treatment appropriate to their status. Minors may only be brought before juvenile courts and shall in no case be taken into common prisons. Minors shall be sent to rehabilitation centres under the authority of the Ministry of Social Welfare." "The principal goal of the prison system shall be the reform and social rehabilitation of the convict and his incorporation into the productive process. " Even in the state of emergency existing in the Republic of Nicaragua the prin ciple of the legality of judicial powers remains in force, and the sphere of com petence of the courts is clearly established. It should be added that both the Act on the Organization of Military ,Tustice and Provisional Military Criminal Procedure (Decree No. 591) of 2 December 1980, and the Provisional Act on Military Offences (Decree No. 600) of 12 December 1980, apply only to members of the Sandinista People's Army and of the Ministry of the Interior on active military service, to reser vists when carrying out military training activities or services of a military nature, and other persons explicitly mentioned by law (article 10 of the first of the above mentioned Acts).
D. Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 25 of the International Covenant on Civil and Political Rights)'
The Government for National Reconstruction, following in-depth studies on the reconstruction timetable, has concluded that reconstruction will not be com pleted until 1985. That is why in September 1980 it established under Decree No. 513
4 Ibid. (CCPR/C/14/Add.2). s Ibid. (CERD/C/103/Add.1; CCPR/C/14/Add.2). 124 ParI I. National Developments that the electoral process whereby the Nicaraguans are to determine the government which will continue building the new Nicaragua will commence in January 1984, and the elections crowning the process will be held in 1985.
E. Right to an adequate standard of living (right to adequate housing) (article 25 (1) of the Universal Declaration)'
In regard to urban housing regulations, two laws were promulgated during the revolutionary period: the Rent Act and the corresponding Procedure Act. We pro pose to examine the main provisions of these Acts. Rent Act: Decree No. 216 (Gazette No. 1 of 2 January 1980, article 6). The Rentals Directorate of MINVAH (Ministry of Housing and Human Settlements) is competent to resolve rental prob lems between landlord and tenant, its decisions being unappealable and binding when the parties so request. The Rentals Directorate may call upon the assistance of the police force in en forcing its decisions.
F. Right to education (article 26 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
It was decided, by Decree No. 571 of 25 November 1980, to initiate a literacy campaign in the languages of the ethnic minorities, which would supplement the National Literacy Crusade in Spanish.
G. Right to a social and international order in which human rights can be realized (article 28 of the Universal Declaration)'
On 8 January 1980, the Revolutionary Government decided under Decree No. 255 that Nicaragua should accede to the International Covenant on Civil and Political Rights and the Optional Protocol and to the International Covenant on Economic, Social and Cultural Rights. In keeping with its clearly-defined position against any forms of discrimination Decree No. 295 was issued on 14 February 1980 and, under this decree, the State ac ceded to the International Convention on the Suppression and Punishment of the Crime of Apartheid.
6 Ibid. (CCPR/C/14/Add.2).
7 Ibid. (CERD/C/103/Add.l).
8 Ibid. (CCPR/C/14/Add.2). Nicaragua 125
On the same day, by Decree No. 297, the Republic of Nicaragua acceded to the Convention relating to the Status of Refugees, concluded in Geneva on 28 July 1951, and the Protocol relating to the Status of Refugees, drawn up on 31 January 1967. On 5 November 1980, the Minister for Foreign Affairs of Nicaragua concluded a headquarters agreement with the International Committee of the Red Cross. On 6 January 1981 this agreement was approved by the Government of the Republic of Nicaragua under Decree No. 615, which pointed out that the State is a Contracting Party to the Geneva Conventions of 12 August 1949, for the Protection of Victims of War and signed the additional Protocols of 1977. The National Commission for the Promotion and Protection of Human Rights was established under Decree No. 438 of 13 June 1980.
H. Limitations on the exercise of rights and freedoms. States of emergency (article 29 of the Universal Declaration; article 4 of the International Covenant on Civil and Political Rights)"
The Government of the Republic of Nicaragua passed Decree No. 10 of 22 July 1979, as a National Emergency Law. It rendered any person who was involved in a concerted stoppage of general transport operations or hindered the activities of any enterprise, whether public or private, liable to penalties. It also arranged for the State to take over abandoned enterprises, prohibited speculation in consumer goods and introduced other measures of the same nature. This Law was repealed 10 months later, when Decree No. 388 of 11 April 1980 was enacted. The Government of the Republic of Nicaragua took the view that the repeal of the state of emergency would foster the national unity of all Nicaraguans. The aim was to demonstrate conclusively the Government Junta's confidence in all the sectors which made up and make up Nicaraguan society and which were not in volved with the deposed regime.
" Ibid. (CCPR/C/14/Add.2). NORWAY
A. Protection of fundamental rights and freedoms (article 2 of the Universal Declaration)'
The Norwegian Government's Advisory Committee on Human Rights was es tablished on 7 May 1980 at the initiative of the Ministry of Foreign Affairs, and its members were appointed by that Ministry. The Committee is composed of Members of Parliament from various political parties, and representatives of Government Ministries and non-governmental organizations concerned with the protection of human rights; it has altogether 18 members. According to its terms of reference, the Committee may take up general problems and current issues. It shall also assess and recommend to the Government and organizations the implementation of practical measures, and give them advice where human rights questions are concerned. The Committee shall also assist at the national level in the work carried out under the auspices of the Nordic authorities, particularly as regards information, education and research in the field of human rights.
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 of the Universal Declaration; article 2.2 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
By the Crown Prince Regent's Decree of 10 October 1980 a broadly based of ficialcommittee was appointed with a total of 18 members who are to report on the rights of the Sami people to land and water (Committee on the Legal Rights of the Sami People). The Committee, which among other members has representatives of the Sami organizations, is to clarify the applicable conception of law and rules/o~ law, as well as the general legal situation otherwise, and is to describe the actual use of land and water today in areas in Norway with Sami settlements. The Committee is also to evaluate the need for changes in applicable law. The Committee is to study how to ensure the opportunities of the Sami popula tion to exploit the natural resources in their settlement areas, at the same time as the interests of the non-Sami population are recognized. International conventions and resolutions and legal arguments, taking as their starting point the status of the Sami people as an indigenous population or an ethnic minority, will be of importance for the proposals presented by the Committee.
, Report submitted by State (CERD/CI76/Add.2).
2 Ibid. (CERD/C/76/Add.2).
126 Norway 127
c. Equality of rights (articles 2 and 7 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The basic principle in the work with refugees in Norway is that of integration, which means that the individual refugee is offered actual possibilities to retain and develop further his own culture, religion, language and/or other special features. Integration also means equality and equal status, equal rights and duties for refugees as for the rest of the population of Norway. This goal is laid down in Report No. 84 (1979-80) to the Storting "Concerning Norway's Aid to Refugees", debated by the Storting on 24 April 1980.
3 Ibid. (CERD/C/76/Add.2). PAKISTAN
Elimination.of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 22 ofthe ·Universal Declaration)'
There is a fully fledged Minorities Affairs Wing in the Ministry of Religious Af fairs and Minorities Affairs, for safeguarding the constitutional rights of minorities, promoting their welfare and giving them the sense of being full and equal citizens of the State.
, Contribution submitted by State.
128 PANAMA
Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 ofthe International Covenant on Economic, Social and Cultural Rights)'
On 10 April 1980, with a view to protecting the family, the Government of Panama established the National Directorate for Children and the Family under the Ministry of Labour and Social Welfare. The Directorate, whose main purpose is the strengthening of the role of the family as the fundamental unit of Panamanian so ciety, contains a Department for Family Guidance which focuses on preventive measures, representing between 70 and 80 per cent ofits activities in 1980. Guidance programmes are also being offered for the promotion of family life, as well as on nutrition, pre-school preparation, premarital and marital counselling, training in behavioural adjustment, communication between the different generations, and human relationships. Treatment is provided through retraining and family therapy programmes, which have been expanded and restructured in the year under review.
I Report submitted by State (E/1980/6/Add.20).
129 PERU
A. Right to life, liberty and security of person (article 3 ofthe Universal Declaration; article 6 ofthe International Covenant on Civil and Political Rights)'
A general amnesty has been granted to all persons who were charged, tried or convicted before 28 July 1980 in ordinary or special courts for acts of a political or social nature or related acts. (Law No. 23215 and Law No. 23218.)
B. Political rights (article 21 ofthe Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 25 of the International Covenant on Civil and Political Rights)'
.Act No. 23219 was promulgated on 19 September 1980 to permit illiterate per sons to vote in the 1980 provincial and district council elections.
1 Report submitted by State (CCPR/C/6/Add.9). , Ibid. (CERD/C/90/Add.7; CCPR/C/6/Add.9).
130 PHILIPPINES
A. Elimination of racial discrimination: development and protection of certain ra«;ial groups or individuals belonging to them (articles 2 and 22 ofthe Universal Declaration; article 2 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Batas Pambansa Big. 40 or the 1980 Philippine Appropriations Act allocated, the amount of 20 million pesos each to the two Autonomous Regions for financing their respective regional current operating expenditures and for capital outlays.
B. Right to a social and international order in which human rights can be realized (article 28 ofthe Universal Declaration)'
The Convention on the Elimination of All Forms of Discrimination against Women, entered into force for the Philippines in September 1980.
1 Report submitted by State (CERD/C/91/Add.7). , Contribution submitted by State.
131 POLAND
A. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In case of improper treatment of citizens in offices, institutions and social organizations, the victims can lodge complaints to state organs, in accordance with administrative procedure. The mode of investigation and settlement of complaints is defined by Law No. 132 of the Council of Ministers of 28 November 1980 (Monitor Polski No. 29, item 162).
B. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)2
Salaries of university teachers are regulated by the law of 1974. They are relatively lower than those of other employees with comparable educational background and working experience. Their rate of increase proved to be insufficient and inadequate in relation to the increase in prices; consequently, amendments had to be introduced in 1978 and 1980.
C. Right to enjoy the benefits of scientific progress and its applications (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)3
In 1980, the first stage of a long-term programme, known as the System of Scientific, Technological and Organization Information (SINTO), was im plemented. It focused on methodological and organizational issues as well as on pilot projects in specific areas. Efforts to expand the System and to make it fully oper ational are still continuing.
, Report submitted by State (CERD/C/91/Add.l9).
2 Ibid. (E/1982/3/Add.21).
3 Ibid. (E/1982/3/Add.21).
132 PORTUGAL
A. Prohibition of slavery and forced labour (article 4 ofthe Universal Declaration; article 8 ofthe International Covenant on Civil and Political Rights)'
The special part of the new draft penal code establishes penalties for the crimes of unlawful restraint (art. 166), holding in slavery (art. 167) and kidnapping (art. 168). . The new Prisons Act deals with the work of prisoners in articles 63 et seq. The legislative authorities have devised a set of principles under which work is regarded as a means ofvocational training aimed at the future reintegration of the offender in society. All degrading features must therefore be removed from prison work. The prisoner may attend vocational training and advanced training courses, and try to determine the occupation to which he is best suited. Furthermore, the work must reflect living conditions outside correctional establishments, thus enabling the of fender to prepare himself for his future life as a free person. The Act also makes pro vision for fines to be paid through the performance of work (arts. 123 and 124 of the Penal Code). The general part of the new draft penal code establishes the same system in article 48. However, what is involved is still an obligation stemming from a court decision. Only the judge may order such a procedure. Draft law No. 243/1 on the national defence system establishes the regulations governing military and civil mobilization (articles 35 et seq.). Article 11 of this text refers to military service and states that it must be regulated by special legislation. These regulations were prepared by a succession of Constitutional Govern ments, but they are still to be approved by the Assembly of the Republic (art. 167 (l) of the Constitution). Under article 1 of these draft regulations, military service is compulsory for all citizens, with the exception of those mentioned for example in ar ticles 17, 18,20 and 22. The text also makes provision for the possibility of conscientious objection (art. 48), which was the subject of special regulations prepared by the second Con stitutional Government. This text is also in draft form and has to be considered by the Assembly of the Republic.
I Report submitted by State (CCPR/C/6/Add.6).
133 134 Part I. National Developments
B. Prohibition of torture and cruel, inhuman or degrading treatment or punishment (article 5 of the Universal Declaration; articles 7 and 10 of the International Convenant on Civil and Political Rights)'
An attempt has been made in the new Penal Code to take account of new in stitutional thinking on the scale of penalties; emphasis has been placed on substituting other penalties for imprisonment and reducing imprisonment to a maxi mum term of 20 years.
c. Right to an effective remedy (article 8 of the Universal Declaration; article 2 of the International Covenant on Civil and Political Rights)'
Article 212, paragraph 3, of the Constitution makes provision for the establish ment of administrative courts. Consequently, the Government is to submit a new draft law on the organization of the administrative courts to the Assembly of the Republic for its views.
D. Limitations on the exercise of rights and freedoms. States of emergency (article 29 of the Universal Declaration; article 4 of the International Covenant on Civil and Political Rights)'
Act No. 2084 of 16 August 1956 which regulates the system of national defence, is somewhat old and may be enforced only in accordance with the new constitutional principles, for example those specified in article 19 of the Constitution. In accord ance with paragraph 1 of this article, the exercise of rights, freedoms and safeguards shall be suspended only in the event of a state of siege or state of emergency declared in the form prescribed in the Constitution. This is the case, for example, with articles XXXI and XXXII of the Act, which provide for the possible restriction of certain freedoms and safeguards by virtue of the proclamation of a state of siege. , The Government therefore decided in view of article 167 (d) and (l) of the Con stitution, to prepare a draft law (No. 243/1) establishing a new system of national defence. This bill has not yet been discussed.
, Ibid. (CCPR/C/6/Add.6).
3 Ibid. (CCPR/C/6/Add.6). , Ibid. (CCPR/C/6/Add.6). Portugal 135
E. Protection of rights and freedoms (article 30 of the Universal Declaration; article 20 ofthe International Covenant on Civil and Political Rights)'
The new draft penal code, in its special part (title II), provides for crimes against peace and humanity (arts. 192-197). These include incitement to war (art. 192), in ducement of members of the Portuguese armed forces to commit unlawful acts against foreign countries (art. 193), recruitment of mercenaries (art. 194), genocide (art. 195), and war crimes against civilians, wounded and sick persons, and prisoners of war (art. 196).
, Ibid. (CCPR/C/61Add.6). QATAR
A. Elimination of racial discrimination; principle of equal treatment (articles 2 and 7 ofthe Universal Declaration; articles 2 and 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
An example of a legislative act that grants exclusive rights to citizens is legislative Act No. 20 of 1980, concerning the regulation of the legal profession, which stipulates that the legal profession can be practised only by persons listed either on the permanent register, which is confined to Qatari jurists, or on a pro visional register on which non-Qatari Arab jurists may be listed subject to certain conditions. It is evident that this legislative act does not involve racial discrimination since it merely grants exclusive rights to citizens, without discriminating between them, in keeping with the universally accepted principle in this respect.
B. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26(2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The State of Qatar is doing its utmost to combat bigotry conducive to racial discrimination and consistently advocates mutual understanding, tolerance and friendship among nations and communities. In the field of education, the government-run schools, which are open to all national and foreign residents, instil in their pupils Islamic principles, which condemn all racial fanaticism. The private schools, which are authorized to provide instruction in the languages of the various communities, teach similar principles. The press and information media in Qatar take every opportunity to condemn racism and racial discrimination and to publicize crimes connected with these practices. They also acquaint the public with the prin ciples of the United Nations, together with its resolutions concerning human rights and the elimination of racial discrimination, through the articles that they publish and the programmes that they broadcast to commemorate International Days.
I Report submitted by State (CERD/C/73/Add.!). 'Ibid. (CERD/C/73/Add.l).
136 REPUBLIC OF KOREA
Intro~uction: general legal framework' .
After a certain period of political instability in 1979 and 1980, the Fifth Republic was inaugurated on 3 March 1981 based on a new Constitution approved by an overwhelming majority in a national referendum held on 22 October 1980. The revised Constitution contains various provisions for the enhancement of fundamental rights and freedoms in the political, er.onomic, social, cultural and other fields of public life. In sum, it seeks to harmonize national security, law and order and efficiency with the people's desire for democratization, while guaranteeing basic human rights to the greatest possible extent. As for the application of the provisions of the Convention in the domestic laws of the Republic of Korea, article 5 (1) of the Constitution stipulates as follows: "Treaties duly concluded and promulgated in accordance with the Con stitution and the generally recognized rules of international law shall have the same effect as the domestic laws of the Republic of Korea."
A. Elimination of racial discrimination (article 2 of the Universal Declaration; f;lfticle 2 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
All forms of racial discrimination, including segregation, exclusion, restriction or preference, are condemned by the Constitution of the Republic of Korea. Ar ticle 9 of the new Constitution states as follows: "All citizens shall be assured of human worth and dignity and have the right to pursue happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals." Any discrimination in political, economic, civic and other fields is also strictly forbidden by article 10 of the Constitution.
I Report submitted by State (CERD/C/86/Add.l).
2 Ibid. (CERD/C/86/Add.l).
137 138 Part I. National Developments
B. Right to life, liberty and security of person ; prohibition of torture or cruel, inhuman or degrading treatment or punishment (articles 3 and 5 ofthe Universal DeClaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The right to security of person and protection by the State against violence or bodily harm is guaranteed by article 11 of the Constitution and article 125 of the Criminal Law. - Article 11 of the Constitution states as follows: "All citizens shall enjoy personal liberty. No person shall be arrested, de tained, searched, seized, interrogated, punished or placed under probationary supervision except as provided by law, or be subject to involuntary labour ex cept by a criminal sentence." "No citizen shall be tortured or be compelled to testify against himself in criminal cases." In other sub-articles of article 11 and article 125 of the Criminal Law are guaranteed the rights of the people such as right to have the prompt assistance of counsel, presentation of warrants in case of arrest, strict prohibitIOn or torture, eu;.
c. Prohibition of discrimination or incitement to it (artiCle 7 ofthe Universal DeClaration; article 4 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The new Constitution as well as Criminal Law clearly stipulate that acts of violence and other unlawfulness against persons of different colour or ethnic origin constitute offences.
D. Equality before the law; right to a fair trial; presumption of innocence (artiCles 7, 10 and 11 of the Universal DeClaration; artiCles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Republic of Korea guarantees the enjoyment of the respective rights without discrimination as to race, colour, national or ethnic origin. The right to equal treatment before tribunals and all other organs administering justice ,is guaranteed to everyone irrespective of his race, colour or nationality.
'Ibid. (CERD/C/86/Add.I). • Ibid. (CERD/C/86/Add.l). , Ibid. (CERD/C/86/Add.I). Republic of Korea 139
Article 26 of the Constitution stipulates: "(a) All citizens shall have the right to be tried in conformity with the law by judges qualified under the Constitution and the law. "(b) All citizens shall have the right to a speedy trial. An accused shall have the right to a public trial without delay in the absence of justifiable reasons to the contrary. "(c) The accused shall be presumed innocent until a determination of guilt has been confirmed."
E. Protection against arbitrary interference with privacy (article 12 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)6
Article 17 of the Constitution states: "The privacy of correspondence of all citizens shall not be violated."
F. Freedom of movement and residence (article 13 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The right to freedom of movement and residence is guaranteed in article 13 of the Constitution which stipulates that "All citizens shall enjoy freedom of residence and the right to move at will."
G. Right to a nationality (article 15 ofthe Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
As to the right to nationality, the Nationality Law stipulates strict requirements against the loss of citizenship, thus making it impossible to deprive a citizen of his nationality on the ground of his race. Under the provision of article 5 of the Na tionality Law, any alien who satisfies certain requirements may obtain citizenship ir respective of his race or nationality.
6 Ibid. (CERD/C/86/Add.I). , Ibid. (CERD/C/86/Add.I). , Ibid. (CERD/C/86/Add.!). 140 Part 1. National Developments
H. Rights relating to marriage and the family (article 16 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)9
The right to marriage and choice of spouse is guaranteed in article 34 (1) of the Constitution. In addition, relevant articles of the Civil Code also affirm the freedom of marriage. Article 34 (I) of the Constitution states: "Marriage and family iife shall be entered into and sustained on the basis of individual dignity and equality of the sexes."
I. Right to own property (article 17 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)IO
The right to ownership and co-ownership is guaranteed by article 22 of the Con stitution and the relevant articles of the Civil Code, and transfer of possessory right through succession is also guaranteed by articles 193 and 1005 of the Civil Code.
J. Freedom of thought, conscience and religion (article 18 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'1
The right of freedom of thought, conscience and religion is guaranteed in ar ticles 18 and 19 of the Constitution.
Article 18 "All citizens shall enjoy freedom of conscience."
Article 19 "(a) All citizens shall enjoy freedom of religion. "(b) No state religion shall be recognized, and religion and politics shall be separated."
, Ibid. (CERD/C/86/Add.!).
10 Ibid. (CERD/C/86/Add.!).
11 Ibid. (CERD/C/86/Add.!). Republic of Korea 141
K. Freedom of opinion and expression (article 19 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofall Forms ofRacial Discrimination)'2
Article 20 of the Constitution states: "(a) All citizens shall enjoy freedom of speech and the press, ... "(b) Neither speech nor the press shall violate the honour or rights of other persons nor undermine public morals or social ethics. Should speech or the press violate the honour or rights of other persons, claims may be made for the damage resulting therefrom."
L. Freedom of peaceful assembly and association (article 20 ofthe Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)"
The right to freedom of peaceful assembly and association is guaranteed in ar ticles 20 (1) and 31 (1) of the Constitution.
Article 20 (l) "All citizens shall enjoy freedom of assembly and association."
Article 31 (l) "To enhance working conditions, workers shall have the right to indepen dent association, collective bargaining and collective action..... ".
M. Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination) 14
Political rights of the people are guaranteed regardless of race, origin or colour in articles 23 and 24 of the Constitution. Articles 23 and 24 of the Constitution state as follows:
Article 23 "All citizens who have reached the age of twenty shall have the right to vote in accordance with provisions of law."
12 Ibid. (CERD/C/86/Add.I).
IJ Ibid. (CERD/C/86/Add.I). '< Ibid. (CERD/C/86/Add.I). 142 Part I. National Developments
Article 24 "All citizens shall have the right to hold public office in accordance with the provisions of law."
N. Realization of economic, social and cultural rights (articles 22, 23, 25 (l) and 26 ofthe Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)"
Economic, social and cultural rights enumerated in article 5 (e) are guaranteed by the Constitution of the Republic of Korea to all citizens irrespective of race or colour. Among other things, the right to work, free choice of employment, fair and favourable conditions of work, protection against unemployment, the right to form and join trade unions, the right to housing, the right to public health and medical care, the right to education and training are guaranteed by the relevant articles of the Constitution and respective laws concerned such as Labour Standards Law.
o. Promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 (2) ofthe Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'6
The Government of the Republic of Korea has issued official statements on various occasions to help create a favourable international atmosphere to eradicate racial discrimination. They include, for example, statements issued on the occasion of "International Day for the Elimination of Racial Discrimination" on 21 March and "Namibia Day" on 26 August, etc. These measures are taken by the Korean Government with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship as well as to propagating the basic purposes and principles of the World Organization in accordance with the relevant declarations and resolu tions.
P. Limitations on the exercise of rights and freedoms (article 29 of Universal Declaration)"
The Constitution of the Republic of Korea provides a comprehensive clause for the protection of human rights, whether or not they are set out in the provisions of the Constitution.
"Ibid. (CERD/C/86/Add.I). " Ibid. (CERD/C/86/Add.I).
11 Ibid. (CERD/C/86/Add.I). Republic of Korea 143
Article 35 of the Constitution reads as follows: "(a) Freedoms and rights of citizens shall not be neglected on the grounds that they are not enumerated in the Constitution. "(b) The freedoms and rights of citizens may be restricted by law only when necessary for national security, the maintenance of law and order or for public welfare. Even when such restriction is imposed, no essential aspect of the freedom or right -shall be violated." ROMANIA
Right to enjoy the benefits of scientific progress (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
Under Council of State Decree No. 60/1980, guidance and control of the ac tivity of scientific and technical creation and the co-ordination of all activity in that field are the task of the National Council for Science and Technology. Under article 4 of this Decree, the National Council for Science and Technology organizes and is fully responsible for research activity, technological development and the practical implementation of technical progress through the application of the attainments of science and technology to all fields and branches of economic activity. In addition, the Council ensures broad participation by Romanian scientists in efforts made at the world level for the advancement of science and technology and the incessant broadening of the exchange of values and accords attention to the promotion of technical and scientific co-operation with other countries; it works on the utilization of the results of scientific research and original technological development and the' increase of the contribution of Romanian science and technology to the enrichment of the universal scientific and technical treasury.
I Report submitted by State (E/198213/Add.l3).
144 RWANDA
Introduction: general legal framework'
In regard to legislation, a major step has been taken towards implementing the provisions of the International Covenant on Civil and Political Rights throughout the country. Mention may be made, by way of example, of the adoption of the new Constitution and a new Criminal Code, of the promulgation of a Code of Judicial Organization and Jurisdiction by Decree Law No. 09/80 of 7 July 1980, and of various ministerial directives concerning the conditions governing, inter alia, arrest and preventive detention.
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
On 18 November 1980, the Government of Rwanda demonstrated its continued determination to pursue the campaign against racial segregation and apartheid by ratifying the International Convention on the Suppression and Punishment of the Crime of Apartheid.
B. Right to an effective remedy (article 8 of the Universal Declaration; article 6 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The organization of the judiciary in Rwanda is described in Decree-Law No. 09/80 of 7 July 1980, containing the Code of Judicial Organization and Jurisdiction.
I Report submitted by State (CCPR/C/lIAdd.54). , Ibid. (CERD/C/881AddA). , Ibid. (CERD/C/881AddA).
145 146 Part I. National Developments
c. Political rights (article 21 ofthe Universal Declaration; article 15 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
There is a variety ofrelevant administrative measures particularly in the political field (elections of municipal councillors on 20 January 1980). There was wide par ticipation in these elections throughout all sectors of ~he population.
4 Ibid. (CERD/C/63/Add.2). SEYCHELLES
A. ProteCtion of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The rights and well-being of Seychellois children are of prime concern. A Na tional Council for Children has accordingly been set up in order to promote family life, and the welfare of children, including children who are in need of care and assistance, who have been abandoned, orphaned, deprived, abused or are disabled. There is likewise a plan to establish nurseries in all districts. These will cater for children from birth to the age of four, after which they will go on to primary educa tion.
B. Right to social security; right to work (articles 22 and 23 of the Universal DeclarationJ~ article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Satisfactory progress has been achieved in the Social Security Scheme which was introduced on 1 March 1979. The Scheme, which is gradually accumulating sufficient funds to be self supporting, currently provides benefits for those persons who are unable to work for reasons of sickness, invalidity or maternity, as well as to surviving relatives and the" retired. The Scheme is unique in that benefits are payable on the basis of need and those who qualify do so by right, irrespective of whether they have contributed. Thus, contributors participate not with the intention of benefiting from their own payments, but because they have a duty to contribute to the welfare and upkeep of those less fortunate: orphans, the sick and the aged. Contributions to the Scheme are therefore income related, while benefits are uniform. On 1 January 1980" the Industrial Injuries Scheme was introduced, providing benefit in q)mpensation for injury, disablement or death from industrial causes. Furthermore, recognizing the importance of providing assistance to the more disadvantaged members of society, the Government proposes to replace the existing homes for the elderly with a new self-contained complex and to improve the existing
I Report submitted by State (CERD/C/72/Add.I). , Ibid. (CERD/C/72/Add.I).
147 148 Part I. National Developments services rendered by the Division by restructuring and streamlining the functions of the various sections. Two new sections have accordingly been created, namely, that of Social Welfare, concentrating on the whole range of generic social work, and that of Social Defence, which deals mainly with probation and rehabilitation services.
C. Right to an adequate standard of living (article 25 (1) of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The year 1980 saw an extensive programme of decentralization of health ser vices, with the opening of various health districts; health services have subsequently been provided free of charge.
D. Right to education (article 26 of the Universal Declaration; articles 5 and 7 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)" .
The introduction of a new educational policy will guarantee to all children in Seychelles nine years of compulsory, free and sound education. The aim of the reform is the replacement of an education system originally devised for the benefit of an elite, by one which caters for the needs of all our people and is consistent with the fundamental principle of equality of opportunity for all children. Policy decisions already taken by the Government include the right of all Seychellois children to nine years of free education, reinforced by close attention to the development of secondary, vocational and technical education. Political, economic and cultural policies require the progressive introduction of anew, rel evant approach to the education system in order to equip our youth professionally and socially so that they may be able to contribute towards the building of our new society. We are consequently faced today with the urgent need to devise new cur ricula, to adopt new approaches in the area of teacher training, to improve and ex pand adult education services and to develop Seychellois cultural activities. Professional training courses are being expanded and diversified and a construc tive and viable technical education programme has been established. Research of an operational nature is also in progress with the aim of improving the quality of educa tion and its constant adaptation to the social, cultural or economic needs of the country.
3 Ibid. (CERD/C/72/Add.l). "Ibid. (CERD/C/72/Add.l). SPAIN
A. Elimination of racial discrimination; equality of rights (articles 2 and 7 ofthe Universal Declaration; articles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
With regard to whether the reference to the Aliens Act in article 12 (2) of the former Constitution implied that a distinction could be drawn between various categories of aliens living in Spain, the Spanish Government, without prejudice to the sovereignty of the legislature, proposes to submit to parliament a bill based on the following principles. 1. Aliens shall enjoy in Spain the public freedoms laid down in title I of the Constitution, "Fundamental rights and duties". 2. In no event shall there be any discrimination on grounds of race. 3. The act shall pay particular attention to the obligations contracted by the Spanish Government in ratifying or acceding to international conventions in this field, and specifically to its obligations under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention and Protocol relating to the Status of Refugees.
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 26 of the Universal Declaration; article 2 of the International Convention; on the Elimination ofAll Forms ofRacial Discrimination)'
The Spanish Government, with regard to the development of article 22.5 of the Constitution which prohibits secret andparamilitary associations, draws attention to organizational law 4/1980 (21 May) for the reform of the Penal Code in respect of offences concerning freedom of expression, meeting and association, article 173 of which deals with illegal associations including clandestine or paramilitary organiza tions. The Ministries of Culture and Education have both devoted much effort to the cultural integration of the refugee minorities into Spain-the refugees from Laos, for example. During 1979-1980 the schooling and vocational guidance services of Pontevedra and Segovia each carried out psychopedagogical studies in order to help
, Report submitted by State (CERD/C/66/Add.16).
2 Ibid. (CERD/C/91/Add.6).
149 150 Part I. National Developments with choosing schools for them and ensuring their adaptation, coping with the learn ing and social difficulties of 67 and 50 Lao children respectively, accepted by the two provinces. Once the children had been settled in various provinces ofSpain they were sent to school on the basis of psychopedagogical data from the diagnostic studies, and their schooling was conducted in a situation of genuine co-existence without discrimination. In 1980, several Ministries engaged in activities to encourage the gypsy com munity on the proposal of the working groups of the Interministerial Commission. The Ministry of Health and Social Security, through the General Directorate for Social Action, granted a total of 22.5 million pesetas to gypsy associations and bodies, from the National Social Welfare Fund.
C. Prohibition of incitement to racial discrimination (article 7 of the Universal Declaration; article 4 of the International Convention on the Elimination ofAll Forms of Racial Discrimination)'
In the bill for a new Penal Code which is before the Cortes Generales, associa tions likely to promote or incite racial discrimination are characterized as unlawful (article 600.5) Article 601 of the new text provides for the following: 1. For the founders," directors and presidents of such associations, imprison ment for six months to two years. 2. For their members, detention for 8 to 12 weekends.
D. Freedom of thought, conscience and religion (article 18 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Developing relevant provisions of the Constitution, organizational Act 7/1980 (5 July), concerning religious freedom lays down (article 1.2) that religious beliefs shall not constitute a motive of inequality or discrimination before the law.
E. Political rights (article 21 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
With regard to the rights of active and passive suffrage in local elections, not only is this guaranteed by the Constitution and by a special act, but the Ministry for
J Ibid. (CERD/C/66/Add.16). , Ibid. (CERD/C/911Add.6). , Ibid. (CERD/C/91/Add.6). Spain 151
Territorial Administration adopted the conclusions of the Fourth Conference of European Ministers responsible for local administration (Madrid, May 1980) and the subsequent recommendations to the Committee of Ministers of the Council of Europe for the adoption by the States members of "such measures as will lead to promoting equality of opportunity and good understanding among persons of dif ferent nationalities and races, to integrating such groups into the local life, and to studying the possibility of drawing up a multilateral instrument which will define the minimum civil rights to be granted in local public life to nationals of a member State residing in another member State, including the rights of active and passive suffrage".
F. Right to work; trade union freedoms (article 23 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)"
Act 8/1980 (10 March) giving approval to the Workers' Statute, states (ar ticle 17): "In the Spanish State, regulations, clauses in collective agreements, in dividual contracts and unilateral decisions by entrepreneurs which discriminate against persons on grounds of age, or which discriminate favourably or ad versely in regard to employment, or remuneration, working hours and other working conditions on grounds of sex, origin, marital status, race, social status, religious or political ideas, membership or otherwise of trade unions and their agreements, family relationship with other workers in the enterprise, and language, shall be considered null and void."
" Ibid. (CERD/C/91/Add.6). SRI LANKA
Prohibition of torture and cruel, inhuman or degrading treatment or punishment (article 5 of the Universal Declaration; article 7 of the International Covenant on Civil and Political Rights)'
On the question of torture or cruel, inhuman or degrading treatment or punish ment, the Supreme Court in the case of Thadchanamoorthi v. the Attorney-General (Supreme Court Application No. 63/1980) after examining many statutory prohibi tions on violence and unlawful practices by the law-enforcing authorities, unanimously decided that there was no evidence of an administrative practice of tor ture or ill-treatment, as was alleged by the petitioner.
I Report submitted by State (CCPR/C/141Add.6).
152 SUDAN
Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (article 2 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Central Government of 1980 has embarked on a regionalization pro gramme following the lines of ethnic cultural and religious affiliation. In July 1980 the Permanent Constitution was amended and article 182A was added to createthe following regions. (a) Northern Region; (b) Eastern Region; (c) Central Region; (d) Kordofan Region; (e) Farfur Region, in addition to the Southern Region. The regional Government Act, 1980 was enacted to draw the boundaries of the Regions and the powers devolving on them.
I Report submitted by State (CERD/C/87/Add.l).
153 SWEDEN
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
At the request of the Swedish Parliament an investigator was appointed by the Government in 1980 to review the application of the 1979 Act restricting Swedish in vestments in South Africa and Namibia and to examine the possibilities of extending it to other fields, for instance to the field of transfer of technology.
B. Elimination of racial discrimination; equal treatment before the law (articles 2 and 7 of the Universal Declaration; articles 2 and 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 3 ofthe International Covenant on Civil and Political Rights)'
The Act of 1886, under which an alien, who was a plaintiff in a civil case, was obliged, at the request of the defendant, to furnish security for the costs of the pro ceedings, was repealed on 1 July, 1980 and replaced by the 1980 Act on the obliga tion of foreign plaintiffs to furnish security for costs of proceedings. Under this Act, the obligation to furnish security (cautio judicatum SOIVl) is no longer incumbent on aliens resident in Sweden, whereas the obligation remains in force for aliens resident abroad and for foreign legal persons, since a physical or legal person outside Sweden is not likely to have assets in Sweden which could be seized for the purpose of en forcement of a judgement ordering the plaintiff to pay the costs of the proceedings. Consequently, there is an exception from the obligation to furnish security for costs in cases where the plaintiff comes from a State with which Sweden has concluded an agreement concerning mutual enforcement of judgements ordering the payment of costs. A Government Commission has been charged with the task of considering in depth the implementation of the principle of non-discrimination on grounds of sex. The Commission has proposed legislation to ensure equal treatment of men and women in working life, and the Government has accordingly submitted a draft law to Parliament. The new Act entered into force on 1 July 1980.
I Report submitted by State (CERD/C/1061Add.2). , Ibid. (CERD/CI751Add.!; CCPR/C/IIAdd.42).
154 Sweden 155
C. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)' In a case before the Swedish courts three persons were charged before the Jonkoping District Court with unlawful discrimination pursuant to chapter 16, sec tion 9, of the Penal Code. They were alleged to have discriminated against another person because of his national origin by recommending, on behalf of a building society, that a flat should not be sold to him. The three persons were acquitted by the District Court on the grounds that the building society was not professionally en gaged in housing transactions. The Public Prosecutor lodged an appeal with the Gota Court of Appeal; in its subsequent judgement, the Court of Appeal stated that the building society was to be regarded as a "businessman" within the meaning of chapter 16, section 9, of the Penal Code. (Chapter 16, section 9, provides: "If a businessman in the conduct of his business discriminates against someone ...".) However, the recommendation of the board of the building society that a flat should not be sold to a certain person was a non-binding statement of opinion, and therefore did not constitute a criminal offence. The Supreme Court, with which a further appeal was lodged, agreed with the Court of Appeal in finding that the building society was to be considered a "businesman". Moreover, the Supreme Court considered that the negative position of the board concerning the sale of a flat had been taken on the grounds of the national origin of the person concerned and that the board members were therefore guilty of unlawful discrimination.
D. Freedom of movement and residence (article 13 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)' In 1980, a Government Commission was appointed and asked to review ques tions concerning immigration and the position of immigrants in Sweden. The Com mission will be assisted by a reference group comprising representatives of immigrant and minority organizations.
E. Right of asylum (article 14 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)' On the basis of the proposals of the Government Commission on Aliens Legisla tion, a new Aliens Act was adopted and enacted on 5 June 1980. It contains provi sions aimed at strengthening the protection of refugees. .
l Ibid. (CERD/C/75/Add.l).
4 Ibid. (CERD/C/75/Add.l). 'Ibid. (CERD/C/75/Add.l). 156 Part I. National Developments
The right to expel an alien on the grounds of a penal sentence against him has been restricted in the new Aliens Act. After three years' residence in Sweden, an alien may only be expelled if there are special reasons justifying his expulsion. For citizens of the other Nordic countries, the corresponding residence period is two years.
F. Right to a nationality (article 15 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms of Racial Discrimination)"
Proposals made for a further extension of the constitutional protection of the right to Swedish citizenship have now resulted in a constitutional amendment which entered into force on 1 January 1980.
G. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 of the International Covenant on Economic, Social and Cultural Rights)'
Certain further improvements of the benefits granted under the relevant legisla tion have been decided upon and will become effective on 1 January 1980. These im provements include an extension of the right to obtain a parent's allowance and a special parent's allowance, as well as the enactment of rules which give pregnant women, who are unable to continue their normal work, the right to obtain other work, where possible, or otherwise to obtain a parent's allowance.
H. Right to education (article 26 of the Universal Declaration; article 13 of the International Covenant on Economic, Social and Cultural Rights)·
Swedish law protects the right of everybody who is resident in Sweden to obtain school education and, at the same time, it provides for nine years compulsory school attendance. The basic provisions in this regard are laid down in the 1962 School Act (skollagen) and the 1971 School Ordinance (skolj6rordningen). More detailed rules are contained in the 1980 Compulsory School Curriculum.
'Ibid. (CERD/C/75/Add.l). , Ibid. (E/19S0/6/Add.S). • Ibid. (E/198213/Add.2). SYRIAN ARAB REPUBLIC
Right to own property: right to the realization of economic rights (articles 17 and 22 ofthe Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Government of the Syrian Arab Republic has undertaken measures since 1963 to improve the agrarian reform programme particularly in reducing the size of agricultural landholdings·. Properties measuring 25 hectares which had represented only 30 per cent of all land under cultivation prior to 1959, represented 93 per cent in 1975. In contrast, landholdings of more than 100 hectares dropped from 67 per cent to 0.23 per cent of all cultivated land. The 1980 Reform Order-in-Council No. 31 of 14 May 1980 mandated a further reduction in the authorized size of landholdings.
, Report submitted by State (CERDI.C/91/Add.36).
157 TRINIDAD AND TOBAGO
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The support of the Government of the Republic of Trinidad and Tobago for the liberation struggle in southern Africa is unequivocal. Its position was expressed in the Joint Communique issued on Consultations between the Government of Trinidad and Tobago and the Mission of the United Nations Council for Namibia which paid an official visit to Port of Spain on 13 May 1980. The Communique declared, inter alia, "that the Government of Trinidad and Tobago shared the view ofthe Mission that given the present conjuncture the International Community must carefully examine the progress of the liberation struggle in southern Africa and the implementation of the Maputo Declaration in order to give maximum support to the forces of liberation in southern Africa".
B. Right to education; promotion of understanding, tolerance and friendship among all nations, racial and ethnic groups (article 26 of the Universal Declaration; articles 5 and 7 ofthe Internatinal Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In 1980 the Government of Trinidad and Tobago took the decision that Hindi be included as a subject in the school curriculum, in recognition of the importance of that language to the development of Indian culture and religion, the Indian sub continent being the ancestral home of 40 per cent of the population of Trinidad and Tobago. The Government-appointed Standing Committee under the Chairmanship of a Minister in the Ministry of Education and Culture was established in 1980 in order to plan the observance of all national and religious days and festivals. Christmas, Easter, Eid-ul-Fitr and Divali are national holidays in Trinidad and Tobago. The Committee comprises representatives of government ministers, State corporations, businessmen's organizations, service clubs, trade unions and inter-religious organizations. The aim of the Committee is to give citizens greater opportunity for cultural expression leading, it is hoped, to greater understanding and social integra tion.
, Report submitted by State (CERD/C/64/Add.3).
2 Ibid. (CERD/C/64/Add.3).
158 UGANDA
Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The 1980 Manifesto of the Uganda People's Congress (UPC) stated that the UPC Government will "boycott all sports and games relations with countries that either practice apartheid or that support countries that practice apartheid."
I Report submitted by State (CERD/C/71/Add.2).
159 UKRAINIAN SOVIET SOCIALIST REPUBLIC
A. Right to an effective remedy (article 8 of the Universal Declaration; article 6 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Decree of the Presidium of the Supreme Soviet of the USSR of 12 April 1968 "On the procedure for the consideration of proposals, declarations and com plaints by citizens" (in the version of the Decree of 4 March 1980) establishes addi tional guarantees enabling citizens of the Ukrainian SSR fully to protect their rights and legally-safeguarded interests through the administrative system, and strengthens people's control over the activity of State and public bodies.
B. Political rights (article 21 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
According to article 89 of the Constitution of the Ukrainian SSR, and to the Acts of the Ukrainian SSR "On elections to the Supreme Soviet of the Ukrainian SSR" (article 10) and "On elections to local Soviets of People's Deputies of the Ukrainian SSR" (article 10), the right to nominate candidates for posts as deputies lies with Party, trade union and Komsomol organizations, co-operatives and other public organizations, work collectives and meetings of servicemen. Citizens of the Ukrainian SSR and public organizations are guaranteed the right to free discussion of all aspects ofthe political, professional and personal qualities of candidates for posts as deputies, as well as the right to campaign for them in meetings, in the press, and on television and radio. One striking illustration of the practical implementation of these provisions of the Constitution and legislation of the Republic was the result of elections to the Supreme Soviet and local Soviets of People's Deputies of the Ukrainian SSR which took place on 24 February 1980.
I Report submitted by State (CERD/C/91/Add.20).
2 Ibid. (CERD/C/91/Add.20).
160 Ukrainian SSR 161
C. Right to education (article 26 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article 13 of the International Covenant on Economic, Social and Cultural Rights)'
The basic legislation on education in the Ukrainian SSR is the Law of the Ukrai nian SSR on National Education, of 28 June 1974, with modifications and additions introduced by the Decree of the Supreme Soviet of the Ukrainian SSR, of 15 May 1980. According to the Law, one of the basic principles of national education in the Ukrainian SSR is "the equality with respect to the receipt of education of all citizens of the Ukrainian SSR irrespective of race, nationality, sex, attitude to religion, or property or social status" (article 4 of the Law). Article 80 of the Law provides for liability for violation of the legislation of the Ukrainian SSR concerning national education. . The executive committees of the local Soviets of People's Deputies manage the educational establishments within their jurisdiction and work to expand the network of these estabishments, ensure their proper distribution and strengthen their material base; to provide universal compulsory education and guide pre-school and ex tramural education; to assist in the work of vocational, specialized, secondary and higher educational establishments situated within the territorial jurisdiction of the Soviets (articles 8 and 9 of the Law on National Education). State enterprises, establishments and organizations, collective farms and other co-operative, trade-union, and Komsomol organizations, and other organizations of a public nature take an active part in the development of education, in job training and in improving the skills of workers, and they help blue-collar workers, collective farmers and white-collar workers obtain an education (articles 12 and 13 of the Law). In the Ukrainian SSR, the Church is separated from the State and the school from the Church (Constitution of the Ukrainian SSR, article 50). Officials and citizens who violate the laws on the provision of universal compulsory secondary education for young people or on the separation of Church and State, or other laws relating to education, are subject to punishment in accordance with the legislation of the USSR and the Ukrainian SSR (article 80 of the Law). The first component of the system of public education in the Ukrainian SSR is pre-school education. Children's pre-school establishments (nurseries, kindergartens and combinations of the two) work closely with the family to ensure the well rounded and harmonious development and upbringing of children, protect and im prove their health, impart basic practical habits to them and foster a love of work, see to their education in aesthetic matters, prepare them for school and teach them to respect their elders and to love the socialist homeland and their native region (article 17 of the Law). Children are assigned to pre-school establishments in accordance with the wishes of their parents or persons acting in loco parentis.
, Ibid. (CERD/C/911Add.20; E/1982/3/Add.4). 162 Part I. National Developments
Universal secondary education is available at general secondary schools, at secondary vocational schools and at specialized secondary schools (article 21 of the Law). Students are afforded the option of receiving instruction in their mother tongue or in the language of another people of the USSR. On behalf of their children, parents and persons in loco parentis are free to choose, as they wish, a school with the appropriate language of instruction. Apart from that language, students may, if they so wish, study the language of another people of the USSR (article 26 of the Law). According to the Law, all general-education schools must have a universal compulsory-education fund to provide material assistance to students where needed and to cover the medical expenses of students, their participation in cultural ac tivities and other expenses envisaged in the legislation. The fund is constituted through budget resources, at the rate of not less than 1 per cent of current school maintenance costs, and through the resources of collective-farm, co-operative and trade union organizations and other sources (article 29 of the Law). Vocational training institutions serve as the basic schools for the vocational education of young people and the training of worthy new members of the working class (article 42 of the Law). Specialized secondary education in the Ukrainian SSR is provided in technical training schools, training colleges and other educational establishments belonging, in accordance with the established order, to the category of specialized secondary educational establishments (article 49 of the Law). Ukrainian SSR's Law on National Education (article 62) confers on employed students the right to additional leave, a shortened work week and other benefits.
D. Right to take part in cultural life (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)'
The twenty-sixth Congress of the Communist Party of the Soviet Union and the twenty-sixth Congress of the Communist Party of the Ukraine fixed specific tasks for the further development of cultural construction during the 1980s.
• Ibid. (E/1982/3/Add.4). UNION OF SOVIET SOCIALIST REPUBLICS
Introduction: general legal framework'
There have been important new legislative and other official actions in the Soviet Union which are directly related to the guaranteeing of the rights and freedoms of Soviet citizens, particularly in the economic, social and cultural spheres.. These include the USSR laws of 25 June 1980 on the fundamental powers of ter ritorial and regional Councils of People's Deputies and Councils of People's Deputies of autonomous regions and autonomous areas, on the protection of at mospheric air, on the protection and utilization of fauna, on amendments and addi tions to the Fundamentals of Shipbuilding Legislation of the USSR and the Union Republics and Autonomous Republics, the Decree of the Presidium of the Supreme Soviet of the USSR "On the organization of work with regard to the instructions from voters" of 1 September 1980, and the Fundamentals of the Legislation of the USSR and the Union Republics concerning Administrative Violations, of23 October 1980.
A. Condemnation of racial segregation and apartheid (articles 1 and 2 of the Universal Declaration; article 3 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination; article IV of the International Convention on the Suppression and Punishment of the Crime ofApartheid)'
Soviet representatives have played an active part in the work of various inter national meetings Goncerned with the struggle against apartheid, such as the Inter national Conference in Solidarity with the Struggle of the People of Namibia (Paris, 1980).
B. Elimination of racial discrimination; principle of equal treatment; development and protection of certain racial groups or individuals belonging to them (articles 2 and 7 of the Universal Declaration; articles 2 and 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In furtherance of the provisions of article 86 of the Constitution of the USSR and the corresponding articles of the Constitutions of the Union Republics, the
I Report submitted by State (E/198213/Add.l).
2 Ibid. (CERD/C/91/Add.18; E/CNA/1505/Add.9). 'Ibid. (CERD/C/9/Add.18).
163 164 Part I. National Developments
Supreme Soviets of the Union Republics adopted in 1980, the South Ossetian Autonomous Region Act in the Georgian SSR; The Act of the Russian Soviet Federal Socialist Republic (RSFSR) on Autonomous Districts of the RSFSR,4 whose provisions are also based on the prin ciples of racial and national equality set forth in the Constitution of the USSR and are strictly observed, was adopted in 1980 in accordance with article 88 of the RSFSR Constitution. These unshakeable principles of Soviet legislation were confirmed by the pro visions of the Fundamental Principles of Legislation of the USSR and Union Republics on Administrative Infringements of the Law, adopted in 1980, the USSR Act of 25 June 1980 amending and supplementing the Fundamental Principles of Legislation concerning the Judicial System of the USSR and the Union and autonomous Republics. An important concretization of the constitutional principle of racial and na tional equality is the provisions concerning the equality of all citizens before the law and the courts set forth in Soviet legislation. The USSR Act of 25 June 1980 introduces amendments and additions to the Fundamental Principles of Legislation on the Judicial System of the USSR and the Union and autonomous Republics. In particular, article 11 of the Fundamental Prin ciples is given a new wording, which reads as follows: "Judicial proceedings shall be conducted in the language of the Union or autonomous Republic, autonomous region or autonomous district or in the language of the majority of the local population. Persons involved in the case who are unfamiliar with the language in which the judicial proceedings are being conducted shall be guaranteed the right to acquaint themselves fully with the materials in the case, to participate in the court proceedings through an inter preter, and to address the court in their native language." The Fundamental Principles of Legislation of the USSR and the Union Republics on Administrative Infringements of the Law, adopted by the Supreme Soviet of the USSR in 1980, provide in particular (article 35) that a person brought before and administrative court is entitled, during the examination of the case, to receive legal assistance from an advocate, to express himself in his native language, and to receive the services of an interpreter if he is unfamiliar with the language in which the proceedings are conducted.
C. Right to an effective remedy (article 8 of the Universal Declaration)'
On 4 March 1980 the Presidium of the Supreme Soviet of the USSR adopted a decree entitled Amendments and additions to the Decree of the Presidium of the
4 There are 10 national districts in the Russian Soviet Federal Socialist Republic: Achinsk Buryat in the Chita region, Komi-Permiak in the Perm region, Koryak in the Kamchatka region, Nenets in the Archangel region, Ust-Orda Buryat in the Irkutsk region, Khant-Mansi and Yamalo-Nenets in the Tyumen region, Chukotsk in the Magadan region, and Taymyr (Dolgano-Nenets) and Evenk in the Krasnoyarsk region. , Contribution submitted by State. Union of Soviet Socialist Republics 165
Supreme Soviet ofthe USSR dated 12 April 1968 concerning "the procedure for the consideration ofproposals, applications and complaints from citizens".. Under the decree, State bodies, social organizations, enterprises, institutions and organizations, as well as their directors and other officials, must receive pro posals, applications and complaints from citizens and, within their sphere of com petence, study and answer them and take the necessary measures.
D. Right to a fair trial; right of everyone charged with a penal offence to all the guarantees necessary for his defence (articles 10 and 11 of the Universal Declaration)'
The Fundamental Principles ofLegislation of the USSR and Union Republics concerning violations of administrative law, which came into force by virtue of a decision of the Supreme Soviet of the USSR dated 23 October 1980, provide that no one may be the subject of a coercive measure as a result of a violation of ad ministrative law except in accordance with, and on the basis of, established legis lation; they guarantee the right to defence with professional legal assistance, the right to lodge complaints with the Procurator concerning any unlawful act commit ted by an official, and the right of appeal against a judicial decision imposing an ad ministrative penalty. These principles also guarantee the public nature of the hearing of cases involv ing violations of administrative law and the right of anyone who does not know the language in which the administrative proceedings are being held to give evidence in his or her mother tongue and to have the services of an interpreter. In developing a number of very important legislative provisions governing ac tivities to combat delinquency in order to provide a fuller guarantee of citizens' rights and to strengthen their protection, the Supreme Soviet of the USSR on 25 June 1980 approved the new text of the Fundamental Principles of Legislation on the Judicial System of the USSR and the Union and Autonomous Republics, which reflects the constitutional provision concerning the right of citizens to protection by the courts against encroachments on their honour and reputation, life and health, and personal freedom and property. It also reflects the provision that in the USSR justice is administered on the basis of the equality of citizens before the law and the courts. Rules similar to those added to the Fundamental Principles of Civil Procedure of the Union of Soviet Socialist Republics and the Union Republics by the Decree of 9 October 1979 of the Presidium of the Supreme Soviet of the USSR, with a view to expanding the democratic foundations of justice and strengthening guarantees for the protection of civil rights, have been added to the Code of Civil Procedure of the Russian Soviet Federal Socialist Republic, by a Decree of I August 1980 of the Presidium of the Supreme Soviet of the RSFSR (articles 176 and 294). In addition, the Code of Civil Procedure of the RSFSR has been supplemented by a new article 284, which sets time-limits for the consideration of cases in a court of appeal.
6 Ibid. 166 Part I. National Developments
E. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universa~ .Jeclaration)'
The decision ofthe USSR State Committee on Labour and Social Questions and the secretariat of the All-Union Central Trade-Union Council of 29 April 1980 ratified the provision on terms and conditions of employment of women who have children and who work part-time. This provision contains legal rules which provide more favourable conditions for women to enable them to combine motherhood and a working life and participate in social affairs. For example, the length of the work ing day (shift) may be reduced to four hours and the working week to 20-24 hours. In addition, all women working part-time who have children are considered to have uninterrupted length of service and seniority in their profession, in particular for the allocation of State social security payments, State pensions, long-service bonuses and so forth.
F. Right to participate in government (article 21 of the Universal Declaration)"
On 1 September 1980, the decree of the Presidium of the Supreme Soviet of the USSR entitled Organization of work in accordance with instructions from electors was adopted. These instructions are taken into account at all management levels in the drawing-up of draft economic and social development plans. The implementa tion of instructions is organized by the corresponding Soviet of People's Deputies, and they are executed by the State bodies, enterprises and institutions. This decree extends the guaranteed right of USSR citizens to participate in the management of State and social affairs and in the discussion and adoption of all-union and local laws and decisions (article 48 of the Constitution of the USSR).
, Ibid. • Ibid. UNITED ARAB EMIRATES
A. Condemnation of racial segregation and apartheid (articles 1 and 2 ofthe Universal Declaration; article IV of the International Convention on the Suppression and Punishment of the Crime ofApartheid)'
The provisions of the law forbid all forms of racial discrimination or segrega tion. Any person engaging in such acts is liable to punishment by the competent authorities. All persons whether nationals or aliens residing in the territory of the Union, enjoy full protection by the authorities of the Union against any racial discrimination or segregation.
B. Elimination of racial discrimination; principle of equal treatment (articles 2 and 7 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The Islamic shariah is the principal source of legislation in the State and forbids discrimination among individuals on grounds of their sex or colour. The legislation promulgated by the State confirms the provisions of the Islamic shariah and forbids any form of discriminatiOIi among members of the community and persons residing in the territory of the Union. An example is Federal Act No. 8 of 1980 regulating labour relations. The provisions of this Act forbid the establishment of associations whose purpose is to discriminate among nationals ofthe Union or persons residing in its territory. Anyone convicted of practising racial discrimination is punished.
C. Right to work and leisure (articles 23 and 24 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The worker is entitled to not less than 30 days annual leave (art. 75 of the Labour Act of 1980). The worker is entitled to receive pay for days of annual leave not taken if he is dismissed or resigns after the legally specified period of notice.
I Report submitted by State (E/CNA/1505/Add.2). 'Ibid. (CERD/C/74/Add.l). 'Ibid. (CERD/C/74/Add.l).
167 168 Part I. National Developments
Prior to the worker's departure on annual leave, the employer must pay him all wages owed him together with his wage for the period of leave due to him in accord ance with the provisions of this Act (art. 80). Ifthe circumstances ofthe job are such that the worker has to work during all or part of a national or other holiday for which he is paid, he receives an extra day's wage in compensation plus an additional 50 per cent of his basic rate of pay. If the worker is afflicted with an ailment not arising from an occupational in jury, he must notify his employer within a maximum of two days and the employer must make- the necessary arrangements for the worker to be medically examined (art. 82). The employer may neither dismiss the worker nor give him notice of dismissal while the worker is enjoying a period of leave specified in the Act (art. 90). The employer must take appropriate measures to protect the worker from potential injuries and occupational diseases during the course of his work and to pre vent fire and other hazards that might result from the use of machinery and other tools. He must also observe all the other safety precautions specified by the Ministry of Labour and Social Affairs. The worker must use the safety equipment and protective clothing supplied for that purpose (art. 91). The employer must provide his workers with medical care facilities of the stan dard specified by the Minister for Labour and Social Affairs in collaboration with the Minister for Health (art. 96). Every employer employing workers in remote areas not served by normal means oftransport must provide his workers with the following services: appropriate means of transport, suitable accommodation, drinking water, suitable foodstuffs, medical aid facilities and recreational and sports facilities. The worker is entitled to leave his job without notice in either of the following cases: (a) if the employer fails to fulfil his obligations towards the worker in accord ance with the employment contract or the provisions of the law, or (b) if the employer or his representative commits aggression against the worker (art. 121). Termination of the worker's services by the employer is regarded as unfair dismissal if the reason for the termination is totally unrelated to the work and, in particular, if the worker's services are terminated because he submitted a serious complaint to the competent authorities or filed a claim against his employer that was upheld by a court of law (art. 122). If the worker is unfairly dismissed, the competent court orders the employer to pay compensation to the worker. When assessing the amount of such compensation, the court takes into account the nature of the work, the extent of the damage suf fered by the worker, his length of service and the circumstances of his dismissal. The court also takes into consideration the indemnity due to the worker, together with the compensation in lieu of notice as specified in the Act (art. 123). The employer is not entitled to dismiss a worker as medically unfit before the worker has used up his leave entitlement. Any agreement to the contrary, even if concluded before the Act came into force, is null and void (art. 124). United Arab Emirates 169
On termination of the employment contract, the employer bears the cost of returning the worker to his place of recruitment or to any other place agreed upon between the two parties (art. 131). Every worker who has completed one or more years of consecutive service is en titled to a termination indemnity on separation from service. The indemnity is calculated as follows: 21 days pay for each of the first three years of service, 28 days pay for each of the three subsequent years of service, and 35 days pay for each addi tional year (art. 133). In the event of job-related injuries and occupational diseases, the employer is obliged to pay the costs of the worker's treatment at a local government or private treatment centre until the worker is either cured or certified as disabled. Such treat ment includes accommodation at the hospital or sanatorium, surgical operations, X-rays, medical analyses, the cost of medicines and therapeutic equipment and the provision of artificial limbs and prosthetic appliances in the case of workers certified as disabled. In addition to the above, the employer must also bear the traval expenses incurred by the worker in connection with such treatment (art. 144). UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
A. Freedom of movement and residence (article 13 of the Universal Declaration; article 5 ofthe International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
The United Kingdom Government published proposals for revision of the Im migration Rules in a White Paper on 14 November 1979. The new Rules came into effect on 1 March 1980. They preserve the injunction that powers under the Im migration Act are to be exercised without regard to a person's race, colour or religion.
B. Right to work (article 23 of the Universal Declaration; article 5 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
New arrangements for the issue of work permits came into force on 1 January 1980. These have been based on the previously existing arrangements' and are de signed to protect the interests of the labour force including those of long-established migrants. Except as provided in the Immigration Rules made under the Immigration Act 1971, any person coming to work in the United Kingdom other than a Eur,l2pean Community national, who is subject to immigration control, is required to have a work permit. In general, an application for a work permit will be considered only if the vacancy is in an occupation which is serviced by the State-run Professional and Ex ecutive Recruitment Service (PER) and necessarily requires a worker having the qualifications referred to above. A permit may be issued to any person if, in the opinion of the United Kingdom Government, his employment is in the national interest. Permits may be issued for on-the-job training or work experience with employers which can be put to use in the trainee's home country but not acquired there. Overseas students who wish to take paid employment in their free time or during vacations must first obtain the consent of the Department of Employment.
I Report submitted by State (CERD/C/66/Add.l3). 'Ibid. (CERD/C/66/Add.l3).
170 United Kingdom 171
The holder of a work permit is not permanently restricted to the particular job for which the permit was issued, but will be expected to remain in the same occu pation and will require consent for any change of job. A change will only be approv ed if the proposed employment would have satisfied the relevant conditions for the issue of a permit to a person overseas. Leave to remain may be granted by the Home Office to permit-holders who continue in approved employment. After four years in approved employment they may apply to the Home Office for the removal of the time limit on their stay. If the time limit is removed they may take any employment they wish without authoriza tion. The arrangements under which a limited number of resident domestics and cer tain other semi-skilled or unskilled workers were allowed to come to the United Kingdom have been discontinued.
C. Right to an adequate standard of living (right to health) (article 25 (J) of the Universal Declaration; article 12 of the International Covenant on Economic, Social and Cultural Rights)'
The Motor Vehicles (Construction and Use) Regulations 1973 incorporate con trol over the emission of carbon monoxide and unburnt hydrocarbons from petrol engines in accordance with regulation 15 of ECE. The latter regulation has since been amended to tighten further the emission standards, and the new limits applied to vehicles used in the United Kingdom from 1 April 1977. Following recent EEC and ECE agreements from October 1977, new models tested in the United Kingdom have had to meet a standard for the emission of nitrogen oxides. Further regulations will probably be introduced in 1980/81 requiring all new vehicles to meet this stan dard.
Turks and Caicos Islands The provisions dealing with an adequate standard of living are contained in the Minimum Wages Order 1980 which sets out minimum hourly payments to be paid to persons employed in the Islands..
D. Right to education (article 26 of the Universal Declaration; article 13 ofthe International Covenant on Economic, Social and Cultural Rights)4
The 1980 Education Act enables parents to express a preference as to the school they wish their children to attend, and places a duty on local education authorities to comply with the parents' choice, except in certain specified circumstances (sects. 6, 7
J Ibid. (E/1980/6/Add.16; E/1980/6/Add.25).
4 Ibid. (E/1982/3/Add.16). 172 Part I. National Developments
and 8 of the 1980 Education Act). Similar legislation for Scotland is currently in preparation. Parents are free, in accordance with the provisions of the 1944 Education Act, to have their children educated in independent schools in preference to schools main tained publicly, provided they are prepared and able to pay the fees at independent schools. The 1980 Education Act, section 17, enacted the Government's policy of in augurating an Assisted Places Scheme, which enables pupils from poorer families to attend selected independent schools with a high academic standard by providing assistance with the costs of tuition fees at these schools. Some 5,000 pupils are being helped by this scheme from September 1981 and it is planned to increase this number progressively to some 35,000 in the six years up to 1987. Among statutory instruments relating to educational matters in Guernsey and Alderney, reference can be made to the Teachers' Superannuation (Amendment) (Guernsey) Regulations, 1980.
E. Promotion of understanding, tolerance and friendship among all nations' racial and ethnic groups (article 26 (2) of the Universal Declaration; article 7 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
In July 1980, in a move towards a more positive policy for helping the arts of ethnic minorities, the Arts Council decided to monitor all ethnic arts applications it received over the following 12 months. The purpose of this exercise was to produce a clearer indication of the range of ethnic arts applications in all art forms, to identify any special features which they may have in common, and to examine particular reasons for any individual rejections.
F. Right to take part in cultural life (article 27 of the Universal Declaration; article 15 of the International Covenant on Economic, Social and Cultural Rights)6
In spring 1980, the passage through Parliament of the National Heritage Act created the National Heritage Memorial Fund to assist in the preservation, maintenance and acquisition of those items of outstanding historic or artistic interest in need of preservation. The Fund, in its first year, made grants of more than £2 million for numerous highly desirable acquisitions and projects. By providing government indemnity cover, the Act has also enabled numerous exhibitions to be presented to the public.
'Ibid. (CERD/C/91/Add.24). • Ibid. (E/1982/3/Add.16). United Kingdom 173
Hong Kong In January 1980, a Recreation and Culture Division was established within the Government Secretariat to take over executive control of the Recreation and Sport Service and the Music Office, and to assume policy responsibility for recreation and culture. UNITED REPUBLIC OF TANZANIA
General legal framework I
Article 55 (1) of the 1977 Tanzania Constitution as amended in 1980 states (Unofficial English translation from the authentic SwahiIi version): "There shall be a Zanzibar Government to be known as The Revolutionary Government of Zanzibar, which shall exercise authority over all matters in Zan zibar, which do not form part of the Union matters under the provisions of this constitution. "
I Report submitted by State (CERD/CI75/Add.10).
174 URUGUAY
Treatment of offenders: conditional andearly release (articles 5 and 11 of the Universal Declaration; articles 9 and 14 of the International Covenant on Civil and Political Rights)'
Adoption of Act No. 14,997 of 25 March 1980, relating to conditional and early release in cases coming under military jurisdiction This Act implements a long-standing theoretical objective, namely, making the institution of early and conditional release more flexible. The severe and rigid condi tions of current legislation have been eliminated under military jurisdiction. Article 2 (3) stipulates that early release may be granted even in cases of precautionary detention once two thirds of the sentence have been served, provided that the prisoner's offence was not murder and that he is an alien not possessing citizenship papers. This is an important and noteworthy innovation, since under the former system early release could not be granted where precautionary detention measures had been ordered. Article 5 (3) is similarly flexible in that it gives the Supreme Military Tribunal the option of authorizing a person who has been granted early or conditional release to leave the national territory.
I Report submitted by State (CERD/C/IIAdd.57).
175 VENEZUELA
A. Non-discrimination; equal rights for men and women (article 2 of the Universal Declaration; article 3 of the International Covenant on Civil and Political Rights)'
In March 1980, the Supreme Court declared null and void article 287 of the Code of Civil Procedure, according to which: "A decent woman may not be obliged to attend any court proceeding or to give evidence". In this connection, the Supreme Court, having set aside any rule based on private morals, since the intimity of private life is also protected by the Constitution (article 59), concluded: "Consequently, since the social changes referred to above have removed the grounds for discrimination between the decent woman and the woman who is not, on the one hand, and between women and men on the other, as con tained in article 287 of the Code of Civil Procedure which has been challenged, in this appeal it is obvious that this rule clashes with article 61 of the National Constitution in regard to sex since, if this rule is not quashed, a differentiation on grounds of sex will subsist, contrary to the above-mentioned constitutional provision. " In March 1980, the Supreme Court also declared void article 423 of the Penal Code, which provided for a reduced sentence for the crimes of homicide and bodily harm when committed by a husband who has discovered that his wife is committing adultery. The Supreme Court of Justice gave the following grounds for its decision: "Ordinary legislation must yield to the constitutional rule which categorically prohibits any discrimination based on race, sex, creed or social condition ... The principle of the equality of persons of the two sexes is of a con stitutional order and prevents the ordinary legislator from providing dif ferences, including privileges, exemptions from or reduction of penalities, which signify discrimination based on sex between persons in the same cir cumstances. "
I Report submitted by State (CPR/C/6/Add.S).
176 Venezuela 177
B. Elimination of racial discrimination: development and protection of certain racial groups or individuals belonging to them (articles 2 and 26 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms cd Racial Discrimination)'
Article 51 of the Education Act (GacelG Oficial, Special Issue No. 2635 of 28 July 1980) stipulates: "The State shall pay particular attention to the indigenous population and shall preserve the indigenous sodal and cultural values of its communities, with a view to associating them with the life of the nation and enabling them to fulfil their duties and enjoy their rights as citizens withDut any discrimination what soever. Appropriate educational services shall be set up and special programmes shall be planned and implemented for this purpose." In connection with the inclusion of the indig~nous population in agrarian reform schemes, the newspaper El Universal reportedpn 8 October 1980 (pp. 2-10), that an indigenous agrarian agency is to be set up in tHe region of the Orinoco Delta to safeguard the interests of the indigenous groups benefiting from agrarian reform. This was stated at the meeting of regional agrarian attorneys held in Caracas. There is also an agency for indigenous affairs operating in th~ Federal Amazon Territory and providing legal aid for indigenous groups in the region.
C. Treatment of young offenders (article 5 of the Universal Declaration; article 10 of the International Covenant on Civil and Political Rights)'
There is no uniform or universal terminology in relation to the subject of ir regularities of behaviour by minors. However, for the purposes of comparative law, the terms which may be considered include: minors in irregular situations; aban doned minors; anti-social minors, and-even-the term of juvenile delinquent. Venezuelan law does not regard minors who are in certain situations or who have committed infringements of the laws, as delinquents in the strict sense of the term. Depending on the specific circumstances, minors may be regarded as: (a) abandoned (Minors Protection Act, article 84); (b) at risk (article 85); or (c) minors having committed offences. All three of these categories come under the heading of "minors in irregular situations" (article 95). In all cases, it should be noted that there is an age limit of 18 years under which ordinary legislation is not ap plicable to the minor, although the case may arise of a minor who comes of age dur ing a term of rehabilitation. In such a case, "the juvenile court, after consideration of a further technical report, may order continuation of the treatment, establishing ... the period of time during which the minor shall remain in the establishment" (idem., article 93).
'Ibid. (CERD/C/66/Add.31).
J Ibid. (CCPR/C/6/Add.B). 178 Part I. National Developments
Types ofmeasures In all cases, the measures which the competent official may take, prior to the ap propriate proceedings, which inchide psycho-sociological examinations of the minor, are: 1. Placing the minor under the protection of his parents, guardians, cus- I todians or responsible relatives. 2. Conditional release, 3. Placement in a family, 4. Attendance at a rehabilitation centre. 5. Attendance at a centre for treatment (Minors Protection Act, article 107). In any case, provision may be made for care in places other than the home of the minor-in establishments specializing in the treatment of disturbed minors, institu tions under the auspices of the National Institute for the Minor, etc.; in other words, there is a whole range of institutions where treatment is available to rehabilitate a minor according to his degree of maturity, level of deviancy, age, etc. Moreover, article 91 of the Act provides that "in the event that persons under and over 18 years of age act together as accomplices in the commission of the same offence, the unity of the proceedings shall be divided and the Juvenile Court shall have jurisdiction of the case in relation to the persons under 18 years of age". Thus all measures are aimed at ensuring the' full protection of the minor, the purpose of any procedure or precautionary measure being to readapt the minor to the social en vironment, to cure his irregular behaviour and to rehabilitate him so that he may become a physically and mentally useful and productive social being.
Procedure With respect to the protection mentioned, Venezuelan law provides for the in tervention of an administrative entity responsible for all matters relating to minors (National Institute for the Minor), and for a highly specialized branch of the Judiciary having jurisdiction over matters involving minors. Similarly, article 88 of the Act makes provision for any official responsible for the protection of minors to take action whenever he learns of a case of a minor com ing under one of the categories established in article 84 (Le. an abandoned minor), while article 97 makes provision for private individuals to submit applications to the Juvenile Court for it to take what m,easures it considers necessary. Any police authority must immediately transfer a minor to one of the establishments under the auspices of the National Institute for the Minor, whenever the minor "is found in any of the situations set out in chapter 1 of this book ...", Le. abandoned, at risk or having committed an offence (article 98 of the Act). . In any event, any procedure concerning a minor requires the intervention of a minor's attorney, an officer directly responsible to the Government Attorney (article 150 of the Act) and whose function is "to ensure the application of the laws for the protection of minors and of any other laws in as far as they affect the interest of the latter, to act in all good faith in defence of the rights of the minor and to collaborate in the administration of protective justice and with the National Institute for the Minor" (Minors Protection Act, article 149; National Institute for the Minor Act, G.O.2303 Extr. 1 September 1978, article 13). Venezuela 179
D. Freedom of movement and residence (article 13 ofthe Universal Declaration; article 12 of the International Covenant on Civil and Political Rights)'
The National Executive, in the exercise of its constitutional powers and keeping within the strictest ethical and legal bounds, promulgated on 22 May 1980, in Gaceta Oficial No. 31,990 of 25 May 1980, Decree No. 616, entitled Regulations for the Ad mission and Residence of Aliens in Venezuela, under which the residence of any un documented persons in Venezuela must be regularized by means of entry in a Special Register as of the date of promulgation of the Decree referred to above. It should be noted that these Regulations are only the last link in a long chain of instruments that bear witness to continuous Venezuelan concern on this subject. The Regulations for the Admission and Residence of Aliens in Venezuela have three basic objectives: 1. To regularize the residence in the national territory of numerous groups of aliens living there without having fulfilled the corresponding requirements. 2. To eliminate the disturbances to public order and safety that may ensue from the undocumented status of large groups of persons. 3. To enable those who comply with the legal requirements to carry on their activities in accordance with national legislation. Thus, it may be noted that the State, exercising its right to be informed of the number and places of residence of the aliens present on national territory, has made it compulsory to subscribe to a register, according to the procedure laid down in the articles of the Regulations.
E. Protection of children (article 25 (2) of the Universal Declaration; article 24 ofthe International Covenant on Civil and Political Rights)'
On 6 August 1936, the Venezuelan Children's Council was established, an honorary advisory body attached to the Ministry of Health. This body took it upon itself to promote the whole national movement which culminated in the promulga tion of the "Statute of Minors", the key instrument in the matter, to which we shall refer later. The Council was responsible for holding the First Venezuelan Children's Congress, which met at Caracas from 1-6 February 1938. At the Congress, a large number of problems relating to childhood were analysed, and the so-called "Table of Rights of the Venezuelan Child", that had been submitted to the "First Conven tion of Venezuelan Teachers", held from 25 August to 5 September 1936, also at Caracas was approved. On this basis was promulgated, as has already been men tioned, the "Minors Code" of 1939. This was a somewhat imperfect instrument, albeit full of good will; however, it motivated the paper submitted by the Venezuelan delegation to the Ninth Pan-American Children's Congress, at which a serious draft Minors Code was put forward (1948). This draft, with a few minor modifications,
4 Ibid. (CCPR/C/6/Add.8). , Ibid. (CCPR/C/61Add.8). 180 Part I. National Developments was the one decreed by the Military Government Junta as the "Statute of Minors" on 30 December 1949 which, improved, completed and supplemented, forms the basis of the current "Minors Protection Act" (G.O. No. 2710, Extr. of 20 January 1980). The legislative development of the protection of minors, which is extensive and detailed, states the right of every minor to live in conditions which guarantee his nor mal biological, psychological, moral and social development.
F. Right to education (article 26 oj the Universal Declaration; article 5 oj the International Convention on the Elimination ojAll Forms ojRacial Discrimination)"
The main legal instrument which must be mentioned is the recent "Fundamen tal Law on Education'" which precisely determines the conditions of the implemen tation of the guiding principles of the educational system. On 28 October 1980, the President of the Republic launched the National Literacy Compaign under the auspices of the Cultural Association for Development (ACUDE). The educational tool offered by ACUDE consists of three main items: a textbook, a related set of 31 records and a record player to listen to the lessons. This major campaign has called on the services of volunteers with basic training in reading, writing and mathematics. Only the first stage is operational at present. ACUDE proposes eventually to supply learner readers with material that includes basis notions of health, hygiene, diet farming, stock breeding etc. The objective is for Venezuela to overcome illiteracy by 1983.
'Ibid. (CERD/C/66/Add.31; CERD/C/91/Add.27).
7 Gaceta Oficial, No. 2,635 of 28 July 1980, special issue. VIET NAM
A. Elimination of racial discrimination (article 2 of the Universal Declaration; article 2 of the International Convention on the Elimination ofAll Forms ofRacial Discrimination)'
Solidarity, unity and equality among the nationalities, elimination of national divisiveness and marks of contempt, removal of the discrepancy in economic, cultural and social development levels among the various ethnic groups are guaranted by article 5-1980 Constitution. The rights and fundamental freedoms of citizens without any discrimin~tion are guaranteed by articles 56,57,58,60,61,62,64 and 67-72-1980 Constitutibn.\
B. Equality before the law (article 7 of the Universal Declaration; article 5 of the International Convention on the EliminalllJ', ofAll Forms ofRacial Discrimination)'
The people's courts, whose hearings are in public, pass judgements1with com plete impartiality towards all citizens irrespective of nationality, in accordance with the provisions of the law (articles 55 and 73-1980 Constitution).
I Report submitted by State (CERD/C/lOlIAdd.5). , Ibid.
181 YUGOSLAVIA
A. Protection of the family, motherhood and childhood (articles 16 (3) and 25 (2) of the Universal Declaration; article 10 ofthe International Covenant on Economic, Social and Cultural Rights)'
Among the basic laws regulating the protection of the family reference can be made to the following.
Socialist Republic ofSlovenia Law on Upbringing and Protection of Pre-school Children (Official Gazette of the SR ofSlovenia, No. 5/80); Decision on assistance to provide babies with layette (Official Gazette of the SR of Slovenia, No. 8/80).
B. Right to an adequate standard of living (right to health) (article 25 (1) of the Universal Declaration; article 12 of the International Covenant on Economic, Social and Cultural Rights)'
Among regulations prescribing health protection measures, mention can be made of the following.
Socialist Republic of Bosnia and Herzegovina The Law on Health Protection (Official Gazette of the SR of Bosnia and Herzegovina, No. 17/80).
Socialist Republic ofMontenegro The Law on Control of Air Pollution (Official Gazette of the SR of Montenegro, No. 14/80).
Socialist Republic of Croatia The Law on Health Protection and Health Security (Official Gazette of the SR of Croatia, No. 10/80);
I Report submitted by State (E/1980/6/Add.30).
2 Ibid. (E/1980/6/Add.30).
182 Yugoslavia 183
The Law on Removing and Transplanting Organs of the Human Body for Medical Purposes (Official Gazette of the SR of Croatia, No. 31/80).
Socialist Republic ofSlovenia The Law on Health Protection (Official Gazette of the SR of Slovenia, No. 1/80); The Law on the Implementation of Measures for Protection against Ionizing Radiation and Ensuring Safety of Nuclear Plants and Facilities (Official Gazette of the SR of Slovenia, No. 16/80).
Socialist Republic ofSerbia The Law on Establishment of the Authority to Implement Measures on Ionizing Radiation Control (Official Gazette of the SR of Serbia, No. 8/80).
Socialist Autonomous Province ofKosovo The Law on Establishment of the Authority to Implement Measures on Ionizing Radiation Control (Official Gazette of the SAP of Kosovo, No.28/80); The Law on Protection at Work (Official Gazette of the SAP of Kosovo, No. 3/80). Section B. Trust and Non-Self-Governing Territories
The New Hebrides and Southern Rhodesia attained independence during 1980; in other Trust and Non-Self-Governing Territories, progress was made towards that goal.
A. TERRITORIES THAT ATTAINED INDEPENDENCE
1. New Hebrides (Vanuatu) The New Hebrides, a condominium jointly administered by France and the United Kingdom, acceded to independence on 30 July 1980 as the Republic of Vanuatu. Having learned that incidents had been provoked on the island of Espiritu Santo in the territory by elements opposed to the majority Government elected on 14 November 1979, the Special Committee on the Situation with regard to the Im plementation of the Declaration on the Granting of Independence to Colonial Coun tries and Peoples met on 10 June 1980 and adopted a resolution, recommended by its Sub-Committee on Small Territories, concerning the New Hebrides, in which it re quested the administering Powers to take all necessary steps to restore law and order and bring about reconciliation in the territory, and to ensure that the territorial in tegrity of the New Hebrides was respected and that it acceded to independence in ac cordance with the agreed timetable. The Special Committee met again between 5 and 20 August to consider a second report on the New Hebrides by its Sub-Committee on Small Territories. On 20 August, the Committee adopted the Sub-Committee's report and endorsed its con clusions and recommendations. It noted with satisfaction that the New Hebrides had attained independence on 30 July, a result facilitated by the administering Powers.! In its resolution 35/119 of 11 December 1980, the General Assembly inter alia warmly welcomed the achievement of independence by the people of Vanuatu.
2. Southern Rhodesia (Zimbabwe) According to the December 1979 Lancaster House Agreement providing for a constitutional settlement, the Security Council terminated, on 21 December 1979, the sanctions previously imposed against the illegal regime in Southern Rhodesia.
! Official Records of the General Assembly, Thirty-fifth Session, Supplement No. 23 (A/35123/Rev.1).
184 Section B. Trust and non-self-governing territories 185
On 2 February 1980, the Security Council adopted resolution 463 (1980) by which it called on all parties to comply with the agreement and called on the United Kingdom to create conditions for a free and fair election and thereby avert the danger of the collapse of the constitutional agreement. The first general election under the principle of universal suffrage took place in Southern Rhodesia from 27 to 29 February. The former territory of Southern Rhodesia became the sovereign independent State of Zimbabwe at midnight on 17/18 April 1980. By its resolution 35/119 of 11 December 1980 the General Assembly inter alia warmly welcomed the achievement of independence by the people of Zimbabwe.
B. TRUST TERRITORIES
Trust Territory of the Pacific Islands The year 1980 saw full constitutional evolution in Palau, the Marshall Islands and the Federated States of Micronesia, as well as significant progress in the political status negotiations between the United States and the three Micronesian entities on a compact of free association. A plenary session of the political status negotiations was held at Kona, Hawaii, from 7 to 14 January 1980.' A two-nations mission (France and the United Kingdom) visited the Territory from I to 29 March 1980 to report on the political, economic, social and educational advancement of the inhabitants of the Territory. It submitted its report to the Trusteeship Council on 12 May.3 In its report, the 1980 Visiting Mission stated that the people of the Trust Ter ritory would shortly be taking an historic decision which would determine the future course of Micronesia. It reiterated the hope that after the termination of the Trusteeship Agreement, the Micronesians would take all necessary steps to establish the all-Micronesian entity which they had agreed upon at Molokai, Hawaii, in Oc tober 1977.' By its resolution 2172 (XLVII) of 29 May, the Trusteeship Council took note of the mission's report. On 12 June 1980, the Council adopted its conclusions and recommendations on conditions in the Trust Territory of the Pacific Islands.' On 9 July 1980, the constitution of Palau was formally and finally adopted in a popular referendum and became effective on I January 1981 following the general elections of 4 November 1980. Palau was now being treated as having the same status
2 A/AC. 109/613.
l T/1816.
4 A/AC. 109/613. , 5/14258. 186 Part I. National Developments as the Marshalllslands and the Federated States of Micronesia until the termination of the Trusteeship Agreement. Negotiations on future political status which would allow the termination of the Trusteeship Agreement and define the political status of the Federated States of Micronesia, the Marshall Islands and Palau in the post-trusteeship period achieved considerable progress during 1980. 6 The Special Committee discussed the situation in the Trust Territory at meetings held on 20 and 21 August 1980. By a set of conclusions and recommendations adopted on 21 August, drawn up by its Sub-Committee on Small Territories, the Special Committee reaffirmed the inalienable right of the people of the Trust Ter ritory to self-determination and independence. It also took due note of the Ad ministering Authority's intention to conclude negotiations and seek termination of the Trusteeship Agreement by 1981. 7
C. NON-SELF-GOVERNING TERRITORIES
1. American Samoa On 26 August 1980, the Special Committee approved the report of its Sub Committee on Small Territories on American Samoa and endorsed its conclusions and recommendations. It called on the United States to take all necessary steps to ex pedite the process of decolonization and underscored the responsibility of the ad ministering Power for the economic and social development of the territory. 8 By its resolution 35/23 of 11 November 1980, the General Assembly approved the chapter of the Special Committee's report on American Samoa. It welcomed an invitation extended by the United States to the Special Committee to send a visiting mission to American Samoa in 1981.
2. Antigua and St. Kitts-Nevis-AnguiIla General elections were held in Antigua on 24 April 1980, in SI. Kitts-Nevis on 18 February 1980 and in Anguilla on 28 May 1980. As regards the future status of the Associated States, the following developments can be mentioned. In Antigua, on I January 1980, Premier Vere Bird pointed out that it was his Government's intention that Antigua and Barbuda should achieve independence in 1980. On 2 August 1980, the Antigua House of Representatives approved the draft Constitution. As regards SI. Kitts-Nevis-Anguilla, on 21 March 1980, at the opening of the first Legislative Assembly following the elections, Governor Inniss stated that in-
6 AIAC. 109/661.
7 A/35123/Rev.1. • A/35123/Rev.1. Section B. Trust and non-self-governing territories 187 dependence was a serious measure which must be taken only with the full knowledge and informed consent of the people. He said that the Government proposed to prepare a public study setting out the financial implications of independence, and proposals for constitutional reform. Concerning Anguilla, it was reported in July 1980 that the United Kingdom House of Commons would consider this question at its forthcoming session.' On 14 August 1980, the Special Committee decided to defer consideration of Antigua and St. Kitts-Nevis-Anguilla to its 1981 session; 10 by its decision 35/413 of 11 November 1980, the General Assembly did the same.
3. Belize A new round of negotiations on the future of Belize started on 19-20 May 1980 in Bermuda between officials from the United Kingdom and Guatemala. I 1 On 14 August 1980, the Special Committee considered the question of Belize and decided to transmit all available information to the General Assembly. 12 By its resolution 35120 of 11 November 1980, the General Assembly declared that Belize should become an independent State before the conclusion of the 1981 regular Assembly session, called on the United Kingdom to convene a constitutional conference to prepare for the independence of Belize, called on it to continue ensur ing the security and territorial integrity of Belize, and urged it, in consultation with the Governments of Belize and Guatemala to continue their efforts to reach agree ment without prejudice to the exercise of the inalienable rights of the people of Belize. 4. Bermuda On 6 August 1980, the Special Committee adopted the report of its Sub Committee on Small Territories concerning Bermuda, and endorsed its conclusions and recommendations. It took note of the holding in 1979 of a constitutional con ference and the issuance of a white paper on independence; it welcomed changes to be made in the electoral system so that it more accurately reflected the wishes of the majority of the people. 13 In its resolution 35/21 of 11 November 1980, the General Assembly approved the chapter of the Special Committee's report on Bermuda. I. General elections were held in the Territory on 9 December 1980 under the re vised constitutional arrangements. The question of independence was not a major issue at the election, as it had been discussed at length in the House of Assembly following presentation of a white paper in November 1979. The new legislature convened on 19 December 1980."
• AIAC. 109/633. 10 A/35123/Rev.I.
11 A/AC.I09/618.
12 A/35123/Rev.I.
13 A/35123/Rev.I.
14 Ibid.
13 AIAC. 109/645. 188 Part t. National Developments
5. British Virgin Islands On 10 June 1980, the Special Committee adopted the report of its Sub Committee on Small Territories concerning the British Virgin Islands and endorsed its conclusions and recommendations. Underscoring the administering Power's responsibility for the economic and social development of its dependent territories, the Committee urged that Power to continue to strengthen and diversify the economy of the islands, expressing the hope that the signing of an agreement for oil exploration in the territorial waters would be a positive step in that direction. I. By its resolution 35/21 of 11 November 1980, the General Assembly inter alia approved the chapter of the Special Committee's report relating to the British Virgin Islands. 6. Cayman Islands On 10 June 1980, the Special Committee adopted the report of its Sub Committee on Small Territories concerning the Cayman Islands. It urged the ad ministering Power to increase its efforts to assist the territory in diversification, en couraging in particular further agricoltural and industrial development so as to reduce dependence on imports. '7 By its resolution 35/21 of 11 November 1980, the General Assembly inter alia approved the chapter of the Special Committee's report relating to the Cayman Islands. General elections took place in the Cayman Islands on 12 November 1980."
7. Cocos (Keeling) Islands On 17 June 1980, the Chairman of the Special Committee appointed members of a visiting mission to the Cocos (Keeling) Islands. The mission visited the territory from 8 to II July, at the invitation of Australia, the administering Power. During discussions held at Canberra on 7 July 1980 between members of the Mission and Australian representative, the latter stated that the Government was taking steps to ensure that the people of the Cocos (Keeling) Islands would be in a position to decide their own political future. Discussions were also held in the Territory from 8 to 10 July as well as with the Cocos Malay community at Katanning on 12 July 1980, and at the Department of Home Affairs, Canberra, on 14 July 1980. In its report, the Mission noted that numerous changes had occurred in the con stitutional, economic, social and cultural life of the Cocos Malay community since the 1974 mission and that the general situation had improved; it was of the opinion that progress had been made in the implementation of some major United Nations recommendations. The mission considered that the question of the Cocos (Keeling) Islands shoud be kept under constant review by the Special Committee and that the
" A/35123/Rev.I.
17 A/35123/Rev.I.
18 AIAC. 109/644. Section B. Trust and non-self-governing territories 189 further dispatch of United Nations visiting missions to this Territory was essential for the full implementation of General Assembly resolution 1514 (XV).'· On 24 October 1980, the Special Committee adopted and submitted for the Assembly's consideration a draft decision concerning the Cocos (Keeling) Islands. 20 This draft decision was adopted by the Assembly on 11 November as decision 35/407, by which the Assembly noted with appreciation the close co-operation and assistance extended to the visiting mission by the administering Power, the Cocos (Keeling) Islands Council and the people of the territory, calling on that power to en sure the free expression by those people of their true aspirations concerning their future status, as well as the full exercise of their inalienable right to self determination.
8. East Timor The Special Committee considered the question of East Timor on 14 August 1980, and decided to transmit to the General Assembly all relevant documentation to facilitate consideration of the question. 21 On 12 September 1980, the Council of Ministers of the Government of Portugal issued a communique on the question of East Timor. The Council considered that it was morally, politically and legally incumbent upon Portugal to define a policy aimed at solving the problem of East Timor, and set forth a policy focusing on three fundamental levels: economic and social aid for refugees from East Timor living in Portugal; humanitarian aid to Timorese inside East Timor; consultations, on the diplomatic level, on the political and legal status of East Timor. In September it was reported that Indonesia had rejected Portugal's proposal for talks on East Timor22 For its consideration of this question at its thirty-fifth session, the General Assembly had before it a report by the Secretary-General. 23 On 11 November 1980, the Assembly adopted resolution 35/27 on East Timor. It thereby reaffirmed the inalienable right of the people of East Timor to self determination and independence; welcomed Portugal's diplomatic initiative as a first step towards the free exercise of the people's right to self-determination and in dependence and urged all parties directly concerned to co-operate fully with a view to creating conditions necessary for the implementation of resolution 1514 (XV); the Assembly also expressed its deepest concern at the continued suffering of the people of the territory.
9. Falkland Islands (Malvinas) On 28 and 29 April 1980, a ministerial meeting was held at New York on the question of the Falkland Islands (Malvinas) between the Governments of Argentina
,. A/AC. 109/635.
20 A/35123/Rev.1.
21 A/35123/Rev.1.
22 A/AC.109/663.
23 A/351524. 190 Part I. National Developments and the United Kingdom. 24 By letters dated 5 May 1980, the Permanent Represen tatives of Argentina and the United Kingdom to the United Nations informed the Secretary-General of the holding of this meeting. H The Special Committee considered the question of the Falkland Islands (Malvinas) on 14 August 1980. It decided to transmit the relevant documentation to the Assembly.2. On 25 September, during the thirty-fifth session of the General Assembly, the Minister for External Relations and Worship of Argentina, and the United Kingdom Secretary of State for Foreign and Commonwealth Affairs held a meeting at New York." By its decision 35/412 of 11 November 1980, the General Assembly decided to defer consideration of the question until its thirty-sixth session.
10. Gibraltar General elections were held in Gibraltar on 9 February 1980. Issues in the cam paign included the question of Gibraltar's future, the blockade of Gibraltar by Spain and domestic questions. On 9 and 10 Apri11980, a meeting was held at Lisbon between Spain's Minister for External Affairs and the United Kingdom Secretary of State for Foreign and Commonwealth Affairs. In a communique issued after the meeting (the Declaration of Lisbon), the Governments ofthe United Kingdom and Spain stated their intention to resolve the Gibraltar problem in accordance with the relevant United Nations resolutions and in a spirit of friendship. 2. Joint meetings were held on 5 and 22 May 1980 at Madrid and on 3 June and 17 July at London between Spanish and British officials to discuss matters relating to the opening of the frontier between Spain and Gibraltar. 29 The Special Committee considered the question of Gibraltar on 14 August 1980, and decided to transmit all available information on the question to the General Assembly. ,. By its decision 35/406 of 11 November, the Assembly noted that a declaration had been signed in Lisbon on 10 April; it urged the Governments of Spain and the United Kingdom to make possible the initiation of negotiations envisaged in the Assembly consensus statement of 14 December 1973, with the object of reaching a lasting solution to the problem of Gibraltar.
" AIAC. 109/670. " A/351222 and A/351223. 2. A/35123/Rev.I'\
27 AIAC. 109/67lJ.
28 A/AC.109/603 and Corr.1.
29 AIAC. 109/662.
3D A/35123/Rev.1. Section B. Trust and non-self-governing territories 191
11. Gnam In March 1980, a senator of the Gnam Legislature called for the creation of a commission comprising representatives from Guam and the Northern Mariana Islands to explore whether it would be possible to reunite the entire Mariana chain of islands. JI On 8 May 1980, the Fifteenth Guam Legislature passed a bill creating a commis sion on self-determination with wide-ranging powers to negotiate political status changes with the United States. The Governor signed the bill into law on 31 May 1980.3' On 20 August, the Special Committee approved the report on Guam of its Sub Committee on Small Territories and endorsed its conclusions and recommendations. Recognizing that the presence of military bases could constitute a factor impeding implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, it reaffirmed its strong conviction that their presence in Guam should not prevent Guam's people from exercising their inalienable right to self-determination and independence. J3 By its resolution 35/22 of 11 November 1980, the General Assembly, reaffirm ing the inalienable right of the people of Guam to self-determination and in dependence, called on the administering Power to take all necessary steps to expedite the process of decolonization. The Assembly also reaffirmed the administering Power's responsibility for Guam's economic and social development, and urged the administering Power to continue to safeguard and guarantee the right of the people of Guam to own, dispose of and control the future development of their natural resources. General elections were held in Guam on 4 November 1980. In November, the Committee on Federal-Territorial Affairs published a booklet presenting its study of the difficult status options facing Guam. The study recom mended that Guam opt for Commonwealth status in the short run and statehood in the longer run, either alone or in union with the Northern Mariana Islands. J4
12. Montserrat On 5 August 1980, the Special Committee adopted the report of its Sub Committee on Small Territories concerning Montserrat, and endorsed its conclu sions and recommendations. It took note of recent statements by the Chief Minister that the question of independence would be actively considered during his term of office. 3S On 30 October 1980, speaking at the opening of the 25th meeting of the West Indies Associated States (WIAS) Council of Ministers, the Deputy Chief Minister of the Territory expressed the view that self-determination had to be the ultimate goal
JI AIAC.l09/606.
J2 AIAC.109/650.
]J A/35123/Rev.I.
34 AIAC.109/650. " A/35123/Rev.I. 192 Part I. National Developments for Montserrat and announced in that regard that the Government was keeping the Territory's social and economic developments under periodic review in order better 3 to determine the opportune timing for any change in the present status. • By its resolution 35/21 of 11 November 1980, the General Assembly inter alia approved the chapter of the Special Committee's report on Montserrat.
13. Namibia In view of South Africa's provisional acceptance of the concept of a demilitar ized zone, the Secretary-General informed the Security Council on 9 January 1980 that he proposed to proceed with detailed technical discussions on the demilitarized zone with the parties concerned. During 1980, an exchange of communications took place between the South African Government and the Secretary-General on this question. However, while participating in United Nations-sponsored negotiations for an internationally acceptable settlement to the question of Namibia, in 1980 the South African Government persisted in defying the Organization and the international community as a whole by taking further steps to impose an internal settlement under a puppet Government. 37 The United Nations Council for Namibia transmitted to the General Assembly at its 1980 session its annual report on developments concerning the territory and on the Council's activities from 26 October 1979 to 31 July 1980.". . From 28 May to 1 June, the Council held a series of extraordinary plenary meetings at Algiers to appraise the critical situation in Namibia resulting from the il legal occupation of the territory by South Africa and to review United Nations ef forts to implement Security Council resolutions 385 (1976) and 435 (1978). On 1 June, the council adopted the Algiers Declaration and Programme of Action on Namibia in support of self-determination and national independence in Namibia, by which it defined principles vital to Namibia's accession to genuine independence and set forth a programme of action which included a request to the Security Council to impose comprehensive and mandatory sanctions against South Africa as provided for under Chapter VII of the Charter of the United Nations. 39 In June, July and August 1980, the President (or the Acting President) of the United Nations Council for Namibia transmitted to the Secretary-General the texts of the reports of the Council's six consultative missions to a number of Member States to discuss with their Governments measures to obtain the withdrawal of the il 4 legal South African administration from Namibia. • On 21 August 1980, the Special Committee adopted a consensus statement strongly condemning South Africa's continued illegal occupation of Namibia and re-
36 AIAC.I09/643. " AIAC.I09/653. " Official Records of the General Assembly, Thirty-fifth Session, Supplement No. 24 (A/35124), vo!. I, vo!. II and Corr.I-2 and vo!. Ill. 39 A/351285. 4. A/35/300, A/35/301, A/35/337, A/35/338, A/35/339 and A/35/364. Section B. Trust and non-self-governing territories 193 jecting all manoeuvres by South Africa to legalize the puppet regime it had installed there. 41 A United Nations mission headed by Mr. Brian Urquhart, Under-Secretary General for Special Political Affairs, held discussions with the South African Government from 20 to 25 October at Pretoria. In a report to the Security Council dated 24 November, the Secretary-General set forth a number of conclusions regarding the issues discussed at Pretoria. Among these conclusions, it was stated that the independence of Namibia should be achieved in 1981, in accordance with Security Council resolution 435 (1978). On 16 December 1980, the General Assembly, by its decision 35/442 decided that the activities of the United Nations Council for Namibia and the support ex tended to the Office of SWAPO in New York, in order to ensure appropriate representation of the people of Namibia, should be maintained during 1981 at the same level as during 1980. On 17 December, the Assembly suspended its thirty-fifth session until January 1981, when it was to resume its consideration of the question of Namibia.
14. Pitcairn On 10 June 1980, the Special Committee adopted the report of its Sub Committee on Small Territories on Pitcairn, approving its draft consensus statement noting the willingness of the administering Power-the United Kingdom-to discuss any change of constitutional status with the people of the territory whenever those people so desired. 42 By its decision 35/411 of 11 November 1980, the General Assembly deferred consideration of Pitcairn until its 1981 session.
15. Saint Helena In May 1980, the representative of the United Kingdom informed the Special Committee's Sub-Committee on Small Territories that the policy of his Government continued to be the promotion of the Territory's political, social and economic development in accordance with the wishes of its people. He observed that neither the elected councillors nor the islanders they represented had formulated any pro posals for independence, nor had the question of independence been raised as an election issue. 4l On 10 June, the Special Committee approved a draft consensus statement of its Sub-Committee on Small Territories concerning Saint Helena. 44 On that basis, the General Assembly, by its decision 35/409 of 11 November 1980 adopted a consensus statement by which it reaffirmed the inalienable right of the people of the Territory to self-determination and independence, and urged the United Kingdom, as administering Power, to continue to ensure the speedy attainment of the goals con-
41 A/35123/Rev.1.
42 A/35123/Rev.1.
4J AIAC.I09/649.
44 A/35123/Rev.l. 194 Part I. National Developments tained in the Declaration on the Granting of Independence to Colonial Countries and Peoples.
16. Tokelau On 21 August 1980, the Special Committee approved the report of its Sub Committee on Small Territories concerning Tokelau and endorsed its conclusions and recommendations. It noted with appreciation the willingness of the administer ing Power to maintain its close co-operation with the Committee and the United 4 Nations in the exercise of its responsibility towards Tokelau. ' On 16 October, the representative of the administering Power reiterated before the Fourth Committee her Government's position that in its efforts to assist Tokelau towards a degree of self-government and to bring about increased self-sufficiency, 4 New Zealand would be bound by the wishes of the Tokelauan people. • On 11 November, by its decision 35/408, the Assembly adopted a consensus statement whereby it reaffirmed the inalienable right of the people of Tokelau to self-determination and independence, and commended the administering Power for its efforts to foster an increased awareness of the avenues of constitutional develop ment open to the people of Tokelau through a political education programme; the Assembly also welcomed an invitation extended to dispatch a visiting mission to Tokelau in 1981. On 2 December 1980, an international treaty was signed for the first time in the Territory. The Treaty of Toke-Hega with the United States of America would delimit the maritime boundary between Tokelau and American Samoa. 47
17. Turks and Caicos Islands On 1 February 1980, a delegation of officials from the Territory visited London for talks on constitutional advance. A mission visited the Territory from 16 to 26 April at the United Kingdom's in vitation. The visiting mission met with a number of officials on 16-17 April 1980; it visited a number of sites in Grand Turk, visited South Caicos, Providenciales, Middle Caicos, Salt Cay, North Caicos, Bottle Creek and Kew; the mission then held discussions at London on 27 May 1980. The Chairman of the mission stated that from the contacts it had had with the Government and a wide segment of the island's population, it appeared evident that the people of the islands took the position that the idea of independence on such short notice, under the terms of the United Kingdom proposal, was to be rejected. Within the framework of the United Nations, the administering Power had serious responsibilities on the economic and social levels, as well as on the political level. The mission considered it to be most impor tant that the Turks and Caicos Islands should accede to independence in accordance with the express wish of the people. The mission recommended that the political education of the people be intensified; that efforts be made to safeguard the political
" A/35123/Rev.J. 4' AIAC. 109/680. ., AIAC.109/680. Section B. Trust and non-self-governing territories 195 evolution of the islands from external influence; that the territorial government be granted constitutional changes towards greater self-government. 48 The Special Committee considered the question of the Turks and Caicos Islands at meetings in March, May, August and October 1980. On 24 October, it approved the text of a draft resolution which it recommended for the consideration of the General Assembly.4' A visiting mission was sent by the Special Committee to the Territory from 31 October to 7 November, to observe general elections held on 4 November 1980. The mission held consultations with officials before and after the elections. In its con clusions, the mission stated that it was of the view that the elections were conducted in a free and fair manner and that its results therefore expressed the true wishes of the people.'0 . By its resolution 35/25 of 11 November, the Assembly approved the chapter of the Special Committee's report regarding the Turks and Caicos Islands.
18. United States Virgin Islands The question of the Territory's political status was discussed on 27 February 1980, at a meeting of the Special Committee on Territorial-Federal Relations, a group created earlier by the Legislature to identify future political alternatives for the United States Virgin Islands and to improve financial conditions. On 4 March 1980, members of this Special Committee agreed to draft a bill expressing the desire of the Government to modify the existing status of the Territory. After the proposed territorial constitution was rejected by the voters of the United States Virgin Islands in a referendum in March 1979, a bill was initiated by the Governor to convene a fourth constitutional convention to write a new consti tution. The convention was convened on 24 March 1980." The first draft of the pro posed constitution prepared by the Convention was issued on 18 July 1980. On 31 July, the convention adopted the proposed constitution. The new document con tained some important changes compared with the documents the voters rejected in March 1979. In response to President Carter's invitation to negotiate political status changes with the United States, the territorial Legislature passed a bill on 25 June 1980 creating the United States Virgin Islands Status Commission. The Status Commis sion was to study the advantages and implications of various options available to the people of the United States Virgin Islands." On 20 August 1980, the Special Committee adopted the report of its Sub Committee on Small Territories on the United States Virgin Islands and endorsed its conclusions and recommendations. It took note of the recent political and constitu tional developments in the United States Virgin Islands. It welcomed the administer-
48 AIAC. 109/636 and Add.I-2. 4' A/35123/Rev.l. " AIAC.109/664. " AIAC.109/608. " AIAC.I09/657. 196 Part I. National Developments ing Power's assurances that it would continue to respect the freely expressed wishes of the people of the territory with regard to their future. 53 Legislative elections took place on 4 November 1980. 54 By its resolution 35/24 of 11 November, the General Assembly approved the chapter relating to the United States Virgin Islands in the report of the Special Com mittee.
19. Western Sahara The Special COIllmittee considered the question of Western Sahara on 14 August 1980. It decided to transmit to the General Assembly all available informa tion on the question in order to facilitate consideration of the item. 55 The AdHoc Committee of Heads of State and Government of the Organization of African Unity (OAU) on Western Sahara met from 9 to 12 September 1980. At the conclusion of the meetings, the Ad Hoc Committee was said to have adopted a six-point plan recommending, inter alia, that a fair and general referendum be held in Western Sahara, and that a cease-fire go into effect by December 1980." On 11 November 1980, by its resolution 35/19, the General Assembly re affirmed the inalienable right of the people of Western Sahara to self-determination and independence and the legitimacy of their struggle to ensure that right. It declared again its concern at the aggravation of the situation deriving from Morocco's oc cupation of Western Sahara, appealing to Morocco to join the peace process and end that occupation. The Assembly also urged Morocco and POLISARIO, represen tative of the people of Western Sahara, to enter into direct negotiations. In December 1980, it was reported that Spain had, for the first time, given of ficial recognition to the Frente POLISARIO, and had made a strong declaration in support of self-determination for the people of Western Sahara. 57
53 A/35/23/Rev.1. "A/AC. 109/657. " A/35/23/Rev.1. " A/AC.I09/667. " AIAC.109/667. PART II
ACTIVITIES OF THE SUPERVISORY BODIES Section A. Practice of the supervisory bodies
A. Committee on the Elimination of Racial Discrimination
INTRODUCTION
The Committee on the Elimination of Racial Discrimination held two regular sessions in 1980. The twenty-first session (456th to 477th meetings) was held from 24 March to 11 April 1980 at the United Nations Office at Geneva; and the twenty second session (478th to 499th meetings) was held from 4 to 22 August 1980 at United Nations Headquarters, New York. I In accordance with decision 2 (VI) of 21 August 1972 of the Committee concern ing co-operation with the International Labour Organisation (lLO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO), represen tatives of both organizations attended the twenty-first and twenty-second sessions of the Committee. 2 At its twenty-first session, the Committee had before it a document (CERD/C/69) entitled "Preliminary reflections of UNESCO concerning the im plementation of the provisions of article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination", prepared and submitted by UNESCO in response to the Committee's invitation, in its decision 2 (XIX), to transmit to it suggestions for the preparation of general guidelines with a view to assisting States parties to implement article 7 of the Convention. At the twenty-second session, the report of the ILO Committee of Experts on the Application of Conventions and Recommendations, submitted to the sixty-sixth session of the International Labour Conference, was made available to the members of the Committee on the Elimination of Racial Discrimination in accordance with ar rangements for co-operation between the two Committees of Experts, in particular of those sections which dealt with the application of the Convention No. Ill, Discrimination (Employment and Occupation), 1958, as well as of other information in the report relevant to its activities. 3
I Report ofthe Committee on the Elimination ofRacial Discrimination, Official Records of the General Assembly, Thirty-fifth Session, Supplement No. 18 (A/35/18), para. 3.
2 Ibid., para. 10.
3 Ibid., paras. 12-13.
199 200 Part 11. Activities of the supervisory bodies
1. CONSIDERATION OF REPORTS, COMMENTS AND INFORMATION SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION
(a) Consideration ofreports At its twenty-first and twenty-second sessions, the Committee examined the reports and additional information submitted by the following 38 States parties under article 9 of the Convention:'
Summary of cons;deration contained in Meetings the report Typeo! at which Dale of (A/35/18), State party report Report symbol considered consideration paragraphs: Italy...... Second CERD/C/46/Add.1 457-458 25/3/80 58-73 and Corr.1 Iraq ...... Fourth and CERD/C/50/Add.1 458-459 25, 26/3/80 74-85 Fifth Austria ...... Fourth CERD/C/48/Add.6 459 26/3/80 86-95 Peru ...... Fourth CERD/C/18/Add.7 459-460 26/3/80 96-103 United Arab Emirates ... Third CERD/C/47/ Add.2 460 26/3/80 104-108 Iceland ...... Sixth CERD/C/66/Add.7 461 27/3/80 109-115 Democratic yemen...... Third and CERD/C/48/Add.7 461-462 27/3/80 116-123 Fourth Jamaica ...... Fourth CERD/C/18/Add.8 463 28/3/80 124-127 Trinidad and Tobago..... Third CERD/C/17/Add.3 463 28/3/80 128-136 MaIL ...... Third CERD/C/47/Add.1 464 28/3/80 137-145 Ethiopia ...... Second CERD/C/46/Add.3 464-465 28, 31/3/80 146-154 Burundi ...... Initial CERD/C/15/Add.3 465-466 31/3/80 155-164 Brazil ...... Sixth CERD/C/66/Aqd.1 466 31/3/80 165-175 Mongolia ..... Fifth CERD/C/20/Add.37 467 1/4/80 176-189 Finland...... Fifth CERD/C/50/Add.3 467-468 1/4/80 190-202 Venezuela .... Sixth CERD/C/66/Add.2 468 1/4/80 203-209 Romania ...... Fifth CERD/C/50/Add.4 469-470 2/4/80 210-220 Norway ...... Fifth CERD/C/50/Add.5 470-471 2, 3/4/80 221-232 Cyprus ...... Sixth CERD/C/66/Add.3 471 3/4/80 233-245 Greece ...... Fifth CERD/C/50/Add.2 472 3/4/80 246-252 Iran ...... Sixth CERD/C/66/Add.5 472 3/4/80 253-259 Egypt ...... Sixth CERD/C/66/Add.4 472 3/4/80 260-267 Argentina..... Sixth CERD/C/66/Add.6 479-480 5/8/80 268-280 Qatar ...... Second CERD/C/46/Add.2 480 5/8/80 281-288 Czecho- slovakia .... Sixth CERD/C/66/Add.8 480-481 5, 6/8/80 289-301 Morocco ...... Fifth CERD/C/65/Add.1 481 6/8/80 302-309
4 Ibid., para. 54. Section A. Practice of the supervisory bodies 201
Summary 0/ consideration contained in Meetings the report Type oJ at which Dale oJ (A/35/18), Slate party report Report symbol considered consideration paragraphs: United Republic of Tanzania... Third and CERD/C/48/Add.8 481-482 6/8/80 310-3 I8 Fourth Hungary ...... Sixth CERD/C/66/Add.9 482 6/8/80 319-329 Israel ...... Initial CERD/C/61/Add.1 483 7/8/80 330-334 Pakistan ...... Sixth CERD/C/66/Add. 10 484 7/8/80 335-346 Tunisia ...... Sixth CERD/C/66/Add. II 484-485 7,8/8/80 347-354 Philippines ... Sixth CERD/C/66/Add.12 485-486 8/8/80 355-369 and Add.19 Zaire...... Second CERD/C/46/AddA 486-487 8, 11/8/80 370-384 United Kingdom... Sixth CERD/C/66/Add. 13 487-488 11/8/80 385-399 and Add.24 USSR ...... Sixth CERD/C/66/Add.14 489-490 12/8/80 400-422 Ukrainian SSR ...... Sixth CERD/C/66/Add.15 490 12/8/80 423-434 Poland ...... Sixth CERD/C/66/Add.17 490 12/8/80 435-441 Byelorussian SSR ...... Sixth CERD/C/66/Add. 18 491 13/8/80 442-452 Mexico ...... Third CERD/C/63/Add.1 492 13/8/80 453-460
(b) Revision of the general guidelines of the Committee concerning the form and contents ofreports submitted by States parties under article 9, paragraph 1, of the Convention The Committee, at its nineteenth session, had considered a working paper pro posed by one of its members concerning the arrangement of information in the reports of States parties under article 9, paragraph 1, of the Convention, and had decided to set up a working group, composed of six of its members, to meet during its twentieth session in order to study the various proposals made, and to submit draft general guidelines for consideration by the Committee. The Working Group established by the Committee held two informal meetings during the twentieth session, elected its Chairman/Rapporteur, and held a preliminary discussion of the various proposals submitted to it concerning the re vision of the Committee's general guidelines. The Chairman/Rapporteur of the Working Group reported to the Committee, at its 451st meeting, on the results of the discussion in the Working Group of questions within its terms of reference. The Working Group also requested the Secretariat to prepare a new draft of the guidelines to enable it to reach a final decision. After an exchange of views by its members, the Committee decided to extend the mandate of the Working Group to meet again during the twenty-first session in order to continue its work on the re vision of the general guidelines. 202 Part 11. Activities of the supervisory bodies
At its 473rd and 475th meetings (twenty-first session), on 8 and 9 April 1980, the Committee considered the revised general guidelines proposed by its Working Group on the basis of a draft submitted by the Secretariat. The Chairman/Rapporteur of the Working Group, introducing the revised general guidelines (Conference Room Paper 97), pointed out that the new draft incorporated the substantive parts of the general recommendations and requests for information adopted by the Committee since the preparation of its original communication to States parties (CERD/C/R.12). The basic difference between the previous communication to States parties and the revised general guidelines was that the latter followed the order of the articles of the Convention, whereas document CERD/C/R.12 had endeavoured to list subjects on which information was requested in a more systematic manner than was done in the Convention itself. Experience had shown, however, that that arrangement had sometimes led to confusion as to what was required. The working group had con cluded that the guidelines should be as short as possible and that, in order to avoid any particular interpretation of the Convention, they should, as far as possible, use the wording of the Convention itself. The Committee, after discussing the draft proposed by its working group, adopted the revised general guidelines unanimously, with some amendments pro posed by members of the Committee during the discussion. The text, as adopted, appears in the annex to the present Yearbook.'
2. CONSIDERATION OF PETITIONS, REPORTS AND OTHER INFORMATION RELATING TO TRUST AND NON-SELF-GoVERNING TERRITORIES AND TO ALL OTHER TERRITORIES TO WHICH GENERAL AsSEMBLY RESOLUTION 1514 (XV) APPLIES, IN CONFORMITY WITH ARTICLE 15 OF THE CoN VENTION
Article 15, paragraph 2, of the Convention reads as follows: "(a) The Committee established under article 8, paragraph 1 of this Con vention shall receive copies ofthe petitions from, and submit expressions of opi nion and recommendations on these petitions to, the bodies of the United Na tions which deal with matters directly related to the principles and objectives of this Convention in their consideration ofpetitions from the inhabitants of Trust and Non-Self-Governing Territories and all other Territories to which General Assembly resolution 1514 (XV) applies, relating to matters covered by this Con vention which are before these bodies. "(b) The Committee shall receive from the competent bodies of the United Nations copies of the reports concerning the legislative, judicial, ad ministrative or other measures directly related to the principles and objectives of this Convention applied by the administering Powers within the Territories mentioned in sub-paragraph (a) of this paragraph, and shall express opinions and make recommendations to these bodies."
, Ibid., paras. 461-465. Section A. Practice of the supervisory bodies 203
Article 15, paragraph 3, states: "The Committee shall include in its report to the General Assembly a sum mary of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee relating to the said petitions and reports." The Committee considered this item at its 473rd meeting (twenty-first session), on 8 April 1980, and at its 496th meeting (twenty-second session), on 19 August 1980. 6 The opinions and recommendations of the Committee, based on its considera tion of copies of reports and other information submitted to it in 1980 under article 15 of the Convention, as adopted by the Committee at its 496th meeting on 19 August 1980, appear below in part two, section B, of the Yearbook.
3. DECADE FOR ACTION TO CoMBAT RACISM AND RACIAL DISCRIMINATION
During the year under review, the Committee considered this item at its 476th meeting (twenty-first session), held on 10 April 1980, and at its 493rd and 494th meetings (twenty-second session), held on 15 and 18 August 1980.
B. Human Rights Committee
INTRODUCTION
The Human Rights Committee held three sessions in 1980; its ninth, tenth and eleventh sessions were held at the United Nations Office at Geneva from 17 March to 3 April, from 14 July to 1 August 1980 and from 20 to 31 October 1980 respectively. 7 In accordance with rule 89 of its provisional rules of procedure, the Committee established working groups to meet before its ninth, tenth and eleventh sessions in order to make recommendations to the Committee regarding communications under the Optional Protocol. 8 Another working group was established for the eleventh session with a view to making recommendations on the duties and functions of the Committee under ar ticle 40 of the Covenant and related matters. 9
6 Ibid., para. 466.
7 Reports of the Human Rights Committee, Official Records of the General Assembly, Thirty-fifth Session, Supplement No. 40 (A/35/40), para. 3, and Thirty-sixth Session, Sup plement No. 40 (A/36/40), para. 4. • A/35/40, para. 6; A/36/40, para. 9.
9 A/36/40, para. 14. 204 Part 11. Activities of the supervisory bodies
1. REpORTS OF STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
(a) Consideration ofreports The initial reports submitted by Canada, Iraq, Mongolia and Senegal were con sidered by the Committee at its ninth session. 10 The initial reports submitted by Colombia, Costa Rica and Suriname were con sidered by the Committee at its tenth session. The supplementary report of Hungary was also considered at the tenth session. " The initial reports submitted by Venezuela, Denmark and Italy were considered by the Committee at its eleventh session.
Summary of consideration contained in Meetings the report Type of 01 which Dale of (A/35/40), Slale parly report Reporl symbol considered consideration paragraphs: Mongolia ..... Initial CCPR/C/1/Add.38 197, 198, 19, 88-118 202 21/3/80 Iraq ...... Initial CCPR/C/l/AddA5 199,200, 20, 119-153 203,204 24/3/80 Canada...... Initial CCPR/C/l/AddA3 205~208, 25,26, 154-196 (Vol. I and II) 211 23/3/80 SenegaL...... Initial CCPR/C/6/Add.2 213,214, 31/3 and 197-238 217 2/4/80 Colombia..... Initial CCPR/C/1/Add.50 221, 222, 15-17/7/80 239-274 223,226 Suriname ..... Initial CCPR/C/4/AddA 223,224, 16, 18/7/80 275-306 227 Hungary ...... Sup- CC:PR/C/1/Add.44 225, 228 17, 18/7/80 307-333 plementary Costa Rica.... Initial CCPR/C/1/AddA6 235,236, 24,28/7/80 334-369 240 Venezuela .... Initial CCPR/C/6/Add.3 248,249 21,23/10/80 45-77 252 Denmark ..... Initial CCPR/C/1/Add.51 250,251, 22, 23/10/80 78-103 (3rd part) 253 Italy...... Initial CCPR/C/6/AddA 257,258, 28, 30/10/80 104-147 261
(b) Question of the reports and general comments of the Committee The Human Rights Committee established a working group to meet before the eleventh session in order to consider the formulation of such general comments as would be likely to gather the support of the Committee as a whole, and to examine what further work, if any, the Committee should undertake to give effect to its duties under article 40 of the Covenant.
10 A/35/40, para. 33.
11 Ibid., para. 42. Section A. Practice of the supervisory bodies 205
At its 260th meeting (eleventh session) the Committee adopted by consensus a statement, on the basis of a text prepared by the working group which had been discussed and amended during informal meetings and consultations at the same ses sion. For the text of the statement, see Part 11, section B of the present Yearbook. During the discussion that preceded the adoption of the text of the statement, a number of members stressed that this was only a step in the direction of promoting the effective implementation of human rights and of helping the Committee to discharge its responsibilities; that the procedure agreed upon was, as mentioned in the statement itself, without prejudice to further consideration of the Committee's duties under article 40, paragraph 4, of the Covenant; and that although the Com mittee's achievements to date in the examination of reports should not be underestimated, the Committee needed to keep its procedures under constant review and to improve and develop them further in the light of experience. It was also pointed out that the analysis to be prepared by the Secretariat, as provided in paragraph (j) of the statement, was intended for internal use by the Committee and would not be distributed to States parties. The representative of the Secretary-General noted that the text that had been adopted by consensus entrusted new tasks to the Secretariat. Paragraph (h) re quested a digest or list of questions most frequently asked by members of the Com mittee, while paragraph (j) requested the Secretariat to establish, after each examin ation of a State report, an analysis based on a study of that report. The Secretariat would do its best to assist the Committee in those new tasks, as well as in its regular ones. His interpretation of the request in paragraph (j) was that it applied to the future and did not have retroactive effect. '2
2. CoNSIDERATION OF COMMUNICATIONS UNDER THE OPTIONAL PROTOCOL
At its ninth session (17 March to 4 Apri11980) the Committee had before it 28 communications for resumed consideration as well as 6 communications which were before it for the first time. At its tenth session (14 July to 1 August 1980) the Com mittee had before it 28 communications for resumed consideration and 8 com munications which were before it for the first time. 13 The Committee's work under the Optional Protocol is divided into two main stages: (a) examination of communications with a view to determining whether they are admissible under the Optional Protocol or not (the Committee may also, at this stage, decide to discontinue consideration of a communication, without taking a decision as to its admissibility); (b) consideration of communications with a view to formulating the Committee's views on the merits of the case. Under article 5 (3) of the Optional Protocol, the Committee's work under the Protocol is conducted in closed meetings. 14
" A/36/40, paras. 380-383.
IJ A/35/40, para. 386.
14 Ibid., para. 390. 206 Part 11. Activities of the supervisory bodies
Issues arising at the admissibility stage As in earlier years, the Committee's consideration of questions relevant to the admissibility of communications concerned mainly the following issues: firstlY, the standing of the author of the communication when he does not claim to be a victim himself but purports to act on behalf of an alleged victim and, in particular, the cir cumstances in which an author may claim to be justified in acting on behalf of an alleged victim, even without that individual's prior knowledge or consent; secondly, issues that arise from the fact that the Covenant and the Optional Protocol became binding on the States parties concerned as from a certain date; thirdly, the provision of article 5 (2) (a) of the Optional Protocol which precludes the Committee from considering a communication if the same matter is being examined under another procedure of international investigation or settlement; and fourthly, the provision of article 5 (2) (b) of the Optional Protocol, which precludes the Committee from con sidering a communication if domestic remedies have not been exhausted with regard to the alleged violations complained of (see article 2 of the Optional Protocol). In ad dition, the admissibility criteria set out in article 3 of the Optional Protocol (pro viding that a communication shall be declared inadmissible if it is anonymous: if it is to be regarded as an abuse of the right of submission; or if it is considered to be in compatible with the provisions of the Covenant) have also been relevant to the ex amination of a number of communications. The decisions of the Committee at its ninth, tenth and eleventh sessions con tinued to reflect the same approach to the issues involved as that established in earlier years." At its ninth session the Committee concluded its consideration of one com munication (No. R.2/8) concerning Uruguay by adopting its final views. It was the Committee's view that the communication revealed a number of violations by the State party of the provisions of the Covenant. In respect of another communication (No. R.7/3!) concerning Uruguay, which was before the Committee at its ninth session, the Committee decided to discontinue its consideration, after taking note with satisfaction that the State party had taken appropriate steps to remedy the matter complained of. At its tenth session the Committee adopted its final views in respect of three communications concerning Uruguay (communications Nos. R.1/4, R.1/6 and R.2/!!. It was the Committee's view that all three communications revealed breaches by the State party of various provisions of the Covenant. An individual opinion was submitted by a member of the Committee concerning communication No. R.2/!!.'· At its eleventh session, the Committee concluded consideration of one case by adopting final views (Case No. R.7128 Weinberger v. Uruguay). Procedural de cisions in 20 other cases at various stages in the Optional Protocol procedure were adopted."
" Ibid., paras. 390-399. " Ibid., paras. 402-404.
17 A/36/40, para. 399.1. Section A. Practice of the supervisory bodies 207
Status ofcommunications submitted to the Human Rights Committee under the Optional Protocol"
Since the Human Rights Committee began consideration of communications at its second session in 1977, 72 communications have been placed before it under the Optional Protocol. These communications relate to Canada (17), Colombia (4), Denmark (4), Finland (3), Iceland (1), Italy (1), Madagascar (1), Mauritius (1), Norway (2), Sweden (1), Uruguay (36) and Zaire (1). Of the 72 communications placed before the Committee so far, 33 are no longer under active consideration. Their consideration has been concluded as follows: Eight communications have been declared as suspended or discontinued; Seventeen communications (initially placed before the Committee as 18 communi- cations) have been declared inadmissible; Six communications (initially placed before the Committee as 7 communications) have been concluded by the adoption of views under article 5 (4) of the Optional Protocol. The status of the remaining 39 communications which are pending before the Committee for further consideration is as follows: Twelve communications are to be examined further, prior to a decision as to their admissibility, in the light of information requested from the States parties and/or the authors under rule 91 of the Committee's provisional rules of pro cedure. These communications relate to Canada (2), Colombia (3), Iceland (1), Italy (1), Madagascar (1) and Uruguay (4); Twenty-seven communications have been declared admissible under the Optional Protocol for consideration on the merits. These communications relate to Canada (4), Colombia (1), Finland (2), Mauritius (1), Sweden (1), Uruguay (17) and Zaire (1). Owing to lack of time the Human Rights Committee has been unable to con clude its consideration and adopt its views on a number of communications in respect of which the time-limits established by article 4 (2) of the Optional Protocol and laid down pursuant to rule 93 (3) of the Committee's provisional rules of pro cedure have expired. In several of these cases the States parties concerned have already submitted their explanations or statements under article 4 (2) ofthe Optional Protocol and the authors of the communications have furnished additional informa tion or observations under rule 93 (3) of the Committee's rules of procedure. As many as 14 of the 27 pending communications already declared admissible under the Optional Protocol would, by virtue of established time-limits, be before the Committee at its next session for consideration on the merits.
18 A/35/40, paras. 405-409. 208 Part 11. Activities of the supervisory bodies
C. Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights
1. ORGANIZATIONAL MATTERS
The second session of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights, established in accordance with the provisions of Economic and Social Council resolution 1988 (LX) of 11 May 1976 and its decision 1978/10 of 3 May 1978, was held at United Na l tions Headquarters. • At its 2nd meeting, the Working Group decided that, during this session it would consider only those reports submitted by States parties to the Covenant con cerning rights covered by articles 6 to 9. 20
2. CoNSIDERATION OF THE REPORTS SUBMITTED BY STATES PARTIES CONCERNING RIGHTS COVERED BY ARTICLES 6 TO 9 OF THE CoVENANT, IN ACCORDANCE WITH CoUNCIL RESOLUTION 1988 (LX)
The Working Group considered the reports submitted by States parties concern ing rights covered by articles 6 to 9 of the Covenant at its 4th to 21st meetings, from 15 to 25 April. For its consideration of the reports, the Working Group first heard introductory statements on each report, made by a representative ofthe Government whose report was being considered. Comments were made on the report and the in troductory statement and then questions were posed to the representative by members of the Sessional Working Group. On the basis of an understanding reached by the Working Group at informal consultations, at the end of the discussion by the Working Group of the report of each State party, the representatives of specialized agencies concerned made general statements on matters relating to their field of competence. The representative or representatives presenting the report then replied to questions. After the consider ation of one report, the Chairman, at the ninth meeting, on 17 April 1980, made a statement summing up the discussions in the Working Group." The reports considered by the Working Group are listed below:
Discussion contained Report considered Date considered in document Ecuador (E/1978/8/Add.l) 15 April 1980 E/1980/WG.l/SRA and 5 Norway (E/1978/8/Add. 12) 15 April 1980 ' E/1980/WG.l/SR.5 Tunisia (E/1978/8/Add.3) 15, 16 April EIl980/WG.l/SR.5 and 6 1980 Finland (E/1978/8/Add.14) 16 April 1980 E/1980/WG.l/SR.6 Hungary (E/1978/8/Add.7) 16 April 1980 E/1980/WG.l/SR.7 Mongolia (E/1978/8/Add.6) 16 April 1980 E/1980/WG.l/SR.7
" Report of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights (E/1980/60), para. 1.
20 Ibid., para. 7.
21 Ibid., paras. 10-12. Section A. Practice of the supervisory bodies 209
Discussion contained Report considered Dale considered in document German Democratic Republic 17 April 1980 E/1980/WG.1/SR.8 (E/1978/8/Add.8 and Corr.1) Chile (E/1978/8/Add.1O and 28) 17 April 1980 E/1980/WG.1/SR.8 and 9 Germany, Federal Republic of, 18 April 1980 E/1980/WG.1/SR.10 (E/1978/8/Add.l1) Denmark (E/1978/8/Add.B) 18 April 1980 E/1980/WG.l/SR.1O Philippines (E/1978/8/Add.4) 18 April 1980 E/1980/WG.1/SR.11 Bulgaria (E/1978/8/Add.24) 21 April 1980 E/1980/WG.l/SR.12 Australia (E/1978/8/Add.15) 21 April 1980 E/1980/WG.l/SR.12 and 13 Union of Soviet Socialist Republics 22 April 1980 E/1980/WG.1/SR.14 (E/1978/8/Add.16) Colombia (E/1978/8/Add.17) 22 April 1980 E/1980/WG.1/SR.15 Sweden (E/1978/8/Add.5) 22 April 1980 E/1980/WG.1/SR.15 Byelorussian Soviet Socialist Republic 23 April 1980 E/1980/WG.1/SR.16 (E/1978/8/Add.19) Romania (E/1978/8/Add.20) 23 April 1980 E/1980/WG.1/SR.16 and 17 Cyprus (E/1978/8/Add.21) 23 April 1980 E/1980/WG.1/SR.17 Ukrainian Soviet Socialist Republic 24 April 1980 E/1980/WG.1/SR.18 (E/1978/8/Add.22) Poland (E/1978/8/Add.23) 24 April 1980 E/1980/WG.1/SR.18 and 19 United Kingdom of Great Britain and 24 April 1980 E/1980/WG.1/SR.19 Northern Ireland (E/1978/8/Add.9) Spain (E/1978/8/Add.26) 25 April 1980 E/1980/WG.1/SR.20 Jamaica (E/1978/8/Add.27) 25 April 1980 E/1980/WG.1/SR.20
3. EXCHANGE OF VIEWS ON ORGANIZATIONAL MATTERS RELATING TO THE SESSIONAL WORKING GROUP
With reference to Council decision 1978/10, by which the Council decided, inter alia, to review its decision on the composition of the Sessional Working Group at its first regular session of 1981, taking into account the principle of equitable geographical distribution and the increase in the number of States parties to the Covenant, the Sessional Working Group considered at its second session in 1980 some of the difficulties which it had faced during the early stages of its work. In this connection, the Sessional Working Group considered, inter alia, the following pro posals: (a) That the Council should consider the possibility of undertaking its review of the membership and composition of the Working Group in order to allow the Working Group to begin its work in 1981 as early as possible; (b) That the Council should consider the possibility of allowing the Working Group to meet for a period of three weeks annually before the first regular session of the Council; (c) That in view of the difficulties encountered every year in connection with the appointment ofthe members ofthe Working Group as a result of annual changes in the membership of the Council, consideration should be given to appointing the membership of the Working Group from a list of candidates nominated by States parties to the Covenant which are members of the Economic and Social Council and which possess the expertise and competence on matters dealt with under the Cov enant; 210 Part 11. Activities of the supervisory bodies
(d) That consideration should be given to appointing the members of the Working Group for a period of two or three years; (e) That consideration should be given to appointing the members of the Working Group at the organizational session of the Council, in order to allow the Working Group to meet before the Council's first regular session. Owing to lack of time, the Working Group was unable to consider the above mentioned proposals in depth. 22
D. Group of Three Established under the Convention on the Suppression and Punishment of the Crime of Apartheid
1. ORGANIZATION OF THE SESSION
The Group held its third (1980) session at the United Nations Office at Geneva from 28 January to 1 February 1980."
2. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE VII OF THE CoNVENTION
The Group undertook a preliminary consideration of the reports submitted by the following States parties: United Arab Emirates (E/CNo4/1353/Add.l), Syrian Arab Republic (E/CNo4/1353/Add.2), Iraq (E/CNo4/1353/Add.3), German Democratic Republic (E/CNo4/1353/Addo4), India (E/CNo4/1353/Add.5) and Hungary (E/CN04/1353/Add.6). It expressed its appreciation to the States parties which had submitted their reports, in particular to those States parties which had submitted their second reports." The Group also expressed satisfaction for the valuable information provided by the reporting States. It was, however, the general view that more detailed informa tion should be included in future reports concerning concrete measures adopted by States parties, at the national and internationalleveis, to implement the various pro visions of the Convention, and that, in the presentation of their future reports, States parties should follow more closely the general guidelines regarding the form and contents of reports, prepared by the Group at its 1978 session. After the preliminary discussion of the reports, the Group undertook the ex amination of each report in the presence of the representatives of the States parties concerned who had been invited to attend the meetings of the Group in accordance with the recommendation made by the Group at its 1979 session. 2S A summary of the consideration of the reports by the Group can be found in paragraphs 13 to 18 of document E/CNo4/1358.
22 Ibid., paras. 17-18. " Report of the Group of Three established under the Convention (E/CNA/1358), para. 6.
24 E/CNA/1358, paras. 9-10. " Ibid., paras. 11-12. Section A. Practice of the supervisory bodies 211
In concluding its consideration of reports submitted by States parties under ar ticle VII of the Convention, the Group expressed its appreciation to the represen tatives of the States parties which had submitted reports for their presence and par ticipation in its work and agreed that the useful and constructive practice of inviting representatives of States parties to be present at the meetings of the Group, in con nection with its consideration of reports submitted by them, should be continued at future sessions. 26
26 Ibid., para. 19. Section B. Relevant decisions, general recommendations, comments and observations of the supervisory bodies
A. Committee on the Elimination of Radal Discrimination
1. CONSIDERATlON.OF PETITIONS, REPORTS AND OTHER INFORMATION RELATING TO TRUST AND NON-SELF-GoVERNING TERRITORIES AND TO ALL OTHER TERRITORIES TO WHICH GENERAL AsSEMBLY RESOLUTION 1514 (XV) APPLIES, IN CONFORMITY WITH ARTICLE 15 OF THE CoN VENTION
The opinions and recommendations of the Committee based on its consider ation of copies of reports and other information submitted to it in 1980 under article 15 of the Convention, as adopted by the Committee at its 496th meeting on 19 August 1980, are as follows: The Committee on the Elimination ofRacial Discrimination, Having examined the information contained in the documents relating to Trust and Non-Self-Governing Territories and to all other Territories to which General Assembly resolution 1514 (XV) applies, transmitted to it by the Trusteeship Council and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Col onial Countries and Peoples in accordance with the provisions of paragraph 2 of article 15 of the International Convention on the Elimination of All Forms of Racial Discrimination. Wishes to draw the attention of the General Assembly, the Trusteeship Council and the Special Committee to the following opinions and recommen dations in conformity with its obligations under article 15 of the Convention:
General The Committee takes note of the letter dated 1 April 1980 from the Chair man of the Special Committee on the Situation with regard to the Implemen tation of the Declaration on the Granting of Independence to Colonial Coun tries and Peoples addressed to the Chairman of the Committee on the Elimina tion of Racial Discrimination, and wishes to express its appreciation to the Special Committee for discharging consistently and faithfully the tasks en trusted to it under article 15 of the Convention and for extending its full co operation to the Committee on the Elimination of Racial Discrimination.
212 Section B. Decisions, recommendations, comments and observations 213
The Committee also notes the difficulties encountered by the Special Com mittee, as described in the Chairman's letter, in obtaining the necessary infor mation from the administering Powers on the implementation of the provisions of the Convention in Non-Self-Governing Territories and all other Territories to which General Assembly resolution 1514 (XV) applies; and appeals to the ad ministering Powers to co-operate with the Special Committee by making available to it the required information, in order to enable the Committee on the Elimination of Racial Discrimination fully to discharge its obligations under ar ticle 15 of the Convention.
A. African Territories'
Namibia 1. The Committee had before it the working papers prepared by the secretariat of the Special Committee which are listed below. 2. The Committee, having examined the working papers listed below, reiterates its grave concern over the persistence and aggravation of racial discrimination in the Territory, particularly in its most inhuman form, apart heid. 3. Pending the attainment by Namibia of its full and legitimate sovereignty in the very near future, the Committee reiterates its request to the international community, which is already involved in the search for an equitable and peaceful settlement under the auspices of the United Nations, to use every poss ible means to prevent the South African Government from pursuing its policy of apartheid, and to create the conditions necessary for the self-determination of the Territory, including Walvis Bay. 4. The Committee strongly deplores the fact that the South African Government continues to defy the United Nations by intensifying its efforts towards an internal settlement through, inter alia, the transformation of the so called constituent assembly, illegally elected in 1978 in defiance of Security Council resolution 439 (1978), into a so-called national assembly, wholly dominated by the representatives of the white minority allied to the racist minority regime of South Africa, and determined to ignore completely the claims of the vast majority of the population, which are demanding the total abolition of apartheid and the exercise of their right to self-determination leading to genuine majority rule. 5. The Committee expresses the hope that the South African Government will take full account of the relevant decisions of the Security Council and will implement as soon as possible the proposals for a peaceful settlement through, inter alia, the initiation of a cease-fire, the withdrawal of South African military forces and the setting up of a United Nations assistance group to supervise both parties and enable the free and fair election of a constituent assembly represen tative of the will of all sectors of the Namibian population in the exercise of its right to self-determination.
I See CERD/C/SR.496. 214 Part 11. Activities of the supervisory bodies
6. The Committee believes that with a view to attaining this ultimate ob jective of the international community, the South African Government should be urged and, if necessary, compelled to put an end to its intimidation and harassment of the black population; the use of territorial waters to the detri ment of the majority of the population; the repressive measures against SWAPO and its supporters; the arrest of nationalists; the consolidation of its il legal military occupation by, inter alia, the establishment of new bases; the ac quisition of arms and armaments; the development of its nuclear capability to destroy the bases of the liberation movements and which poses a constant danger to the front-line States; and the exploitation of the resources of the Ter ritory, dominated by foreign interests in the hands of the white minority at the expense of the African majority, which is deprived of all benefits of the economic system because it is relegated to menial and low-paid jobs.
B. Pacific and Indian Ocean Territories'
1. Brunei The Committee notes in particular the information on the attempt of refugees from Viet Nam to seek first asylum in Brunei. It expresses the hope that in granting asylum, the competent authorities of Brunei will be guided, inter alia, by the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.
2. Guam 1. The Committee notes that Guamanians, although United States citizens, are not eligible to vote in national elections of the United States while resident in Guam, and therefore would welcome further information on the overall political rights of this group of persons. 2. It further notes that problems seem to exist in Guam concerning im migration and migrant labour. It expresses the hope that such problems will be solved bearing in mind, inter alia, the principles ofthe International Convention on the Elimination of All Forms of Racial Discrimination. 1. It also observes with interest that there seem to exist certain problems concerning the right to own property. It expresses the hope that such problems, should they exist, will be solved with due regard, inter alia, to the principles of the International Convention on the Elimination of All Forms of Racial Discrimination. 3. American Samoa The Committee notes that the working paper concerning the Territory does not contain any reference to human rights. It expresses interest in receiving in formation on the ratio of members of the indigenous population to other per sons employed in the public services.
, Ibid. Section B. Decisions, recommendations, comments and observations 215
4. Trust Territory of the Pacific Islands The Committee welcomes the information on human rights in the Trust Territory. It would appreciate receiving information on the status of cultural rights and additional information on economic rights in the Territory.
C. Atlantic Ocean and Caribbean Territories, including Gibraltar'
1. British Virgin Islands The Committee takes note of the information contained in the working paper and expresses its appreciation of the efforts of the administering Power to localize the civil service; however, the Committee would like to have further detailed information on programmes and laws that would ensure the localiza tion of the labour force and the enjoyment of the right to work. 2. Bermuda The Committee takes note of the information contained in the working paper and expresses the wish to be provided with information regarding the con stitutional provisions, new laws and any other measures taken which embody the principle of non-discrimination and the protection, enjoyment and exercise of human rights. 3. Cayman Islands The Committee takes note of the information contained in the working paper and expresses the wish to be given further information on any specific measures bearing on the protection and enjoyment of human rights.
4. St. Helena The Committee takes note of the information contained in the working paper. It reiterates its concern over the large volume of trade with South Africa which amounts to 40.7 per cent of its total trade and expresses the hope that the administering Power will take appropriate measures to comply with the perti nent resolutions of the competent United Nations organs concerning trade rela tions with South Africa.
5. United States Virgin Islands The Committee takes note of the information contained in the working paper. It would like to be provided with detailed information on the census of 1980 showing the distribution of population according to ethnic composition. The Committee also wishes to be informed about the constitutional provisions regarding guarantees for civil, political, economic, social and cultural rights in the draft constitution.'
3 Ibid. • Official Records of the General Assembly, Thirty-fifth Session, Supplement No. 18 (A/35/18), para. 476. 216 Part 11. Activities of the supervisory bodies
2. RESOLUTION ADOPTED BY THE COMMITTEE AT ITS TWENTY-FIRST SESSION'
(XXI). Information supplied by Cyprus relating to conditions in Cyprus The Committee on the Elimination ofRacial Discrimination, Having expressed, in its decision 1 (XVIII) of 3 August 1978, its grave con cern at the fact that Cyprus, a State party to the International Convention on the Elimination of All Forms of Racial Discrimination, was being prevented from fulfilling its obligations under that Convention in a part of its territory, Noting, on the basis of the sixth periodic report of Cyprus, that the hopes expressed on that occasion that a speedy normalization of conditions in Cyprus would be effected, and that refugees and other persons in Cyprus would be enabled to enjoy fully their fundamental human rights without discrimination, have again not been fulfilled, Alarmed by the fact that changes in the demographic composition of the population on the part of the territory which is not under the control of the Government of Cyprus, which exclude a considerable part of the population from the enjoyment of their legitimate rights, have been brought about and are continuing, Bearing in mind the fact that the competence and concern of the Commit tee are determined exclusively by the provisions of the Convention, 1. Reiterates its expectation and hope that the GQvernment of Cyprus will soon be enabled to exercise its full responsibility for the implementation of all its obligations under the Convention on its whole national territory and that the unacceptable state of affairs in Cyprus will finally be brought to an end; 2. Expresses once again its concern and its hope that the measures taken by the General Assembly and other appropriate bodies of the United Nations with a view to putting an end to the conditions referred to in the foregoing paragraphs shall be successful. 473rd meeting 8 April 1980
B. Human Rights Committee
1. STATEMENT ON THE DUTIES OF THE HUMAN RiGHTS COMMITTEE UNDER ARTICLE 40 OF THE COVENANT
At its tenth session the Human Rights Committee established a small working group to meet before the eleventh session in order to consider the formulation of such general comments as are likely to gather the widest support from the Committee as a whole, and to examine, in the light of all the views expressed, what further work, if any, the Committee should undertake to give effect to its duties under article 40 of the Covenant.
, Ibid., chap. VIII. Section B. Decisions, recommendations, comments and observations 217
The Working Group met from 13 to 17 October. In the light of its consideration of the Working Group's report, the Committee has agreed, without prejudice to the further consideration of the Committee's duties under article 40, paragraph 4, of the Covenant, to proceed as follows: (a) The Committee, having examined initial reports received from 36 States parties from different regions of the world and with widely differing political, social and legal systems, should now start to formulate general comments based on the consideration of the reports for transmission to the States parties. (b) In formulating general comments the Committee will be guided by the following principles: They should be addressed to the States parties in conformity with article 40, paragraph 4, of the Covenant; They should promote co-operation between States parties in the implementation of the Covenant; They should summarize experience the Committee has gained in considering States' reports; They should draw the attention of States parties to matters relating to the improve ment of the reporting procedure and the implementation of the Covenant, and They should stimulate activities of States parties and international organizations in the promotion and protection of human rights. (c) The general comments could be related, inter alia, to the following sub jects: The implementation of the obligation to submit reports under article 40 of the Cov enant; The implementation of the obligation to guarantee the rights set forth in the Cov enant; Questions related to the application and the content of individual articles of the Covenant; Suggestions concerning co-operation between States parties in applying and develop ing the provisions of the Covenant. (cl) The Committee confirms its aim of engaging in a constructive dialogue with each reporting State. This dialogue will be conducted on the basis of periodical reports from States parties to the Covenant. (e) The Committee considers that the guidelines which it adopted at its second session for the preparation of initial reports under article 40, paragraph 1 (a), which have been followed by the majority of reporting States, have proved useful both to those States and to the Committee. Nevertheless, the Committee will in due course review them to see whether they can be improved. (j) To continue the dialogue with States parties, the Committee deems it desirable to establish a three- or four-year periodicity for subsquent States' reports under article 40, paragraph 1 (b), of the Covenant. Because of the actual workload, the Committee will decide in principle to request a second periodic report to be sub mitted by any State party within four years of the date when its initial report was ex amined by the Committee. As far as the States parties whose additional information or supplementary reports have already been considered by the Committee are con cerned, these reports may be considered to be their second periodic reports. 218 Part 11. Activities of the supervisory bodies
(g) The Committee should, in the light of its experience in the consideration of the intitial reports, develop certain guidelines for the purpose of such new reports. The contents of the subsequent reports should concentrate on: The progress made in the mean time; Changes made in laws and practices involving the Covenant; Difficulties in the implementation of the Covenant; The completion of the initial report, taking into account the questions raised in the Committee; Additional information as to questions not answered or not fully answered; Information taking into account general comments that the Committee may have made in the mean time; Action taken as a result of the experience gained in co-operation with the Commit tee. (h) For their general information, and to provide more active assistance to States parties when drawing up both initial and subsequent reports, it was considered useful as a first step to establish a digest or list of questions most frequently asked by members of the Committee, relating to the various subjects under the Covenant. Such a digest or list should be drawn up, and be updated from time to time, by the Secretariat on the basis of the summary records of Committee meetings and should be circulated to States parties for their information only after approval by the Com mittee. (l) Prior to the meetings with representatives of the reporting States at which the second periodic report will be considered, a working group of three members of the Committee will meet to review the information so far received by the Committee in order to identify those matters which it would seem most helpful to discuss with the representatives of the reporting State. This will be without prejudice to any member of the Committee raising any other matter which appears to him to be im portant. (;) The Committee will request the Secretariat to prepare after each examina tion of a State report an analysis of the study of that report. This analysis should set out systematically both the questions asked and the responses given with precise references to the domestic legal sources, quoting the main ones.'
2. VIEWS OF THE HUMAN RIGHTS COMMITTEE UNDER ARTICLE 5. PARAGRAPH 4, OF THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS During its sessions held in 1980, the Human Rights Committee, having con cluded its consideration of a number of communications submitted to it under the Optional Protocol, and having taken into account all written information made available to it by the authors of the communications and by the States parties con cerned adopted views under article 5, paragraph 4, of the Optional Protocol. A detailed account of the views adopted can be found in annexes VI to X of the
• Official Records of the General Assembly, Thirty-sixth Session, Supplement No. 40 (A/36/40), annex IV. Section B. Decisions, recommendations, comments and observations 219
Committee's report to the General Assembly at its thirty-fifth session' and annex IX of its report to the Assembly at its thirty-sixth session. 8
C. Group of Three Established under the Convention on the Suppression and Punishment of the Crime of Apartheid
CoNCLUSIONS AND RECOMMENDATIONS OF THE THIRD (1980) SESSION OF THE GROUP OF THREE"
The Group expresses concern at the fact that only 5 States have so far become parties to the Convention and recommends that the Commission on Human Rights should appeal to all States which have not yet done so to ratify or accede to the Con vention without delay. The Group comrnends those States parties that have submitted their reports, in particular those which submitted their second reports, and recommends to States parties which have not yet done so to submit their reports as required under article VII of the Convention as soon as possible. In this connection, the Group calls upon States parties to provide in their reports more comprehensive information on the national and international measures they have taken to implement fully article IV of the Convention, or on the difficulties which they may have encountered in the im plementation of that article; and reiterates its recommendation that the general guidelines regarding the form and contents of reports should be fully taken into ac count by all States parties in submitting their reports under article VII of the Con vention. The Group wishes to draw the attention of States parties, through the Commis sion on Human Rights, to the desirability of taking measures on the dissemination of information relating to the Convention, the implementation of its provisions and the work of the Group of Three established under article IX of the Convention. It also recommends that the list of individuals, organizations, institutions and represen tatives of States responsible for the crimes of apartheid, which will be drawn up by the Commission in accordance with article X of the Convention, be brought to the attention of all States Members of the United Nations and be given the widest publicity. The Group wishes once again to draw the attention of States parties, through the Commission on Human Rights, to the desirability of suggesting ideas in relation to the modalities for the establishment of the international penal tribunal referred to in article V of the Convention and, in this connection, recommends to the Commis sion on Human Rights to request the Secretary-General to study the possibility of convening a diplomatic conference of States parties for the purpose of considering the modalities of the establishment of such a tribunal as well as measures of im-' plementation of the Convention.
7 Ibid., Thirty-fifth Session, Supplement No. 40 (A/35/40).
8 Ibid., Thirty-sixth Session, Supplement No. 40 (A/36/40).
9 Report of the Group of Three established under the Convention (E/CNA/1358), paras. 20-24. 220 Part n. Activities of the supervisory bodies
The Group also wishes to appeal to States parties, through the Commission on Human Rights, to strengthen their co-operation at the international level to im plement fully the decisions taken by the Security Council and other competent organs of the United Nations aimed at the prevention, suppression and punishment of the crime of apartheid, in accordance with article VI of the Convention. In this connection, the Group wishes to draw attention to the importance of strengthening assistance given to the liberation movements in southern Africa.
D. Relevant decisions and resolutions of parent bodies
1. CoMMISSION ON HUMAN RIGHTS
At its thirty-sixth session in 1980, the Commission on Human Rights adopted the following resolutions regarding the International Covenants on Human Rights and the International Convention on the Suppression and Punishment of the Crime of Apartheid:
Resolution 8 (XXXVI) of21 February 1980, entitled "Status of the International Covenants on Human Rights"'O The Commission on Human Rights, Mindful that the International Covenants on Human Rights constitute the first all-embracing and legally binding international treaties in the field of human rights and, together with the Universal Declaration of Human Rights, form the heart of the International Bill of Human Rights, Recalling its resolution 6 (XXXV) of 2 March 1979 and General Assembly resolution 34/45 of 23 November 1979, Bearing in mind its resolution 23 (XXXV) of 14 March 1979 concerning the development of public information activities in the field of human rights, and General Assembly resolution 34/45 of 23 November 1979 which includes the question of improving the publicity for the work ofthe Human Rights Commit tee, Having considered the repor:t of the Secretary-General on the status of the International Covenant on Economic, Social and Cultural Rights, the Inter national Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights, Noting with appreciation that, following the appeals of the General Assembly and the Commission more Member States have acceded to the Inter national Covenants on Human Rights; Bearing in mind the important responsibilities of the Economic and Social Council in relation to the International Covenants on Human Rights,
10 Official Records of the Economic and Social Council, 1980, Supplement No. 3 (E/1980/13), chap. XXVI, sect. A. Section B. Decisions, recommendations, comments and observations 221
Recognizing the important role of the Human Rights Committee in the im plementation of the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as reflected in its report, 1. Reaffirms the importance of the International Covenants on Human Rights as major parts of international efforts to promote universal respect for and observance of human rights and fundamental freedoms; 2. Welcomes the information that the Economic and Social Council has now finalized arrangements for the consideration. of reports submitted under the provisions of the International Covenant on Economic, Social and Cultural Rights, and expresses the hope that the Council will take steps to consider these reports as soon as possible; 3. Urges all States which have not yet done so to become parties to the In ternational Covenant on Economic, Social and Cultural Rights and the Interna tional Covenant on Civil and Political Rights and to consider acceding to the Optional Protocol to the International Covenant on Civil and Political Rights; 4. Welcomes the entry into force on 28 March 1979 of article 41 of the In ternational Covenant on Civil and Political Rights and invites the States parties to the Covenant which have not yet done so to consider making the declaration provided for in article 41; 5. Appreciates that the Human Rights Committee continues to strive for uniform standards in the implementation of the provisions of the International Covenant on Civil and Political Rights and ofthe Optional Protocol thereto and emphasizes the importance of the strictest compliance by States parties with their obligations under the Covenant; 6. Further emphasizes the importance of the strictest compliance by States parties with their obligations under the International Covenant on Economic, Social and Cultural Rights; 7. Draws the attention of States not yet parties to the Covenants to the reporting possibilities provided under Economic and Social Council resolution 1074 C (XXXIX) of 28 July 1965 as amended by resolutions 1988 (LX) of 11 May 1976 and 1978120 of 5 May 1978; 8. Takes note of paragraph 12 of resolution 34/45 of 23 November 1979 in which the General Assembly urges the Secretary-General to take all possible steps to ensure that the Division of Human Rights of the Secretariat is able to assist effectively the Human Rights Committee and the Economic and Social Council in the implementation of their respective functions under the Inter national Covenants on Human Rights, taking into account General Assembly resolutions 3534 (XXX) of 17 December 1975 and 31/93 of 14 December 1976; 9. Encourages all Governments to publish the texts of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights and to disseminate them and make them known as widely as possible in their territories. 10. Requests the Secretary-General to submit to the Commission on Human Rights at its thirty-seventh session a report on the status of the Inter- 222 Part 11. Activities of the supervisory bodies
national Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the Inter national Covenant on Civil and Political Rights, and to include in this report in formation on the work of the Economic and Social Council and its Working Group on the implementation of the International Covenant on Economic, Social and Cultural Rights.
Resolution 12 (XXXVI) of26 February 1980, entitled "Implementation of the International Convention on the Suppression and Punishment of the Crime ofApartheid'" I The Commission on Human Rights, Recalling General Assembly resolutions 34/24 and 34/27 of 15 November 1979, Recalling further its resolution 2 (XXIII), by which it set up the Ad Hoc Working Group of Experts, and its resolutions 21 (XXV), 7 (XXVII), 19 (XXIX), 5 (XXXI), 6 (XXXIII) and 12 (XXXV) by which it extended and br?a_d~~~ the terms of reference of that Group, Recalling also article I of the International Convention on the Suppression and Punishment of the Crime of Apartheid which declares that apartheid is a crime against humanity, Having considered the special report of the AdHoc Working Group of Ex perts drawn up pursuant to paragraph 17 of Commission on Human Rights resolution 12 (XXXV) of 6 March 1979, Convinced of the need to redouble its efforts to carry out its functions under the International Convention on the Suppression and Punishment of the Crime of Apartheid, 1. Takes note of the special report prepared by the Ad Hoc Working Group of Experts pursuant to paragraph 17 of Commission resolution 12 (XXXV); 2. Expresses its appreciation to the Ad Hoc Working Group of Experts for the objectivity and clarity of the work accomplished; 3. Appeals once again to those countries that have not yet done so to ac cede to the Convention on the Suppression and Punishment of the Crime of Apartheid without delay; 4. Commends those States that have submitted their reports; 5. Urges the States parties to adopt the measures prescribed by the Con vention, particularly those referred to in its articles IV and V; 6. Requests the Ad Hoc Working Group of Experts to continue, in co operation with the Special Committee against Apartheid as" appropriate, its compilation of the list of individuals, organizations, institutions and represen tatives of States deemed responsible for crimes enumerated in article II of the Convention on the Suppression and Punishment of the Crime ofApartheid"and
11 Ibid. Section B. Decisions, recommendations, comments and observations 223
of individuals, organizations, institutions, and representatives of States against whom or which legal proceedings have been undertaken; 7. Further requests the Ad Hoc Working Group of Experts, in co operation with the Special Committee against Apartheidand in accordance with paragraph 20 of the annex to resolution 34/24 adopted by the General Assembly on 15 November 1979, to undertake a study on ways and means of ensuring the implementation of international instruments such as the International Conven tion on the Suppression and Punishment of the Crime of Apartheid, including the establishment of the international jurisdiction envisaged by the said Conven tion; 8. Requests the Secretary-General to arrange for the publication, in the largest possible number of newspapers, of an account of each case in the list of persons allegedly guilty of the crime of apartheid under the International Con vention on the Suppression and Punishment of the Crime of Apartheid, stating the individual involved, the victim, the culpable deed and its legal definition, and to bring such accounts to the attention of the public by all other com munication media; 9. Welcomes the active campaign by the Special Committee against Apartheid in co-operation with the Commission, to give effect to the provisions of the Convention, in response to the Commission's request, under article X of the Convention; 10. Reiterates the request addressed to competent United Nations organs in paragraphs 6 and 7 of its resolution 10 (XXXV); 11. Decides to maintain on its agenda as a standing item the subject entitl ed "Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid".
Resolution 13 (XXXVI) of26 February 1980, entitled "Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid' '12 The Commission on Human Rights, Recalling its resolutions 7 (XXXIV) of 22 February 1978 and 10 (XXV) of 5 March 1979, Recalling its resolution 7 (XXXIV) in which it called on States parties to the International Convention on the Suppression and Punishment of the Crime of Apartheid to submit, in accordance with article VII of the Convention, their first report not later than two years after becoming parties to the Convention and their periodic reports as two-yearly intervals, Having considered the report of the group of three members of the Com mission appointed under article IX of the International Convention on the Sup pression and Punishment of the Crime of Apartheid, Reaffirming its conviction that wider ratification of the Convention will contribute significantly to the radication of the crime of apartheid,
12 Ibid. 224 Part 11. Activities of the supervisory bodies
1. Takes note with appreciation of the report of the group of three members of the Commission, and in particular the recommendations contained in it; 2. Emphatically renews its appeal to those countries that have not yet done so to accede to the International Convention on the Suppression and Punishment of the Crime of Apartheid without delay; 3. Commends those States parties that have submitted their reports, and in particular those that have submitted a second report, and urges the States parties which have not yet done so to submit their report as soon as possible; 4. Requests the Secretary-General to renew his invitation to the States parties to the Convention which have not yet done so to suggest ways and means for the establishment of the international penal tribunal referred to in article V of the Convention, and to transmit such suggestions to the Ad Hoc Working Group of Experts responsible for investigating violations of human rights in southern Africa in order that it may undertake a study on the establishment of the aforesaid international penal tribunal, in accordance with the mandate en trusted to it under resolution 12 (XXXVI) of the Commission on Human Rights; 5. Again urges the States parties to the Convention to take into consider ation, when submitting their reports, the guidelines laid down by the group of three members of the Commission in 1978 for the submission of the reports; 6. Decides that the group of three members of the Commission appointed in accordance with article IX of the Convention should meet for a period of no more than five days before the thirty-seventh session of the Commission to con sider the reports submitted by States parties in accordance with article VII ofthe Convention. By its decision 14 (XXXVI) of 12 March 1980, the Commission decided to recommend to the Economic and Social Council that the session of the Ad Hoc Committee on Periodic Reports scheduled to meet prior to the Commission' thirty seventh session should be postponed to meet prior to the thirty-eighth session of the Commission. '3
2. EcONOMIC AND SOCIAL COUNCIL
At its first regular session for 1980, the Economic and Social Council adopted on 2 May 1980, resolution 1980124 concerning the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights. The Economic and Social Council, Noting with satisfaction the report of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights, in particular paragraph 17 thereof,
13 E/1980/13, chap. XXVI, sect. B. Section B. Decisions, recommendations, comments and observations 225
Recognizing its important responsibilities in relation to the International Covenant on Economic, Social and Cultural Rights, Taking into account its resolution 1988 (LX) of 11 May 1976 and its de cision 1978/10 of 3 May 1978, Noting that the Sessional Working Group, established under its decision 1978/10, encountered certain difficulties in discharging its responsibilities under the present arrangements, 1. Decides to review at its organizational session for 1981, in accordance with its decisions 1978/10 and 1980/102 of 6 February 1980, the composition, organization and administrative arrangements of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights, 2. Requests the Secretary-General, in order to assist the Economic and Social Council in reviewing its decision 1978/10, to solicit the views of members of the Council and all States parties to the Covenant on the future composition, organization and administrative arrangements of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights, and to submit a report thereon, together with any comments he may wish to make, to the Council at its organizational session for 1981; 3. Decides that the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights for 1981 shall be constituted under the existing arrangements at the organizational ses sion for 1981 of the Economic and Social Council and shall start its work at the beginning of the first regular session, if the review called for in paragraph 1 of the present resolution cannot be concluded at the organizational session. The Council also adopted the following two decisions on the subject:
Decision 1980/111 entitled "Appointment ofmembers of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights" 1. At its 4th and 5th plenary meetings, on 9 and 11 April 1980, the Coun cil took note of the appointment by the President, in conformity with its de cision 1978/10 of 8 May 1978, of the following members of the Council, which were also States parties to the Covenant, as members of the Sessional Working Group on the Implementation of the International Covenant on Economic, Social and Cultural Rights: Barbados, Ecuador, Finland, Germany, Federal Republic of, Hungary, India, Iraq, Japan, Libyan Arab Jamahiriya, Romania, Senegal, Spain, Union of Soviet Socialist Republics and United Republic of Tanzania. 2. At its 13th plenary meeting, on 25 April 1980, the Council, after a statement by the President concerning the appointment of one member from Latin American States, agreed that at the current session of the Council, without prejudice to the provisions of Council decision 1978/10 and without creating a precedent, there was no need to proceed with that appointment in order to complete the membership of the Working Group. 226 Part 11. Activities of the supervisory bodies
Decision 1980/122 on the report of the Sessional Working Group At its 22nd plenary meeting, on 2 May 1980, the Council took note of the report of the Sessional Working Group on the Implementation of the International Cov enant on Economic, Social and Cultural Rights
3. GENERAL AsSEMBLY
At its thirty-fifth session in 1980, the General Assembly adopted the following resolutions with regard to the International Convention on the Elimination of All Forms of Racial Discrimination; the International Convention on the Suppression and Punishment of the Crime of Apartheid; and the International Covenants on Human Rights;
Resolution 35/38 ofNovember 1980 on the "Status of the International Convention on the Elimination ofAll Forms of Racial Discrimination" The General Assembly, Recalling its resolution 3057 (XXVIII) of 2 November 1973, 3135 (XXVIII) of 14 December 1973, 3225 (XXIX) of 6 November 1974, 3381 (XXX) of 10 November 1975, 31/79 of 13 December 1976, 32/11 of 7 November 1977, 33/101 of 16 December 1978 and 34/26 of 15 November 1979, 1. Takes note of the report of the Secretary-General on the status of the International Convention on the Elimination of All Forms of Racial Discrimination; 2. Expresses its satisfaction with the increase in the number of States which have ratified the Convention or acceded thereto. 3. Reaffirms once again its conviction that ratification of or accession to the Convention on a universal basis and implementation of its provisions are necessary for the realization of the objectives of the Decade for Action to Com bat Racism and Racial Discrimination; 4. Requests States which have not yet become parties to the Convention to ratify it or accede to it; 5. Appeals to States parties to the Convention to study the possibility of making the declaration provided for in article 14 of the Convention; 6. Requests the Secretary-General to continue to submit to the General Assembly annual reports concerning the status of the Convention, in accord ance with Assembly resolution 2106 A (XX) of 21 December 1965.
Resolution 35/39 of25 November 1980 on the "Status of the International Convention on the Suppression and Punishment of the Crime of Apartheid" The General Assembly, Recalling itS resolution 3068 (XXVIII) of 30 November 1973, by which it adopted and opened for signature and ratification the International Convention on the Suppression and Punishment of the Crime of Apartheid, and its resol- Section B. Decisions, recommendations, comments and observations 227 utions 3380 (XXX) of 10 November 1975, 31180 of 13 December 1976, 32/12 of 7 November 1977, 33/103 of 16 December 1978 and 34/27 of 15 November 1979, Recalling also Commission on Human Rights resolutions 13 (XXXIII) of 11 March 1977,7 (XXXIV) of 22 February 1978, 10 (XXXV) of 5 March 1979 and 12 (XXXVI) and 13 (XXXVI) of 26 February 1980, Convinced that the Declaration and the Programme of Action adopted by the World Conference to Combat Racism and Racial Discrimination as well as the programme of activities to be undertaken during the second half of the Decade for Action to Combat Racism and Racial Discrimination, adopted by the General Assembly in its resolution 34/24 of 15 November 1979, are an im portant and constructive contribution to the struggle against apartheid, racism and all forms of racial discrimination, A ware that the commemoration of the twentieth anniversary of the adop tion of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960 will encourage all States to intensify their efforts in supporting the colonially and racially oppressed peoples in their legitimate struggle to gain self-determination and independence, and to put an end to all practices of segregation and discrimination, Reaffirming its conviction that apartheid constitutes a total negation of the purposes and principles of the Charter of the United Nations and is a gross violation of human rights and a crime against humanity seriously disturbing and threatening international peace and security, Deeply concerned that the racist regime in South Africa has stepped up its policy of apartheid, repression, "bantustanization" and aggression and its con tinued illegal occupation of Namibia, thereby perpetuating on Namibian ter ritory its odious policy of apartheid, racial discrimination and fragmentation, Condemning the continued collaboration of certain States and trans national corporations with the racist regime of South Africa in the political, economic, military and other fields, thus encouraging it to persist in and inten sify the brutal suppression of the people in South Africa, Underlining that ratification of and accession to the Convention on a universal basis and the implementation of its provisions without any delay are necessary for its effectiveness and would be a useful contribution towards achieving the goals of the Decade for Action to Combat Racism and Racial Discrimination, Taking into account Security Council resolution 418 (1977) of 4 November 1977 as a useful step towards achieving the purpose of the Convention, Firmly convinced that the legitimate struggle of the oppressed peoples in southern Africa against colonialism, racism and apartheid and for the effective implementation of their inalienable right to self-determination and in dependence demands more than ever all necessary support by the international community and, in particular, further action by the Security Council, 228 Part n. Activities of the supervisory bodies
1. Takes note of the report of the Secretary-General on the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid; 2. Expresses its satisfaction with the increase in the number of States which have ratified the Convention or acceded thereto; 3. Commends the States parties to the Convention that have submitted their reports under article VII of the Convention and urges other States to do so as soon as possible, taking fully into account the guidelines prepared by the Working Group on the implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid established in accord ance with article IX of the Convention; 4. Strongly appeals once again to those States that have not yet become parties to the Convention to ratify it or to acceJe to it without delay; 5. Requests the Secretary-General to intensify his efforts through ap propriate channels to disseminate information on the Convention and its im plementation with a view to further promoting ratification of or accession to the Convention; 6. Calls upon all States parties to implement fully article IV of the Con vention by adopting legislative, judicial and administrative measures to pro secute, bring to trial and punish, in accordance with their jurisdiction, persons responsible for, or accused of, the acts defined in article II of the Convention; 7. Again calls upon all States parties and the competent United Nations organs to consider the conclusions and recommendations of the Working Group contained in its reports and to submit their views and comments to the Secretary-General; 8. Expresses its appreciation to the AdHoc Working Group of Experts of the Commission on Human Rights for the compilation of the list of individuals, organizations, institutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention and calls upon all States par ties to give this list the widest possible dissemination; 9. Welcomes the efforts of the Commission on Human Rights to under take the functions set out in article X of the Convention and invites the Com mission to intensifY, in co-operation with the Special Committee against Apart heid, its efforts to compile periodically the list of individuals, organizations, in stitutions and representatives of States deemed responsible for crimes enumerated in article II of the Convention, as well as those against whom or which legal proceedings have been undertaken; 10. Requests the Commission on Human Rights, in preparing the above mentioned list, to take into account General Assembly resolution 33/23 of 29 November 1978 as well as the documents on this subject prepared by the Com mission and its suborgans reaffirming, inter alia, that States giving assistance to the racist regime in South Africa become accomplices in the inhuman practices of racial discrimination and apartheid; 11. Calls upon the competent United Nations organs to continue to pro vide the Commission on Human Rights, through the Secretary-General, with in- Section B. Decisions, recommendations, comments and observations 229 formation relevant to the periodic compilation of the above-mentioned list as well as with information concerning the obstacles which prevent the effective suppression and punishment of the crime of apartheid; 12. Requests the Secretary-General to distribute the above-mentioned list among all States parties to the Convention and all States Members ofthe United Nations and to bring such facts to the attention of the public by all means of mass communication; 13. Requests the Secretary-General to include in his next annual report under General Assembly resolution 3380 (XXX) a special section concerning the implementation of the Convention, taking into account the views and com ments of States parties to the Convention called for in paragraph 7 above.
Resolution 35/40 of25 November 1980 on the "Report of the Committee on the Elimination of Racial Discrimination" The General Assembly, Recalling its resolutions 34/28 of 15 November 1979 on the report of the Committee on the Elimination of Racial Discrimination and 34/26 of 15 November 1979 on the status of the International Convention on the Elimin ation of All Forms of Racial Discrimination, as well as its other relevant resol utions on the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination, Having considered the report of the Committee on the Elimination of Racial Discrimination on its twenty-first and twenty-second sessions, submitted under article 9, paragraph 2, of the International Convention on the Elimin ation of All Forms of Racial Discrimination, Emphasizing the obligation of all States parties to the Convention to take legislative, judicial and other measures in order to secure full implementation of the provisions of the Convention, Convinced that all Member States should take effective measures, at the national and international levels, to combat acts or practices of racial discrimination, including the vestiges and manifestations of racist ideologies wherever they exist, A ware of the importance of the contribution of the Committee on the Elimination of Racial Discrimination to the implementation of the Programme for the Decade, through its activities within the framework of the implemen tation of the Convention, 1. Takes note with appreciation of the report of the Committee on the Elimination of Racial Discrimination on its twenty-first and twenty-second ses sions; 2. Welcomes the readiness of the Committee to continue to contribute to the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimination by, inter alia, intensifying the monitoring of the implementation of the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination, preparing relevant studies on the Convention and expanding co-operation with the United Nations Educa- 230 Part 11. Activities of the supervisory bodies
tional, Scientific and Cultural Organization, the International Labour Organisation and other relevant bodies within the United Nations system; 3. Requests the Economic and Social Council to invite the Committee to take, within the context of its activities on the implementation of the Conven tion, active part in the preparations for the work of the second World Con ference to Combat Racism and Racial Discrimination in the manner the Com mittee finds appropriate; 4. Requests the Secretary-General to provide necessary assistance to the Committee regarding its activities connected with its contribution to the im plementation of the Programme for the Decade, as referred to in paragraphs 2 and 3 above; 5. Commends the Committee for paying greater attention to the question of the elimination of the policy of apartheid in South Africa and Namibia, as well as to the elimination of acts and practices of racial discrimination in Trust and Non-Self-Governing Territories and in all other Territories to which General Assembly resolution 1514 (XV) of 14 December 1960 applies; 6. Further commends the Committee for paying due attention to the pro tection of the rights of national or ethnic minorities and indigenous popula tions, as well as the rights of migrant workers, and calls upon all Member States to take effective measures in protecting fully these groups of people from discrimination based on race, colour, descent or national or ethnic origin; 7. Calls upon the United Nations bodies concerned to ensure that the Committee is supplied with all relevant information on all the Territories to which General Assembly resolution 1514 (XV) applies and urges the administer ing Powers to co-operate with these bodies by providing all necessary informa tion in order to enable the Committee to discharge fully its responsibilities under article 15 of the Convention; 8. Notes with appreciation the adoption by the Committee of the revised general guidelines concerning the form and contents of reports by States parties under article 9, paragraph 1, of the Convention and invites States parties to sup ply the Committee, in accordance with these guidelines, with information on the implementation of the provisions of the Convention, including information on the demographic composition of their population and on their relations with the racist regime of South Africa; 9. Urges all States parties to the Convention to extend full co-operation to the Committee and notes with regret that on one occasion such co-operation was withheld by one State party; 10. Expresses its grave concern that some States parties to the Conven tion, owing to reasons beyond their control, are being prevented from fulfilling their obligations under the Convention in parts of their respective territories, 11. Urges all States which are not parties to the Convention to ratify or to accede to it and, pending such ratification or accession, to be guided by the basic provisions of the Convention in their internal and foreign policies; 12. Urges Member States to attend sessions of the Committee and to en courage their national mass media to give wider publicity to the Committee, as well as to the Convention; Section B. Decisions, recommendations, comments and observations 231
13. Requests the Secretary-General to make appropriate arrangements for the Committee to hold, as part of activities within the Programme for the Decade, one session in one of the developing countries, preferably in Africa, before the end of the Decade and to report in this regard to the General Assembly at its thirty-sixth session.
Resolution 35/132 of11 December 1980 on "International Covenants on Human Rights" The General Assembly, Recalling its resolutions 31/86 of 13 December 1976, 32/66 of 8 December 1977,33/51 of 14 December 1978 and 34/45 of 23 November 1979, Having noted the report of the Secretary-General on the status of the Inter national Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the Inter national Covenant on Civil and Political Rights, Noting with appreciation that, following its appeal, more Member States have acceded to the International Covenants on Human Rights, Bearing in mind the important responsibilities of the Economic and Social Council in relation to the International Covenants on Human Rights, Noting with appreciation that during the first regular session of the Economic and Social Council in 1980 the Sessional Working Group on the Im plementation of the International Covenant on Economic, Social and Cultural Rights began consideration of reports submitted by States parties under article 16, of the Covenant, Recognizing the important role of the Human Rights Committee in the im plementation of the International Covenant on Civil and Political Rights and the Optional Protocol thereto, 1. Notes with appreciation the report of the Human Rights Committee on its eighth, ninth and tenth sessions and expresses satisfaction at the serious and constructive manner in which the Committee is continuing to undertake its functions; 2. Expresses its appreciation to the States parties to the International Covenant on Civil and Political Rights which have extended their co-operation to the Human Rights Committee when submitting their reports under article 40 of the Covenant and urges States parties which have not yet done so to submit their reports to the Committee as speedily as possible; 3. Urges States parties which have been requested by the Human Rights Committee to provide additional information to comply with that request; 4. Takes note of the fact that the Human Rights Committee is consider ing the question of the follow-up to it~ consideration of the reports of the States parties to the International Covenant on Civil and Political Rights; 5. Welcomes Economic and Social Council resolution 1980124 of 2 May 1980 regarding the consideration of reports submitted under the International Covenant on Economic, Social and Cultural Rights; 232 Part 11. Activities of the supervisory bodies
6. Again invites all States which have not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights as well as to consider ac ceding to the Optional Protocol to the International Covenant on Civil and Political Rights; 7. Invites the States parties to the International Covenant on Civil and Political Rights to consider making the declaration provided for in article 41 of the Covenant; 8. Appreciates that the Human Rights Committee continues to strive for uniform standards in the implementation of the provisions of the International Covenant on Civil and Political Rights and of the Optional Protocol thereto, and emphasizes the importance of the strictest compliance by States parties with their obligations under the Covenant. 9. Requests the Secretary-General to continue to keep the Human Rights Committee informed of the activities of the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Committee on the Elimination of Racial Discrimination and also to transmit the annual reports of the Human Rights Committee to these bodies; 10. Requests the Secretary-General to submit to the General Assembly at its thirty-sixth session a report on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights; 11. Welcomes the measures already taken by the Secretary-General to im prove the publicity for the work of the Human Rights Committee and en courages the Committee to continue its consideration of this question; 12. Urges the Secretary-General to take all possible steps to ensure that the Division of Human Rights of the Secretariat is able to assist effectively the Human Rights Committee and the Economic and Social Council in the im plementation of their respective functions under the International Covenants on Human Rights, taking into account General Assembly resolutions 3534 (XXX) of 17 December 1975 and 31193 of 14 December 1976; 13. Requests the Secretary-General to make appropriate arrangements, in accordance with General Assembly resolution 311140 of 17 December 1976, for the holding of meetings of the Human Rights Committee in developing coun tries, and to report in this regard to the Assembly at its thirty-sixth session. PART III INTERNATIONAL DEVELOPMENTS Section A. United Nations organs
Introduction
The United Nations organs whose work in the field of human rights is sum marized in this Part of the Yearbook are the General Assembly, the Economic and Social Council, the Commission on Human Rights and its Sub-Commission on Prevention of Discrimination and Protection of Minorities. During the period under review, human rights matters were dealt with at various sessions of those organs as follows: General Assembly, thirty-fifth session (16 September-17 December 1980; 15 and 16 January, 2-6 March and 11 May 1981) Economic and Social Council, first regular session of 1980 (8 April-2 May 1980) Commission on Human Rights, thirty-sixth session (4 February-14 March 1980) Sub-Commission on Prevention of Discrimination and Protection of Minorities, - thirty-third session (18 August-12 September 1980).
A. Elimination of racial discrimination: Decade for Action to Combat Racism and Racial Discrimination
During its thirty-sixth session in 1980, the Commission on Human Rights adopted, on 26 February, a number of resolutions relating to the implementation of the Programme for the Decade for Action to Combat Racism and Racial Discrimi nation. By its resolution 14 A (XXXVI), it recommended that the Economic and Social Council, while evaluating the activities undertaken to implement the Programme, should consider their impact on specific groups, and give special attention to co ordination and co-operation within the United Nations system to ensure an in tegrated approach in dealing with racial discrimination problems. I In resolution 14 B (XXXVI), it decided to organize in 1981 a seminar to study effective measures to pre vent transnational corporations and other established interests from collaborating with the racist regimes of southern Africa. 2 In resolution 14 C (XXXVI), the Com mission requested the Secretary-General to consult the Commission on Trans national Corporations, the Special Committee against Apartheid, the Special Com mittee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, the Committee on the
I Official Records of the Economic and Social Council, 1980, Supplement No. 3 (E/1980/3), chap. XXVI A.
2 E/1980/13, chap. XXVI A.
235 236 Part Ill. International developments
Exercise of the Inalienable Rights of the Palestinian People and the United Nations Council for Namibia to determine the modalities of that study.3 Finally, in resolu tion 14 D (XXXVI), it requested its Sub-Commission on Prevention of Discrimina tion and Protection of Minorities to prepare a study on ways and means of ensuring the implementation of the United Nations resolutions on apartheid, racism and racial discrimination and submit it to the Commission in 1982.' During its first regular session for 1980, the Economic and Social Council, in its resolution 1980128 of2 May 1980, adopted upon a recommendation by the Commis sion, authorized the Sub-Commission to entrust its Special Rapporteur with the preparation of a study on discrimination against members of racial, ethnic, religious or linguistic groups in criminal justice proceedings and on ideologies or beliefs which contributed or led to racism; and to designate a Special Rapporteur to study factors leading to racism. The Sub-Commission also considered the issue at its thirty-third session in 1980. In its resolution 3 (XXXIII) of 5 September, it proposed to the Commission on Human Rights that it recommend to the Economic and Social Council to consider setting up a human rights assistance fund to help countries achieve at least the minimum standards of human rights laid down in the international instruments on human rights; to assist in introducing human rights education in all education cen tres; to request all Member States to translate important United Nations conven tions, declarations and principles relating to human rights into their various languages. ' By its resolution 4 A (XXXIII) of 5 September, the Sub-Commission decided to consider the study on discriminatory treatment in the administration of criminal justice in 1981;' by resolution 4 B (XXXIII) it decided to consider, at its subsequent sessions, the question of factors underlying situations and racial discrimination and methods of action for eradicating such causes;' resolution 4 C (XXXIII) contained a request to the Secretary-General to submit to the Sub-Commission in 1982 a report on measures which it might recommend to Governments for enhancing and strengthening recourse procedures at national and local levels for victims of racial discrimination;' in resolution 4 D (XXXIII), the Sub-Commission decided to con sider at its 1981 session the study on ways to encourage implementation of resol utions on apartheid, racism and racial discrimination' finally, in resolution 4 E (XXXIII), it requested the Secretary-General to prepare and disseminate pamphlets in various languages to popularize the findings of the Sub-Commission's studies on racial discrimination and the protection of minorities. 10
3 Ibid. • Ibid. , E/CNA/1413, E/CNA/Sub.21459, Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-third session, chap. XVII A. , Ibid. , Ibid. • Ibid. , Ibid.
10 Ibid. Section A. United Nations organs 237
At its thirty-fifth session, the General Assembly adopted on 14 November 1980 upon a recommendation contained in Council resolution 1980/7 of 24 April 1980, its resolution 35/33, by which it called on all Governments to put an end to enterprises in southern Africa owned by their nationals and corporate bodies under their jurisdiction; it called on all States to adopt measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred; it appealed to all the mass media and educational and cultural institutions to co-operate fully in im plementing the Programme for the Decade; it also decided to hold in 1983 a Second World Conference to Combat Racism and Racial Discrimination. In its resolution 35/34 of the same date, the Assembly called on all Govern ments to take necessary steps to enable national non-governmental organizations established for the elimination of racial discrimination to function effectively in pur suit of harmonious relations between races and communities. As part of the activities under the Programme for the Decade, the Secretary General organized at Nairobi, Kenya, in May 1980 a Seminar, for African member countries of the Economic Commission for Africa, on Political, Economic, Cultural and Other Factors underlying Situations Leading to Racism. 1 1
B. Measures against ideologies and practices based on racial discrimination, hatred and terror
At its thirty-sixth session in 1980, the Commission on Human Rights heard statements expressing concern about a resurgence of the ideology of facism in certain countries and activities of a number of Fascist and neo-Fascist organizations.'2 On 15 December 1980, the General Assembly adopted resolution 351200, by which it condemned all forms of totalitarian ideologies and practices based on racial intolerance, hatred and terror; it urged all States to give due consideration to im plementing the provisions of resolution 2839 (XXVI) of 1971 by which it had urged States to take legislative and other measures to prevent activities of Nazi and racist organizations and groups; it asked the Commission to consider this subject at its 1981 session.
C. Elimination of all forms of religious intolerance
Discussions in the informal working group set up by the Commission to con tinue examining the draft Declaration on the Elimination of All Forms of In tolerance and Discrimination Based on Religion or Belief focused on draft articles IV and V. By its resolution 35 (XXXVI) of 12 March 1980, the Commission approved the working group's report and decided to continue, as a matter of highest priority, its work on the declaration at its next session. 13
11 ST/HR/SER.AI7.
12 E/1980/13, chap. XX.
13 E/1980/13, chap. XXVI A. 238 Part Ill. International developments
D. Studies relating to prevention of discrimination and protection of minorities
1. THE INDIVIDUAL'S DUTIES TO THE COMMUNITY AND THE LIMITATIONS OF HUMAN RIGHTS AND FREEDOMS UNDER ARTICLE 29 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS By its resolution 23 (XXXVI) of 29 February 1980, the Commission requested the Sub-Commission to continue to examine this question and report to it on its con clusions and recommendations." By resolution 7 (XXXIII) of 10 September 1980, the Sub-Commission, h"aving considered the study prepared by its Special Rapporteur and entitled "Study of the individual's duties to the community and the limitations on human rights and freedoms under article 29 of the Universal Declaration of Human Rights. A con tribution to the freedom of the individual under law"," requested the Special Rap porteur to present her study to the Commission at its 1981 session and proposed that the Commission recommend to the Economic and Social Council that it decide that the study should be printed and given the widest possible distribution; endorse the study's recommendations that teaching and education in human rights be developed at all levels; and authorize the Sub-Commission to elaborate a draft declaration con firming common United Nations principles and restrictions on the exercise of certain human rights, as recommended in the study. I.
2. STATUS OF THE INDIVIDUAL IN CONTEMPORARY INTERNATIONAL HUMAN RIGHTS LAW
By its resolution 6 (XXXIII) of 10 September 1980, the Sub-Commission en dorsed a recommendation concerning the elaboration of a study on the status of the individual in contemporary international law, contained in the study on the individual's duties to the community, and proposed that the Commission re commend that the Economic and Social Council authorize the Sub-Commission to appoint a Special Rapporteur to prepare this study."
3. DISCRIMINATION AGAINST INDIGENOUS POPULATIONS
By its resolution 5 (XXXIII) of 10 September 1980, the Sub-Commission, hav ing noted the progress report given by the Special Rapporteur on the matter, ex pressed the hope that the study of the problem of discrimination against indigenous populations would be completed in time for consideration at the Sub-Commission's next session in 1981. 18
14 Ibid. "E/CN.4/Sub.2/432/Rev.l and E/CN.4/Sub.214321Add.1-7.
16 E/CN.4/1413, E/CN.4/Sub.21459, chap. XVII A.
17 Ibid.
18 Ibid. Section A. United Nations organs 239
E. Question of the violation of human rights
1. STUDY OF SITUATIONS WHICH REVEAL A CONSISTENT PATTERN OF GROSS VIOLATIONS OF HUMAN RIGHTS
At its thirty-sixth session in 1980, the Commission on Human Rights adopted in closed meetings a number of decisions under the procedure established by the Economic and Social Council in 1970 for dealing with communications relating to violations of human rights and fundamental freedoms. (Council resolution 1503 (XLVIII) of 27 May 1970.) By its decision 8 (XXXVI) of 7 March 1980, the Commission decided to set up a pre-sessional working group of five members to examine in 1981 situations referred to it by the Sub-Commission as well as those the Commission had decided to keep under review. l' By decision 9 (XXXVI) of the same date it decided to grant States, that had been invited to address the Commission and answer questions, the right to par ticipate in the entire discussion of the situation with which they were concerned and to be present during the adoption of any final decision in that regard.'o These two decisions were further endorsed by the Economic and Social Council in its decisions 1980/134 and 1980/135 of 2 May 1980. By its resolution 19 (XXXIII) of 11 September 1980, the Sub-Commission recommended the establishment of an information-gathering service within the United Nations Division on Human Rights to acquire information on human rights violations in different countries. 21 In resolution 22 (XXXIII) of 12 September 1980, the Sub-Commission re quested the Commission at its next session to authorize the Sub-Commission Chair man to arrange for one or more members to visit any countries which had been the subject of discussion at the Sub-Commission's 1980 session, with a view to examin ing and reporting on human rights problems. 22 By resolution 25 (XXXIII) of the same date, the Sub-Commission urged the Commission to consider approaches to the handling of emergency situations which sought to complement the Commission's activities by utilizing the possibilities of the various Charter-based human rights organs, and draw upon the possible assistance of subsidiary organs such as the Sub-Commission. As an annex to this resolution were included a number of ideas in connection with possible future roles of the Sub Commission as part of United Nations responses to urgent situations of violations of human rights." A five-member working group met prior to the Commission's 1980 session to examine particular situations of alleged human rights violations referred to the Com mission by the Sub-Commission or under Commission review. All actions under the
l' E/1980/13, chap. XXVI B. '0 Ibid. " E/CNAIl413, E/CNAISub.21459, chap. XVII A. " Ibid. " Ibid. 240 Part Ill. International developments procedure for handling communications relating to human rights violations were to remain confidential until the Commission decided to make recommendations to the Council. In 1980, the Commission for the first time made such a recommendation, when it decided (decision 10 (XXXVI) of 7 March 1980") to conc~ude its exami nation of the alleged persecution of Jehovah's Witnesses in Malawi. The Working Group on Communications of the Sub-Commission met from 4 to 15 August 1980.
2. VIOLATIONS OF HUMAN RIGHTS IN SOUTHERN AFRICA: REpORTS OF THE AD Hoc WORKING GROUP OF EXPERTS OF THE CoMMISSION ON HUMAN RIGHTS WITH RESPECT TO SOUTHERN AFRICA
The AdHoc Working Group ofExperts, established by the Commission in 1976 to examine the human rights situation in southern Africa, submitted two reports to the Commission at its thirty-sixth session. The first was' a progress report" dealing with developments concerning policies in violation of human rights in South Africa, Namibia and Zimbabwe, and action taken to implement the Ad Hoc Working Group's recommendations since its establishment; this report also contained information on infringements of trade union rights in South Africa, and on inquiries in respect of persons suspected of be ing guilty of apartheid or serious human rights violations in Namibia. The Group did not formulate any conclusions or recommendations, which were to be included in a final report to the Commission in 1981. A special report'6 was also submitted to the Commission, on the Group's in vestigations of cases of torture and murder of detainees in South Africa. The Group concluded that torture by the security police continued to be common practice in South Africa with the apparent acquiescence of and cover-up by the Government. It recommended that the Commission decide that the widest possible publicity should be given to the list of persons allegedly guilty of the crime of apartheid. By its resolution 9 (XXXVI) of 26 February 1980, the Commission requested the Group to continue to study the policies and practices violating human rights in South Africa, Namibia and, as appropriate, in Zimbabwe, and to continue to institute in quiries in respect of persons suspected of being guilty of apartheid or serious human rights violations in Namibia. 21 In resolution 12 (XXXVI) of the same date, the Com mission requested the Group to continue in co-operation with the Special Committee against Apartheid, its compilation of the list of individuals, organizations, institu tions and representatives of States deemed responsible for crimes of apartheid enumerated in the International Convention on the Suppression and Punishment of the Crime of Apartheid. 28 By its resolution 1980/33 of 2 May 1980, the Economic and Social Council re quested the Ad Hoc Working Group to continue to study the situation of trade
24 E/1980/13, chap. XXVI B. " E/CNA/1365.
26 E/CNA/1366. " E/1980/13, chap. XXVI A.
28 E/1980/13, chap. XXVI A. Section A. United Nations organs 241 union rights in South Africa, consulting with ILO and the Special Committee against Apartheid as well as with international and African trade union confederations.
3. QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE
By its resolution 1 A (XXXVI) of 13 February 1980, the Commission on Human Rights declared that Israel's grave breaches to the fourth Geneva Convention of 12 August 1949 were war crimes and an affront to humanity; it condemned and demanded that Israel desist forthwith from a number of specific Israeli policies and practices, as well as administrative and legislative measures taken to encourage, pro mote and expand the establishment of settlers' colonies, which further demonstrated Israel's determination to annex those territories; it demanded that Israel cease all tor ture and ill-treatment ofArab detainees and prisoners; and renewed its request to the Secretary-General to collect statistical information on detainees and make it available to the Commission in 1981; it reiterated its call on all States and inter national organizations not to recognize any changes carried out by Israel in the oc cupied territories, and called on Israel to report to it through the Secretary-General 2 in 1981 on the implementation of the resolution. • By resolution 1 B (XXXVI) adopted on the same date, the Commission ex pressed deep concern at the consequences of Israel's refusal to apply fully and effec tively the fourth Geneva Convention to the occupied territories, including Jerusalem, and urged States parties to the Convention to exert all efforts to ensure 3 respect for and compliance with its provisions in the territories. • In its resolution 2 (XXXVI) of 14 February the Commission affirmed the in alienable right of the Palestinian people to self-determination without external in terference, and the establishment of a fully independent and sovereign State in· Palestine, and to return to their homes and property. The Commission strongly con demned all partial agreements and separate treaties which constituted a flagrant violation of the rights of the Palestinian people, Charter principles and resolutions adopted in various international forums on the Palestinian issue, and urged all States and international organizations to support those people through its representative, the Palestine Liberation Organization (PLO).31 The inalienable right of the Palestinian people to self-determination, national independence, territorial integrity and national unity and sovereignty without exter nal interference was also reaffirmed in Commission resolution 5 (XXXVI) of 15 February 1980. 32 The Sub-Commission also considered the question of human rights in the oc cupied Arab territories during its thirty-third session in 1980. In its resolution 14 (XXXIII) of 11 September, it rejected aspersions cast by Israel on the Sub Commission's objectivity, asked its Chairman to appoint up to three members to
29 E/1980/13, chap. XXVI A.
30 Ibid.
31 Ibid.
l2 Ibid. 242 Part Ill. International developments visit and report on conditions in Israeli prisons and detention camps in which Palesti nian Arab prisoners and detainees were held, and invited Israel to co-operate with them. 33 In resolution 15 (XXXIII) of the same date, it condemned Israeli violations of the Charter and other relevant United Nations instruments on human rights, and called on Israel to release all Palestinian political detainees or prisoners and ameliorate conditions of all detainees and prisoners held in Israeli prisons in order to meet international standards. 34 Finally, by its resolution 20 (XXXIII) also adopted on 11 September, the Sub-Commission urged Israeli authorities to withdraw from all the occupied Arab territories, including Jerusalem, deplored the reported violations of human rights committed by Israeli authorities, strongly disapproved of Israel's refusal to implement the relevant United Nations decisions on Jerusalem, and re quested the Commission and Economic and Social Council to take urgently necessary measures to implement this resolution. 3S At its thirty-fifth session, the General Assembly continued its consideration of this issue on the basis of the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Population of the Occupied Territories. 36 On 11 December 1980, the Assembly adopted a number of resolutions in con nection with this report. By resolution 35/122 A, it urged once more all States par ties to the fourth Geneva Convention to exert all efforts to ensure respect for and compliance with its provisions in the occupied territories; by resolution 35/122 B, it called on Israel to desist from actions to change the legal status, geographical nature and demographic composition of the occupied territories; by resolution 35/112 C, the Assembly called on Israel to allow the Special Committee access to the occupied territories, and asked the Committee to consult with the International Committee of the Red Cross to ensure the safeguarding of the welfare and human rights of the population; by resolution 35/122 D, it called on Israel to rescind measures taken in expelling and imprisoning the Mayors of Hebron and Halhul and expelling the Sharia Judge of Hebron; by resolution 35/122 E, it called on Israel to desist from enacting legislation that purported to alter the character and legal status of the Syrian Golan Heights; finally, by its resolution 35/122 F, the Assembly condemned Israeli policies and practices in educational institutions against Palestinian students and faculty. In its resolution 35/75 adopted on 5 December, the Assembly condemned Israeli policy resulting in the deterioration of the living conditions of the Palestinian people in the occupied territories. By its resolution 35/110 of the same date, the Assembly reaffirmed that Israeli measures to exploit the occupied territories resources were illegal and called on Israel to desist from such measures.
33 E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
34 Ibid.
3S Ibid.
36 A/35/425. Section A. United Nations organs 243
4. QUESTION OF HUMAN RIGHTS IN CHILE
By its resolution 21 (XXXVI) of 29 February 1980, the Commission on Human Rights expressed deep concern about the conclusions in the report of the Special Rapporteur37 that there had been a deterioration in a number of areas with regard to the human rights situation in Chile; it strongly urged the Chilean authorities to take concrete steps that would enable the Commission to consider terminating the man date of the Special Rapporteur and to investigate, clarify and inform relatives of the fate of persons reported to have disappeared for political reasons; it urged the authorities to respect the duty of their judiciary to employ fully its constitutional power under habeas corpus and amparo. It extended for another year the mandate of the Special Rapporteur, and requested him to deal, in his report to the General Assembly, with the problem of disappeared persons in Chile. 38 The Commission's decision to extend the Rapporteur's mandate was further en dorsed by the Economic and Social Council in its decision 1980/129 of 2 May 1980. At its thirty-fifth session the General Assembly had before it, for its consider ation of this question, the second report of the Special Rapporteur on the situation of Human Rights in Chile. 39 By its resolution 35/188 of 15 December 1980, the Assembly urged the Chilean authorities to respect and promote human rights in ac cordance with their obligations under various international instruments, and to take concrete steps to investigate the fate of disappeared persons, to respect the right and duty of the judiciary to employ without restriction its constitutional power under habeas corpus and amparo; and to co-operate with the Special Rapporteur. The Assembly also invited the Commission to extend the Special Rapporteur's mandate for another year. The Board of Trustees of the United Nations Trust Fund for Chile held its second session at Geneva from 4 to 8 February 1980. It reviewed information con tained in the 1979 reports of the Special Rapporteur and the Expert on the Question 4 of the Fate of Missing and Disappeared Persons in Chile. • By its resolution 35/190 of 15 December 1980, the Assembly requested the Com mission on Human Rights to study, at its 1981 session, the possibility of extending the Fund's mandate; it requested the Economic and Social Council to submit to the Assembly's 1981 regular session recommendations concerning extending the man date of the existing Fund to become a United Nations Trust Fund for Victims of Gross and Flagrant Violations of Human Rights.
5. OrHER MATTERS RELATING TO VIOLATIONS OF HUMAN RIGHTS
Afghanistan By its resolution 3 (XXXVI) of 14 February 1980, the Commission on Human Rights condemned Soviet military aggression against the Afghan people, demanded
31 E/CNA/1362.
38 E/1980/13, chap. XXVI A. " A/35/522.
40 A/34/583 and Add. I. 244 Part Ill. International developments the immediate and unconditional withdrawal of all Soviet troops stationed on Afghan territories, called on Member States to refrain from providing assistance to the current imposed regime of Afghanistan; the Commission declared its solidarity with countries neighbouring Afghanistan against any threat to their security and well-being and called upon all States to support them in their efforts to safeguard their sovereignty, national independence and territorial integrity. 41
Bolivia In its resolution 23 (XXXIII) of 12 September 1980, the Sub-Commission recommended that the Commission on Human Rights study in 1981 reported human rights violations in Bolivia and take urgent measures aimed at the restoration of human rights there. 42 On 15 December 1980, the General Assembly, in resolution 35/185, urged the Bolivian authorities to ensure respect for human rights and fundamental freedoms and requested the Commission to accept the invitation by those authorities to visit the country, in order to study the human rights situation at first hand.
Democratic Kampuchea At its thirty-sixth session in 1980, the Commission on Human Rights considered an analysis by the Sub-Commission Chairman of information received on the human rights situation in Democratic Kampuchea. 43 By its resolution 29 (XXXVI) of 11 March 1980, the Commission condemned the gross and flagrant violations ofhuman rights which had occurred in Kampuchea, called for immediate withdrawal of foreign forces and cessation of hostilities; it recommended that the people of Kam puchea be granted their fundamental freedoms and human rights; it requested a member of the Sub-Commission to review, at its session later in the year, any further available material on the subject and submit it with recommendations to the Com mission in 1981. 44 The Commission's request was further endorsed by Economic and Social Coun cil decision 1980/136 of 2 May 1980. By its resolution 24 (XXXIII) of 12 September 1980, the Sub-Commission re quested that its records and the material reviewed by its member be transmitted to the Commission in 1981, and recommended that the Commission keep the question under review and consider inviting the Secretary-General to designate a Special Representative to assist in restoring full respect for human rights and fundamental 4 freedoms as speedily as possible in Kampuchea. '
El Salvador By its resolution 35/192 of 15 December 1980, the General Assembly asked the Salvadorian authorities to curb the reprehensible activities of paramilitary groups in
41 E/1980/13, chap. XXVI A.
42 E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
43 E/CN.4/1335. .. E/l980/13, chap. XXVI A. " E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A. Section A. United Nations organs 245
El Salvador, and urged-the Government to ensure full respect for human rights and fundamental freedoms. The Assembly called on Governments to refrain from sup plying military assistance in the current circumstances, and.requested the Commis sion on Human Rights to examine in 1981 the human rights situation in that country.
Equatorial Guinea By its resolution 33 (XXXVI) of 11 March 1980, the Commission on Human Rights asked the Secretary-General to appoint an expert with wide experience of Equatorial Guinea's situation with a view to assisting the Government of that coun try in fully restoring human rights and fundamental freedoms, keeping in mind the recommendations of the Special Rapporteur appointed by the Commission in 1979 to study the human rights situation there. The expert was expected to report to the 4 Commission in 1981. ' This resolution was further endorsed by Economic and Social Council decision 1980/137 of 2 May 1980. Guatemala By its resolution 32 (XXXVI) of 11 March 1980, the Commission urged the Government of Guatemala to ensure full respect for human rights and fundamental freedoms, took note with satisfaction of the Government's decision to invite the Inter-American Commission on Human Rights to visit the country -and decided to keep the situation under review. The Secretary-General was asked to-report to the Commission at its next session on the results of bringing this resolution to the atten tion of the Government of Guatemala. 47
.Islamic Republic ofIran On 10 September 1980, the Sub-Commission adopted resolution 10 (XXXIII) by which it requested the Secretary-General to transmit to the Iranian Government its concern for the safety of members of the National Administrative Council of the Baha'i religious community of Iran, and to invite that Government to express its commitment to the guarantees provided in the International Covenant on Civil and Political Rights ratified by that State. 48 By its resolution 21 (XXXIII) of 12 September, the Sub-Commission urged Iran to continue and intensify efforts for the immediate release of the United States 4 citizens held in Iran since November 1979. '
Malawi By its decision 10 (XXXVI) of 7 March 1980 the Commission, having examined a situation of alleged persecution of Jehovah's Witnesses in Malawi between 1972 and 1975, decided to conclude its examination by recommending to the Economic and Social Council the adoption of a resolution on the question, as, since the events
46 E/1980/13, chap. XXVI A.
47 Ibid. 4' E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
49 Ibid. 246 ParI Ill. International developments complained of, no further allegations had reached the Commission, and there were reasons to believe that the situation no longer persisted. '0 By its resolution 1980/31 of 2 May 1980, the Council adopted the text rec ommended by the Commission, by which it expressed the hope that the human rights of all Malawi citizens had been fully restored.
Western Sahara By its resolution 4 (XXXVI) of 15 February 1980, the Commission on Human Rights decided to follow closely the developments in Western Sahara and to consider the question as a matter of high priority at its next session."
Mass exoduses In resolution 30 (XXXVI) of 11 March 1980, the Commission called on all States as well as intergovernmental and humanitarian organizations to provide relief and assistance to refugees and displaced persons; it urged States that were the source of large-scale exoduses, or were the place of refuge of persons and groups involved, to co-operate fully in rendering protection and assistance to victims, in searching to prevent and eliminate conditions which might precipitate such exoduses; the Secretary-General was requested to consider establishing direct contacts with Governments and to make recommendations for ameliorating such situations. He was asked to submit to the Commission's 1981 session, or to the Assembly, his findings and recommendations to assist Governments in restoring full enjoyment of human rights." By resolution 35/196 of 15 December 1980, the Assembly endorsed the Com mission's requests. It asked the Commission to recommend further action on the basis of the report to be submitted to it by the Secretary-General in 1981.
Human rights of United Nations staff By its resolution 31 (XXXVI) of 11 March 1980, the Commission appealed to Member States to respect their obligations under relevant international instruments, and requested the Secretary-General to use his good offices to ensure the full enjoy ment of human rights by United Nations staff members and the enjoyment of rights conveyed under the Convention on the Privileges and Immunities of the United Nations."
}<'. Adverse consequences for the enjoyment of human rights of political, military, economic and other forms of assistance given to colonial and racist regimes in southern Africa
At its thirty-sixth session in 1980, the Commission considered a revised report by the Special Rapporteur of the Sub-Commission on the matter, which contained a
" E/1980/13, chap. XXVI B. " Ibid., chap. XXVI A. " Ibid., chap. XXVI A. " Ibid. Section A. United Nations organs 247 revised provisional general list of institutions providing assistance to the racist regimes in southern Africa. 54 By its resolution 11 (XXXVI) of 26 February, the Com mission called for an end to all forms of assistance to those regimes, requested that the Special Rapporteur's report be printed and disseminated on the widest scale and forwarded through the Economic and Social Council to the General Assembly; it further requested that the Special Rapporteur be mandated annually to update the list. ss In its resolution 10 (XXXVI) of the same date, the Commission took note of the agreement reached at Lancaster House in December 1979 on the future of Zim babwe, and called upon all parties to comply with the Lancaster House agreement. 56 The Commission's recommendations relating to the report on adverse conse quences of assistance to racist regimes in southern Africa were endorsed by the Economic and Social Council in its decision 1980/131 of 2 May 1980. By resolution 2 (XXXlll) of 2 September 1980, the Sub-Commission mandated its Special Rapporteur to continue to update the list, subject to annual review, with details he considered appropriate and explanations or responses. 57 The General Assembly also considered the matter at its thirty-fifth session. By resolution 35/32 of 14 November 1980, it requested the Security Council urgently to consider complete and mandatory sanctions against South Africa under Chapter VII of the Charter; it appealed for extension of all possible co-operation to the recog nized liberation movements of southern Africa; called for effective action to put a stop to trading, manufacturing and investing activities in South Africa and Namibia; called for wide publicity to be given to the Rapporteur's report; and decided to con sider the question as a matter of high priority at its 1982 session.
G. The right of peoples to self-determination
By its resolution 5 (XXXVI) of 15 February 1980, the Commission on Human Rights reaffirmed the inalienable right of the peoples of Namibia, Zimbabwe and South Africa, of the Palestinian people and of all peoples under alien and colonial domination to self-determination, national independence, territorial integrity, national unity and sovereignty without external interference; it emphasized again that the practice of using mercenaries against States and national liberation movements was a criminal act; it reiterated its demand for the immediate and uncon ditional release of all people detained or imprisoned as a result of their struggle for self-determination; it called on all States to implement United Nations resolutions concerning the exercise of the right to self-determination, requested the United Kingdom to guarantee free and fair elections in Zimbabwe, and reiterated its ap preciation for assistance to the peoples under colonial domination and foreign oc cupation in their struggle for self-determination and independence. 58
" E/CNA/Sub.21425, Corr.l and 2, and Add.I-6. " EI1980/13, chap. XXVI A. " Ibid.
57 E/CNA/1413, E/CNA/Sub.21459, chap. XVII A. " E/1980/13, chap. XXVI A. 248 Part Ill. International developments
In its resolution 26 (XXXIII) of 12 September 1980, the Sub-Commission re affirmed universal respect for the right of peoples to self-determination as the most fundamental condition for the preservation and promotion of human rights; it also recommended that the Commission give special attention to the violation of the right of self-determination and other human rights resulting from foreign military in tervention or occupation." For its consideration of this matter at its thirty-fifth session in 1980, the General Assembly had before it a report by the Secretary-General summarizing replies on ac tion taken by Governments and non-governmental organizations in response to the 'Assembly's call for legislation against mercenaries and for maximization of assistance to peoples under colonial and foreign rule and to victims of racial discrimination. 60 In its resolution 35/35 A of 14 November, the Assembly reaffirmed the legitimacy of the liberation struggle and the inalienable right of all peoples under alien and colonial domination to self-determination and sovereignty without external interference. In resolution 35/35 B of the same date, the Assembly requested the Commission on Human Rights to continue to give special attention to the violation of the right of self-determination and other human rights resulting from foreign military aggres sion, intervention or occupation.
H. Question of the human rights of persons subjected to any form of detention or imprisonment
At its thirty-fifth session in 1980, the General Assembly had before it, in con nection with this issue, a report by the Secretary-General61 summarizing comments received from States to a draft body of principles for the protection of all persons under any form of detention or imprisonment. An open-ended working group was established by the Assembly's Third Com mittee to consider the draft body as well as a draft declaration on the human rights of individuals who were not citizens of the country in which they lived. The group , provisionally agreed on the texts of several draft principles. By its resolution 35/177 of 15 December, the Assembly referred to its 1981 regular session the draft body of principles for consideration by the Sixth Commit tee, and decided to establish at that session an open-ended working group to try to conclude consideration of the draft. At its thirty-third session the Sub-Commission adopted resolution 17 (XXXIII) on 11 September 1980. In this resolution, it strongly reiterated its recommendation that the Commission request the Economic and Social Council to authorize appoint ment of a group of five Sub-Commission members to meet prior to each session to analyse the material received in connection with the human rights of persons sub-
" E/CNAIl413. E/CNA/Sub.2/459, chap. XVII A. 60 A/35/l46 and Add.l and 2.
61 A/35/40l and Add.l and 2. Section A. United Nations organs 249 jected to detention or imprisonment and to prepare the Sub-Commission's annual 6 review of developments in this field. ' By its resolution 35/189 of 15 December 1980, the General Assembly empha sized the particular importance of protecting the right of prisoners not to be sub jected to torture or other cruel, inhuman or degrading treatment or punishment, and their right to receive a fair hearing by an independent and impartial tribunal; it also reiterated previous requests to Member States to take measures aimed at securing the release of persons detained because of their political opinions or convictions. At its thirty-fifth session in 1980 the Assembly adopted other resolutions relating to the protection of human rights of certain categories of prisoners, such as resolutions 35/206 K of 16 December relating to political prisoners in South Africa; 35/35 A of 14 November on persons detained as a result of their struggle for self determination and independence; 35/122 C of 11 December concerning the Arab population of the Israeli-occupied territories. By its resolution 35/171 of 15 December, the Assembly endorsed the Caracas Declaration of the Sixth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which stated that programmes for crime prevention and the treatment of offenders should be based on the social, cultural, political and economic circumstances of each country. By its resolution 35/170 of 15 December, the Assembly called on all States to consider favourably the use of the 1979 Code of Conduct for Law Enforcement Of ficials within their national legislation and practice or directives governing law enforcement agencies. Upon a recommendation contained in Commission on Human Rights resolution 16 (XXXVI) of 29 February 1980;' the Economic and Social Council, by decision 1980/124 of 2 May 1980 authorized the Sub-Commission to entrust a Special Rap porteur with the preparation of a report on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, with a view to avoiding discrimination in the administration of justice. By its resolution 1980/28 also adopted on 2 May, the Council authorized the Sub-Commission to entrust a Special Rapporteur with the preparation of a study on discriminatory treatment against members of racial, ethnic, religious or linguistic groups at the various levels in the administration of criminal justice proceedings. In its resolution 13 (XXXIII) on 11 September 1980, the Sub-Commission called on all States fully to respect and guarantee the right of all judges and lawyers to form or participate in professional organizations of their own. 64 By resolution 16 (XXXIII) of the same date, the Sub-Commission asked the Secretary-General to consider the possibility of organizing, within the framework of advisory services in the field of human rights, a seminar on the independence and im partiality of the judiciary, jurors and assessors, and the independence of lawyers in different legal systems. The Sub-Commission decided to include the study of its
" E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
63 E/1980/13, chap. XXVI A.
64 E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A. 250 Part Ill. International developments
Special Rapporteur on judicial independence as a separate subject at its next session. 65
I. Torture and other cruel, inhuman or degrading treatment or punishment
An open-ended Working Group of the Commission on Human Rights met prior and during the Commission's thirty-sixth session in 1980 to continue work on a draft convention against torture and other cruel, inhuman or degrading treatment or punishment. In its resolution 34 (XXXVI) of 12 March, the Commission noted with satisfaction progress made by the Working Group and decided to accord high pri ority to consideration of the draft at its next session. 66 At its thirty-fifth session in 1980, the General Assembly had before it, in con nection with this question, a report by the Secretary-General summarizing informa tion on legislative, administrative or other measures taken by Member States to put into practice the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,67 as well as a report by the Secretary-General reproducing Member States' unilateral declarations, received since he last reported in 1979, against torture and other cruel, inhuman or degrading treatment or punishment.68 By its resolution 35/178 of 15 December, the Assembly welcomed Economic and Social Council resolution 1982/32 of 2 May authorizing a Commission working group to meet prior to the Commission 1981 session to complete the work on a draft convention against torture and other cruel, inhuman or degrading treatment or punishment. The Assembly asked the Commission to complete the draft at that ses sion.
J. Draft Code of Medical Ethics
At its thirty-fifth session the General Assembly had before it, in connection with this question, a report by the Secretary-General summarizing comments and sugges tions of Member States and organizations on the draft Code of Medical Ethics. 69 By its resolution 35/179 of 15 December 1980, the Assembly requested the Secretary General to renew his request to Member States and organizations for comments and suggestions on the draft Code. It requested the Economic and Social Council to con sider the draft Code at its April/May 1981 session, and invited Member States to take an active part in deliberations on the Code.
K. Disappeared persons
By its resolution 20 (XXXVI) of 29 February 1980, the Commission on Human Rights decided to establish for one year a working group of five of its members to ex-
os Ibid. •• £/1980/13, chap. XXVI A.
67 A/35/369 and Add.l and 2. .. A/35/370/Rev.l and Rev.l1Add.I.
69 A/35/372 and Add.I-3. Section A. United Nations organs 251 amine questions relevant to enforced or involuntary disappearances, which was to report to the Commission in 1981 with conclusions and recommendations. 70 The Commission's decision was further endorsed by the Economic and Social Council in. its decision 1980/128 of 2 May 1980. By its resolution 18 (XXXIII) of 11 September 1980, the Sub-Commission urged the Commission to extend the Working Group's mandate; it urged the Secretary General to continue to exercise his good offices in cases of enforced or involuntary disappearances; it also decided to study the question further. 71 By resolution 35/193 of 15 December, the General Assembly welcomed the Commission's establishment of the Working Group, requested the Commission to continue to study the question as a matter or priority, appealed to Governments to co-operate with the Group and the Commission, and requested the Secretary General to draw the concerns expressed in the resolution to the attention of all Governments, organizations and specialized agencies. Both the Commission, in its resolution 21 (XXXVI) of 29 FebruarY,72 and the Assembly, in resolution 35/188 of 15 December, took action on disappeared persons in Chile, urging Chilean authorities to investigate and clarify the fate of those who had disappeared for political reasons, inform their relatives and institute criminal proceedings against those responsible.
L. Slavery and the slave-trade
By its resolution 15 (XXXVI) of 29 February 1980, the Commission rec ommended that the Economic and Social Council authorize the Sub-Commission to entrust one of its members with extending and updating the 1966 Report on Slavery73 for submission to the Sub-Commission at its 1981 session. 74 On the same date, the Commission adopted decisions 4 (XXXVI), by which it requested the Secretary-General to update the list of experts available for advice on the liquidation of slavery; and 5 (XXXVI), by which it extended the period of work of the Working Group on slavery to five working days immediately before the Sub 7 Commission's·session. ' The Commission's decisions on the Report on slavery and the Working Group were further endorsed by the Economic and Social Council on 2 May 1980 as de cisions 1981/123 and 1980/127 respectively. By its resolution 8 (XXXIII) of 10 September 1980, the Sub-Commission urged States to ratify the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and the 1956 Supplementary Convention on the Abolition of Slavery, the slave trade, and Institutions and Prac-
70 E/1980/13, chap. XXVI A.
71 E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
72 E/1980/13, chap. XXVI A.
73 United Nations publication, Sales No. 67.xIV.2.
74 E/1980/13, chap. XXVI A.
7S Ibid. 252 Part Ill. International developments tices Similar to Slavery; it also took a number of decisions relating to the questions of the slavery-like practices of apartheid and colonialism, slavery and the slave trade, the sale of children, the exploitation of child labour, debt bondage and the traffic in persons and the exploitation of the prostitution of others.7. By its resolution 9 (XXXIII) of the same date, the Sub-Commission, having considered the report of the Working Group on Slavery on its sixth session," en dorsed its recommendations concerning apartheid as a collective form of slavery and recommended that the Commission should consider the Secretary-General's report on the question,78 and requested the Secretary-General to bring this report to the at tention of all Member States and competent United Nations bodies. 79
M. Exploitation of child labour
Upon a recommendation contained in Commission resolution 17 (XXXVI) of 29 February 1980,80 the Economic and Social Council, by its decision 1980/125 of 2 May, authorized the Sub-Commission to entrust a Special Rapporteur with the preparation of a report on the exploitation of child labour. In its resolution 8 (XXXIII) of 10 September on various forms of slavery and slavery-like practices, the SUb-Commission requested the Secretary-General to bring reports on child labour in various countries, submitted to its Working Group on slavery, to the attention of Governments concerned for comments. 81
N. International legal protection of the human rights of individuals who are not citizens of the country in which they live
By its resolution 19 (XXXVI) of 29 February 1980, the Commission expressed its deep appreciation to the Special Rapporteur entrusted with preparing the study" and the draft declaration" on the human rights of individuals who are not citizens of the country in which they live and proposed to the Economic and Social Council the adoption of a draft resolution according to which it would transmit to the General Assembly, for its consideration and with a view to its adoption, the text of the draft declaration, together with comments" received from Member States. 83 This draft was adopted by the Economic and Social Council as resolution 1980/29 of 2 May 1980.
76 E/CN.4/1413, E/CN.4/Sub.2/459, chap. XVII A.
77 E/CN.4/Sub.2/447.
78 E/CN.4/Sub.2I449.
79 E/CN.4/1413, E/CNA/Sub.2/459, chap. XVII A.
80 E/1980/13, chap. XXVI A.
81 E/CN.4/1413, E/CNA/Sub.2/459, chap. XVII A.
82 E/CNA/Sub.2I392 and Corr.l.
83 E/CNA/1336.
84 E/CNA/1354 and Add.1-6. " E/1980/13, chap. XXVI A. Section A. United Nations organs 253
During the thirty-fifth session of the General Assembly, the draft declaration was examined in a working group of the Third Committee. By its resolution 35/199 of 15 December 1980, the Assembly, noting that the working group had done useful work but had not had sufficient time to conclude its task, decided to establish at its 1981 regular session an open-ended working group to conclude elaboration of the draft declaration.
O. Question of a convention on the rights of the child
In 1980, the Commission on Human Rights continued its work on a draft con vention on the rights of the child through an open-ended working group. By its resolution 36 (XXXVI) of 12 March, the Commission decided to continue work on the draft as a matter of priority in 1981. 86 Upon the Commission's request, the Economic and Social Council, by decision 1980/138 of 2 May, authorized a one week session of the group prior to the 1981 Commission's session. By resolution 35/131 of 11 December, the Assembly welcomed the Council's decision and requested the Commission to continue to give high priority to com pleting the draft convention.
P. International Year of Disabled Persons
By its resolution 35/133 of 11 December 1980, the General Assembly decided to accept the offer of the Government of Argentina to host in 1981 an international symposium of experts on technical assistance in the field of disability and technical co-operation among developing countries, to be held in conformity with the Plan of Action for the International Year of Disabled Persons; it also requested the Secretary-General to convene a session of the Advisory Committee in 1981.
Q. Policies and programmes relating to youth
In its resolution 35/126 of 11 December 1980, the Assembly, recalling its 1979 decision to designate 1985 as International Youth Year: Participation, Development, " Peace, requested the Secretary-General to convene three sessions of the Advisory Committee for the International Youth Year in the period 1981-1985 so that it may formulate, for consideration by the General Assembly, a specific programme of measures and activities to be undertaken prior to and during the year on the basis of the draft programme prepared by the Secretary-General.
R. Human rights of migrant workers
By its resolution 1980/16 of 30 April 1980, the Economic and Social Council, having taken note of the report of the Secretary-General on measures to improve the
86 E/1980113, chap. XXVI A. 254 Part Ill. International developments situation and ensure the human rights and dignity of all migrant workers,87 invited the Commission on Human Rights to devote, at its next session, all the time required to implement Commission resolution 25 (XXXV) of 14 March 1979 on the subject, invited host countries to ensure the protection of migrant workers' families, and decided to make further recommendations to the Assembly in the light of conclu sions on the subject which the Commission on Human Rights and the Commission for Social Development would submit in their 1981 reports. By its resolution 1 (XXXIII) of 2 September 1980, the Sub-Commission re quested the Commission to ask the Council to arrange for a 1976 report by the Special Rapporteur on the exploitation of labour through illicit and clandestine traf ficking, to be printed as soon as possible and given the widest possible dissemination. 88 The Working Group on the drafting of an International Convention on the Pro tection of the Rights of All Migrant Workers and Their Families convened by the Assembly's Third Committee held its meetings between 8 October and 19 November 1980. By its resolution 35/198 of 15 December the General Assembly took note with satisfaction of the report of the Working Group's Chairman,89 and decided that the Group should meet for two weeks immediately after the Council's April/May 1981 session and during the regular 1981 Assembly session.
S. Right to education
By its resolution 35/191 of 15 December 1980, the General Assembly invited all States to consider appropriate measures to ensure full implementation of the right to universal education. It also thanked the Director-General of UNESCO for a preliminary report containing information on UNESCO activities in relation to sup port for education and training of national personnel from developing countries!·
T. Human rights and scientific and technological developments
By its resolution 11 (XXXIII) of 10 September 1980, the Sub-Commission en trusted one of its members with studying the question of the protection of persons detained on grounds of mental ill-health against treatment that might adversely af fect the personality, with a view to submitting in 1981 a draft body of persons detain ed on the grounds of mental ill-health!' By its resolution 12 (XXXIII) of 11 September, the Sub-Commission, noting the risks of interference with privacy posed by the increasing world-wide use of com puterized personal files, requested its Chairman to designate a member to study rele-
" E/1980/16. " E/CNA/1413, E/CNA/Sub.2I459, chap. XVII A. " A/C.3/35/13. ,. A/35/148. " E/CNA/1413, E/CNA/Sub.2I459, chap. XVII A. Section A. United Nations organs 255 vant guidelines in this area and report with proposals to the Sub-Commission in 1981 ..' The General Assembly also considered the subject at its thirty-fifth session in 1980. In resolution 35/130 A of 11 December, it stressed the importance of im- .plementing its 1915 Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind in order to promote human rights under conditions of scientific and technological progress, and requested the Secretary-General to submit in 1981 a report on its implementation. In resolution 35/130 B of the same date, the Assembly requested the Economic and Social Council and the Commission on Human Rights to consider the draft guidelines and principles to be submitted in connection with the protection of per sons detained on grounds of mental ill-health, with a view to submitting them to the Assembly at its thirty-seventh session.
u. The New International Economic Order and the protection of human rights
By its resolution 6 (XXXVI) of 21 February 1980, the Commission on Human Rights requested the Secretary-General to arrange for a Seminar on the Effects of the Existing Unjust International Economic Order on the Economies of the Developing Countries and the Obstacle that this Represents for the Implementation of Human Rights and Fundamental Freedoms." The Seminar was held in Geneva from 30 June to 11 July 1980. 94 Its report was transmitted by the Secretary~General to the Assembly at its eleventh special session on economic development and at its thirty-fifth session. By its resolution 7 (XXXVI) also adopted on 21 February, the Commission renewed its invitation to United Nations economic and social organs to take account in their activities of the Secret2.ry-General's 1979 study on the international dimen sions of the right to development as a human right'" It requested the Secretary General, in a follow-up study of the regional and national dimensions of the right to development as a human right to elaborate on the conditions required for the enjoy ment of the right to development; it also requested the Secretary-General to furnish all the assistance necessary in order that the study might be completed satisfactorily.'6 This last request was endorsed by the Economic and Social Council in its decision 1980/130 of 2 May 1980. ) By its resolution 18 (XXXVI) of 29 February 1980, the Commission recom mended to the Economic and Social Council that it authorize the Sub-Commission to appoint one of its members as Special Rapporteur to prepare a study on the new international economic order and the promotion of human rights." This resolution was further endorsed by the Council in its decision 1980/126 of 2 May 1980.
" Ibid. " E/1980/13, chap. XXVI A.
94 ST/HR/SER.Al8.
9l E/CN.4/1334. " E/1980/13, chap. XXVI A. 97 Ibid. 256 Part Ill. International developments
By its resolution 35/174 of 15 December, the General Assembly requested the Commission to promote the right to development as a human right and take action for its realization. It reaffirmed the paramount importance of Member States under taking obligations through accession to or ratification of international instruments in this field; it requested the Secretary-General to give priority to the holding in 1981 of a Seminar on relations between human rights, peace and development and, to this end, to report to the Commission at its 1981 session.
V. Further promotion and encouragement of human rights and fundamental freedoms
1. PROGRAMME AND METHODS OF WORK OF THE COMMISSION AND ITS SUB-COMMISSION
By its resolution 25 (XXXVI) of 11 March 1980, the Commission urgently re quested the Economic and Social Council to take measures for the reintroduction of summary records for the Commission and its Sub-Commission!' By decision 1980/133 of 2 May 1980, the Council decided that summary records were to be reintroduced, commencing with the Commission's 1981 and the Sub Commission's 1980 sessions. By decision 1980/140 of the same date, the Council, upon a recommendation contained in Commission decision 15 (XXXVI) of 12 March," authorized three hours of additional meeting services a day during the Commission's 1981 session. By resolution 28 (XXXVI) of 11 March 1980, the Commission, in connection with its analysis of the United Nations approach to the promotion and encourage ment of human rights and fundamental freedoms, including the question of the Commission's programme and methods of work and alternative approaches and means within the United Nations system to improve the enjoyment of human rights, decided to establish, at the beginning of its next session a sessional working group to this end. loo By its resolution 27 (XXXlll) of 12 September, the Sub-Commission requested the Commission to recommend to the Economic and Social Council that it authorize the Sub-Commission to meet for two weeks twice a year, and to be renamed the Sub Commission of the Commission on Human Rights. lo, At its thirty-fifth session, the General Assembly had before it, in connection with this question, a progress report by the Secretary-General on the Commission's ongoing work on the overall analyses. lo2 By its resolution 35/174 of 15 December 1980, the Assembly reiterated its request to the Commission to continue its work on the matter.
98 1980/13, chap. XXVI A.
99 Ibid., chap. XXVI B.
100 Ibid., chap. XXVI A.
101 E/CNA/1413, E/CNA/Sub.2/459, chap. XVII A.
1_02 A/35(373. Section A. United Nations organs 257
By its decision 1980/132 of 2 May, the Economic and Social Council endorsed a request contained in Commission resolution 22 (XXXVI) of 28 February 1980103 that the Division on Human Rights be redesignated as a Centre for Human Rights. By its resolution 35/194 of 15 December, the General Assembly requested the Secretary General to keep the question under consideration.
2. FACT-FINDING MISSIONS
By its resolution 35/176 of 15 December, the Assembly requested the Commis sion on Human Rights to discuss at its 1981 session, the question of the establish ment of bodies entrusted with fact-finding missions and the extent to which they might enhance the promotion and protection of human rights.
3. CREATION OF A POST OF HIGH COMMISSIONER FOR HUMAN RIGHTS
By its resolution 35/175 of 15 December, the General Assembly requested the Commission on Human,Rights to consider a proposal for the establishment of a post of United Nations High Commissioner for Human Rights under the item "Further promotion and encouragement of human rights and fundamental freedoms". It re quested the Commission to submit, through the Economic and Social Council, to the Assembly at its regular 1981 session a report on its work on that item.
4. PUBLIC INFORMATION ACTIVITIES IN THE FIELD OF HUMAN RIGHTS
In its resolution 24 (XXXVI) of 11 March 1980, the Commission on Human Rights recommended for adoption by the Economic and Social Council a draft resolution by which the Council, having taken note of the report submitted by the Secretary-General to the Commission on the development of public information ac tivities in the field of human rights I04 would request the Secretary-General to draw up and implement a world-wide programme for the dissemination of international instruments on human rights in as many languages as possible and to report on its implementation at its 1981 session. 10' This draft was adopted by the Economic and Social Council as resolution 1980/30 of 2 May 1980. In its resolution 351201 of 16 December, the Assembly requested the Secretary General to ensure that the Department of Public Information continued to orient its work towards the dissemination of information on promotion of human rights.
5. REGIONAL HUMAN RIGHTS ARRANGEMENTS
At its thirty-fifth session the General Assembly had before it, in connection with this question, a report by the Secretary-General in which he informed the Assembly
10' 1980/13, chap. XXVI A.
104 E/CN.4/1368. la' E/1980/13, chap. XXVI A. 258 Part Ill. International developments that he had followed closely the efforts of governmental and non-governmental organizations to encourage the establishment of regional or subregional human rights arrangements. By its resolution 35/197 of 15 December 1980, the Assembly requested the Secretary-General to maintain close co-operation with the OAU Secretary-General on the elaboration of an African Charter of Human Rights and setting up of an African Commission on Human Rights; it welcomed an offer by Sri Lanka to host a seminar of Asian Member States to consider regional arrangements for the pro motion and protection of human rights and requested the Secretary-General to ar range for holding the seminar at Colombo in 1981.
6. INDIVIDUALIZATION OF PROSECUTION AND PENALTIES
In its resolution 26 (XXXVI) of 11 March 1980, the Commission reaffirmed all relevant principles governing the fundamental safeguards of the individual set forth in particular in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and requested its Sub-Commission to study and submit general recommendations on this question. '06
W. Conscientious objection to military service
By its resolution 38 (XXXVI) of 12 March 1980, the Commission on Human Rights requested the Secretary-General to seek from Member States up-to-date in formation and comments on national legislation and other measures and practices relating to conscientious objection to military and alternative service, and to report to the Commission in 1981.'07 In its resolution 351206 B of 16 December 1980, the General Assembly appealed to the youth of South Africa to refrain from enlisting in the South African Armed Forces and invited all Governments and organizations to assist persons compelled to leave South Africa because of their conscientious objection to serving in its military or police force.
X. Advisory services in the field of human rights
The regional symposium on the Role of the Police in the Protection of Human Rights was held at The Hague, Netherlands, from 14 to 25 April 1980, '08 under the United Nations Programme of Advisory Services in the Field of Human Rights. A Seminar on the Effects of the Existing Unjust International Economic Order on the Economies of the Developing Countries and the Obstacle that this Represents
106 E/1980/13, chap. XXVI A.
107 Ibid.
10. ST/HR/SER.A/6. Section A. United Nations organs 259 for the Implementation of Human Rights and Fundamental Freedoms'o, was held at Geneva from 30 June to 11 July. In its resolution 16 (XXXIII) of 11 September 1980, the Sub-Commission re quested the Secretary-General to consider the possibility of organizing, within the framework of the Advisory Services Programme, a seminar on the independence and impartiality of the judiciary. 11 ° In its resolution 8 (XXXIII) of 10 September, the Sub-Commission requested the Secretariat to examine the possibility of organizing a round-table or symposium on debt bondage, as part of the advisory services pro gramme."l During 1980, 25 fellowships in the field of human rights were granted to nationals of various countries. In its resolution 35/174 of 15 December, the General Assembly requested the Secretary-General to give priority, through the Advisory Services Programme, to the holding in 1981 of a seminar on the relations between human rights, peace and development.
10. ST/HR/SER.A/8.
110 E/CNA/1413, E/CNA/Sub.2I459, chap. XVII A.
III Ibid. Section B. Specialized agencies
A. United Nations Educational, Scientific and Cultural Organization (UNESCO)
As regards the activities of UNESCO in the field of human rights during 1980, the following developments can be mentioned.
1. PARTICIPATION IN MEETINGS
UNESCO organized, in March 1980, a meeting on information and documents concerned with human rights. UNESCO participated in the 21st session of the Committee on the Elimination of Racial Discrimination (CERD), Geneva, 24 March-11 April 1980. UNESCO participated in the United Nations Seminar on Political, Economic, Cuitural and Other Factors underlying Situations Leading to Racism including a Survey of the Increase or Decline of Racism and Racial Discrimination, Nairobi (Kenya), 19-30 May 1980. An inter-regional colloquium on Human Rights was held in Ankara, Turkey, in June 1980 to stimulate the development of the Human Rights Centre at the Faculty of Political Science, University of Ankara, on the theme of "The International Dimension of Human Rights promotion-protection and its implications on national efforts". An International Meeting of Experts on the Evaluation and Development of the Associated Schools Project was held at UNESCO headquarters in Paris from 8 to 12 September 1980. A third regional colloquium was organized by the International Organization of Journalists (IOJ), in collaboration with UNESCO in Bamako, Mali, from 1 to 3 Oc tober 1980. The subject of the colloquium was how the mass media in general and the press in particular could contribute towards greater international understanding by implementing the principles of the Declaration on Fundamental Principles con cerning the Contribution of Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racism, Apartheid and Incitement to War. UNESCO participated in the International Symposium on the Problems of Fascism: the Struggle against Nazism and Fascism-a contribution to the defence of democracy and peace, Frankfurt-am-Main, Federal Republic of Germany, 29-30 Oc tober 1980.
260 Section B. Specialized agencies 261
UNESCO also participated in the International Conference of Teachers against Racism, Anti-Semitism and Violations of Human Rights, Tel Aviv (Israel), 9-14 November 1980.
2. EXAMINATION OF CASES AND QUESTIONS CONCERNING THE EXERCISE OF HUMAN RIGHTS COMING WITHIN UNESCO's COMPETENCE
The Committee on Conventions and Recommendations met in private session at UNESCO Headquarters from 21 to 29 April and 25 August to 1 September 1980 in order to examine communications which had been transmitted to it in accordance with decision 104 EX/3.3 of the Executive Board.
3. RESOLUTIONS AND DECISIONS
The following resolutions, adopted by the General Conference of UNESCO at its twenty-first session (Belgrade, September-October 1980), can be mentioned in connection with human rights developments: Resolution 2l1C/lI03-Convention and Recommendation against Discrimina- tion in Education; Resolution 21 C/lI04-Education for refugees; Resolution 21 C/lI06-Palestinian Open University; Resolution 3/03-Plan for the Development of Human Rights Teaching; Resolution 3/04-Development of Human Rights Teaching and Information; Resolution lI05-Refugees in Sudan; Resolution 7/05-Assistance for Refugees in Asia. At its one hundred and ninth session in 1980, the Executive Board of UNESCO adopted decision 109 EX/DECISION 5.4.3, entitled: "UNESCO's contribution to the implementation of the International Covenants on Human Rights and of the Op tional Protocol to the International Covenant on Civil and Political Rights: Study of the legal, administrative and practical problems, prepared in pursuance of 107 EX/Decision 4.4.1 (109 EX/CR/SS/l) and report ofthe Committee on Conventions and Recommendations on the subject (109 EX/51)".
B. World Health Organization (WHO)
WHO prepared a report on health implications of apartheid for women which was presented to the 1980 World Conference of the United Nations Decade for Women: Equality, Development and Peace. A paper on the health of women living under apartheid was also submitted to the International Seminar on Women and Apartheid which was held in Helsinko in May 1980. - WHO has co-sponsored the Council for International Organizations of Medical Sciences (CIOMS) Round Table Conference on Medical Ethics and Medical Educa tion held in Mexico in 1980. 262 Part Ill.. International developments
Mention can also be made of the report of WHO under article 18 of the Interna tional Covenant on Economic, Social and Cultural Rights, submitted in accordance with Economic and Social Council resolution 1988 (LX), concerning rights covered by article 12 of the Covenant and transmitted by the Secretary-General to the Ses sional Working Group on the implementation of the International Covenant on Economic, Social and Cultural Rights (E/1980/24). ANNEX Text of revised general guidelines concerning the form and contents of reports by States parties under article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, as adopted by the Committee on the Elimination of Racial Discrimination at its 475th meeting (twenty-first session) on 9 April 1980
1. In accordance with article 9, paragraph 1, of the International Convention on the Elimination of All Forms of Racial Discrimination, each State party has undertaken to submit to the Secretary-General of the United Nations, for considera tion by the Committee on the Elimination of Racial Discrimination, a report on the legislative, judicial, administrative or other measures which it has adopted and which give effect to the provisions of the Convention: (a) within one year after the entry into force of the Convention for the State concerned; and (b) thereafter every two years and whenever the Committee so requests. Article 9, paragraph 1, also provides that the Committee may request further information from the States parties. 2. In order to assist the Committee in fulfilling the tasks entrusted to it pur suant to article 9 of the Convention and to further facilitate the task of States parties in the preparation oftheir reports, the Committee has decided that it would be useful to inform States parties of its wishes regarding the form and contents of their reports. Compliance with these guidelines will help to ensure that reports are presented in a uniform manner and enable the Committee and States parties to ob tain a complete picture of the situation in each State as regards the implementation of the provisions of the Convention. This will also reduce the need for the Commit tee to request further information under article 9 and its provisional rules of pro cedure. 3. These general guidelines replace the previous communication (CERD/ C/R.12) which was adopted by the Committee on 28 January 1970 and reproduced in documents A/8027, annex III-A and CERD/C/36. 4. It should also be noted, in this connection, that the Committee stated in its General Recommendation 11 of 24 February 1972 that since all the categories of in formation requested from States parties refer to obligations undertaken by States parties under the Convention, the necessary information in conformity with these guidelines should be provided by all States parties without distinction, whether or not racial discrimination exists in their respective territories. 5. In selecting information for inclusion in their reports, States parties should bear in mind the definition of the term "racial discrimination" as reflected in ar ticle 1, paragraph 1, of the Convention, as well as the provisions of article 1,
265 266 Annex
paragraphs 2, 3 and 4, which refer to situations not considered as racial discrimi nation. 6. The report should also reflect in all its parts the actual situation as regards the practical implementation of the provisions of the Convention and the progress achieved. 7. The report should be presented in two parts as follows:
PART I
General This part should describe briefly the policy of eliminating racial discrimination in all its forms and the general legal framework within which racial discrimination as defined in article 1, paragraph 1, of the Convention is prohibited and eliminated in the reporting State, and the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life are promoted and protected. It should also indicate whether the provisions of the Convention can be invoked before, and directly enforced by, the Courts, other tribunals or administrative authorities or whether they have to be implemented by way of internal laws or ad ministrative regulations in order to be enforced by the authorities concerned. Information should also be provided in this part in connection with General Recommendation IV adopted by the Committee on 16 August 1973, in which the Committee invited States parties "to endeavour to include in their reports under ar ticle 9 of the Convention relevant information on the demographic composition of the population ...".
PART II
Information in relation to each of the articles in part I (articles 2 to 7) of the Convention
This part should provide specific information in relation to articles 2 to 7, in ac cordance with the sequence of those articles and their respective provisions, as follows:
Article 2 A. Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 2, paragraph 1, of the Convention, in particular: 1. Measures taken to give effect to the undertaking to engage in no act or prac tice ofracial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; 2. Measures taken to give effect to the undertaking not to sponsor, defend or support racial discrimination by any persons or organizations; Annex 267
3. Measures taken to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; 4. Measures taken to give effect to the undertaking to prohibit and bring to an end, by all appropriate means, including legislation as required by cir cumstances, racial discrimination by any persons, group or organization; 5. Measures taken to give effect to the undertaking to encourage, where ap propriate, integrationist multi-racial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division. B. Information on the special and concrete measures taken in the social, economic, cultural and other fields to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the pur pose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms, in accordance with article 2, paragraph 2, of the Con vention. Article 3 A. Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 3 of the Convention, in particular, to the condemnation of racial segregation and apartheid and to the undertaking to prevent, prohibit and eradicate all practices of this nature in ter ritories under the jurisdiction of the reporting State. B. Information on the status of diplomatic, economic and other relations between the reporting State and the racist regimes of southern Africa, as re quested by the Committee in its General Recommendation III of 18 August 1972 and decision 2 (XI) of 7 April 1975.
Article 4 A. Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 4 of the Convention, in particular: Measures taken to give effect to the undertaking to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, racial discrimination; in particular:* 1. To declare an offence punishable by law all dissemination of ideas based on racial superiority and hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provi sion of any assistance to racist activities, including financing thereof; 2. To declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimina tion, and to recognize participation in such organizations or activities as an offence punishable by law;
* With due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Covention. 268 Annex
3. Not to permit public authorities or public institutions, national or local, to promote or incite ra(;ial discrimination. B. Information on appropriate measures taken to give effect to General Recommendation I, of 24 February 1972, by which the Committee recommend ed that the States parties whose legislation was deficient in respect of the im plementation of article 4 to consider, in accordance with their national legislative procedures, the question of supplementing their legislation with pro visions conforming to the requirements of article 4 (a) and (b) of the Conven tion; C. Information in response to decision 3 (VII) adopted by the Committee on 4 May 1973 by which the Committee requested the States parties: 1. To indicate what specific penal internal legislation designed to implement the provisions of article 4 (a) and (b) has been enacted in their respective coun tries and to transmit to the Secretary-General in one of the official languages the texts concerned, as well as such provisions of general penal law as must be taken into account when applying such specific legislation; 2. Where no such specific legislation has been enacted, to inform the Commit tee of the manner and the extent to which the provisions of the existing penal laws, as applied by the courts effectively implement their obligations under article 4 (a) and (b), and to transmit to the Secretary-General in one of the official languages the texts of those provisions.
Article 5 Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 5 of the Convention; in particular, measures taken to prohibit racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, descent, or national or ethnic origin, to equality before the law notably in the enjoyment of: A. The right to equal treatment before tribunals and all other organs ad ministering justice; B. The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual, group or institution; C. Political rights, in particular the right to participate in elections to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have access to public service; D. Other civil rights, in particular those enumerated under article 5, paragraph (d), subparagraphs (i) to (ix), of the Convention; / E. Economic, social and cultural rights, in particular those enumerated under article 5, paragraph (e), subparagraphs (i) to (vi), of the Convention; F. The right to access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafes, theatres and parks. Annex 269
Article 6 A. Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 6 of the Convention, in particular, measures taken to assure to everyone within the jurisdiction of the reporting State effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms; B. Measures taken to assure to everyone the right to seek from such tribunals just and adequate reparation or satisfaction for any damage as a result of such discrimination; C. Information on the practice and decisions of the courts and other judicial and administrative organs relating to cases of racial discrimination as defined under article 1 of the Convention.
Article 7 Information on the legislative, judicial, administrative or other measures which give effect to the provisions of article 7 of the Convention and to General Recommendation V, adopted by the Committee on 13 April 1977, in particular: Immediate and effective measures taken in the fields of teaching, education, culture and information with a view to: A. Combating prejudices which lead to racial discrimination; B. Promoting understanding, tolerance and friendship among nations and racial or ethnic groups; C. Propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and the International Convention on the Elimination of All Forms of Racial Discrimination. 8. The Committee requests States parties to incorporate in Part 11 of their reports, under the appropriate headings, the texts of the relevant laws, judicial de cisions and regulations referred to therein as well as all other elements which they consider essential for the Committee's consideration of their reports. The reports should also be accompanied, if needed, by sufficient copies in one of the working languages (English, French, Russian or Spanish) of all other supplementary documentation which the reporting States may wish to have distributed to all members of the Committee in connection with their reports.. 9. On the basis of reports already submitted and those prepared and submitted according to the above guidelines, the Committee is confident that it will be enabled to develop or continue a constructive and fruitful dialogue with each State party for the purpose of the implementation of the Convention and thereby to contribute to mutual understanding and peaceful and friendly relations among nations in ac cordance with the Charter of the United Nations. ;..\oo:.J1 r'~1 .;"IJ"':';" ~ J.,.....Jl 4 l,-. Jol.::" ';)1 <,:UI ~ 4.:0 r'-=--I • ~WI .l..; I ~ ,j t').p1JJ'J .:.I,.:UI ~ ;~I .... '>'1 .:.1Jr'- ~ J.,....JI J..._ . ~,j JI !JJ.Y.~ ,j ~I ~. ~I ....'>'1 , JI "'£1 JI VDfiiJ Ill~Jllg.1iI ill J:&~ ~fl-~ili~ ~n:1:tlt l'f.~Jl!!.tf.J '!51;5~m!lllJ!;}:fi ~~o ~1cJ '!5I;5PJrC]i&~mitl!ll!~li1'8 J1iJUl';JlOCfl-OOm~!llo
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COMO CONSEGUIR PUBLICACIONES DE LAS NACIONES UNIDAS Las publicaciones de las Naciones Unidas estan en venta en librerias y casas distri buidoras en todas partes del mundo. Consulte a su librero 0 dirijase a: Naciones Unidas, Secci6n de Ventas, Nueva York 0 Ginebra.
Printed at United Nations, Geneva 04500P United Nations publication GE.85-12158 Sales No. E.85.XIV.8 February 1988-3,585 ISBN 92-1-154055-0 ISSN 0251-6519