E/S265 E/CN.4/1127
COMMISSION ON HUMAN RIGHTS REPORT ON THE TWENTY-NINTH SESSION (26 February-6 April 1973)
ECONOMIC AND SOCIAL COUNCIL OFFICIAL RECORDS: FIFTY-FOURTH SESSION
SUPPLEMENT No. 6
UNITED NATIONS COMMISSION ON HUMAN RIGHTS REPORT ON THE TWENTY-NINTH SESSION (26 February-6 April 1973)
ECONOMIC AND SOCIAL COUNCIL OFFICIAL RECORDS; FIFTY-FOURTH SESSION
SUPPLEMENT No. 6
UNITED NATIONS New York, 1973 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.
E/5265 E/CN.4/1127 CONTENTS
Page
Abbreviations ...... xi
Chapter Paragraphs
I. ORGANIZATION OF THE SESSION 1-12 1
A. Opening" and duration of the session ...... 1-2 1
B. Attendance . 3 1
C. Election of officers 4 1
D. Agenda 5-6 1
E. Meetings, resolutions and documentation .... 7-10 2
F. Observance of the International Bay for the Elimination of Racial Discrimination ..... 11 2
G. Organization of work . 12 2
II. TELEGRAM TO THE GOVERNMENT OF ISRAEL ...... 13-20 3
III. STATEMENTS CONCERNING RECENT EVENTS IN KHARTOUM . . 21-25 5
IV, ELIMINATION OF RACIAL DISCRIMINATION 26-78 6"
A. Continued international action to combat racism and racial discrimination 26-56 6 B. Draft convention on the suppression and punishment of the crime of apartheid 57-78 11
V. EXPLOITATION OF LABOUR THROUGH ILLICIT AND CLANDESTINE TRAFFICKING 79 - 100 14
VÏs. QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE TERRITORIES OCCUPIED AS A RESULT OF HOSTILITIES m THE MIDDLE EAST 101-123 19
VII. REPORTS AND STUDIES OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES; AND IMPLEMENTATION OF UNITED NATIONS RESOLUTIONS RELATING TO THE RIGHT OF PEOPLES UNDER COLONIAL AND ALIEN DOMINATION TO SELF-DETERMINATION 124 - 190 24
A. Draft principles relating to equality in the administration of justice 127 - 155 24
-iii- CONTENTS'(continued)
Chapter Paragraphs Page
Be Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights ...... 136 - 144 26
C. Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of that right ...... 145 - 15& 27
D. Study of discrimination against persons born out of wedlock, and draft general principles on equality and non-discrimination in respect of such persons ...... 157 - 164 30
E. Reports of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its twenty-fourth and twenty-fifth sessions . 165 - 190 31
1. Further studies on racial discrimination . 166 - 168 31
2. The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live ...... 169 - 175 32
3. Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self- determination ...... 176 - 184 33
4. Reports of the twenty-fourth and twenty- fifth sessions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities ...... I85 - 190 34
VIII. QUESTION OF THE PUNISHMENT OF WAR CRIMINALS AND OF PERSONS WHO HAVE COMMITTED CRIMES AGAINST HUMANITY . 191 - 206 35
IX. QUESTION OF THE REALIZATION OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTAINED IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND IN THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND THE STUDY OF SPECIAL PROBLEMS RELATING TO HUMAN RIGHTS IN DEVELOPING COUNTRIES ...... 207-229 38
-iv- CONTENTS (continuecl)
Chapter Paragraphs Page
X. QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS INCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION AND OF APARTHEID, IN ALL COUNTRIES, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES ...... 230 - 271 42
A. Report of the Ad Hoc Working Group of Experts prepared in accordance with Commission resolution 7 (XXVIl) ...... 255 - 257 42
B. Study of situations which reveal a consistent pattern of gross violations of human rights, as provided in Commission resolution 8 (XXIIl) and Economic and Social Council resolutions 1235 (XLII) and 1503 (XLVIIl) ...... 258 - 265 45 C. Model rules of procedure for United Nations bodies dealing with violations of human rights 266 - 271 46
XI. THE ROLE OF YOUTH IN THE PROMOTION AND THE PROTECTION OF HUMAN RIGHTS ...... 272 - 288 48
A. The question of conscientious objection to military service 275 - 281 48 B. Teaching of human rights in universities;, and development of an independent scientific discipline of human rights .... 282 - 288 49 XII. HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS 289 " 296 51 XIII. REVIEW OF THE HUMAN RIGHTS PROGRAMME, ESTABLISHMENT OF PRIORITIES AND CONTROL AND LIMITATION OF DOCUMENTATION ...... 297 - 313 52
XIV. PERIODIC REPORTS ON HUMAN RIGHTS ...... 314 - 321 54
XV. ADVISORY SERVICES IN THE FIELD OF HUMAN RIGHTS . . . 322 - 325 56
XVI. FURTHER PROMOTION AND ENCOURAGEMENT OF RESPECT FOR HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ..... 326 - 328 56
XVII, ELECTION TO FILL TWO VACANCIES IN THE MEMBERSHIP OF THE SUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES ...... 329 - 354 57
XVIII. COMMUNICATIONS CONCERNING HUMAN RIGHTS ...... 335 58
-V- CONTENTS (continued)
Chapter Paragraphs Page
XIX. ADOPTION OP THE REPORT ...... 336 58
XX. RESOLUTIONS AND OTHER DECISIONS ADOPTED BY THE
COMMISSION AT ITS TWENTY-NINTH SESSION 59
A. Resolutions
1 (XXIX). Draft programme for a decade for action to combat racism and racial discrimination 59 2 (XXIX). Activities of non-governmental organizations to combat racism and racial discrimination ... 68 3 (XXIX). Exploitation of labour through illicit and clandestine trafficking 68
4 (XXIX). Question of the violation of human rights in the territories occupied as a result of hostilities in the Middle East 68
5 (XXIX). Draft principles relating to equality in the administration of justice 70
6 (XXIX). Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights ..... 70
7 (XXIX). Study of discrimination against persons born out of wedlock and non-discrimination in respect of such persons 71
8 (XXIX). The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live 71
-vi- CONTENTS (continued)
Chapter Page
9 (XXIX). Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self- determination ...... 71
10 (XXIX) The historical and current development of the right to self-determination on the basis of the Charter of the United Nations and other instruments adopted by- United Nations organs with particular reference to the promotion and protection of human rights and fundamental freedoms . . 72
11 (XXIX). Reports of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its twenty-fourth and twenty-fifth sessions ...... 73 12 (XXIX) Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of 73 13 (XXIX) Question of the punishment of war criminals and of persons who have committed crimes against humanity . 74 14 (XXIX) Questions of the realization of the economic, social, and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and the study of special problems relating to human rights in developing countries . 74
15 (XXIX), Model rules of procedure for United Nattions Bodies dealing with violations of human rights 75
16 (XXIX), Draft convention on the suppression and punishment of the crime of apartheid .... 75
17 (xxix). Teaching of human rights in universities and development of an independent scientific discipline of human rights . . . 81
-vii- CONTENTS (continued) er 18 (XXIX). Letter from the permanent representative of Portugal to the United Nations Office at Geneva concerning the report of the Ad Hoc Working Group of Experts to the Commission on Human Eights at its twenty-ninth session ......
19 (XXIX). Report of the Ad Hoc Working Group of Experts ......
20 (XXIX). Periodicity of the sessions of the Commission on Human Rights and its subsidiary bodies ......
21 (XXIX). Yearbook on Human Rights ......
22 (XXIX). Rationalization and improvement of the system of periodic reports on human rights ......
23 (XXIX). Periodic reports on human rights relating to freedom of information ......
24 (XXIX). Periodic reports on human rights respectin
civil and political rights ......
B. Other decisions
1. Telegram to be sent to the Government of Israel . . .
2. Postponement of items on the agenda ......
3. Further studies on racial discrimination ......
4. Composition of the Ad Hoc Working Group of Experts . . 5. Election of two members of the Sub-Commission on Prevention of Discrimination and Protection of Minorities ......
DRAFT RESOLUTIONS AND DECISIONS FOR ACTION BY, AND OTHER MATTERS OF CONCERN TO, THE ECONOMIC AND SOCIAL COUNCIL ......
A. Draft resolutions
I. Activities of non-governmental organizations to combat racism and racial discrimination ......
-viii- CONTENTS (continued)
Chapter Page
II. Exploitation of labour through illicit and clandestine trafficking ...... 94.
III. Draft principles relating to equality in the administration of justice ...... 95
IV. Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights . . 96
V. Study of discrimination against persons born out of wedlock and non-discrimination in respect of such
VI. The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live ...... 98
VII. Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of that right ...... 99
VIII. Question of the punishment of war criminals a,nd of persons who have committed crimes against humanity . . . ]_00
IX. Question of the realization of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and in the study of special problems relating to human rights in developing countries ...... 1Q2
X. Draft convention on the suppression and punishment
of the crime of apartheid ]_0^
XI. Yearbook on Human Rights ...... 103
XII. Report of the Commission on Human Rights ...... 105 B. Decisions for action by and other matters of concern to the Economic and Social Council
1. Draft programme for a decade for action to combat racism and racial discrimination IO5
2. Further studies on racial discrimination ...... 105
-ix- CONTENTS (continued)
Chapter Page
3» Teaching of human rights in universities, and development of an independent scientific discipline
of human rights . 105
4. Report of the Ad Hoc Working Group of Experts ..... 106
5. Periodicity of the sessions of the Commission on Human Rights and its subsidiary bodies 106 6. Rationalization and improvement of the system of periodic reports on human rights 107 7. Periodic reports on human rights, on civil and
political rights ...... 107
ANNEXES
I. Attendance ...... ICS
II. Agenda of the twenty-ninth session of the Commission ...... 112
III. Financial implications of resolutions and decisions adopted by the Commission at its twenty-ninth session ...... 115 IV. List of documents before the Commission at its twenty-ninth session ...... 131
-x- ABBREVIATIONS
ECA Economic Commission for Africa
ECAFE Economic Commission for Asia and the Par East
ECE Economic Commission for Europe
ECLA Economic Commission for Latin America
PAO Pood and Agriculture Organization of the United Nations
IBRD International Bank for Reconstruction and Development
ILO International Labour Organisation
OAS Organization of American States
UNESCO United Nations Educational, Scientific and Cultural Organization
-xi- I. ORGANIZATION OP THE SESSION
A. Opening and duration of the session
1. The Commission on Human Rights held its twenty-ninth session at the United Nations Office at Geneva from 26 February to 6 April 1973•
2. The session was opened (1186th meeting) by Miss Maria Lavalle Urbina (Mexico), a Vice-Chairman of the Commission at its twenty-eighth session, who made a statement.
B. Attendance
3. The session was attended by representatives of all States members of the Commission, by observers for 24 Member States not members of the Commission and by representatives of specialized agencies, regional intergovernmental organizations and non-governmental organizations. A list of those attending is given In annex I below.
C. Election of officers
4. At its 1186th and 1187th meetings, on 26 February 1973? 'the Commission elected the following officers by acclamation;
Chairman: Mr. Radha Krishna Ramphul (Mauritius) Vice-Chairmen: Mr. Felix Ermacora (Austria) Mr. Luben Pentchev (Bulgaria) Mrs. Leela Damodara Menon (India) Rapporteur; Miss Esther Meneses (Venezuela)
D. Agenda
5- The Commission had before it the provisional agenda for the twenty-ninth sessxon (E/CN.4/HO6 and Add.l and Add.l/C orr.l) drawn up by the Secretary- General in accordance with rule 5 of the rules of procedure of the functional commissions of the Economic and Social Council.
6. At its 1186th meeting, held on 26 February 1973? 'the Commission agreed to adopt the provisional agenda (E/CN.4/1IO6) as the agenda of its session. At the 1206th meeting, held on 12 March 1973s "the Commission agreed, in accordance with rule 10 of the rules of procedure, to revise item 23 of its agenda so that it would deal with the filling of two vacancies instead of one in the membership of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. The text of the agenda is given in annex II below.
-1- E. Meetings, resolutions and documentation
7. The Commission held 57 meetings. The views expressed at those meetings are summarized in the records of the 1186th to 1242nd meetings (E/CN.4/SR.II86 - 1242).
8. The resolutions and other decisions adopted "by the Commission at its twenty-ninth session are contained in chapter XX of the present report.
9. Draft resolutions and decisions for action by, and other matters of concern to the Economic and Social Council are set out in chapter XXI.
10. Annex III to this report refers to the statements of financial implications of certain decisions. Annex IV contains a list of the documents submitted for the Commission's consideration.
P. Observance of the International Day for the Elimination of Racial Discrimination
11. On Wednesday 21 March 1973? the Commission devoted its 1219th meeting to the observance of the International Day for the Elimination of Racial Discrimination. Speeches were made by the Chairman and representatives of the various regional groups of States in the Commission on Human Rights. A statement was also made by the Under-Secretary-General for Political and General Assembly Affairs, who also transmitted the message from the Secretary-General issued on the occasion of the Day.
G. Organization of work
12. At its 1189th meeting, on 27 February 1973» Commission agreed upon the following order of consideration of agenda items: Item 4 and the relevant draft resolution under item 9 (e); item 5> item 6; item 9? item 8; item 10 and the relevant draft resolution under item 9 (e)» item 17; item 7> item 13 and the relevant draft resolution under item 9 (e); items 12 and 14; item 11; items 19» 20, 22 and 23. It also allotted a tentative number of meetings for the discussion of these items and postponed to its thirtieth session agenda items 15, 16, 18 and 21 (see chapter XX, section B, decision 2).
-2- II. TELEGRAM TO THE GOVERNMENT OF ISRAEL lj. At the 1186th meeting of the Commission, held on 26 February 1973s representative of Pakistan, referring to the downing of a Libyan airline commercial aircraft by the Israeli Air Force, proposed that, as had been done previously in such tragic cases, a telegram be despatched to the Government of Israel reading as follows:
"The United Nations Commission on Human Rights is extremely distressed that, on 21 February last, the Israeli Air Force shot down a Libyan airline commercial aircraft. This cruel and unjustifiable act caused death of over one hundred innocent civilians, including many women and children, nationals of a number of States. The Commission condemns this massacre of innocents by Israel, calls upon the Government of Israel to desist from such inhuman acts in future and to respect and implement canons of civilized and humanitarian behaviour among peoples and States. Also, the Commission once again calls upon the Government of Israel to abide scrupulously by its obligations under the relevant international humanitarian instruments".
14. At the same meeting, the Chairman announced that the League of Arab States had sent a telegram to the Commission drawing its attention to the shooting down of the Libyan airline commercial aircraft.
15. The Commission deplored the shooting down of a commercial aircraft which caused the loss of innocent human lives and expressed its condolences to the Governments of Libya and Egypt 1 several representatives expressed their deep indignation at this unjustifiable act. They pointed out that the Commission on Human Rights was undoubtedly competent to deal with such a gross violation of human rights and should therefore not remain silent.
16. Some other representatives, while referring to the official position of their Governments, which deeply regretted the loss of lives of innocent persons and deplored the incident, thought, however, that the Commission was not the appropriate body to deal with the question and that the text of the telegram might imply prejudging the issue.
17. The observer for Israel stated that the Commission was not competent to deal with any aspect of the incident. He referred to an official statement issued by his Government expressing regret for the incident, stating its readiness to enable international bodies found competent to do so to receive the information available to Israel concerning the interception of the aircraft and its willingness to pay compensation to the families of the victims ex gratia, without admitting any liability.
-3- 18. At the 1187th meeting, the representative of Chile proposed the deletion of the words "by Israel" and "to desist from such inhuman acts in future and" from the proposed text. These changes were accepted by the representative of Pakistan.
19. At its 1188th meeting, the Commission decided without a vote to send the text of the telegram as revised, on the understanding that the statements of views and reservations made in the course of the discussion would be duly reflected in the summary records.
20. For the final text of the telegram, see chapter XX, section B, decision 1.
-4- III. STATEMENTS CONCERNING RECENT EVENTS IN KHARTOUM
21. At the 1195th meeting of the Commission, held on 5 March 1973? statements were made by a number of representatives concerning acts of violence committed against members of diplomatic missions in Khartoum, which resulted in the death of three members of the diplomatic corps.
22. It was pointed out by one representative that this latest example of wanton disregard for innocent life perpetrated by terrorists operating across national frontiers constituted an outrage to humanity. He stressed that they were of a kind which should cause the gravest concern to the international community and that effective punishment should be meted out to the perpetrators. He urged that all nations condemn the assassination of the diplomats and take a firm stand against the menace of international terrorism.
23. Members of the Commission deplored the violent action carried out against members of diplomatic missions in Khartoum. They expressed their condolences to the families of the victims and to the Governments of Belgium and the United States of America. Sympathy was also extended to the Governments of Jordan, Saudi Arabia and Sudan. It was emphasized that in spite of situations of conflict it was indispensable that humanitarian law should be respected in all circumstances. It was further stated that such acts did not contribute to the solution of problems. Several representatives, while expressing their profound sorrow for the tragedy, pointed out that the incident was a consequence of the conditions prevailing in the Middle East, where peace based on United Nations resolutions should be urgently sought.
24. The Chairman, on behalf of the Commission, conveyed to the representative of the United States of America and the observer for Belgium the Commission's condolences to the families of the victims. He also expressed satisfaction at the release, unharmed, of the diplomats of Jordan and Saudi Arabia, and sympathy for the Government of Sudan. He stated his hope that every step would be taken to avoid the recurrence of such acts, which jeopardized international relations, the quest for peace and human rights.
25. On the proposal of the Chairman, the members of the Commission observed a minute of silence in tribute to the memory of the victims of the events in Khartoum.
-5- IV, ELIMINATION OF RACIAL DISCRIMINATION
A. Continued international action to combat racism and racial discrimination
26. The Commission considered agenda item 4 (a) at its 1190th to 1195th meetings held from 28 February to 5 March at its 1197th meeting on 6 March, at its 1200th to 1204th meetings from 7 to 9 March, and at its 1206th meeting on 12 March 1973.
27- In the preamble to resolution 2784 (XXVl) of 6 December 1971? "the General Assembly declared that the International Year for Action to Combat Racism and Racial Discrimination should be observed as the opening year of an era of an ever-growing' struggle against racial discrimination in all its forms and manifestations. In section I, paragraph 3? of the resolution, the General Assembly invited the Economic and Social Council to request the Commission on Human Rights, bearing' in mind the provisions of paragraph 2 of section I of the resolution to submit suggestions with a view to launching continued international action to combat racism on the basis of a "decade for vigorous and continued mobilization against racism and racial discrimination in all its forms". In resolution 1 (XXVIIl), the Commission on Human Rights requested the Sub-Commission on Prevention of Discrimination and Protection of Minorities, at its next session, and as its first priority, urgently to prepare suggestions and draw up a draft programme to be followed during the envisaged "decade for action to combat racism and racial discrimination" and to submit its suggestions and draft programme to the Commission at its twenty-ninth session. The Commission also drew the attention of the Sub-Commission to a number of points to be considered as guidelines in the preparation of the draft programme. In its resolution 3 (XXV), the Sub-Commission submitted to the Commission a draft programme (E/CN.4/1IOI, chap. XIV, resolution 3 (XXV), annex).
28. By resolution 2919 (XXVIl), adopted on 15 November 1972, the General Assembly decided to launch the Decade for Action to Combat Racism and Racial Discrimination and to inaugurate the activities thereof on 10 December 1973? "the twenty-fifth anniversary of the Universal Declaration of Human Rights. The Assembly therefore invited the Economic and Social Council to request the Commission on Human Rights to give the "highest priority" to the consideration of the draft programme for the Decade and to submit it to the General Assembly at its twenty-eighth session for final consideration.
29. Agenda item 4 (a) was introduced at the 1190th meeting by the Director of the Division of Human Rights, who drew the attention of the Commission in particular to General Assembly resolution 2919 (XXVIl) and to Sub-Commission resolution 3 (XXV), in which the Sub-Commission submitted to the Commission a draft programme for the Decade.
30. The Commission had before it a note by the Secretary-General (E/5237 and Add.l and 2) containing the substance of pertinent information from replies received by the Secretary-General from non-governmental organizations in pursuance of Economic and Social Council resolutions 1588 (l) and 1591 (l)? a report by the Secretary-General on the implementation of resolution VII of the International Conference on Human Rights, entitled "Establishment of a new, additional United Nations programme on racial discrimination" (E/CN.4/HO5) and the
-6- report of the Third Committee to the General Assembly at its twenty-eighth session summarizing the proceedings of the Committee on the item entitled "Elimination of all Forms of racial discrimination" (A/8880 l/).
31. The Commission heard statements by the observers for Israel (ll93rd meeting), Jamaica (ll94th meeting) and the Syrian Arab Republic (1195th meeting). The representative of Iraq spoke in exercise of the right of reply (ll94th meeting).
32. The Commission heard statements by the representatives of the International Labour Organisation (l!92nd meeting) and the United Nations Educational, Scientific and Cultural Organization (ll91st, 1192nd and 1203rd meetings). The Commission also heard statements by the representatives of two non-governmental organizations in consultative status, namely the World Jewish Congress (ll95th meeting) and the Commission of the Churches on International Affairs (l203rd meeting).
33» It was generally agreed that, although the United Nations during the last 25 years had undertaken, for the purpose of combating racism, many activities and adopted many resolutions and instruments, the elimination of racial discrimination and racism continued to be one of the tasks of highest priority confronting the United Nations. It was, therefore, stressed that there was urgent need for more vigorous and continued action at the national, as well as the international level, to combat these evils.
34« Several representatives pointed out that racial discrimination was an age-old problem and that such an ancient scourge could not be expected to disappear overnight. It was further stated that racial discrimination was to be found in many forms in many countries of the world but most of these were social accidents and not the consequences of official policiesi however, there was one common reason in those phenomena; the exploitation of man by man, of one group by another, or of a whole people by a minority group. Of all the forms of racism, the most detestable was the abhorrent official policy of apartheid prevailing in southern Africa.
35• Some representatives, analysing the causes and characteristics of apartheid and racial discrimination, took the view that they were one aspect, and a vestige, of colonialism. According to them, this problem was not only racial but also social. It was a case of exploitation of the poor by the rich, to the profit of capitalist monopolies which made use of the cheap labour put at their disposal by the system. It was further stated by some representatives that, while the overwhelming majority of countries denounced apartheid, there were still some States which supported it covertly or openly, with the result that many United Nations resolutions continued to remain unimplemented. It was also their belief that the racist régimes in South Africa, Southern Rhodesia and Portugal would not be able to defy the rest of the world with impunity if they could not rely on the support and complicity of some countries. Some other representatives pointed out, however, that racial discrimination was not merely a matter of black and white confrontation and that new forms of discrimination or the resurgence of old forms, based on race or some combination of racial and other elements, were prevalent in both developed and developing countries.
l/ Official Records of the General Assembly, Twenty-seventh Session, Annexes, agenda item 50*
-7- 36. The view was expressed that the aims of the international community- to achieve peace and security, co-existence and friendly relations and co-operation among States could not be achieved as long as certain States failed to fulfil their responsibilities in combating racism and racial discrimination, irrespective of all considerations.
1. Decade for Action to Combat Racism and Racial Discrimination
37- Many representatives commended the Sub-Commission on Prevention of Discrimination and Protection of Minorities for the draft programme it had prepared for the Decade. They believed that the draft programme had set forth precise objectives and proposed the application of appropriate measures. However, it was felt that the draft could still be improved and that some details should be worked out, taking into account the views expressed in the General Assembly at its twenty-seventh session.
38. It was emphasized that the programme for the Decade should not be too narrow in scope, nor repeat previous action, since the objective was to give new impetus to the efforts undertaken by the United Nations in that sphere. It was further emphasized that the principal goal should be to ensure that future generations would be protected from the evils of racism by the total eradication of false ideologies.
39» Several representatives underlined the predominant role of education and the mass media in mobilizing public opinion and in awakening its conscience, in order to ensure the effective implementation of all measures envisaged for the Decade and to eradicate the shameful manifestations of racism. It was further stressed that special attention should be given to the education of children and also to the preparation of appropriate publications and programmes for children and youth; in addition, mention was made of the need to prepare national legislation prohibiting' racism and propaganda in support of it and providing penal sanctions against manifestations of it.
40. Other representatives emphasized that it was necessary to adopt decisive and effective measures against racial discrimination, in order fully to eradicate these shameful manifestations of our time,.
41. Many representatives supported the proposal to convene an international conference on action to combat racism and racial discrimination and believed that the conference should be a major feature of the Decade and should be held as early as possible during the Decade. They also emphasized that the conference should be action-oriented and that its main theme should be the adoption of ways and means for securing the universal implementation of United Nations resolutions on racial discrimination, and also adherence to and ratification and enforcement of instruments on human rights. However, some representatives expressed doubts about the proposal to convene an international conference. Some of these representatives thought that it might be more useful to organize, preferably at the regional level, seminars which would concentrate on the problems of special relevance and interest to certain regions. They also believed that such seminars, to be most effective, should be attended by persons from different walks of life and in particular by those who were themselves victims of racism or in direct contact with such victims, and would thus be in a position to provide valuable information.
-8- 42. Several representatives supported the idea of setting up an international fund for the liberation movements struggling against racism and apartheid and suggested that this fund should not be financed only by Governments, but also by organizations and private individuals. Some representatives, however, pointed out that there were already a number of funds for various purposes and that it would be advisable to define the relationship between the new fund and the existing funds. It would also be necessary to indicate the precise purposes for which the proposed fund was intended. However, there was general agreement that this matter required further careful examination.
43- Many representatives believed that all programmes and activities pertaining to the Decade should be co-ordinated by workable and practical machinery. It was observed in this connexion that the Economic and Social Council was already overburdened with other tasks and that some of the programmes and activities would go beyond its sphere of competence; a special committee to be appointed by the General Assembly should therefore be responsible for co-ordinating the programmes and evaluating the activities for the Decade.
44* However, some other representatives pointed out that the Economic and Social Council should be the organ responsible for co-ordination, because of the specific functions in the field of human rights conferred upon the Council by the Charter of the United Nations. Reference was also made to Economic and Social Council resolution 1730 (LIIl), by which the Council established a Working Group to study the question of the rationalization of the work of the Council and its subsidiary bodies, and decided to refrain from creating any new subsidiary organs until the accomplishment of the mandate of the Working Group. It was further stated that the creation of a new organ for co-ordination would involve additional expenses. Some representatives therefore reserved their position on this aspect of the draft programme.
45« Many representatives commended the work being' done to combat racism and racial discrimination by IL0, UNESCO and other international organizations. The important role that these organizations would play in carrying out the objectives of the Decade was emphasized; it would, therefore, be necessary to co-ordinate their work at all stages of the Decade.
46. At the 1200th meeting on 7 March 1973» the representatives of Chile, Egypt, Ghana, India, Mauritius, Pakistan, the Philippines, Romania, Senegal, the United Republic of Tanzania and Zaire submitted a draft resolution (E/CN.4/L.1228) relating to the programme for the Decade for Action to Combat Racism and Racial Discrimination.
47• Oral amendments were submitted by Austria, France, Italy, the United Kingdom of Great Britain and Northern Ireland, the United States of America and Venezuela.
48. At the 1201st meeting, on 8 March 1973> the representative of the Secretary- General indicated that in view of the scope and duration of the programme envisaged for the Decade additional resources would be necessary and he made a statement concerning the preliminary financial implications of the draft resolution. A statement of financial implications was subsequently issue d (E/CN.4/L.1233).
-9- 49- At the 1203rd meeting, on 9 March 1973? "the sponsors orally revised the draft resolution, incorporating the oral amendments proposed thereto. The Commission then adopted the draft resolution as orally revised without a vote. Some representatives made reservations; they may be found in the summary records of the 1201st to 1203rd meetings (E/CN.4/SE.1201-1203).
50. For the text of the resolution, see chapter XX, resolution 1 (XXIX), below.
2. Activities of non-governmental organizations to combat racism and racial di s criminat i on
51. Some representatives stressed the importance of the communications that non-governmental organizations in consultative status with the Economic and Social Council with special interest in the elimination of racism and racial discrimination had been invited to submit on their endeavours and progress in the struggle against racism, apartheid and racial discrimination, especially in southern Africa, pursuant to Council resolutions 1588 (L) and 1591 (L)? and noted that those organizations had an important role to play in that field. It was pointed out that because these organizations were in direct contact with peoples and communities they would be able to participate effectively in the campaign against racism and apartheid. Some other representatives, while supporting the view that non-governmental organizations contributed and could further contribute to the efforts to eradicate racism, were somewhat disappointed to observe that very few non-governmental organizations had in fact responded to the invitation of the Council, as could be seen from the information contained in the note by the Secretary-General (E/5237 and Add.l and 2).
52. It was further suggested by some representatives that non-governmental organizations with special interest in the elimination of racism might elaborate their own definite programmes for the Decade, taking' care to co-ordinate those programmes with the relevant activities of the United Nations. It was stated that the role of the non-governmental organizations in the programme needed to be fully spelt out, preferably before its adoption by the General Assembly at its twenty-eighth session. The suggestion was made that the Council Committee on Non-Governmental Organizations might take advantage of its regular meetings during the fifty-fourth session of the Economic and Social Council to draw up appropriate recommendations to that effect.
53- At the 1202nd meeting, on 8 March 1973? the representatives of Ghana, India, Pakistan, Philippines, Senegal, Turkey and the United Republic of Tanzania, joined by Mauritius, and subsequently Mexico and Nigeria, submitted a draft resolution relating to the activities of non-governmental organizations to combat racism and racial discrimination (E/CN.4/L.1229).
54. At the 1204th meeting, on 9 March 1973? the representative of Egypt proposed an oral amendment, which was subsequently incorporated in the draft resolution by the sponsors.
55. At the same meeting, the Commission adopted draft resolution E/CN.4/L.I229, as orally amended, without a vote.
56. For the text of the resolution, see chapter XX, resolution 2 (XXIX), below.
-10- B. Draft convention on the suppression and punishment of the crime of apartheid
57. The Commission considered agenda item 4 (b) at its 1196th to 1199th meetings held from 5 to 7 March, at its 1202nd meeting on 8 March, at its 1206th meeting on 12 March and at its 1235th meeting on 2 April 1973•
58. At its twenty-seventh session, the General Assembly adopted resolution 2922 (XXVIl) entitled "Draft Convention on the Suppression and Punishment of the Crime of Apartheid", in which it invited the Economic and Social Council to request the Commission on Human Rights to consider at its twenty-ninth session, as an item of priority, the revised draft convention and the amendments thereto and to submit the results of its consideration thereon to the General Assembly at its twenty-eighth session. The Assembly also requested the Secretary-General to transmit to the Special Committee on Apartheid and to States the revised draft convention and the amendments thereto for their comments and views. On 10 January 1973s the Council transmitted General Assembly resolution 2922 (XXVIl) to the Commission on Human Rights and requested the Commission to submit the results of its consideration thereof to the General Assembly at its twenty-eighth session.
59» The Commission had before it the text of the revised draft convention on the suppression and punishment of the crime of apartheid submitted by Guinea, Nigeria and the Union of Soviet Socialist Republics (A/8880, para. 42), the amendments thereto submitted by Egypt (ibid., para. 43) and comments received from 29 States pursuant to resolution 4 (XXVIIl) of the Commission on Human Rights and resolution 2922 (XXVIl) of the General Assembly (A/8768 and Add.l and E/CN.4/1123 and Add.1-6).
60. Written amendments to the revised draft convention on the suppression and punishment of the crime of apartheid were submitted by the Netherlands (E/CN.4/L.1230), Chile and the Philippines (E/CN.4/L.I231), Chile (E/CN.4/L.I232) and the Philippines (E/CN.4/L.I234 and E/CN.4/L.1238).
61. The Commission heard statements by the representative of the World Federation of Trade Unions (ll97th meeting) and by the representative of the Commission of the Churches for International Affairs (ll98th meeting), non-governmental organizations in consultative status.
62. During a general debate, many representatives called for approval by the Commission of the revised draft convention and pointed out that the Commission had been given a clear mandate by the General Assembly to consider and submit the text of the draft convention on the suppression and punishment of the crime of apartheid to the Assembly at its twenty-eighth session. They expressed strong support for the speedy adoption of the draft convention, in view of the continuing crimes of apartheid which were being perpetrated against the African population by racist régimes in southern Africa and of the extension of policies and practices of apartheid to other territories.
63. Some representatives pointed out that the adoption of a new international instrument to combat one of the most flagrant violations of fundamental human rights and freedoms would supplement and strengthen existing international instruments such as the Convention on the Prevention and Punishment of the Crime
-11- of Genocide-/ and the International Convention on the Elimination of All Forms of Racial Discrimination (General Assembly resolution 2106 A (XX), annex); it would be an important contribution to the struggle against apartheid and to the Decade for Action to Combat Racism and Racial Discrimination.
64. The view was also expressed that the adoption of a convention defining apartheid as a crime against humanity, determining responsibility and providing for penalties would be an important step in the development of international penal law.
65. Some representatives, however, maintained that the General Assembly, in its resolutions 2786 (XXVl) and 2922 (XXVIl), requested the Commission on Human Rights to submit to the Assembly not the text of a draft convention on the suppression and punishment of the crime of apartheid but only the results of its consideration thereof. They had certain reservations concerning the revised draft convention as a whole and the advisability of drafting a separate international instrument dealing' with apartheid. In this connexion, reference was made to the fact that the drawing up and enforcement of rules of international law dealing with the crime of apartheid could hardly be effective without the formulation of a code of international penal law under which crimes against humanity could be defined and without the establishment of an international criminal jurisdiction.
66. Some representatives were of the opinion that the adoption of a new international Instrument dealing with apartheid might weaken the existing instruments and would in practice add nothing to the protection against racial discrimination and apartheid already provided for in such international instruments as the International Convention on the Elimination of All Forms of Racial Discrimination. They underlined the need, whenever an international instrument dealing with apartheid was to be drafted, for careful and detailed elaboration in order to avoid any ambiguities. They also referred to the fact that only a small number of States had replied to the request for comments, and that some of those replying had made reservations on certain articles of the revised draft convention.
67. Regarding the implementation machinery of the draft convention, two different systems were proposed. One opinion, which was embodied in the revised draft convention submitted by Guinea, Nigeria and the Union of Soviet Socialist Republics, was that the Commission on Human Rights should be entrusted with the implementation of the convention. According to other views, reflected in the amendments of Egypt to the revised draft convention, a special committee should be established for the purpose of implementation.
68. At its 1202nd meeting, on 8 March 1973? the Commission agreed to set up a working group to consider the revised draft convention and the amendments submitted thereto, as well as the written comments received from Governments and written amendments submitted by the members of the Commission at the current session. The Working Group was invited to submit to the Commission such draft provisions of the draft Convention as it was able to agree upon.
2/ United Nations, Treaty Series, vol. 78 (1951), No. 1021, p.277-
-12- 69. The composition of the Group was as follows; Bulgaria, Chile, Ecuador, Egypt, India, Philippines, Senegal, the Union of Soviet Socialist Republics and Zaire. The meetings of the Group were open to all members of the Commission.
70. The representatives of Austria and the Netherlands attended meetings of the Group as observers. They stated that their participation in an observer capacity would in no manner prejudice the position of their delegations with respect to the draft convention in plenary meetings of the Commission or in the other organs of the United Nations.
71. The Group held 10 meetings, all held prior to the opening of the regular meetings of the Commission.
72. During1 the consideration in the Working Group of the revised draft convention and the amendments thereto, the representative of Egypt did not insist on all the amendments of his delegation as contained in paragraph 43 of the report of the Third Committee of the General Assembly, on the understanding that it would not prejudice the position of his delegation with respect to these articles and its right to reintroduce the Egyptian amendments at a later stage.
73» Having considered the revised draft convention and amendments presented to it, the Working Group agreed on 17 articles for inclusion in the draft convention. The Group decided not to consider an article on the implementation of the convention, owing' to lack of time and because some members believed that there should be specific directives from the Commission on the nature of the implementation machinery.
74« At the 1235"fch meeting' of the Commission, on 2 April 1973* "the representative of Chile introduced the report of the Working Group (E/CN.4/L.I252) and a draft resolution (E/CN.4/L.1259) which was also sponsored by Bulgaria, the Byelorussian SSR, India, Mauritius, Nigeria, the Philippines, Romania, Senegal, the USSR, the United Republic of Tanzania and Zaire.
75* Many representatives commended the report submitted by the Working Group and pointed out that the Group had significantly improved the text of the draft convention. Other representatives, welcoming the report of the Working' Group as a step towards the improvement of the text of the draft convention, reiterated their position regarding' the inadvisability of the adoption of a convention on the suppression and punishment of apartheid.
76. Reference was also made by some representatives to the fact that the Commission at its present session did not have time to discuss the new text of the draft convention submitted by the Working Group.
77» The voting took place at the same meeting. Draft resolution E/CN.4/L.1259, as orally revised, was adopted by 21 votes to 2, with 5 abstentions.
78. For the text of the resolution, see chapter XX, resolution 16 (XXIX). V. EXPLOITATION OP LABOUR THROUGH ILLICIT AND CLANDESTINE TRAFFICKING
79- The Commission considered agenda item 5 at its 1204th, 1205th, 1206th and 1208th meetings on 9, 12 and 13 March 1973-
80. In connexion with this item the Commission had before it a note by the Secretary-General (E/CN.4/HO7) describing the action taken by the Economic and Social Council and the General Assembly which led to the item being included in the agenda of the Commission. The Economic and Social Council, in its resolution 1706 (LIIl) of 28 July 1972, had noted with alarm and indignation reports of incidents involving the illegal transportation, organized or undertaken by criminal elements, to some European countries and the exploitation of workers from some African countries in conditions akin to slavery and forced labour. In the resolution, the Council appealed to Governments concerned to take all necessary action or to intensify their efforts to apprehend and bring to justice those responsible for such malpractices, and further appealed to those Governments to adopt all necessary measures, including new legislation where necessary, aimed at combating and preventing such malpractices. The Council instructed the Commission to consider the question at its next session and to prepare appropriate recommendations for further action by the Council. The Council also took note of the steps taken by ILO to reinforce its action for the protection of migrant workers and invited it to pursue energetically its examination of the matter, with specific reference to the malpractices condemned in the Council resolution and to report thereon to the Council at an early date. At its twenty-seventh session, the General Assembly, on 15 November 1972 adopted resolution 2920 (XXVII) in which it stated that it was deeply concerned by the de facto discrimination of which foreign workers were the victims in certain countries of Europe and other continents, despite the efforts made by certain Governments, particularly at the legislative level, to prevent and suppress it. It requested Governments of the countries concerned to take action or to supervise the application of measures to put an end to the discriminatory treatment of which migrant workers in their territory were the victims and, particularly, to ensure the improvement of arrangements for receiving such workers. The Assembly recommended that the Commission should consider the question, as provided in Council resolution 1706 (LIIl), as a matter of priority. It invited ILO to continue the studies it had begun on illicit trafficking in foreign labour, which was a form of exploitation, and to strengthen international machinery for the protection of migrant workers. Governments which had not yet done so were also urged to give high priority to the ratification of the ILO Migration for Employment Convention (Revised), 1949 (No.97)».3_/
81. During the debate on this item, the Commission heard statements by the observer for Belgium (1208th meeting) the representative of the International Labour Organisation (1205th meeting) and the representative of the World Federation of Trade Unions, a non-governmental organization in consultative status (1206th meeting).
l/ IL0> Conventions and Recommendations, 1919-1966, Geneva, 1966, Convention No.97? P»743<
-14- 82. During the general debate, members of the Commission noted that two aspects of the agenda item were to be taken into consideration, namely illicit and clandestine trafficking in foreign labour and the discriminatory treatment of foreign and migrant workers in receiving countries. With regard to the first aspect, it was pointed out by some representatives that illicit trafficking in foreign labour could be considered as a form of the slave trade and therefore one of the solutions to this problem would be a vigorous implementation of the existing international instruments on slavery, such as the Supplementary Convention on the Abolition of Slavery and the Slave Trade and Institutions and Practices similar to Slavery of 1956..4./ Some members referred to the two reports prepared by Mr. Mohamed Awad, Special Rapporteur on slavery of the Sub-Commission on Prevention of Discrimination and Protection of Minorities; the Report on Slavery _5_/ and the report on slavery and the slave trade in all their practices and manifestations, including the slavery-like practices of apartheid and colonialism; 6/ in their view, these reports contained valuable recommendations which had a bearing on the question before the Commission.
8J. It was pointed out that illicit trafficking in foreign labour could be reduced by the strict enforcement of penal sanctions; in this connexion, it was noted, however, that in many countries there was no administrative machinery, such as labour exchanges and strict border controls, to regulate the recruitment, immigration and emigration of labour. There was general agreement that the international community could contribute to the suppression of this illicit traffic.
84. While noting that Council resolution 1706 (LIIl) had referred to the illegal trafficking from African countries to European countries, many members stressed that the problem was world-wide, and in support of this contention they referred to the illicit traffic prevailing in some countries of the western hemisphere and of the African continent. It was recognized that the disparity in economic development was a prime factor in the migration of workers from one country to another; the widening gap between developing and developed countries and the "population explosion" in some developing countries contributed to the increase in the number of both illegal and legal foreign workers. It was also stated that colonialization was a cause of under-development and therefore maintained economic disparities between countries; international and bilateral action to promote development and further steps to accelerate decolonization were proposed as means of dealing with the problem of the illicit traffic in foreign labour.
85» Reference was made to the luring of young women and girls into lives of prostituion by false promises of overseas jobs. It was suggested that the Commission on the Status of Women should examine this question.
hj United Nations, Treaty Series, vol.266 (1957), No.5822,p.5.
_5_/ United Nations publication, Sales No.; 67.XIV.2.
6/ E/CN.4/Sub.2/322.
-15- 86. During its discussion of the question of the situation of migrant and
foreign labour in receiving countries9 some members were of the opinion that the agenda item encompassed the question of the human rights of individuals who were non-citizens of the country in which they worked. These members referred to resolution 8 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which recommended that the Commission consider at its current session the problem of the applicability of the present provisions for the international legal protection of the human rights of such individuals. This view was opposed by those members who took the position that, under the mandate given to the Commission by the Economic and Social Council and the General Assembly, the Commission's discussion of the agenda item should be restricted to the question of foreign and migrant labour.
87- The Commission recognized that a thorough consideration of the question of the situation of migrant and foreign workers in their host countries would necessarily be wide-ranging, since it should include matters such as access to trade union membership, remuneration, the right to vote, housing and entitlement to social security benefits. Some of these matters, it was noted, fell within the areas of activities of ILO and UNESCO and therefore the Commission must define its role in its consideration of these questions.
88. Widespread approval was expressed of the work being undertaken by ILO, on the question of migrant labour. It was noted that the Governing Body of the ILO would be considering this question in 1974? with a view to preparing one or more international instruments to strengthen the protection of migrant workers," it was also noted that various studies would be before the Governing Body at that time. Support was expressed for the request of the General Assembly for ratification of the ILO Convention concerning Migration for Employment.
89. It was observed that in many instances foreign workers had professional and technical skills which contributed to the economic development of the receiving countries; in this connexion, reference was made to the "brain-drain" and the need to establish orderly arrangements to ensure that developing countries would retain the skills necessary for their development. It was said that bilateral instruments might be useful in this regard; several representatives pointed out, however, that such instruments might provide for separate treatment for foreign workers and therefore be a pretext for discriminatory practices.
90. Many members noted that the Commission had very little substantive information on which to make recommendations to the Economic and Social Council. It was felt that the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities was the appropriate organ to consider the question of the human rights of foreign workers but that it should avoid duplicating the work at present being done by the ILO and UNESCO on this question.
91. Two proposals were submitted on this agenda item: one by the representative of Ghana calling for a decision by the Commission (E/CN.4/L.I235); the other by the representatives of Austria, Ecuador, Italy, Mexico, the Netherlands and the United Kingdom of Great Britain and Northern Ireland (E/CN.4/L.I236), containing a draft resolution for action by the Economic and Social Council.
-16- 92. The sponsors of draft resolution E/CN.4/L.I236, taking into account the Ghanaian proposal, made the following oral amendments to their text.
(aj To replace the words "individuals who are not citizens of the country in which they work" by the words "migrant and other foreign workers" in the third preambular paragraph of the draft resolution for adoption by the Council;
(b) To redraft the phrase "migrant workers and other non-citizen workers" to read "migrant and other foreign workers" in operative paragraph 2 of the draft resolution for adoption by the Council;
(c_) To replace the words "individuals who are not citizens of the country in which they work" by the words "migrant and other foreign workers" in operative paragraph 3 of the draft resolution for adoption by the Council.
93- The representative of Ghana thereafter withdrew his proposal (E/CN.4/L.1235)°
94- The representative of Senegal made the following oral amendments, which were accepted by the sponsors:
(a) To replace the words "of migrant and other foreign workers" by the words "in respect of foreign workers" in the third preambular paragraph of the draft resolution for adoption by the Council;
(_b) To replace the words "migrant and other foreign workers" by the words "foreign workers" in operative paragraph 3 °-f the draft resolution for adoption by the Council.
95* The representative of Nigeria made an oral proposal, which was accepted by the sponsors, to add the words "and to recommend" before the words "what further measures" in operative paragraph 3 of the draft resolution for adoption by the Council.
96. The representative of India made an oral proposal, which was accepted by the sponsors,to add the following new paragraph 4 after operative paragraph 3 of the draft resolution for adoption by the Council?
"Requests the Commission on the Status of Women to examine the question of the exploitation of the victims of clandestine labour, especially ycung women, and to report to the Economic and Social Council".
97- The sponsors accepted an oral sub-amendment by the representative of Austria to the Indian amendment, to add the words "taking into account in this connexion the discussion in the Commission on Human Rights" after the words "young women".
-17- 98. The representative of Pakistan made an oral proposal, which was accepted by the sponsors, to add the following new paragraph 5 after the new operative paragraph 4°
"Requests Member States to submit to the Secretary-General such material, studies and suggestions as they deem relevant, for transmission to the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Commission on the Status of Women at their next sessions, with reference to paragraphs 3 and 4 above";
99« At its 1208th meeting, the Commission adopted draft resolution E/CÏÏ.^!/L.1236, as orally amended, without a vote.
100. For the text of the resolution, see chapter XX below, resolution 3 (XXIX).
-18- VI. QUESTION OP THE VIOLATION OP HUMAN RIGHTS IN THE TERRITORIES OCCUPIED AS A RESULT OP HOSTILITIES IN THE MIDDLE EAST
101. The Commission considered agenda item 6 at its 1207th to 1211th meetings, held from 13 to 15 March 1973»
102. The Commission heard statements by the observer for the Syrian Arab Republic and the representative of the League of Arab States at its 1209th meeting', and by the observers for Israel and Jordan at its 1210th meeting.
103. In resolution 3 (XXVIIl), the Commission ha,d decided to include this question "as a matter of high priority" in the agenda of its twenty-ninth session.
104. The Commission had before it notes by the Secretary-General (E/CN.4/1099 and Add.1-7) drawing the attention of the Commission at the request of the permanent representatives of Egypt, Israel and Jordan to the United Nations to the following' General Assembly and Security Council documents s A/8678, A/8679, A/8682, A/8685, A/8687, A/8692, A/8695, A/8735, A/8756, A/8737, A/8738, A/8755, A/8766, A/8975, A/8995, A/8998, A/9045 and A/9046 (also issued as documents: S/10598, s/10614, S/10628, S/10665, S/10667, S/10694, S/10700, S/10717, S/10725,
S/10726, S/10727, S/10760, S/l07659 S/10848, S/10851, S/10857, S/10882 and S/1O883). In addition, at the request of the representative of Egypt, the following documents were made available to members of the Commissions A/8715, A/8786, A/8814, A/8828 and A/8952.
105. Many representatives and some observers who took part in the discussion held the view that Israel, since the twenty-eighth session of the Commission, had continued systematically to pursue in the occupied territories policies and practices of discrimination, intimidation, repression, colonization and annexation which were in violation of the human rights of the populations of those territories and in flagrant contravention of the principles of international law, the United Nations Charter, the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide ]_/ and the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War 8/ as well as numerous United Nations resolutions. They noted in particular that Israel had ignored the appeals contained in Commission resolution 3 (XXVIIl) to the effect that it should rescind forthwith all measures and desist from all policies and practices affecting' the demographic structure or the physical character of the occupied Arab territories and the human rights of their inhabitants, permit all persons who had fled the occupied territories or who had been deported or expelled therefrom to return to their homes without conditions, comply fully with its obligations under the fourth Geneva Convention, and respect and implement the resolutions adopted by the Commission and other competent organs on the question of the protection of the human rights of the inhabitants of the occupied territories. They also noted that the General Assembly, in its resolution 3005 (XXVIl), concerning the report of the Special Committee to Investigate Israeli Practices affecting the Human Rights of the Population of the Occupied Territories (A/8828), had addressed to Israel similar appeals which had remained unheeded.
7/ United Nations, Treaty Series, vol. 78, 1951, No. 1021, p. 277• 8/ Ibid., vol. 75, 1950, No. 975, p. 287.
-19- 106. In the opinion of the same speakers, the situation in the occupied territories had deteriorated still further. They stated that they found evidence of these developments in the report of the Special Committee, corroborated and supplemented by other documents emanating from international bodies, including' the report of the Commissioner-General of the United Nations Eelief and Works Agency for Palestine Refugees in the Near East for the period from 1 July 1971 to 30 June 1972 9/ and the reports of the International Committee of the Red Cross, as well as by statements of Israeli leaders and reports appearing' in the Israeli and international press.
107. Among' the many instances of violations of human rights particular reference was made by various speakers to the following; the denial of the right of the Palestinians and displaced persons to return to their homes despite the fact that their inalienable right to do so had been confirmed by many United Nations resolutions; mass expulsions, eviction and deportation of the indigenous population in the occupied territories in contravention of article 49 of "the fourth Geneva Convention and of the Convention on the Prevention and Punishment of the Crime of Genocide; the colonization of the occupied Arab territories by introducing new Jewish immigrants and establishing' further settlements in direct violation of article 47 of the fourth Geneva Convention, a policy whose ultimate objective was the annexation of the territories; the expropriation of Arab property as a calculated measure to force the inhabitants to leave the territories for good; the demolition of houses, sometimes of whole villages, and the transfer of the populations to other areas where they were deprived of means of existence; the arbitrary arrest and administrative detention of civilians, the ill-treatment and torture of Arab detainees in Israeli prisons and the policy of collective punishment against the Arab population as exemplified by the establishment of concentration camps in the Sinai; economic measures aimed at absorbing the occupied territories into Israel's economy and deriving the largest possible economic gain from the occupation; the destruction of crops by chemical spraying' for alleged security reasons; measures affecting the beliefs and religious institutions of the people in the occupied territories and violations of the sanctity of religious sites and holy places in the occupied west bank area of Jordan; manipulation and control of the educational system designed to annihilate the cultural heritage and identity of the Arab population.
108. In addition, a number of speakers drew special attention to the worsening situation in Jerusalem as a result of the continuing implementation by Israel of measures designed to change the status and character of the Old City in direct violation of many United Nations resolutions and the fourth Geneva Convention. They referred to the deep concern of the Christian and Moslem communities and leaders in the Middle East in this respect. Reference was also made to the resolution adopted by the General Conference of UNESCO on 17 November 1972 10/ which disapproved the continuation by Israel of archaeological excavations in
9/ Official Records of the General Assembly, Twenty-Seventh Session, Supplement No. 15 (A/8715) 10/ UNESCO, Records of the General Conference, Seventeenth Session, vol.1 Resolutions, Recommendations, chap. II, resolution 3>422.
-20- Jerusalem and urgently called upon Israel to take the necessary measures for the scrupulous preservation of all sites, buildings and other cultural properties, especially in the Old City of Jerusalem, and to desist from any alteration of the features of the City of Jerusalem.
109. Several speakers noted that Israel was also guilty of repressive measures against prisoners of war which had. to be regarded as grave breaches of the third Geneva. Convention relative to the Treatment of Prisoners of War of 12 August, 1949•ll/ They recalled that the Commission on Human Eights in previous resolutions, had considered that grave breaches of that Convention constituted war crimes and an affront to humanity.
110. It was also observed that Israel consistently invoked reasons of security to justify measures which in fact deprived the civilian population of the occupied territories of the protection which international humanitarian law sought to ensure for them.
111. Some members found certain similarities between the violations committed by Israel in the occupied Arab territories and the policy of apartheid in South Africa. In both cases measures of repression and spoliation were being carried out for the benefit of alien minorities and with the aim of achieving political and economic domination.
112. It was deplored that owing to Israel's persistent defiance of all United Nations resolutions and its refusal to co-operate with any United Nations investigating body, no fact-finding mission had yet been able to visit the occupied territories. Reference was made in particular to the refusal by the Government of Isra.cl to co-operate with the Special Committee and allow it access to the occupied territories, a circumstance which constituted a ma.jor obstacle to the discharge of its mandate.
113. It was considered by several speakers that occupation in itself, whatever the attitude of the occupying power might bo, affected all aspects of life in the territories and wa.s a permanent cause of violations of human rights. The most effective wa„y of safeguarding the human rights of the population of the occupied territories would therefore consist in ending the occupation by implementing Security Council resolution 242 (1967)* In the meantime the Geneva.. Conventions of 1949 should be strictly applied by call parties concerned. It was emphasized by some speakers that the States parties to the fourth Geneva, Convention undertook not only to respect but also to ensure respect for its provisions. It was recalled in that connexion that both the Commission, in resolution 3 (XXVIII), and the General Assembly in resolution 3005 (XXVII), had requested a.11 States parties to the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949? to do their utmost to ensure that Israel respected and fulfilled its obligations under the Convention. It wa.s noted with regret that States parties did not soem to have responded actively to those requests.
11/ United Nations, Treaty Series, vol. 75, 1950, No. 972, p.135°
-21- 114« The observer for Israel rejected as unfounded and unreal the accusations directed against his country, a.nd refuted what he considered to he allegations utterly contra-dieted by the actual facts. Ho claimed that Israeli administration in the occupied territories was most liberal and humane and that the situation of the population as compared with what it had been before 1967 had greatly improved, especially in the field of human rights, as had indeed been recognized by the many foreigners who had visited the territories. He pointed out that the number of Arabs living in the occupied territories ha.d increased, that demolition of houses was very limited while Israel-sponsored housing schemes were in progress everywhere, that the defensive measures which Israel had been compelled to take against terrorism in no way violated generally accepted principles of international law, and that the conditions in prisons for administrative and other detainees had boon found to reflect a high degree of compliance with the Standard Minimum Rules for the Treatment of Prisoners.12/ Althoughhis Government had reserved its position on the applicability of the fourth Geneva. Convention in the occupied territories, Israel continued in practice to be guided by the provisions of the Convention. With regard to the Specia.1 Committee, ho reaffirmed the position of his Government that the Committee had been established in an irregular manner, that its composition was unbalanced and its terms of reference prejudicial, and that its reports distorted the facts. He strongly rejected the idea that Israel had ever committed "war crimes" in the occupied territories. Moreover, in his view, the Commission was not competent to deal with problems of international huma.nita.rian law and had no authority whatsoever to attribute war crimes to any State or person. For a full reply to the points which had been raised in the discussion, he referred to the statement made by the representative of Israel at the 849th meeting of the Special Political Committee of the General Assembly 15/ on 30 November 1972 and to the previous statements made by the Israeli delegation before the Commission and before the General Assembly, and in particular to its statement at the ll6lst meeting of the Commission on Human Rights on 22 March 1972, during its twenty-eighth session.
115. In the opinion of many representatives the international community ha.d the duty again to condemn violations committed by Israel a.nd demand respect for the Geneva. Conventions. The Commission had a definite responsibility in this matter a.nd should adopt a firm stand. Some representatives were convinced that Isra.el would not be able to refuse to comply with the legitimate demands of the international community and continue to violate human rights a.nd standards of international law if it could not rely on the support or complicity of certain States. Consequently, they asked that States should refrain from supplying arms to Isra.el.
116. At the 1208th meeting on 15 March 1973s Egypt, Lebanon, Pakistan, Tunisia and the United Republic of Tanzania, joined by India, submitted a draft resolution (E/CH.4/L.1237).
12/ See First United Nations Congress on the Prevention of Crime and the Treatment of Offenders. Report prepared by the secretariat (United Nations publication, Sales No.s 195é.IV.4), annex I.A. 12/ A/SPC/SR.849.
-22- 117. A number of representatives objected to the use of the expression "war crimes" in the draft resolution. In thoir opinion there was no automatic link from a legal point of view between violations of certain humanitarian conventions and war crimes or crimes against humanity. Moreover, the Commission had no competence to decide what constituted a war crime. Some representatives expressed doubts a.bout the competence and impartiality of the Special Committee and thought that its torris rf reference prejudged its findings. In thoir opinion, the Commission was not in a position to pass judgement on the facts brought to its attention without a more impartial on-the-spot investigation.
118. At the 1210th meeting, on 14 March 19739 the representative of Franco submitted an oral amendment to the sixth preambular paragraph of the draft resolution for the replacement of the word "pillaging" by the words "abusive exploitation" and to delete the words "the exploitation" before the words "of natural resources".
119. At tho same mooting the Commission voted on the draft resolution and on the French oral amendment thereto.
120. The oral amendment by France wa.s rejected by 12 votes to 5? with 12 abstentions.
121. At tho request of the representative of the Netherlands, a sopa.ra.te vote wa.s taken on opera.tive paragraph 1. This paragraph wa.s adopted by 17 votes to 9? with 4 abstentions. The vote wa.s ta.kon by roll-call, a.t the request of the representative of Egypt. The voting wa.s a.s follows;
In fa.vour; Bulgaria, Byelorussian SSR, Egypt, Ghana, India, Iran, Iraq, Lebanon, Mauritius, Nigeria., Pakistan, Philippines, Sonega.l, Tunisia., Turkey, Union of Soviet Socialist Republics, United Republic of Tanzania.
Against ; Austria, Dominican Republic, France, Italy, Netherlands, Norway, United Kingdom of Grea.t Britain a.nd Northern Ireland, United Sta.tes of America, Venezuela..
Abstaining; Chile, Ecuador, Mexico, Romania.
12.2. Draft resolution E/CN.4/L.I237 as a whole was adopted by 18 votes to 2, with 10 abstentions. Tho vote wa.s taken by roll-call, at tho request of the representative of Egypt. The voting was as follows;
In fa.vour: Bulga.ria, Byelorussian SSR, Egypt, Gha.na, India, Ira.n, Ira.q, Loba.non, Ma.uritius, Nigeria., Pakistan, Philippines, Romania., Senegal, Tunisia., Turkey, Union of Soviet Socia.list Republics, United Republic of Tanza.nia.. Against ; Dominican Republic, United Stales of America. Abstaining; Austria., Chile, Ecua.dor, France, Italy, Mexico, Netherlands, Ncrwa.y, United Kingdom, Venezuela.. 123. For the text of the resolution, see bolow, cha.pter XX, resolution 4 (XXIX)
-23- VII. REPORTS AND STUDIES OP THE SUB-COMMISSION ON PREVENTION OP DISCRIMINATION AND PROTECTION OP MINORITIES; AND IMPLEMENTATION OF UNITED NATIONS RESOLUTIONS RELATING TO THE RIGHT OP PEOPLES UNDER COLONIAL AND ALIEN DOMINATION TO SELF-DETERMINATION
124. Agenda item 9? entitled "Reports and studies of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (Economic and Social Council resolution 1694 (Ml))", comprising five sub-items, was considered by the Commission at its 1211th to 1218th and its 1220th to 1223rd meetings held between 15 and 23 March 1973- In connexion with sub-item (e) of agenda item 9s the Commission also considered agenda item 13, entitled "Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination (General Assembly resolution 2649 (XXV), Commission resolution 8A (XXVIl) and decision of 6 April 1972)".
125- In introducing the item, the Director of the Division of Human Rights drew attention inter alia to Economic and Social Council resolution I694 (LIl) of 2 June 1972, in operative paragraph 4 of which the Council had authorized the Commission to hold a six-week session to enable it to devote sufficient time to the consideration of the reports and the studies of the Sub-Commission which had not been acted upon.
126. During the debate on agenda item 9 "the Commission heard statements by the observers for the following non-governmental organizations in consultative status? Anti-Slavery Society (1213th meeting); International Alliance of Women (l2l6th meeting); International Commission of Jurists (1212th meeting); the Women's International Democratic Federation (l2l6th meeting); and the Women's International League for Peace and Freedom (l220th meeting). Written statements submitted by a number of non-governmental organizations were circulated in documents E/CN.4/NGO/168 and 170.
A. Draft principles relating to equality in the administration of .justice
127. In connexion with the sub-item (a) of agenda item 9? entitled "Draft principles relating to equality in the administration of justice (Economic and Social Council resolution 1594 (L)5 General Assembly resolution 2858 (XXVl) and Commission resolution 8 (XXVIIl))", it may be recalled that in its resolution 8 (XXVIIl) the Commission decided to give high priority to the consideration of this item at its twenty-ninth session. In that resolution the Commission requested Governments of Member States to communicate to the Secretary-General their comments and views on the draft principles adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its twenty-third session, in 1970, and the form of the instrument in which such principles could be set forth so that they could be considered by the Commission at its present session. The Commission had before it: (a) the draft principles (E/CN.4/l077s annex); and (b) the comments and views of Member States on the draft principles (E/CN.4/IH2 and Add.1-8). In connexion with this subject the Commission also had before it The Study of Equality in the Administration of Justice, 14/ prepared by Mohammed Ahmed Abu Rannat, Special Rapporteur of the Sub-Commission.
14/ United Nations publication, Sales No.: 71-XIV.3-
-24- 128. At the 1211th meeting, Mr. Abu Rannat, Special Rapporteur for the study on equality in the administration of justice, presented his study and the draft principles adopted by the Sub-Commission. Members of the Commission who spoke on this subject expressed their appreciation for the scholarly and factual study of the Special Rapporteur.
129. Some representatives stated that although the draft principles conformed in large measure to the legislation prevailing in their countries, they would be unable to accept all of them without some modifications. l^O. Members differed as to whether it was feasible for the Commission to undertake an examination of the draft principles article by article. While some members took the position that there was insufficient time to do so in view of the other important items on the Commission's agenda, others considered that failure to undertake a detailed consideration of the draft principles would amount to a disregard of the mandates given to the Commission by the Economic and Social Council and the General Assembly.
131. Some members pointed out that in the preamble to its resolution 8 (XXVIII) the Commission had envisaged an international instrument on this question; it should not, therefore, at its present session, preclude the possibility of the preparation of an international convention or declaration on this question in the future. It was also felt that the Commission should recommend that the General Assembly call upon Governments to take account of the draft principles in formulating legislation. At the same time some other representatives pointed out that such an appeal to Governments would be unwarranted since the Commission had not carefully studied the draft principles and had not approved them.
132. A draft resolution (E/CN.4/L«1241) containing a draft resolution on this subject, to be recommended for submission by the Economic and Social Council to the General Assembly, was submitted by the representatives of Austria, Ecuador, India, Lebanon, Netherlands, Pakistan, United Kingdom of Great Britain and Northern Ireland and United States of America.
133' Taking into account the comments of the representatives of Chile, France, Iran and Italy, the co-sponsors of the draft resolution redrafted operative paragraph 2 of the draft resolution for the Assembly as follows:
"2. Calls upon Member States to give due consideration in formulating legislation and taking other measures affecting equality in the administration of justice to the above-mentioned draft principles which may be regarded as setting forth valuable norms, with a view to arriving at an elaboration of an appropriate international declaration or instrument."
134. At its 1217th meeting, on 20 March 1973s the Commission adopted without a vote the joint draft resolution (E/CN.4/L.I241), as amended. Some representatives made reservations; they may be found in the summary record of the meeting (E/CN.4/SR.1217).
135. For the text of the resolution, see below chapter XX, resolution 5 (XXIX).
-25- B.' Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights
136. Sub-item (b) of agenda item 9 was entitled "Study of discrimination in the matter of political rights and draft general principles on freedom and non discrimination in the matter of political rights (Commission decision of 5 April I972)"; the Study of Discrimination in the Matter of Political Rights 15/ prepared by Mr. Hernân Santa Cruz, Special Rapporteur of the Sub-Commission, and the draft general principles adopted by the Sub-Commission at its fourteenth session in 19^2, were included in the agenda of the Commission for the first time in 19^2, at its eighteenth session. In connexion with this sub-item, the Commission had before it a note by the Secretary-General submitted to the Commission at its twenty-sixth session (E/CN.4/1013) cont aining; a brief history of the consideration of the study and the draft general principles; a comparative chart of the provisions of the draft principles and the related provisions of the International Covenant on Civil and Political Rights (General Assembly resolution 2200 A (XXl)); and an index to the comments of Governments and non-governmental organizations on the draft principles received pursuant to Commission resolution 4 (XVIII) of 4 April I962. Information from Governments concerning new developments in the matter of political rights prepared pursuant to the Sub-Commission's resolution 1 (XXIl) of 28 August 1969 was contained in addenda to the note (E/CN.4/l013/Add.l-5).
137- During the general debate on this sub-item, it was recalled that Mr. Hernân Santa Cruz, Special Rapporteur for the study of discrimination in the matter of political rights, had introduced his report at the Commission's eighteenth session in 1962. Members paid tribute to the skilful study of the Special Rapporteur. It was noted that preliminary consideration had been given to the study and to the draft principles at the Commission's eighteenth and twenty-fifth sessions; in addition, the Commission had before it, at its present session, the comments of Governments and non-governmental organizations on the draft principles adopted by the Sub-Commission.
138. Several members observed that since the completion of the study in 1962 new political systems and ideologies had emerged, and these were not reflected in either the study or the draft principles. Moreover, since the adoption of the draft principles, the General Assembly had opened for signature and ratification the International Covenant on Civil and Political Rights. Some members felt that the adoption of the International Covenants on Human Rights made superfluous the elaboration of further instruments such as international conventions and declarations; others took the view that the Commission must continue to prepare specific international instruments dealing with the rights enumerated in the Universal Declaration of Human Rights.
l^/ United Nations publication, Sales No.s 63.XIV.2. 139' The debate focused on the question of the action to be taken regarding the draft principles. It was felt that they, along with the relevant provisions of the International Covenant on Civil and Political Eights, should be drawn to the attention of Governments, international and regional intergovernmental organizations, non-governmental organizations and other institutions concerned with the question of discrimination in the matter of political rights. Members of the Commission differed as to whether the draft principles should also be drawn to the attention of the first meeting of the States Parties to the International Covenant, with a view to their transmission to the Human Eights Committee to be set up under the Optional Protocol of that Covenant. Some members recalled their disapproval of the provisions of the Optional Protocol because, in their view, the Committee might infringe on the sovereignty of States.
140. A draft resolution (E/CN.4/L.I242) which contained a proposal for action by the Economic and Social Council, was submitted by the representatives of India, Lebanon, Pakistan and the United Kingdom of Great Britain and Northern Ireland; it was announced by the co-sponsors that the representative of Chile had become a co-sponsor of the joint draft resolution.
141. The co-sponsors made the following oral amendments to operative paragraph 4 of the draft resolution for adoption by the Council;
(a) to delete the word "possible" before the word "transmission"; and
(b) to add the words "to be " before the word "established".
142. The co-sponsors accepted the oral amendment of the representative of the Union of Soviet Socialist Eepublics to add a new operative paragraph 5 to the draft resolution for adoption by the Council, reading as follows:
"5. Decides that the Commission on Human Rights should retain the question of realization of political rights on its agenda."
143» At its 1217th meeting on 20 March 1973j the Commission adopted without a vote joint draft resolution E/CN.4/L.I242 as orally amended.
144. For the text of the resolution, see below chapter XX resolution 6 (XXIX).
C. Study of discrimination in respect of the right of everyone to leave any country,including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of that right
145- Sub-item (c) of agenda item 9 was entitled "Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of that right (Commission decision of 5 April 1972)"; the Study of Discrimination in Respect of the Right of Everyone to Leave any Country Including his Own, and to Return to his Country 16/ prepared by Mr. José Ingles, Special Rapporteur of the
16/ United Nations publication, Sales No.; 64.XIV.2.
-27- Sub-Commission on Prevention of Discrimination and Protection of Minorities, and the draft principles, YjJ adopted by the Sub-Commission at its fifteenth session in 1963 were included in the Commission's agenda for the first time in 1963? at its nineteenth session. The Commission had before it a note by the Secretary- General submitted to the Commission at its twenty-seventh session (E/CN.4/1042) and addenda thereto (E/CN.4/1042, Add.1-4)? containing (a) a brief history of the consideration of the question by various bodies of the United Nations; (b) documentary reference to comments of Governments and non-governmental organizations received under Commission resolution 4 (XIX), of 1963; and (c) the replies from Governments concerning new developments in the matter of this right received pursuant to the Sub-Commission's resolution 1 (XXII), of 1969.
146. At its 1218th meeting on 20 March 1973? Mr* José Ingles, Special Rapporteur for the study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, presented his study and the draft principles adopted by the Sub-Commission. It was recalled that the Special Rapporteur had made a preliminary presentation of his study at the Commission's twenty-seventh session. Members of the Commission expressed their appreciation for the Special Rapporteur's expert approach to the difficult questions encompassed in the study.
147* The Commission discussed the question whether, in view of the fact that the study had been completed in 19^3? a revision and updating of it would be desirable. Some members felt that an updating was unnecessary since the facts presented in the study were still valid; others took the position that the continuing violations of the rights set forth in paragraph 2 of article 13 of the Universal Declaration of Human Rights made it essential for the Commission to have up-to- date information in order that it might take effective action.
148. Members of the Commission differed as to whether the question of the rights enumerated in article 13 of the Universal Declaration of Human Rights should be retained on the Commission's agenda. While some felt that this question should continue to be examined, others were of the view that the future work of the Commission should emphasize questions such as self-determination, racial discrimination and apartheid.
149. Some members observed that the Commission's previous consideration of this question had emphasized only one aspect of the rights enunciated in paragraph 2 of article 13 of the Universal Declaration of Human Rights, namely, the right to leave a country, and that any future consideration of the question should take into account the equally important right of every person to return to his country. It was recalled by some of these members that the United Nations had adopted many decisions on the exercise of this right.
150. In the view of several members, the right of persons to leave their country might be subject to permissible restrictions. In support of this view, they noted that considerations of national security might justify certain restrictions on the departure of nationals. It was also stated that the needs of developing countries to retain skilled personnel might justify such restrictions.
17/ Ibid., annex VI.
-28- 151. The Commission also discussed the question whether the draft principles should be referred to the Human Rights Committee to be established under the Optional Protocol to the International Covenant on Civil and Political Rights. With regard to such referral, some members reiterated the position that they had taken during the debate on the study of discrimination in the matter of political rights (see para.139 above).
152. Reference was made by some representatives to the relationship between the right of everyone to leave any country, including his own, and to return to his country, and the process of détente between nations, particularly in Europe.
153. Two proposals were submitted on this questions one (E/CN.4/L.I239) by the representative of the United States of America; and the other (E/CN.4/L.I245) Ecuador, Ghana, India and Pakistan, containing a draft resolution for action by the Economic and Social Council. The representative of Egypt submitted amendments (E/CN.4/L.I244) to the United States proposal. The representative of the United States thereafter submitted a revised text of his proposal (E/CN.4/h.l239/Rev.l); he subsequently withdrew his revised proposal and became a co-sponsor of the revised joint draft resolution (E/CN.4/L.1245/Rev.l and Corr.l). The representative of Egypt thereafter withdrew his amendments (E/CN.4/L.I244)• The co-sponsors announced that the representative of Nigeria, also, was a oo-sponsor of the revised joint draft resolution.
154. The co-sponsors of the revised joint draft resolution made the following oral amendments:
(a) The replacement of operative paragraph 2 of the draft resolution for adoption by the Council, by the following texts
"2. Affirms the need for Governments, with respect to the enjoyment of the right of everyone to leave any country, including his own, and to return to his country, to bear in mind the relevant resolutions of the United Nations, the provisions of Article 13 of the Universal Declaration of Human Rights and other relevant provisions of the Declaration, the provisions of the International Covenant on Civil and Political Rights and the Charter of the United Nations";
(b) In operative paragraph 3 of the draft resolution for adoption by the Council, the replacement of the words "these draft principles into account, together with" by the words "into account"; and
(c) The deletion of operative paragraph 5 of the same draft resolution.
155. At its 1223rd meeting, on 23 March 1973, the Commission adopted draft resolution E/CN.4/L.1245/Rev.l and Corr.l, as amended, by 25 votes to none, with 4 abstentions.
156. For the text of the resolution, see below,chapter XX, resolution 12 (XXIX).
-29- D. Study of discrimination against persons born out of wedlock, and draft general principles on equality and non-discrimination in respect of such persons
157' Sub-item (d) of agenda item 9 was entitled "Study of discrimination against persons born out of wedlock, and draft general principles on equality and non discrimination in respect of such persons (Commission decision of 5 April 1972)"; the Study of Discrimination Against Persons Born out of Wedlock 18/ prepared by Mr. Vieno Voitto Saario, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and the draft principles 19/ adopted by the Sub-Commission at its nineteenth session, in 19^7? were included in the Commission's agenda for the first time in 1967s a"k twenty-third session. The Commission had before it a report by the Secretary-General submitted to the Commission at its twenty-eighth session (E/CN.4/IO78) and addenda thereto (E/CN.4/1078 Add.1-5), prepared pursuant to Sub-Commission resolution 1 (XXIl), containing replies from Governments concerning new developments in this field.
158. At the 1217th meeting, on 20 March 1973, Mr. Vieno Voitto Saario, Special Rapporteur for the study of discrimination against persons born out of wedlock, presented his study and the draft principles adopted by the Sub-Commission. In expressing their appreciation to the Special Rapporteur for his valuable study, some members noted that the study had helped to encourage reforms in the national legislation of some countries governing the question of persons born out of wedlock.
159- During the general debate some members expressed the view that the concept of the illegitimacy of children was essentially European in origin and that it had been incorporated only recently into the legislation of colonial territories. It was noted that many countries were now in the process of adopting legislation eliminating the distinction between those born in wedlock and those born out of it.
160. Members who spoke on this sub-item pointed out the differences between the draft general principles adopted by the Sub-Commission and the national legislation obtaining in their countries. It was stated by some representatives that the draft principles, in some instances, provided more extensive rights for children born in wedlock and that any United Nations recommendations on this question should ensure complete equality between those born in wedlock and those born out of it. It was felt that the draft principles should be circulated to Governments, specialized agencies, regional inter-governmental organizations and non-governmental organizations for their comments and observations, and that the Commission should keep the question of children born out of wedlock under review.
161. Reference was made to the work undertaken by the Commission on the Status of Women on the status of the unmarried mother, and to Economic and Social Council resolution 1679 (ill) of 2 June 1972 on that subject. It was also noted that the Commission on Social Development was examining certain aspects of the question of the status of persons born out of wedlock.
18/ United Nations publication, Sales No.s 68.XIV.3. 19/ Ibid., annex VII.
-30- 162. A draft resolution containing a recommendation for action by the Economic and Social Council (E/CN.4/L.1243) was submitted by the representative of India.
163. At its 1217th meeting on 20 March 1973? the Commission adopted draft resolution E/CN.4/L.1243 without a vote.
164. For the text of the resolution see below, chapter XX, resolution 7(XXIX).
E. Reports of the twenty-fourth and twenty-fifth sessions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities
165. Sub-item (e) of agenda item 9 was entitled "Reports of the twenty-fourth and twenty-fifth sessions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (Commission decision of 5 April 1972)", and the Commission had before it the Sub-Commission's reports on its twenty-fourth session (E/CN.4/1070) and its twenty-fifth session (E/CN.4/IIOI). At its twenty-fifth session the Sub-Commission adopted three resolutions requiring action by the Commission: resolution 7 (XXV) entitled "Further studies on racial discrimination"; resolution 8 (XXV) entitled "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: Report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIIl)"; and resolution 9 (XXV) entitled "Consideration of the future work of the Sub-Commission". In connexion with resolution 9 (XXV), the Commission considered item 13 of its agenda, entitled "Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination (General Assembly resolution 2649 (XXV); Commission resolution 8 A (XXVIl) and decision of 6 April 1972)", and had before it a report of the Secretary-General on that subject (E/CN.4/IO8I and Corr.l) submitted to the Commission at the twenty-eighth session, and an addendum thereto E/CN.4/l08l/Add.l). The report, prepared pursuant to General Assembly resolution 2649 (XXV) of 30 November 1970 and Commission resolution 8 A (XXVIl) of 11 March 1971? contained an annotated collection of all the resolutions adopted by the United Nations, the specialized agencies and the regional organizations relating to the right of peoples under colonial and alien domination to self-determination.
1. Further studies on racial discrimination
166. The Commission considered the Sub-Commission's request to it, in its resolution 7(XXV), to recommend that the Economic and Social Council should authorize the Sub-Commission to entrust Mr. Hernân Santa Cruz, Special Rapporteur on racial discrimination, with the task of updating his study, Racial Discrimination 20/ with special emphasis on discrimination based on colour. At the 1221st meeting, on 22 March 1973, the Director of the Division of Human Rights explained the financial implications of the Sub-Commission's resolution. It
20/ United Nations publication, Sales No.: E.71.XIV.2.
-31- was pointed out by some representatives that the study could be encompassed within the Draft Programme for a Decade for Action to Combat Racism and Racial Discrimination which had been proposed by the Commission in its resolution 1 (XXIX).
167. At the same meeting, the Commission decided to draw the attention of the Economic and Social Council to Sub-Commission resolution 7 (XXV) with the request that the Council consider it in the light of Commission resolution 1 (XXIX).
168. For the text of the Commission's decision see below, chapter XX, section B, decision 3- See also chapter XXI, section B, decision 2.
2. The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live
169. The Commission considered the recommendation made by the Sub-Commission in resolution 8 (XXV) that it should consider "the problem of the applicability of the present provisions for the international legal protection of the human rights of individuals who are not citizens of the country in which they live and to consider what measures in the field of human rights would be desirable."
170. Several members stated that the Sub-Commission and the Commission should undertake consideration of this important problem at their next sessions and some of them pointed out that there was a need for a survey by the United Nations secretariat of those international instruments in the field of human rights which provided for distinctions between nationals and individuals who are not citizens of the State in which they live. It was agreed that the proposed survey would include the question of refugees and stateless persons.
171. The representative of the United Kingdom of Great Britain and Northern Ireland submitted a draft resolution containing a proposal for action by the Economic and Social Council (E/CN.4/L-1240, which he subsequently revised (E/CN.4/L.1240/Rev.l).
172. The sponsor later orally amended operative paragraph 3 of the draft resolution for adoption by the Council, by inserting the word "practicable" before the words "level of protection".
173- The sponsor accepted the oral amendment of the representative of Ghana to add the following words in the second preambular paragraph of the draft resolution for adoption by the Council; "and particularly must refrain from activities prejudicial to the political and economic interests of these States,".
174- At its 1220th meeting, on 21 March 1973s the Commission adopted draft resolution E/CN.4/L.1240/Rev.l, as orally amended, by 16 votes to none, with 11 abstentions.
175- For the text of the resolution, see below, chapter XX, resolution 8 (XXIX).
-32- 3- Implementation of United Mations resolutions relating to the right of peoples under colonial and alien domination to self-determination
176. In its resolution 9 (XXV) the Sub-Commission recommended that the Commission should request it to place the following item on the agenda of its twenty-sixth session: "The historical and current development of the right of peoples to self-determination on the basis of the Charter of the United Nations and other instruments adopted by the United Nations organs".
177- During the debate, some members took the position that there was a need for two studies on the question of self-determination: one, which could be initiated by the Sub-Commission at its twenty-sixth session, analysing the historical development of the concept of self-determination in relation to human rights; and the other, which could be undertaken by the Commission at its thirtieth session, studying the implementation of the United Nations resolutions on this question. In support of this position, it was pointed out that the Sub-Commission's proposals regarding its study would be before the Commission at its next session, and that the decision regarding a further study by the Commission could be taken at that time.
178. In the opinion of several representatives, two studies on this question would result in duplication. Some members pointed out that a number of United Nations organs had already carried out studies on various aspects of self-determination and were actively engaged in work in that field. Others observed, however, that the human rights aspects of the question had not been examined in depth.
179- Two proposals were submitted on this question: one by the representatives of Chile, Egypt, Ghana, Iran, Lebanon, Mauritius, Pakistan, Philippines, Romania, Senegal, United Republic of Tanzania and Zaire (E/CN.4/L.I246); the other by the representatives of Chile, Ghana, Pakistan, Philippines, Romania, Senegal and United Republic of Tanzania (E/CN„4/L.1247)• The co-sponsors of the latter resolution announced that the representatives of Iran, Nigeria and the United States of America had become co-sponsors.
180. At its 1222nd meeting, on 22 March 1973s the Commission adopted draft resolution E/CN.4/L.I246 without a vote.
181. Por the text of the resolution, see below, chapter XX resolution 9 (XXIX).
182. The co-sponsors of joint draft resolution E/CN.4/L.1247 accepted the oral amendment proposed by the representative of the Netherlands to add the words "with particular reference to human rights and fundamental freedoms" in the first operative paragraph of the draft resolution; this amendment was subsequently further amended orally by the co-sponsors, the words "the promotion and protection of" being added before the words "human rights".
183. At its 1222nd meeting, on 22 March 1973s the Commission adopted joint draft resolution E/CN.4/L.1247s as orally amended, without a vote.
184. Por the text of the resolution, see below, chapter XX, resolution 10 (XXIX).
-33- 4. Reports of the twenty-fourth and twenty-fifth sessions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities
185. It was noted that none of the resolutions adopted by the Sub-Commission at its twenty-fourth session required special action by the Commission; it was further noted that the Commission had completed action on all the resolutions referred to it by the Sub-Commission at its twenty-fifth session (E/CN.4/HOI, chap. XIV).
186. During the debate on the report of the Sub-Commission on its twenty-fifth session, some members raised questions concerning the nature of the participation of alternates in meetings of the Sub-Commission, and the application to be given to rule 70 of the rules of procedure of the functional commissions of the Economic and Social Council.
187. A joint draft resolution (E/CN.4/L.1249) was submitted by the representatives of Chile, Ghana, India, Mauritius, Nigeria, Pakistan and the United Kingdom of Great Britain and Northern Ireland; it was subsequently announced that the representative of Iran had become a co-sponsor.
188. The co-sponsors agreed to accept the oral proposal made by the representatives of Austria and Ecuador to add the words "with appreciation of the valuable work described in" before the words "reports of". The co-sponsors subsequently agreed to the oral sub-amendment proposed by the representative of Chile to replace the amendment of Austria and Ecuador by the words "with appreciation of the".
189. At its 1222nd meeting, on 22 March 1973s the Commission adopted joint draft resolution E/CN.4/L.1249s as orally amended, without a vote.
190. For the text of the resolution, see below, chapter XX, resolution 11 (XXIX).
-34- VIII. QUESTION OP THE PUNISHMENT OP WAR CRIMINALS AND OP PERSONS WHO HAVE COMMITTED CRIMES AGAINST HUMANITY
191. The Commission considered agenda item 8 at its 1224th and 1225th meetings, held on 23 and 26 March, and at its 1231st meeting, held on 29 March 1973.
192. By its resolution 7 A (XXVIIl) of 3 April 1972, the Commission decided to include in the agenda of its twenty-ninth session, as a priority item, the question of the consideration of principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity. On the recommendation of the Commission, the Economic and Social Council adopted resolution I69I (ill) of 2 June 1972 in which the Secretary-General was requested to submit to the General Assembly at its twenty- seventh session and to the Commission at its twenty-ninth session an analytical survey of the comments, observations and proposals received from States on the question, having regard to the need to formulate principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity. At its twenty-seventh session the General Assembly, having received the analytical survey prepared by the Secretary-General (A/8823), adopted resolution 3020 ( XXVIl) in which it took note of the draft principles contained in a document submitted by the Byelorussian Soviet Socialist Republic, Czechoslovakia and Democratic Yemen to the Third Committee of the Assembly and reproduced in that Committee's report 21/ and decided to transmit these draft principles for further elaboration to the Commission on Human Rights together with the summary records of the meetings at which the Third Committee had debated this item during the twenty-seventh session. The Commission was also requested to submit to the Assembly at its twenty-eighth session, through the Economic and Social Council, a set of draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity.
193. The Commission had before it the above-mentioned analytical survey prepared by the Secretary-General and the text of the draft principles together with the provisional summary records of the Third Committee, 22/ and comments, observations and proposals received from Governments since the issuance of the analytical survey (A/8823/Add.l and E/CN.4/II24).
194. At the Commission's 1224th meeting, held on 23 March 1973, "the representative of the Secretary-General, introducing agenda item 8, said that in preparing the analytical survey the Secretariat had made use of the information received from Governments and had made short summaries of, or references to, previously submitted material. The relatively small amount of fresh information made it difficult to identify prevailing new trends.
2l/ A/C.3/L.1975 and Corr.l. See Official Records of the General Assembly, Twenty-seventh Session, Annexes, agenda item 52, document A/8939, para. 7.
22/ A/C.3/SR.1964 and A/C.3/SR.1966 to 1969.
-35- 195« At the same meeting the representative of the Byelorussian Soviet Socialist Republic submitted a draft resolution (E/CN.4/L.1248) which contained, inter alia, a set of draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity. Amendments to the draft resolution were submitted by the United Kingdom of Great Britain and Northern Ireland (E/CN.4/L.1250). i960 During the debate, a number of representatives drew attention to the urgent need for international action to ensure the prosecution and punishment of persons guilty of war crimes and crimes against humanity in the case of crimes committed during the second world war as well as crimes still being committed as a result of aggressive wars, colonialism, racism and apartheid.
197- These representatives expressed their support for the draft resolution submitted by the Byelorussian Soviet Socialist Republic and the principles contained in it. They considered that the adoption of such principles would significantly promote international co-operation for the effective punishment of war crimes and crimes against humanity, would ensure a better protection of human rights and fundamental freedoms and promote co-operation among peoples and international peace and security, and would be an important factor for preventing such crimes and suppressing them.
198. The same representatives believed that the question of the punishment of war criminals and of persons who have committed crimes against humanity should continue to be considered by the United Nations as long as persons guilty of war crimes and crimes against humanity were at large and war crimes and crimes against humanity were being committed in the world.
199. It was pointed out that the concepts of "war crimes" and "crimes against humanity" could be found in a number of international instruments, and that reference to national legislation regarding these crimes contradicted the purposes of the principles.
200. Some representatives, however, expressed specific objections and reservations regarding certain principles. It was pointed out, in particular, with reference to principle 4 that with regard to the extradition of persons against whom there was evidence that they had committed war crimes countries should be requested to co-operate within the limitations laid down in their national legislations. With reference to principle 7? one representative expressed the opinion that his country, where treaty obligations could be superseded by acts of the legislative organs, would have difficulty in assuming the international obligations set out in this principle.
201. Those representatives believed that after the General Assembly had adopted the principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, further consideration of the question by the United Nations organs would no longer be necessary.
202. Some representatives expressed regret that the draft resolution did not contain a definition of war crimes and crimes against humanity; reference was also made to the desirability for the principles to be transmitted to Governments for comments before they were endorsed by the General Assembly.
-36- 203. The view was also expressed by a representative that the Commission had insufficient time to devote to the consideration of the draft principles. In the opinion of this representative, the proposed draft principles were too limited in scope and could be significantly improved before their adoption by the General Assembly if the universally recognized relevant international legal instruments were better taken into consideration, as well as other ways and means of international co-operation in this domain, and recent war crimes taking place in certain areas.
204. At the 1231st meeting, on 29 March 1973, a revised text of the draft resolution (E/CIT.4/L.1248/Rev.l) was submitted by the Byelorussian Soviet Socialist Republic incorporating some of the amendments submitted by the United Kingdom and the opinions expressed during the debate. At the same meeting the sponsor of the draft resolution orally revised it, taking into account the views expressed by the representative of the United Kingdom and other representatives during the debate.
205. The Commission then adopted without a vote draft resolution E/OT.4/L.1248/Rev.1, as orally revised, on the understanding that the reservations expressed during the debate would be adequately reflected in the summary record of the meeting (E/OT.4/SR.1231).
206. For the text of the resolution see below, chapter XX, resolution 13 (XXIX).
-37- IX. QUESTION OF THE REALIZATION OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTAINED IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND IN THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, AND THE STUDY OF SPECIAL PROBLEMS RELATING TO HUMAN RIGHTS IN DEVELOPING COUNTRIES
207. The Commission considered agenda item 7 at its 1225th to 1228th meetings held on 26 and 27 March and at its 1230th, 1231st and 1233rd meetings held on 28, 29 and 30 March 1973-
208. By its resolution 5 (XXVIIl) of 28 March 1972 the Commission decided to include this item in the agenda of its twenty-ninth session "as a matter of priority".
209. In resolution 1689 (ill) of 2 June 1972, the Economic and Social Council urged the Special Rapporteur appointed under resolution 14 (XXV) of the Commission on Human Rights to complete his study, taking into account opinions expressed during the discussion of that question at the Commission's twenty-eighth session, and to submit his final report to the Commission not later than three months in advance of its twenty-ninth session in 1973 and not later than 30 November 1972.
210. In the same resolution the Council requested each regional economic commission to consider the feasibility of including in the agenda of its next session the consideration of "the question of the realization of economic, social and cultural rights contained in the Universal Declaration of Human Rights, taking into account special problems relating to human rights in developing countries", and to indicate particular aspects of those rights. The Council also requested the Committee on Review and Appraisal and the Committee for Development Planning to transmit to the Commission on Human Rights all available information relevant to this item.
211. The Council also invited the International Labour Organisation and the United Nations Educational, Scientific and Cultural Organization to consider, within their respective spheres of competence, the question of the effective methods and means to be used for the realization of economic, social and cultural rights and to forward their suggestions to the Commission in time for consideration at its twenty-ninth session.
212. In resolution 1421 (XLVl) of 6 June 1969? adopted by the Economic and Social Council on the recommendation of the Commission, the Council had requested the Secretary-General urgently to continue the exchange of experience among States on the effectiveness of the methods and means used by them in the realization of economic, social and cultural rights. In resolution 1689 (ill), the Council requested the Secretary-General to urge Governments and specialized agencies which had not yet done so to submit such information.
213. The Commission had before it the Special Rapporteur's study entitled "The Widening Gap" (E/CN.4/1IO8 and Add.l, Add.2 (vols. I to IV) and Add.5-9), a note by the Secretary-General containing information received from Governments and specialized agencies since the Commission's twenty-eighth session on the effectiveness of the methods and means used by them in the realization of economic, social and cultural rights (E/CN.4/1023/Add.5-7), and also a note by the Secretary- General containing information received from the IL0 and UNESCO (E/CN.4/IIO9) in pursuance of Economic and Social Council resolution 1689 (LIl). The Commission further had before it a statement submitted by the Women's International Democratic Federation, a non-governmental organization in consultative status (E/CN.4/NGO/173).
-38- 214. The Commission heard statements by the representative of the United Nations Educational, Scientific and Cultural Organization (1226th meeting), the representative of the International Labour Organisation (l230th meeting) and the observer for the International Federation of Women Lawyers, a non-governmental organization in consultative status (l226th meeting).
215. At the 1225th meeting, on 26 March 1973, the Special Rapporteur introduced his study and described its general outline as follows, part one (E/CN.4/llC8/Add.l) was limited to a brief review of constitutional provisions; parts two, three and four (E/CN.4/ll08/Add.2 (vols. I-IV), Add.3 and Add.4) dealt with economic, social and cultural rights in less developed countries, in socialist countries of Eastern Europe and in developed market economies respectively. Part five (E/CN.4/ll08/Add.5) concerned international action taken for the protection and promotion of economic, social and cultural rights. Part six (E/CN.4/ll08/Add.6) contained the Special Rapporteur's conclusions, observations and recommendations. The annexes (E/CN.4/ll08/Add.7 and 8) included maps, texts of questionnaires sent to Governments and an indication of the number of ratifications of and accessions to international instruments relating to economic, social and cultural rights. The table of contents of the study was contained in E/CN.4/ll08/Add,9.
216. The Special Rapporteur emphasized that his study was governed by one basic assumption, namely, the solidarity of all governments and peoples in their agreement that the enjoyment of economic, social and cultural rights was a fundamental need of mankind.
217. Members of the Commission commended the Special Rapporteur for the scope and the quality of his study. It was pointed out that, despite the complexity and difficulty of the task, he had succeeded in producing a comprehensive and most useful document. According to several representatives, the long-awaited report provided the Commission with an appropriate tool for dealing effectively with the fundamental issue of the realization of economic, social and cultural rights everywhere, and in particular in developing countries. However, members drew the attention of the Special Rapporteur to a number of inaccuracies, no doubt unintentional, and disputable paragraphs contained in his report, and generally agreed that because of the length and complexity of the study and its relatively recent circulation, they would not be in a position to formulate a definitive judgment on the study as a whole or to make suggestions on the action to be taken as regards its conclusions and recommendations. In their opinion, it would be desirable at this stage to seek the comments of Governments, specialized agencies and other international organizations.
218. In the course of a general discussion, several representatives pointed out that the enjoyment of human rights by individuals depended primarily on the economic, social and cultural situation in their respective countries and on the prevailing social and economic system. In this connexion, the view was expressed that the twentieth century was the era of the affirmation of economic, social and cultural rights, and that it had become evident that the realization of civil and political rights alone was not sufficient to ensure to the peoples of the world essential needs such as food, shelter, medical care, social services and social security, to which they should be entitled in accordance with article 25 of the Universal Declaration of Human Rights. It was, therefore, the opinion of many representatives that economic, social and cultural rights deserved more attention from the Commission than they had hitherto received.
-39- 219. Reference was made to the part of the study dealing with the situation in developing countries and the efforts of those countries to achieve, progressively, the realization of economic, social and cultural rights. It was pointed out by several representatives that the developing countries encountered many obstacles in their endeavours, including those engendered by the consequences of their colonial past and the influence of colonialism and neo-colonialism. On the internal level, the realization of those rights implied the availability of adequate resources and skilled labour and the utilization of advanced technology. Externally, developing countries were faced with the unjust trade policies pursued by many developed countries and the exploitation by those countries of their natural resources. The main prerequisite for progress in those parts of the world should be the elimination of all vestiges of colonialism and a determined struggle against neo-colonialism. Certain developing countries had to contend, in addition, with aggression and all kinds of foreign interference. While it was true that the primary responsibility for breaking the vicious circle of poverty, lack of capital, and insufficient educational, cultural and medical facilities rested with each one of the developing countries, those countries should also be able to count on effective international co-operation. The United Nations and the specialized agencies, with the co-operation of the developed countries which had great economic, technological and human resources at their disposal, had an indispensable role to play in that connexion.
220. Reference was made to the scope of the rules and principles set forth in existing international instruments, to the role of the State, of the public sector and of individuals in the realization of economic, social and cultural rights, to the methods of ensuring the application of these rights at the national and international levels, and to the necessary co-ordination of the activities of the United Nations, the specialized agencies and other international organizations in that field.
221. Several representatives described the various policies, plans and measures adopted by their Governments for the purpose of improving the well-being of the people and securing for all the enjoyment of human rights and fundamental freedom.
2*2. Many representatives believed that the role of the Commission on Human Rights should be to concentrate on promoting the fundamental rights of the individual. It was in this context that it should set the task of deciding how it might most effectively contribute to the realization of economic, social and cultural rights. It was further stated that the Commission should not duplicate the work done by other organs but should rather complement such activities by devoting its efforts to determining the basic concepts of human rights in this area.
22J. At the 1227th meeting, on 27 March 1973, India, Nigeria, the United Kingdom of Great Britain and Northern Ireland and the United States of America submitted draft resolution E/CN.4/L.1251.
224. At the 1228th meeting, on 27 March 1973, Pakistan introduced oral amendments to the draft resolution; these were subsequently incorporated in the draft resolution and Iran and Pakistan became co-sponsors of the revised text (E/CN.4/L. 125l/Rev. l).
225. At the 1228th meeting, Chile and Romania submitted amendments to the draft resolution, in documents E/CN.4/L.I253 and E/CN.4/L.1254 respectively.
-40- 226. At the 1230th meeting, on 28 March 1973s the sponsors orally revised the draft resolution, incorporating the amendments submitted by Chile and Romania.
227. At the 1230th and 1231st meetings, the Director of the Division of Human Eights explained the financial implications of the draft resolution, a statement of which was subsequently submitted to the Commission In document E/CK.4/L.1257« He stated that the secretariat, within the limits of its financial and staff resources, would continue to give the Special Rapporteur all possible assistance. Some members of the Commission referred to the considerable financial implications involved and expressed the hope that steps would be taken towards economizing the resources which would be used in the completion of the study.
228. At the 1233rd meeting, on 30 March 19735 the Commission adopted the revised draft resolution (E/CH.4/L.125l/Rev.2) without a vote.
229. For the text of the resolution, see below, chapter XX, resolution 14 (XXIX).
-41- X. QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS INCLUDING POLICIES OF RACIAL DISCRIMINATION AND SEGREGATION AND OF APARTHEID, IN ALL COUNTRIES, WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
230. The Commission considered sub-items (a), (b) and (c) of agenda item 10 at its 1229th, 1232nd, 1233rd and 1235th to 1238th meetings, held on 28, 29 and 30 March and 2 and 3 April 1973-
231. It heard the representatives of the following non-governmental organizations in consultative status; Anti-Slavery Society (l232nd and 1233rd meetings), International Federation for the Rights of Man (l232nd meeting) and International Student Movement for the United Nations (l232nd and 1233rd meetings).
232. In connexion with agenda item 10 as a whole, the Commission had before it the seventh supplementary list of decisions relevant to this question adopted by United Nations bodies during the year 1972 (E/CN.4/923/Add.6). The Commission also had before it the report of the Special Committee on Apartheid on the maltreatment and torture of prisoners and detainees (A/8770 and Add.l), transmitted to the Commission at the request of the General Assembly in resolution 2923 A (XXVIl). In addition, the Commission had before it a note by the Secretary-General (E/CN.4/L.1225 and Add.l) containing comments received from Member States concerning the report of the Ad Hoc Working Group of Experts of the Commission on the question of apartheid from the point of view of international penal law (E/CN.4/IO75 and Corr.l).
A. Report of the Ad Hoc Working Group of Experts prepared in accordance with Commission resolution 7 (XXVIl)
233- The Commission had before it the report of the Ad Hoc Working Group of Experts established under Commission resolution 2 (XXIIl), prepared in accordance with Commission resolution 7 (XXVIl) of 8 March 1971 (E/CN.4/1HI). In that resolution, the Commission had decided that the Working Group should continue surveying developments in the areas and fields mentioned in paragraphs 3 (i) "to (iv) of Commission resolution 2 (XXIV) and in paragraph 3 of Commission resolution 21 (XXV) with particular reference to grave manifestations of colonialism and racial discrimination present in the situation prevailing in Namibia, Southern Rhodesia, Angola, Mozambique and Guinea (Bissau), resulting from the actions of the illegal South African régime in Namibia, the illegal minority régime in Southern Rhodesia and the Portuguese régime in Angola, Mozambique and Guinea (Bissau). The Group was requested to remain active and vigilant in its observation of colonial and racially discriminatory practices in Africa, and to submit a report including conclusions and recommendations to the twenty-ninth session of the Commission.
234* At its 1237th meeting on 3 April 1973» the Commission was seized of the text of a letter dated 31 March 1973 addressed to the Chairman of the Commission by the permanent representative of Portugal to the United Nations Office at Geneva (E/CN.4/1126) concerning the report of the Ad Hoc Working Group of Experts.
235. At the 1232nd meeting on 29 March 1973 Mr. Ermacora, speaking in his capacity as a member of the Group, introduced the report of the Working Group, drawing particular attention to specific conclusions and recommendations contained in the report (E/CN.4/1III, chap. VI). -42- 236. Many representatives expressed their appreciation of the report of the Ad Hoc Working Group which, in their opinion, contained factual and significant information on the living conditions of the majority of the population in southern Africa and the African territories under Portuguese domination, and on their unremitting struggle for the respect of their human rights and the recognition of their right to self-determination. They said that the Group had accomplished a most useful work in exposing the gross and flagrant violations of human rights which were continuing to take place in those territories, and that its report should contribute to awaken the conscience of mankind and draw public attention to the deplorable situations prevailing in those areas. It was suggested that the report should be made available to the forthcoming International Conference of experts for the support of victims of colonialism and apartheid in southern Africa, to be held at Oslo.
237- It was emphasized by several representatives that the activities of the Working Group of Experts constituted an effective contribution to the overall effort needed to achieve the aims and objectives of the Decade for Action to Combat Racism and Racial Discrimination. It was therefore believed that the Working Group should be given a new mandate in order to be able to continue to observe and survey further developments in the policies and practices which interfere with human rights in southern Africa and the African territories under Portuguese domination.
238. Many speakers referred to the shocking evidence found in the report of repressive police measures, inhuman and degrading treatment suffered by political prisoners, death sentences, summary executions of freedom fighters, mass killings and atrocities, punitive military operations including inconsiderate bombardment and use of poisonous chemical substances, and other blatant violations of human rights perpetrated by the racist and colonial régimes in southern Africa and in the African territories under Portuguese domination. It was felt that the Commission on Human Rights should act upon the recommendations of the Working Group of Experts with a view to putting an end to this intolerable state of affairs.
239' At the 1235th meeting, on 2 April 1973s Chile, Egypt, Ghana, India, Nigeria, Pakistan, Philippines, United Republic of Tanzania and Zaire submitted a draft resolution (E/CN.4/L.I258), of which Mauritius later became a co-sponsor.
240. Some representatives, while in general agreement with the humanitarian purposes of the draft resolution, expressed doubts about the validity of certain conclusions and recommendations of the Ad Hoc Working Group of Experts on which several provisions of the draft resolution were based. They pointed out that the Commission was not in a. position to verify the accuracy of the evidence gathered by the Group and that the Group itself was subjected to some limitations in its access to information. They also felt that certain paragraphs of the draft resolution, which had political and legal implicati ons, went beyond the competence of the Commission.
241. At the 1236th meeting, on 2 April 19739 the Director of the Division of Human Rights explained the financial implications of draft resolution E/CN.4/L.1258. A statement of financial implications was subsequently circulated in document E/CN.4/L.1266.
242. In the light of the discussion, and after consultations with the representative of Norway, the sponsors of the draft resolution submitted a revised text (E/CN.4/L.1258/Rev.l).
-43- 243. At the 1237th meeting the Commission voted on the revised draft resolution. At the request of the representative of the Netherlands separate votes were taken on operative paragraphs 3s 5 and 10» The votes were taken "by roll-call, at the request of the representative of Ghana.
244- Operative paragraph 3 was adopted by 21 votes to none, with 9 abstentions. The voting was as follows;
In favour; Bulgaria, Byelorussian Soviet Socialist Republic, Chile, Egypt, Ghana, India, Iran, Iraq, Lebanon, Mauritius, Nigeria, Norway, Pakistan, Philippines, Romania, Senegal, Tunisia, Turkey, Union of Soviet Socialist Republics, United Republic of Tanzania, Zaire
Against : None
Abstaining; Austria, Ecuador, Prance, Italy, Netherlands, Nicaragua, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela.
245» Operative paragraph 5 was adopted by 21 votes to one, with 8 abstentions. The voting was as follows:
In favour: Bulgaria, Byelorussian Soviet Socialist Republic, Chile, Egypt, Ghana, India, Iran, Iraq, Lebanon, Mauritius, Nigeria, Norway, Pakistan, Philippines, Romania, Senegal, Tunisia, Turkey, Union of Soviet Socialist Republics, United Republic of Tanzania, Zaire
Against : United States of America
Abstaining: Austria, Ecuador, Prance, Italy, Netherlands, Nicaragua, United Kingdom of Great Britain and Northern Ireland, Venezuela.
246. Operative paragraph 10 was adopted by 21 votes to none, with 9 abstentions. The voting was as follows:
In favour: Bulgaria, Byelorussian Soviet Socialist Republics, Chile, Egypt, Ghana, India, Iran, Iraq, Lebanon, Mauritius, Nigeria, Norway, Pakistan, Philippines, Romania, Senegal, Tunisia., Turkey, Union of Soviet Socialist Republics, United Republic of Tanzania, Zaire
Against : None
Abstaining: Austria, Ecuador, Prance, Italy, Netherlands, Nicaragua, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela.
247. Draft resolution E/CN.4/L.1258/Rev.l as a whole was adopted by 22 votes to none, with 8 abstentions. The vote was taken by roll-call at the request of the representative of Ghana. The voting was as follows:
In favour; Bulgaria, Byelorussian Soviet Socialist Republic, Chile, Egypt, Ghana, India, Iran, Iraq, Lebanon, Mauritius, Netherlands, Nigeria, Norway, Pakistan, Philippines, Romania, Senegal, Tunisia, Turkey, Union of Soviet Socialist Republics, United Republic of Tanzania, Zaire
-44- Against : None
Abstaining; Austria, Ecuador, Prance, Italy, Nicaragua, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela.
248. For the text of the resolution see below chapter XX, resolution 19 (XXIX). See also chapter XXI, section B, decision 4«
249* At the 1237th meeting the question was raised what action the Commission should take in response to the letter addressed to the Chairman of the Commission by the permanent representative of Portugal to the United Nations Office at Geneva (E/CN.4/1126). In the opinion of several speakers the contents of the letter reflected on the integrity of the Ad Hoc Working Group of Experts and, by implication, of the Commission. Some members of the Commission decisively rejected the letter and declared that it was offensive to the Working Group and did not deserve to be considered by the Commission.
250. The representative of Pakistan, speaking also on behalf of Ghana and Nigeria, orally introduced a draft resolution, which was adopted without a vote.
251. For the text of the resolution see below, chapter XX, resolution 18 (XXIX).
252. At the 1237"th meeting the representative of Ghana, speaking also on behalf of Egypt, Mauritius and Nigeria submitted a draft decision (E/CN.4/L.I264) concerning the future composition of the Ad Hoc Working Group of Experts. Zaire joined as co-sponsor of the draft decision.
253« Draft decision E/CN.4/L.1264 was adopted without a vote.
254- For the text of the decision see below, chapter XX, section B, decision 4 (a.).
255* At the 1238th meeting, on 3 April 1973s the representative of Nigeria, speaking also on behalf of Ghana., proposed that the Commission should adopt a decision placing on record its warm appreciation of the contribution made by the outgoing experts, Mr. Ibrahima Boye of Senegal, Chairman of the Working Group from its inception, and Mr. Luis Marchand-Stens of Peru.
256. The proposed decision was a.dopted without a. vote.
257- For the text of the decision, see below chapter XX, section B, decision 4 (to)•
B. Study of situations which reveal a. consistent pattern of gross violations of human rights, as provided in Commission resolution 8 (XXIIl) and Economic and Social Council resolutions 1255 (XLII) and 1505 (XLVIIlT
258. The Commission had before it chapters V and VI of the report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its twenty-fifth session (E/CN.4/11OI).
259• It was acknowledged by various speakers that nearly 25 years after the adoption of the Universal Declaration of Human Rights there was an increased awareness everywhere of the importance of upholding human rights and fundamental freedoms, and that it would prove more and more difficult for governments to deny these rights and freedoms to their peoples. However, there were still many areas in the world where those rights and freedoms were violated.
-45- 260. The view was expressed that the Commission should focus its attention on mass violations such as apartheid, racism and colonialism. Particular reference was made to the policy of apartheid in South Africa, which pervaded all aspects of life and constituted a most flagrant pattern of systematic violations of human rights, and to the colonial policy of Portugal which was in complete disregard of the principles of the United Nations Charter and of numerous United Nations resolutions.
261. Mention was also made of violations of human rights and fundamental freedoms in certain countries, including instances of brutal military and police repression against students and workers demanding the restoration of basic human rights and freedoms in their country or protesting against wars of aggression and colonial oppression, cases of torture and ill-treatment of political prisoners and measures affecting the rights of minority groups.
262. Notably, some representatives made reference to the situation which had prevailed in Greece since the military coup d'etat of 21 April 1967. It was pointed out that this situation represented an unfortunate setback in relation to basic human rights and fundamental freedoms in a country with democratic traditions, and the hope was expressed that the drawing of the Commission's attention to the situation in Greece would contribute to a speedy restoration of basic human rights. At the 1233rd meeting, on 30 March 1973> the representative of Greece rejected as totally unfounded the accusations made against his country which, in his opinion, had a purely political motivation.
263. In the course of the discussion, allegations of violations of human rights were made against certain governments. Those allegations, as well as the replies made thereto by the representatives of or observers for governments in the Commission are summarized in the records of the meetings (E/CN.4/SR.1232 and 1233)•
264. At the 1229th meeting, on 28 March 1973? statements were made by the observers from two non-governmental organizations in consultative status, the All-Pakistan Women's Association and the All-India Women's Conference, as well as by the Director-General, Ministry of Foreign Affairs of Bangladesh, concerning certain questions affecting human rights in the sub-continent. The representatives of Pakistan and India also made statements in this connexion. These statements are summarized in the record of the meeting (E/CN.4/SR.I229).
265. Some members, referring to paragraph 4 of resolution 2 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, expressed concern about the delay in dealing with communications under Economic and Social Council resolution I5O3 (XLVIIl). They felt that the Sub-Commission should take account of the urgency of some of the situations brought to its attention.
C. Model rules of procedure for United Nations bodies dealing with violations of human rights
266. In accordance with resolution 14 (XXVIl) of the Commission, a working group of five of its members was established to meet before the twenty-eighth session to examine the model rules of procedure prepared by the Secretary-General in accordance with Commission resolutions 8 (XXV) and 9 (XXVl), and to report to the Commission. The working group submitted a report to the Commission at its
-46- twenty-eighth session (E/CN.4/1O86). The Commission also had before it the preliminary draft of the model rules prepared by the Secretary-General (E/CN.4/l02l/Rev.l) and the comments of the Member States on this preliminary draft (E/CN.4/1071 and Add.l to 4). At its twenty-eighth session the Commission postponed consideration of the item to the twenty-ninth session.
267. At the 1233rd meeting, on JO March 1973» "the representative of Chile introduced a draft resolution (E/CN.4/L.1255), co-sponsored by Austria, Chile, Ghana, Netherlands and Pakistan. The attention of the Commission was drawn to the fact that, owing to lack of time, the working group established under Commission resolution 14 (XXVIl) had not completed consideration of the draft model rules of procedure and that it would be appropriate for it to meet again immediately before the thirtieth session of the Commission with a view to continuing and completing the examination of the draft model rules.
268. One representative expressed the view that there was no need for the adopt, of the draft model rules since United Nations bodies could devise their own rul of procedure.
269. At the same meeting the Director of the Division of Human Rights indicated the financial implications of the draft resolution, a statement of which was subsequently circulated (E/CN.4/L.I261).
270. At the 1233r 271. For the text of the resolution, see below chapter XX, resolution 15 (XXIX) -47- XI. THE HOLE OF YOUTH IN THE PROMOTION AND THE PROTECTION OF HUMAN RIGHTS 272. The Commission considered agenda item 17 at its 1234th meeting, on 30 March, and at its 1236th and 1237th meetings, on 2 and 3 April 1973' It discussed sub-item (a), entitled "The question of conscientious objection to military service: report of the Secretary-General" together with sub-item (b), entitled "Teaching of human rights in universities, and development of an independent scientific discipline of human rights: report of UNESCO". 273' In connexion with sub-item (a) of agenda item 17, the Commission had before it a report of the Secretary-General (E/CN.4/IH8 and Add.l and 2), containing information on conscientious objection included in the country monographs prepared in connexion with the Study of Discrimination in the Matter of Religious Rights and Practices, 2_3_/ and information received from Governments in response to a request from the Secretary-General. With respect to sub-item (b), it had before it a report of UNESCO (E/CN.4/1119 and Corr.l and 2) summarizing a survey on the teaching of human rights in faculties of law and political science throughout the world. The Commission also had before it two statements submitted by non governmental organizations in consultative status (E/CN.4/NGO/17I and E/CN.4/NGO/175). 274- During the debate on this item, the Commission heard, (at its 1234th meeting,) the representatives of Belgium and of UNESCO, and, at its 1237th meeting, the representatives of the following non-governmental organizations in consultative status: All-India Women's Conference, Friends' World Committee for Consultation, International Commission of Jurists and International Student Movement for the United Nations. A. The question of conscientious objection to military service 275' Some members took the position that, although conscientious objection was not a right specifically defined in any of the international instruments on human rights, the issue of conscientious objection to compulsory military service involved questions of fundamental human rights, in particular in relation to the right to life and the right to freedom of thought, conscience and religion. 276. Other representatives disagreed and stated that the refusal to defend one's homeland was an unethical act and that such refusal could not be deemed to raise a human rights question. They considered that everyone had a duty to oppose wars of aggression, colonialism and apartheid. In support of this position, some members referred to the limited manpower resources of developing countries, which were often the victims of such wars. 277- Some members observed that the Commission was not competent to consider the question of conscientious objection because in their view the question of military service fell within the domestic jurisdiction of States, in the context of paragraph 7 of Article 2 of the United Nations Charter. Others felt that it was appropriate for the Commission to call on Governments to take action to promote and protect the human rights of persons residing within their borders. 23/ United Nations publication, Sales No.: 60.XIV.2. -43- 278. It was said by some speakers that the increasing support for the principle of conscientious objection, on moral grounds, by the youth of the world, contributed to the goals of peace and mutual understanding among peoples. Others felt that peace could be achieved only by positive acts such' as disarmament and decolonialization. 279- A joint draft resolution, containing a recommendation to the Economic and Social Council for action by the General Assembly (E/CN.4/L.I256) was submitted by the representatives of Austria and the Netherlands. 280. The sponsors of the draft resolution accepted oral amendments by the representative of Egypt replacing the words "this context" by the words "certain countries" in the fourth preambular paragraph and adding the words "where this problem exists and" after the words "Member States" in operative paragraph 2. 281. At its 1237th meeting on 3 April 1973s °n the proposal of the representative of the Union of Soviet Socialist Republics, the Commission decided by 15 votes to 9, with 4 abstentions, to defer to its thirtieth session consideration of the question of conscientious objection to military service. B. Teaching of human rights in universities, and development of an independent scientific discipline of human rights 282. Members of the Commission noted that the UNESCO survey (E/CN.4/III9 and Corr.l and 2) had indicated that the teaching of human rights was a comparatively recent development. They differed on the question whether human rights could be considered an independent scientific discipline. while some members took the position that human rights constituted a subject mainly related to the study of the law in its various fields, others emphasized that inherently they involved an interdisciplinary study. It was noted by several members that more research should be undertaken with a view to establishing the terms of reference of the proposed independent scientific discipline of human rights. 283. Many representatives expressed the view that UNESCO should continue its activities concerning the teaching of human rights, and members endorsed the UNESCO fellowship programme of training in human rights for teachers from various parts of the world. While some members proposed that UNESCO should continue to prepare material for the teaching of human rights at the university level, others noted that this might constitute an unwarranted interference with the content of the courses being taught at that level, and also pointed out that it was unrealistic to prepare universal teaching material in isolation from the philosophical, economic, social and legal concepts existing in the various countries. 284. Some members were of the opinion that the United Nations University, established under General Assembly resolution 2951 (XXVIl), would be the appropriate centre for teaching and research in the field of human rights. Others stated that they disagreed with the establishment of the United Nations University and therefore could not support proposals regarding the courses to be taught in that institution. -49- 285- The representatives of Chile, Prance, Ghana and Tunisia submitted a joint draft resolution (E/CN.4/L.1262). The representatives of Austria and the Netherlands made oral proposals, and subsequently became co-sponsors of the revised text of the joint draft resolution (E/CN.4/L.1262/Rev.l). 286. The co-sponsors subsequently revised operative paragraph 1 of their revised text to read as follows. "1. Requests UNESCO to continue to extend its activities in these fields and, in particular, to encourage teaching and research in human rights in universities and to this end to accelerate the preparation of appropriate material for the teaching of human rights in universities, for the guidance of universities and institutes in which the various legal, scientific, technical and other disciplines are taught." 287. At its 1237th meeting, on 3 April 1973s the Commission adopted without a vote joint draft resolution E/CN.4/L.1262/Rev.l as orally revised. Some representatives made reservations, which may be found in the summary record of the meeting (E/CN.4/SR.I237). 288. For the text of the resolution, see below, chapter XX, resolution 17 (XXIX). See also chapter XXI, section B, decision 3- XII. HUMAN EIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS 289. The Commission considered item 11 of its agenda at its 1238th meeting on 3 April 1973. 290. In paragraph 12 of its resolution 10 (XXVIl), the Commission had decided to retain the question of human rights and scientific and technological developments as a standing item on its agenda. 291. The Commission had before it a note by the Secretary-General (E/CN.4/1O83 and Add.l and 2) and a report of the Secretary-General entitled "The impact of scientific and technological developments on economic social and cultural rights" (E/CN.4/IO84), which had been submitted to but not considered by the Commission at its twenty-eighth session. 292. The Commission also had before It two reports on this question prepared for the current session. The first (E/CN.4/III5) dealt with the impact of science and technology on the right to work and certain related rights listed in paragraphs 1 to 4 of article 23 of the Universal Declaration of Human Eights, and upon the right to housing as a further aspect of the right to a standard of living adequate for health and well-being. The second (E/CN.4/IU6 and Add. 1 to 3 and Add.3/Corr.l) concerned respect for the privacy of individuals and the integrity and sovereignty of nations in the light of advances in recording and other techniques. The report inter alia, contained suggestions for international action and points for possible inclusion in draft international standards concerning respect for the privacy of the individual. 293. Some members were of the opinion that, in the light of General Assembly resolution 3026 B (XXVIl), in paragraph 4 of which the Assembly requested the Commission to accelerate its work on this question, the Commission should undertake an extensive consideration of the agenda item at the present session. Others, while noting the importance of the item, stated that there was not sufficient time to examine the question of human rights and scientific and technological developments. 294. At its 1238th meeting the Commission heard the representative of Pax Bomana, a non-governmental organization in consultative status. 295. The representative of India orally proposed that further consideration of the item be postponed to the Commission's thirtieth session, and agreed with the proposal of the representative of Chile that the item should be given high priority. 296. At its 1238th meeting, on 3 April 1973s the Commission adopted the proposal of India, as amended, by 19 votes to 3, with 5 abstentions. -51- XIII. REVIEW OP THE HUMAN RIGHTS PROGRAMME, ESTABLISHMENT OF PRIORITIES AND CONTROL AND LIMITATION OP DOCUMENTATION 297- The Commission considered agenda item 12 at its 1239th meeting, on 4 April 1973- 298. Owing to lack of time, the Commission had been unable to consider the question of the human rights programme, establishment of priorities and control and limitation of documentation at its twenty-seventh and twenty-eighth sessions. 299' The Commission had before it a note by the Secretary-General dealing with various decisions of the Economic and Social Council, the General Assembly and the Commission on the Status of Women which had been submitted to the Commission at its twenty-eighth session (E/CN.4/IO8O and Add.l), as well as a note concerning decisions of the various bodies since then, including certain decisions of the Council relating to the rationalization of its work and that of its subsidiary organs and the question of the frequency of sessions of the Commission (E/CN.4/H14)« It also had before it a note by the Secretary-General on the form of presentation of the United Nations budget and consideration of the budget cycle (E/CN.4/lH4/Add.l). 300. As regards the control and limitation of documentation the Economic and Social Council, in resolution I693 (LIl), of 2 June 1972, directed the Ad Hoc Committee on Periodic Reports of the Commission on Human Rights to hold a special session in January 1973 to examine the effectiveness of the present system of collecting and disseminating information about the realization of human rights, giving particular attention to the Yearbook on Human Rights and its relation to periodic reports on human rights. The Commission had before it the report of the Ad Hoc Committee on Periodic Reports on its special session (E/CN.4/HO4) « 301. In the course of the discussion reference was made to the work of the Ad Hoc Committee on Periodic Reports at its special session in January 1973• Several representatives commended the recommendations made by the Ad Hoc Committee in paragraph 27 of its report. Other representatives observed that these recommendations had largely been taken Into account in the constructive work accomplished by the Ad Hoc Committee at its regular session in February 1973- However, some representatives stated that those recommendations might not assist very much in improving the system of gathering and disseminating information on human rights. 302. It was pointed out that ways and means should be found to persuade a greater number of Member States to contribute to the reporting system, which was considered by some representatives to be one of the few means for following national and international developments in the field of human rights. 303. References were also made to the necessity of improving the Yearbook on Human Rights and in this connexion representatives referred to the recommendation made by the Ad Hoc Committee at its special session. In addition, the opinion was expressed that information from Governments should continue to be used in the Yearbook. It was argued, however, that if the Yearbook consisted of concise narrative accounts by Governments of legislative and other developments, it would tend to duplicate the periodic reports system. 304. At the 1239th meeting; the representatives of Prance, the United States of America and the United Kingdom of Great Britain and Northern Ireland, joined by- India and Italy, submitted draft resolution E/CN.4/L.1260 concerning the Yearbook on Human Rights. 305. At the same meeting the Commission voted on draft resolution E/CN.4/L.1260. At the request of the representative of the Union of Soviet Socialist Republics, a separate vote was taken on operative paragraph 7« Operative paragraph 7 was adopted by 20 votes to 3, with 2 abstentions. 306. The draft resolution as a whole was adopted by 24 votes to none, with 3 abstentions. 307. Por the text of the resolution see below, chapter XX, resolution 21 (XXIX). See also chapter XXI, section A, draft resolution XI. 308. At the 1239"th meeting the representatives of Chile, Ecuador, Ghana, India, Netherlands and Nigeria submitted draft resolution E/CN.4/L.I263 on the periodicity of the sessions of the Commission on Human Rights and its subsidiary bodies, and orally amended operative paragraph 1 thereof by deleting the words "as well as maintaining the annual session". In connexion with the question of the length of the sessions of the Commission on Human Rights, the view was expressed that they should not exceed five weeks; as for the periodicity of the sessions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, one representative pointed out that it would be expedient for the Sub-Commission to meet once every two years. 309. At the same meeting the Commission adopted draft resolution E/CN.4/L.I263 without a vote. 310. For the text of the resolution, see below, chapter XX, resolution 20 (XXIX). See also chapter XXI, section B, decision 5» 311. At the 1239"th meeting the representatives of Prance, Italy, Philippines and Romania submitted draft resolution E/CN.4/L.1265 on the rationalization and improvement of the system of periodic reports on Human Rights. 312. At the same meeting the Commission adopted draft resolution E/CN.4/L.I265 without a vote. 313. For the text of the resolution see below, chapter XX, resolution 22 (XXIX). See also chapter XXI, section B, decision 6. -53- XIV. PERIODIC REPORTS ON HUMAN RIGHTS 314- The Commission considered agenda item 14 at its 1239"th meeting, on 4 April 1973. 315' At its twenty-eighth session, owing to lack of time, the Commission was unable to consider the periodic reports on freedom of information for the period 1 July 1967 to 30 June 1970 received from Governments (E/CN.4/1O66 and Add.l to 4, Add.4/Corr.l and. Add.5 to 12) and from specialized agencies (e/CN.4/1O67 and Add.l and 2), an analytical summary of these reports (E/CN.4/IO74), a subject and country index relating to them (E/CN.4/IO73), an up-to-date memorandum on the status of multilateral international agreements in the field of human rights prepared by the Secretary-General in accordance with Economic and Social Council resolution IO74 C (XXXIX) (E/CN.4/907/Rev.8 and Corr.l), and the report of the Ad Hoc Committee on Periodic Reports on the work of its 1972 session (E/CN.4/IO85), including a proposed, draft resolution in paragraph 34 thereof. 316. The Commission also had. before it the following documents, (a) reports on civil and political rights, including the right of self-determination and the right to independence, for the period 1 July 1968 to 30 June 1971? received from the Governments of Austria, Barbados, Belgium, Bhutan, Brazil, Byelorussian Soviet Socialist Republic, Canada, Cyprus, Czechoslovakia, Denmark, Ecuador, Fiji, Finland, Germany (Federal Republic of), Hungary, Iran, Italy, Jamaica, Kenya, Kuwait, Luxembourg, Madagascar, Malaysia, Netherlands, New Zealand (also in respect of Niue and Tokelau Islands), Nicaragua, Norway, Oman, Pakistan, Poland, Romania, Singapore, Sri Lanka, Switzerland., Tunisia, Ukrainian Soviet Socialist Republic, United. States of America and Zambia (E/CN.4/1098 and Add.s.1-17); (h) reports on civil and political rights for the period from 1 July I968 to 30 June 1971 received from the following specialized agencies. International Labour Organisation, Universal Postal Union, United Nations Educational, Scientific and. Cultural Organization and. Vorld. Meteorological Organization (E/CN.4/HOO and Ad.d.1); (c) an analytical summary of the reports on civil and political rights, including the right of self-d,etermination and the right to independence, for the period, 1 July 1968 to 30 June 1971 (E/CN.4/HO3) ; (d) a subject and country index to the aforementioned reports on civil and political rights (E/CN.4/1IO2); (e) an up-to- date memorandum on the status of multilateral international agreements in the field, of human rights (E/CN.4/907/Rev.9) ; (f) the report of the Ad Hoc Committee on Periodic Reports on the work of its 1973 session (e/CN.4/1121); (g) contribu tions received. und.er the terms of Economic and. Social Council resolution IO74 C (XXXIX) from non-governmental organizations in consultative status and Governments comments thereon. 317- Several representatives expressed regret that only a relatively limited number of Governments had submitted periodic reports. They emphasized that if the report ing system was to be really useful and meaningful all Governments should be persuaded to submit periodic reports. It was further stated, that the contents of these reports should meet the goals outlined, in Economic and Social Council resolution 1074 C (XXXIX) which stated, that the reporting system was not only a source of information, but also a valuable incentive to Governments' efforts to protect human rights and. fundamental freedoms. The representative of the USSR objected, to the adoption of the draft resolutions contained, in the reports of the Ad Hoc Committee on its 1972 and 1973 sessions (E/CN.4/IO85 and E/CN.4/1121) because the Commission had not considered, those reports and many elements in the draft resolutions were controversial. -54- 318. Reference was made to the role of non-governmental organizations in consulta tive status in the reporting system, and to the fact that since the circulation of their contribution was restricted, they were not stimulated to submit informa tion. One representative expressed doubts as to the role of several non governmental organizations in the system of periodic reports. 319» At its I239"th meeting the Commission adopted without a vote the two draft resolutions recommended by the Ad Hoc Committee on Periodic Reports on Human Rights, in paragraph 34 of its report for 1972 (B/CN.4/1O85) and. in paragraph 25 of its report for 1973 (E/CN.4/1121). 320. The representative of the Union of Soviet Socialist Republics stated, that had a vote been taken his delegation would, have abstained in the voting on both draft resolutions. 321. For the text of the resolutions, see below, chapter XX, re solutions 23 (XXIX) and. 24 (XXIX). See also chapter XXI, section B, decision 7« -55- XV. ADVISORY SERVICES IF THE FIELD OF HUMAN RIGHTS 322. The Commission considered, agenda item 19 at its 1212th meeting on 15 March 1973 • 323. The Commission d.ecided, at its twenty-eighth session to postpone to its twenty-ninth session consideration of the item on advisory services in the field, of human rights. It had, therefore, at its twenty-ninth session the report of the Secretary-General on the programme of advisory services submitted to the twenty-eighth session (E/CN.4/1O87). 324. The Commission also had, before it a report of the Secretary-General d.ealing with the relevant decisions of the Economic and. Social Council at its fifty-second session and of the General Assembly at its twenty-seventh session and. with the 1972 advisory services programme and programme plans for 1973 and. thereafter (E/CN.4/1122). It had before it further the" reports of the human rights seminars held in 1972: in Vienna (Austria) on human rights and scientific and. technological developments (ST/tA0/HR.45)s and in Istanbul (Turkey) on the status of women and family planning (ST/TAO/HR.46). 325. At its 1212th meeting, the Commission agreed, to take note of the reports of the Secretary-General on advisory services in the field of human rights (E/CN.4/1O87 and E/CN.4/ll22). XVI. FURTHER PROMOTION AND ENCOURAGEMENT OP RESPECT FOR HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 326. In resolution 8 (XIX), the Commission decided to continue the study of measures directed toward.s the acceleration of the development of respect for, and observance of, human rights and. fundamental freedoms and to review the whole question of the future direction of the work of the Commission and of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, taking as a basis 'the rights enumerated, in the Universal Declaration of Human Rights. The Commission was unable to consider the item at its twentieth or twenty-first sessions, held, in 1964 and. 1965. The General Assembly, in resolution 2027 (XX) of 18 November 1965, invited, the Economic and Social Council to request the Commission to continue its consideration of the question of the further promotion and encouragement of respect for human rights and. fundamental freedoms. In resolution 16 (XXIl) of 2 April 1966, the Commission decided to consider this item at its twenty-third session. Since the Commission's twenty-third session consideration of the item has been successively postponed to the following session. 327. The Commission had. before it a statement from a number of non-governmental organizations in consultative status (e/CN.4/NGO/172). 328. At its 1239th meeting the Commission d.ecid.ed to defer consideration of this question - agenda item 20 - to its thirtieth session. -56- XVII. ELECTION TO PILL TV/O VACANCIES IN THE MEMBERSHIP OP THE SUB-COMMISSION ON PREVENTION OP DISCRIMINATION AND PROTECTION OP MINORITIES 329. At its twenty-eighth session, in 1972, the Commission on Human Rights, in accordance with Economic and. Social Council resolution 1334 (XLIV) of 31 May I968, elected. 26 members of the Sub-Commission on Prevention of Discrimination and. Protection of Minorities for a term of three years, from nominations of experts made by States Members of the United, Nations on the following basis; from the Afro-Asian group of States, 12 members; from western European and, other States, six members; from Latin American States, 5 members; from eastern European States, three members. 330. It was agreed, at the same session, that the 12 members of the Sub-Commission to be elected from the Afro-Asian group of States would 331- Owing to the d.eath of Mr. Ahmed. Kettani (Morocco) and the resignation of Mr. Robert Rhodes James (United, Kingdom), the Commission on Human Rights, at its twenty-ninth session, was called, upon, under item 23 of its agenda, to elect two members of the Sub-Commission to serve for the unexpired, term of office of two years. 332. The Secretary-General received, four nominations from African States, those of Mr. Augustin Portos Ampy (Madagascar), Mr. Roger Magloire Bomba (Central African Republic), Mr. Bernard Gasdem (Chad) and Mrs. Halima Warzazi (Morocco), and. one nomination from western European and. other States, that of Baroness Elles (United Kingdom). Subsequently the Malagasy Government withdrew the nomination of Mr. Augustin Portos Ampy for election to the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/ll25/Add..l). 333- Biographical data concerning the candidates were circulated, in documents E/CN.4/II25 and Add.2 to 4). 334. At its 1239th meeting, on 4 April, the Commission elected Mrs. Halima Warzazi (Morocco) and. Baroness Elles (United. Kingdom) to serve as members of the Sub-Commission on Prevention of Discrimination and. Protection of Minorities for the unexpired term of office of two years. 24/ Official Records of the Economic and. Social Council, Fifty-second. Session, Supplement No.7 (E/5II3), para. 119» -57- XVIII. COMMUNICATIONS CONCERNING HUMAN RIGHTS 335- The Secretary-General distributed to the Members of the Commission confidential lists of communications (HR Communications Lists Nos. 44-47s E/CN.4/CCR/48 to 54), replies of governments (HR Communications Nos. 955 and 969 to 986, and E/CN.4/GR.987 "to IO41), and a confidential document of a statistical nature (E/CN.4/CCR/Stat.l4)). A non-confidential list of communications containing a brief indication of the substance of each communication which dealt with principles involved in the promotion of universal respect for and observance of human rights (E/CN.4/CR.43) was also distributed. XIX. ADOPTION OP THE REPORT 536. At its 1240th, 1241st and 1242nd meetings, on 5 and 6 April 1973s the Commis sion discussed its draft report on the work of its twenty-ninth session. The draft report, as amended in the course of discussion, was adopted. The representa tive of Austria expressed some misgivings as to the adoption of resolutions without a vote. With regard to the interpretation of the resolutions and of the work of the Commission as a whole in matters of legal and political relevance, a vote showed existing diversities of opinions in a better way than a so-called consensus. XX. RESOLUTIONS AND OTHER DECISIONS ADOPTED BY THE COMMISSION AT ITS TWENTY-NINTH SESSION A. Resolutions 1 (XXIX), Draft Programme for a decade for action to combat racism and racial discrimination 25/ The Commission on Human Rights, Recalling its resolution 1 (XXVIII), Mindful of General Assembly resolution 2919 (XXVII) of 15 November 1972 inviting the Economic and Social Council to request the Commission to give the highest priority to the consideration of the draft programme for the Decade and to submit it to the General Assembly at its twenty-eighth session for final consideration, Talcing into consideration tho proceedings of the General Assembly on this question at its twenty-seventh session, Submits tho following draft programme to the Economic and Social Council for submission to tho General Assembly. Draft Programme for a decade for action to combat racism and racial discrimination 1. The United Nations, having solemnly proclaimed, in the Preamble of the Charter, faith in fundamental human rights, in the dignity and worth of the human person, in tho equal rights of men and women and of nations large and small, is determined to. (a) Establish conditions under which justice and respect for obligations arising from treaties and other sources of international law can be maintained: (b) Promote social progress and better standards of life in larger freedom. 2. The United Nations has opposed all manifestations of racial discrimination and ha.s in particular condemned the policy of apartheid and similar policies based on racial theories and, consequently, its competent organs have: (a) Declared thai discrimination between human beings on the ground of race, colour or ethnic origin is an affront to humanity and shall be condemned as a violation of the principles of the Charter of the United Nations and of the human rights and fundamental freedoms proclaimed in tho Universal Declaration of Human Rights, as an obstacle to friendly and peaceful relations among nations and as a factor capable of disturbing peace and security among peoples: 25/ Adopted at the Commission's 1203rd meeting on 9 March 1973" See chap. IV above, paras. 46-50; also annex III below, pa.ras. 4-ll> (b) Declared that any Government or régime whoso official policy or actual practice is based on racial discrimination contravenes the purposes and principles of the United Nations Charter, and called upon then to desist forthwith from pursuing such policies; (c_) Condemned all military, economic or political collaboration with the racist régimes that enables and encourages these régimes to enforce and perpetuate their racist policies, and called for an immediate end to such collaboration; (d_) Reaffirmed time and again the legitimacy of the struggle of all oppressed peoples, in particular in the territories under colonial, racial or alien domination, to obtain racial equality and freedom, and called for increased and continued moral and material support for those peoples. 3. Action has boon taken by a number of countries, as well as international and national institutions, to oppose racial discrimination and promote respect for human rights and fundamental freedoms for all, irrespective of race, religion and language through; (a) The accession, ratification, and implementation of the widely accepted International Convention on the Elimination of All Forms of Racial Discrimination and other international instruments with similar objectives; (b) The continuing efforts of specialized agencies, such as the International Labour Organisation and the United Nations Educational, Scientific and Culture.! Organization and United Nations bodies such as the United Nations Institute for Training and Research; (c_) Instruments, procedures and programmes instituted by regional organizations ; (d) The enactment of legislation and the putting into effect of procedures by Governments to combat racism and improve relations among racial groups ; (e_) Activities carried on internationally or within a particular country to reduce and even eliminate racial hostility and prejudice, protect persons and groups from discrimination, and promote respect for all people regardless of race, colour, descent, national or ethnic origin or other status. 4. The actions referred to in para-graphs 2 and 3 above have been successful in promoting a greater understanding of the fallacy and injustice of racist dogmas and practices but have been disregarded by a number of Governments and racist régimes, and in particular in southern Africa; it is also noted that in several countries, segments of the population have continued to maintain attitudes based on racial prejudice and discrimination. 5- The United Nations is convinced more than ever that the current frustrations and disappointments must not be allowed to discourage the continued national, regional and international efforts to eradicate the evil of ra.cial discrimination in all its forms and to promote harmonious relations between races. 6. The ultimate success of the efforts of the United Nations and other bodies in combating racia.1 discrimination will depend upon: -60- (a) Pull adherence to the purposes and principles of the United Nations Charter in creating conditions of universal respect for and observance of human rights and fundamental freedoms for all, without distinction on tho basis of race, colour, descent, national or ethnic origin or other status; (b) The vigour with which notion is taken by individual Governments and tho degree of co-operation between thorn, inside and outside the United Nations, to fulfil the purposes and principles of tho Charter and to implement the resolutions relating to tho eradication of racist policies and practices, as well as colonialism. 7. To this end, tho General Assembly proclaims the years 1973 to 1983 to bo the Decade for Action to Combat Racism and Racial Discrimination in All its Forms and Manifestations. Goals and objectives 8. Tho ultimate goals of the Decade axe to promote human rights and fundamental freedoms for all, without distinction of any kind such as ra.ee, colour, descent, national or ethnic origin or other status, especially by eradicating ra.cial prejudice, racism and racial discrimination; to arrest any expansion of racist policies, to eliminate the persistence of ra.cist policies and to counteract the emergence of alliances based on mutual espousal of racism and racial discriminai ion; to resist any policy and practices which lead to tho strengthening of the ra.cist régimes and contribute to the sustainnont of racism and racial discrimination; to identify, isolate and dispel the fallacious a.nd mythical beliefs, policies and practices thai contribute to ra.cism and ra.cial dis criminal ion and to put an end to ra.cist régimes. 9. To this end, appropriate mea.suros should bo taken for the full implementation of United Nations instruments and decisions concerning the elimination of racial discrimination and for ensuring support for all peoples striving for ra.cial equality, for the eradication of all forms of ra.cial discrimination, empha.sizing, inter alia., tho education of youth in the spirit of human rights and fundamental freedoms and the dignity and worth of the human person and, particularly, against theories of ra.cism and racial discriminai ion, and for pursuing a vigorous world-wide campaign of information to dispel racial prejudice and to enlighten and involve world public opinion in the struggle against racism and racial discrimination. Policy measures and target dates 10. Tho above goals and objectives call for a continuing effort by all peoples, Governments and institutions to G radie ale ra.cial discrimination and to promote respect for human rights and fundamental freedoms for all, irrespective of race, sex, religion and language, both within their national jurisdiction and universally. 11. To this end, tho following measures need to be taken at the national, regional, international, and United Nations levels. National 12. (a) The preparation and implementation of measures in the economic, social, cultural and political fields that would ensure the full equality of all peoples and individuals, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, "birth, or other status. This would necessitate: (i) No support "being given to Governments or regimes which practise racial discrimination that will enable them to perpetuate racist policies or practices; (ii) In the case of States not parties to the International Convention on the Elimination of All Forms of Racial Discrimination, the urgent enactment as a matter of the highest priority of appropriate legislation and other suitable measures to prohibit and bring to an end racial discrimination, to abrogate, amend, rescind or nullify any policies or regulations which ha.ve the effect of creating or perpetuating ra.cial hatred, and, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights set forth in article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, to declare on offence punishable by law all dissemination of ideas based on racial superiority and hatred; (iii) The consideration by every national and local Government of recourse to procedures to be invoked against any acts of racial discrimina tion which nay be suffered by an individual and which violate his human rights and fundamental freedoms; it is necessary that there should be adequate machinery and procedures for handling such complaints, with ea„sy access thereto, facilitated by all appropriate encouragement and support to persons in the protection of their rights; (iv) Arrangements for granting scholarships by the competent authorities and institutions to the youth of the territories where racial discrimination prevails and in particular by greater contributions to the United Nations Educational and Training Programme for Southern Africa; (v) The encouragenent of the preparation and publication of studies based in particular on the provisions of the United Nations Declaration on the Elimination of All Poms of Racial Discrimination and the International Convention on the Elimination of All Forms of Ra.cial Discrimination; (vi) The wide publicizing of the contents of this programme by Governments and all institutions concerned, using every means at their disposal, including all the appropriate media, of c ommuni c at i on; -62- (vii) Accession to and ratification of the International Convention on the Elimination of All Forms of Racial Discrimination, on a universal basis, and the effective implementation of that Convention, In co-operation with the Committee on the Elimination of Racial Discrimination, in particular by the preparation of full and comprehensive reports under article 9 of the Convention; (viii) No discrimination for any reason or on ajiy ba.sis whatsoever in education ajid school systems; this should be implemented as rapidly as possible during the first half of the Decade; (ix) No discrimination on any of the grounds mentioned above in the laws and policies of immigration; this should be attained as soon as possible and in any event not later than the end of the Deca.de. (b) The inclusion in the curricula of education of children and youth of the subject of human rights, with special emphasis, in the primary stages of education, on the equality of all human beings and the evils of ra.cial discrimina.tion; this should be attained as soon a.s possible during the Deca.de. (c_) The use of available media, of information to educa.te the public continously and systematically in the spirit of respect for human rights and in particular against all policies, pra.ctices and manifestations of racism and ra.cial discrimination; this should be embarked upon as from the first year of the Decade. Regional and international 13. (a) A world conference on combating ra.cism and racial discrimination should be convened by the General Assembly as a major feature of the Deca.de, a.s soon as possible but not later than 1978; the Conference should be action-oriented and the main theme should be a.doption of ways and means for securing the universal implementation of the United Nations resolutions on racial discrimination, apartheid and decolonization, as well as adherence to and ra.tification and enforcement of the instruments on human rights. (b) The convening of international and regional seminars, conferences and other similar activities in line with the goals and objectives of this programme should be undertaken; the Secretary-General should be Informed of all of tho a.ctivities undertaken in this connexion. (c_) The consideration of ways and means to prepa.ro concrete proposals in support of the efforts of all oppressed peoples suffering from racism and ra.cial discrimination, including the establishment of regional funds on a voluntary ba,sis to support the efforts of those peoples, should be undertaken; reports on the subject would be forwarded to tho Secretary-General every two years. (d) Racist régimes should be denied any support or assistance which could enable them to perpetuate ra.cist policies or pra.ctices. (e_) It is essential to provide support and assistance, in accordance with the United Nations Charter and the relevant United Na.tions declara.tions and resolutions, to liberation movements struggling against colonialism and racial discrimina.tion, a.s well as to Governments which wish to embark on concrete programmes to eradicate ra.cia.1 discrimination. -63- (f ) The implementation of United Nations resolutions on the question of the elimination of racial discrimination is imperative ; the regional organizations should he invited by the United Nations to give attention to this question, in order that the total eradication of all forms of racial discrimination may be attained within the shortest possible time. (g) The adoption of new international instruments regarding the elimination of racial discrimination in all its forms and regarding the crime of apartheid should be considered. (h) The co-ordination by all Governments of their activities in the field of information is advisable; such co-ordination should be achieved through the United Notions, the regional organizations or through bilateral or multilateral agreements. United Nations system 14. In addition to the measures referred to above, the following activities should be undertaken by organizations within the United Nations system; (a) Research and study (i) The existing studies and research in the field of apartheid and racial discrimination should be updated and developed. (ii) Student workshops should be organized for the teaching of international law, with particular reference to topics related to 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, as well as the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations which, inter alia, refers to the principle of equal rights and self-determination of peoples. (iii) Further research and publications should be envisaged dealing with racial discrimination in regard, inter alia, to; a.. The right to security of persons and protection by the State, in particular judicial or quasi-judicial guarantees against violence, maltreatment or arbitrary measures exercised by government officials or by any individual, group or institution; b. The right of access to any pla.ce or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks. (iv) Pilot studies on racism and racial discrimination in the economic, political, social, cultural, sociological and other fields should be undertaken, continued and co-ordinated, and special attention should be given to; -64- a. Kinds of situations which load to racism; b. Charting the spread or decline of racism or racial discrimination, diagnosing and detecting the introduction of racism or racial discrimination into any area early enough to permit effective preventive action; c. The propagation, consciously or otherwise, of racial prejudice by the press, cinema and television, in particular in publications and programmes for children and youth; d. The role of education and science, especially social science, in combating racism and racial discrimination and in solving racial problems; e. The preparation and implementation of economic, social and political measures that would ensure the real equality of all peoples and individuals, without distinction of any kind on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; f. Problems of discrimination arising in connexion with immigration and foreign workers; g. The crime of apartheid under international penal law, with particular reference to the responsibility of individuals; h. Problems of racial discrimination arising in connexion with housing, sporting activities, etc.; i. The role of private group action in combating racism and racial discrimination, consistent with the objectives of this programme. (v) Seminars on both the international and regional levels on special aspects of combating racism and racial discrimination and promoting racial harmony should be organized. (vi) The United Nati ons should address an appeal to various scientific international organizations (for example, associations of jurists, sociologists, anthropologists, historians, economists) to devote special efforts during the Decade to the analysis and study of aspects of racial discrimination within their competence. Education, training and information (i) The need for Inter-agency co-ordination and co-operation in the field of education and training on problems and activities concerning the elimination of racial discrimination undertaken in the implementation of the present programme should be identified. -65- (ii) The procedures and types of action used by various agencies in the field of education and training related to racial discrimination with a. view to any necessary harmonization should be examined, in the light of the experience acquired. (iii) New education and information materials should be prepared to dispel racial prejudice and to combat racism and racial discrimina.tion, such as teaching materials for use in every type of institution of learning, at the elementa.ry, secondary and higher levels of e due all on. (iv) Popular publications, films and ra.dio and television programmes should be produced for distribution or broadcasting to the general public. (ç) Int erna.tiona.l funds The General Assembly should establish an international fund on a voluntary basis to help the peoples struggling against racial discrimination and apartheid. (d) Co-ordination, review and appraisal, and reporting (i) The General Assembly shall appoint a Special Committee of ... representatives of States Members of the United Nations, which will assume responsibility (with the assistance of the Secretary-General) for co-ordinating the programmes and evaluating activities under the Decade. The Special Committee shall normally meet once a year. The General Assembly should consider this question annually on the basis of the report of the Special Committee and relevant information from the Economic and Social Council and should review the implementation of this programme, including the activities ofs a.. Government s ; b. The United Nations; c. The specialized agencies, d. Other international organizations. (ii) The Secretary-General should submit an annual report to the General Assembly through the Special Committee during the Decade containing. a.. A summary of actions, suggestions, trends, etc. emerging from tho deliberations of the United Nations organs and bodies and the Committee on the Elimination of Racial Discrimination, as well as from the deliberations of the specialized a.gencies concerned with the question of racial discrimina.tion and apartheid. b. A summary of informa.tion rela.ting to the elimination of ra.cism and racial discrimination received by tho United Nations under the system of periodic reports on human rights. -66- (iii) Governments should forward a report every two years on the action taken under the programme of the Decade, on the "basis of a questionnaire circulated by the Secretary-General. These reports shall be transmitted to the Special Committee for its consideration. (iv) The Special Committee should submit an annual report to the General Assembly during the Decade, containing: a,. An enumeration of the activities undertaken to achieve the objectives of the Decade; b. A review and appraisal of the activities undertaken in connexion with the Deco.de; c. Suggestions and recommendations. (v) The Economic and Social Council would have before it in the first year of the Decade: a. A report from the United Nations Institute for Training and Research on the role it can ploy in the Deca.de; b. A report by the Secretary-General concerning the activities to be carried out under the a.dvisory services programme in the field of human rights during the Deca.dc in regard to the question of the elimination of racial discrimination; c. A report on the role of the Office of Public Information in this respect; d. A report from the Economic and Social Council's Committee on Non-Governmental Organizations on the activities that could be carried out by non-governmental organizations in consultative status with the Council. (vi) The Special Committee should also a.ct a.s the preparatory committee for the World conference to be convened as a. ma.jor feature of the Deco.de. (vii) The Economic and Socio! Council should include in its report to the General Assembly on the above-mentioned questions appropriate recommendations thereon. (viii) The General Assembly should a.ddress itself at the earliest opportunity to the question of ways and means to ensure the implementation of United Nations resolutions on apartheid, racial discrimination and related matters. (ix) The Se cretary-Genoral shall provide the Special Committee with such a.ssistance a.s may be necessary for the performance of its functions; adequate resources would be made available to the Secretary-General for this purpose and generally, to enable him to undertake the activities entrusted to the Secretariat under this programme. -67- 2 (XXIX). Activities of non-governmental organizations to combat racisn and racial discrinination 26/ The Commission on Human Rights, Recalling Economie and Social Council resolutions 1588 (L) and 1591 (l), Ha.ving noted the reports received from non-governmental organizations pursuant to tho aforementioned resolutions. Recommends the following draft resolution for adoption by tho Economic and Social Councili \FOT the text, see chapter XXI below, draft resolution i] 3 (XXIX). Exploitation of labour through illicit and clandestine trafficking 27/ The Commission on Human Rights, Noting General Assembly resolution 2920 (XXVII) and Economic and Social Council resolution 1706 (LIIl), Recommends that the Economic and Social Council should adopt tho following draft resolution. \FOT the text, see chapter XXI below, draft resolution II] 4 (XXIX). Quest ion of the violation of human rights in the territories occupied as a result of hostilities in the Middle East 28~7 The Commission on Human Rights, Guided by the principles and purposes of the Charter of the United Nations, as well as the principles and provisions of the Universal Declaration of Human Rights, Bearing in mind the provisions of the fourth Geneva Convention of 12 August 1949? relative to the protection of civilian persons in time of war, Recalling the pertinent United Nations resolutions on the protection of human rights and the fundamental freedoms of the inhabitants of the occupied Arab territories, 26/ Adopted at the 1204th meeting, on 9 March 1973. See chap. IV above, paras. 53-56. 27/ Adopted at the 1208th meeting, on 13 March 1973- See chap. V above, paras. 91-100. 28/ Adopted at the 1210th meeting, on 14 March 1973- See chap. VI above, paras. 116-123. -68- Further recalling that the General Assembly in its resolution 2949 (XXVTl) declared "that changes carried out by Israel in the occupied Arab territories in contravention of the Geneva Conventions of 1949 are null and void," and called upon all States "not to recognize any such changes and measures carried out by Israel in the occupied Arab territories", Taking note of the reports of the United Hations and other international humanitarian organizations on the situation of the inhabitants of the occupied Arab territories, Greatly alarmed by the continuation of the violations of human rights and fundamental freedoms, by Israel, in the occupied Arab territories, in particular the destruction of houses, expropriation of Arab properties, ill treatment of prisoners, the pillaging of the archeological and cultural heritage and the exploitation of the natural resources of those territories, Deeply concerned by the fact that Israel continues to establish Israeli settlements in the occupied Arab territories, encourages massive immigration to that end, continues to deport and transfer the indigenous Arab population and refuses the return of the refugees and displaced persons to their homes, Convinced that Israel's deliberate policy of annexation and of settlement in the occupied Arab territories is in contravention of the Charter of the United Nations, international humanitarian law and basic human rights and fundamental freedoms, Deploring Israel's persistent defiance of the relevant resolutions of the United Nations and its continued policy of violating the basic human rights of the population in the occupied Arab territories, 1. Deplores Israel's continued grave breaches of the fourth Geneva Convention in the occupied Arab territories, which were considered by the Commission on Human Rights as war crimes and an affront to humanity; 2. Reaffirms that all measures taken by Israel to change the demographic structure and status of the occupied Arab territories, including occupied Jerusalem, are null and void; 3. Co.lls upon Israel to comply with its obligations under the Charter of the United Notions, the Universal Declaration of Human Rights, the principles of international humanitarian law, to abide by its obligations under the fourth Geneva Convention and to respect and implement the relevant United Nations resolutions; 4. Further calls upon Israel to stop immediately the establishment of settlements in the occupied Arab territories and to rescind all policies and measures affecting the physical character and demographic composition of those territories; 5. Calls upon all States to do their utmost to ensure that Israel respects the principles of human rights and fundamental freedoms and that it desists from all acts and policies aimed at changing the physical character and demographic composition of the occupied Arab territ ories, particularly through the establishment of settlements and the deportation and transfer of the Arab population; -69- 6. Considers that Israel's policy of settling parts of its population, including immigrants, in the occupied Arab territories, is a flagrant violation of article 49 of the fourth Geneva Convention, as well as of the relevant United Nations resolutions, and calls upon all States and organizations not to assist Israel in any way to enable it to pursue its policy of colonizing tho occupied Arab territories; 7. Requests the Secretary-General to bring the present resolution to the attention of all Governments, the competent United Nations organs, specialized agencies and regional inter-govornmental organizations, and to give it the widest possible publicity and to report to the Commission on Human Rights at its next session: 8. Decides to place on the provisional agenda, of its thirtieth session, as a. natter of high priority, the item entitled "Questions of tho violation of human rights in the territories occupied a.s a result of hostilities in the Middle East". 5 (XXIX). Draft principles relating to equality The Commission on Human Rights, Having heard the statement of the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on the study on equality in the administration of justice, Having received the comments of several Governments submitted pursuant to resolution 8 (XXVIII) of the Commission on the draft principles relating to equality in the administration of justice (E/CN.4/1112 and Add.1-8), Recommends to the Economic and Social Council the adoption of the following draft resolution for submission to the General Assembly: [For the text, see chapter XXI below, draft resolution III] 6 (XXIX). Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights 50/ Tho Commission on Human Rights, Recommends to the Economic and Social Council the adoption of the following draft resolution: [For the text, see chapter XXI below, draft resolution IV] 29/ Adopted at the 1217th mooting, on 20 March I973. See chap. VII, pa.ras. 132-135? a.bove. j50/ Adopted at the 1217th meeting, on 20 March 1973. See chap. VII, paras. 140-144? above. -70- 7 (XXIX). Study of di scrimination against persons "born out of wedlock and non-discrimination in respect of such persons 51/ The Commission on Hunan Rights, Having heard the statement of Mr. Voitto Saario, the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, introducing his study of discrimination against persons born out of wedlock. Recalling the draft general principles on equality and non-discrimination in respect of persons born out of wedlock set forth in resolution 1 (XIX) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which have not been sent to Governments for comments and observations, Recommends to the Economic and Social Council the adoption of the following draft resolutions [For the text, sec chapter XXI below, draft resolution V] 8 (XXIX). The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live 52/ The Commission on Human Rights, Noting resolution 8 (XXV") of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling Commission resolution 3 (XXIX) Recommends that the Economic and Social Council should adopt the following draft resolutions fPor the text, see chapter XXI below, draft resolution VI ] 9 (XXIX). Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination 557 The Commission on Hunan Rights, Recalling General Assembly resolution 2649 (XXV) of 50 November 1970, by which the Assembly requested the Commission on Human Rights to study the 51/ Adopted at the 1217th meeting, on 20 March 1975. See chap. VII, paras. 162-164 above. 32/ Adopted at the 1220th meeting, on 21 March 1975. See chap. VII, paras. 171-175 above. 13/ Adopted at the 1222nd meeting, on 22 March 1973. See chap. VII, paras. 179-181 above. -71- implementation of the United Hâtions resolutions relating to the right of peoples under colonial and alien domination to self-determination and to submit its conclusions and recommendations to the General Assembly, through the Economic and Social Council, as soon as possible, Further recalling Commission resolution 8 A (XXVII) of 11 March 19719 "by which it inter alia decided to continue consideration of the question, with a view to .appointing a Special Rapporteur at its twenty-eighth session. Bearing in mind that, owing to lack of time, it was not able to consider this item during its twenty-eighth session and decided to postpone its consideration to the present session, 1. Decides to consider this item, as a matter of priority, with a view to appointing a Special Rapport eur, at Its thirtieth session; 2. Requests the Secretary-General to update his reports on this question (E/CN.4/ÏO8I and Corr.l and E/CN.4/±08l/Add.l) and submit them to the Commission on Human Rights at its thirtieth session. 10 (XZEX). The hist orical and current development of the right to self-determination on the basis of the Charter of the United Nations and other instruments adopted by United Nations organs with particular reference to the promotion and protection of human rights and fundamental freedoms 54/ The Commission on Human Rights, Taking note of resolutions 9 (XXIV) of 18 August 1971 and 9 (XXV) of 31 August 1972 adopted by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, recommending the Commission on Human Rights to request the Sub-Commission to place on its agenda the item entitled "The historical and current development of the right to self-determination on the basis of the Charter of the United Nations and other instruments adopted by United Nations organs", Considering that a study of the concept of the right to self-determination would be most useful for the development of friendly relations among nations and for the achievement of international co-operation in the promotion and encouragement of respect for human rights and fundamental freedoms for all, without discrimination as to race, sex, language or religion, 1. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to place on its agenda the item entitled "The historical and current development of the right to self-determination on the basis of the Charter of the United Nations and other instruments adopted by United Nations organs, with particular reference to tho promotion and protection of human rights and fundamental freedoms"; 3_4/ Adopted at the 1222nd meeting, on 22 March 1973. See chap. VII above, paras. 179 and 182-184. -72- 2. Invites the Suh-Comnission to give high priority to this item at its twenty-sixth session and to examine it with a view to establishing the guidelines for a study on this matter, including the possibility of appointing a Special Rapporteur for this purpose; 3. Further invites the Sub-Commission to report on the results of its consideration to the Commission on Human Rights at its thirtieth session. 11 (XXIX). Report-s of the Sub-C ommission on Prevention of Discrimination and Protection of Minorities on its twenty-fourth and twenty-fifth sessions 55/ The Commission on Human Rights? Takes note with appreciation of the reports of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its twenty-fourth and twenty-fifth sessions (E/CN.4/1O7O and Corr.l and E/CN.4/IIOI). 12 (XXIX). Study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedom and non-discrimination in respect of that right 56/ The Commission on Human Rights, Having considered the study of discrimination in respect of the right of everyone to lea.ve any country, including his own, and to return to his country, and the draft principles on freedom and non-discrimination in respect of the right of everyone to leo.ve any country, including his own, and to return to his country, adopted by resolution 2 (XV") of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Halving considered also the comments and observations on the draft principles submitted by States Members of the United Nations or members of the specialized agencies and by non-governmental organizations in consultative status with the Economic and Socio.! Council, Having heard the statement of the Special Rapporteur of the study, Mr. José D. Ingles, introducing his study to the Commission, Recommends to the Economic and Social Council the adoption of the following draft resolution: fFor the text, see chapter XXI below, draft res olution VII1 33/ Adopted at the 1222nd meeting, on 22 March 1973» See chap. VII above, paras. 187-190. 36/ Adopted at the 1223rd meeting, on 23 March 1973» See chap. VIT above, para„s. 153-156. -73- 13 (XXIX). Quest ion of the punishment of war criminals and of persons who have committed crimes against humanity 57 The Commission on Human Rights, Recalling General Assembly resolutions 2583 (XXIV), 2712 (XXV), 2840 (XXVl) and 3020 (XXVII), Having discussed the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, 1. Endorses the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity; 2. Decides to consider at its thirty-first session the question of the punishment of war criminals and of persons who have committed crimes against humanity; 3» Recommends to the Economic and Social Council the adoption of the following draft resolutions [For the text, see chapter XXI below, draft resolution VIII] 14 (XXIX). Question of the realization of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and the study of special problems relating to human rights in developing countries 58/ The Commission on Human Rights, Recalling its resolutions 11 (XXIV), 14 (XXV), 11 (XXVl) and 17 (XXVIl), as well as Economic and Social Council resolutions 1421 (XLVl), 1502 (XLVIIl), 1593 (L) and 1689 (LIl), Recommends to the Economic and Social Council the adoption of the following draft resolutions fFor the text, see chapter XXI below, draft resolution IX] 57/ Adopted at the 1231st meeting, on 29 March 1973• See chap. VIII above, paras. 204-206. 38/ Adopted at the 1233rd meeting on 30 March 1973= See chap. IX above, paras. 223-229, and annex III, paras. 12-15 below. -74- 15 (XXIX). Model rules of procedure for United Nations bodies dealing with violations of human rights 597 The Commission on Human Rights, Recalling its resolution 14 (XXVIl), by which it established a working group of five of its members to meet, if possible, immediately before the twenty-eighth session of the Commission to examine the preliminary draft model rules of procedure for United Nations bodies dealing with violations of human rights (E/CN.4/l02l/Rev.l), Noting the report of the Working Group established under its resolution 14 (XXVIl) and in particular the text of the draft rules adopted by the Working Group (E/CN.4/1O86), Noting also that owing to lack of time the Working Group did not complete the consideration of the draft model rules, 1. Requests the Secretary-General to transmit the report of the Working Group to Member States and to invite them to comment on this report and, if they have not yet done so, on the preliminary draft model rules of procedure prepared by the Secretary-General; 2. Requests the Working Group to meet again immediately before the thirtieth session of the Commission, with a view to continuing and completing the examination of the draft model rules of procedure; 3. Decides to consider this matter as a priority item at its thirtieth session. 16 (XXIX). Draft convent ion on the suppression and punishment of the crime of apartheid 40/ The Commission on Human Rights, Recalling General Assembly resolution 2922 (XXVIl), Having considered the draft convention on the suppression and punishment of the crime of apartheid, and the amendments thereto, 1. Approves the preamble and the articles (excluding article VIIl) of the draft convention on the suppression and punishment of the crime of apartheid, annexed to the present resolution; 2. Recommends to the Economic and Social Council the adoption of the following draft resolutions fFor the text, see chapter XXI below, draft resolution X] 59/ Adopted at the 1235rd meeting, on 30 March 1973* See chap. X above, paras. 267-271 and annex III, paras. 16-19, below. 40/ Adopted at the 1255th meeting, on 2 April 1973» See chap. IV above, paras. 74-78. -75- Annex The States Parties to this Convention, Guided by the Charter of the United Nations, in which all Members pledged themselves to take joint and separate action in co-operation with the Organization for the achievement of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion, Recalling the Universal Declaration of Human Rights, which states that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, such as race, colour or national origin, Recalling the Declaration on the Granting of Independence to Colonial Countries and Peoples, in which the General Assembly stated that the process of liberation is irresistible and irreversible and that, in order to avoid serious cris.es, an end must be put to colonialism and all practices of segragation and discrimination associated therewith, Observing that, in accordance with the International Convention on the Elimination of All Forms of Racial Discrimination, States particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction, Observing that, in the Convention on the Prevention and Punishment of the Crime of Genocide certain acts which may also be qualified as acts of apartheid constitute a crime under international law, Observing that, in the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity, "inhuman acts resulting from the policy of apartheid" are qualified as crimes against humanity, Observing that tho United Nations General Assembly has adopted a number of resolutions in which the policy and practices of apartheid are condemned as a crime against humanity, Observing also that the Security Council has emphasized that the continued intensification and expansion of the policies of apartheid seriously disturb international peace and security, Convinced of the need further to take more effective measures at the international and national levels, with a view to the suppression and punishment of the crime of apartheid, Have agreed as follows. Article I 1. The States Parties to this Convention declare that apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as set out in article II of this Convention, are crimes violating the principles of international law, and in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security. -76- 2. The States Parties to this Convention declare criminal those organizations, institutions and individuals committing the crime of apartheid. Article II In this Convention, the term "the crime of apartheid", which shall include for the purposes of this Convention similar policies and practices of racial segregation and apartheid, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing thems (a) Denial to a member or members of a racial group or groups of the right to life, liberty and security of persons (i) By murder of members of a racial group or groups; (ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; (iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups ; (b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part ; (c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to education, the right to leave and to return to their country, the right to nationality, freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association; (d) Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof; (e_) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour; (f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. Article III International criminal responsibility shall apply to individuals, members of organizations and institutions and representatives of the State, whether residing in the territory of the State in which the acts are perpetrated or in some other State, whenever theys -77- (a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned in article II of this Convention; (b) Directly abet, encourage or co-operate in the commission of the crime of apartheid. Article IV The States Parties to this Convention undertake. (a) To adopt legislative or other measures necessary to combat all manifestations of the crime of apartheid and to prevent the encouragement and commission of the crime ; (b) To adopt legislative, judicial and administrative measures to prosecute, bring to trial and punish in accordance with their jurisdiction persons responsible for or accused of the acts defined in article II of this Convention, whether residing in the territory of the State in which the acts are perpetrated or in some other State, and whether they be nationals of that State or of any other, or stateless persons. Article V Persons charged with the acts enumerated in article II of this Convention may be tried by a competent tribunal of any State Party to this Convention which may acquire jurisdiction over the person of the accused or by such international penal tribunal as may have jurisdiction with respect to those States Parties which shall have accepted its jurisdiction. Article VI 41/ The States Parties to this Convention undertake to accept and carry out in accordance with the Charter of the United Nations the decisions taken by the Security Council aimed at the prevention, suppression and punishment of the crime of apartheid, and to co-operate in the implementation of decisions adopted by other competent organs of the United Nations with a view to achieving the purposes of this Convention. Article VII 1. The States Parties undertake to submit periodic reports according to a scheme to be established by ... on the legislative, judicial, administrative, or other measures that they have adopted and that give effect to the provisions of the present Convention. 4l/ The representative of Egypt did not insist at this stage on all the amendments of Egypt as contained in paragraph 43 of the report of the Third Committee of the General Assembly at its twenty-seventh session (A/8880), on the understanding that it would not prejudice the position of his delegation with respect to these articles and its right to reintroduce the Egyptian amendments at a later stage. -78- 2. Copies of the reports shall he transmitted through the Secretary-General to the Special Committee on Apartheid. Article VIII 42/ Article IX The States Parties to the present Convention empower the ... to s (a) Request United Nations organs, when transmitting copies of petitions under article 15 of the International Convention on the Elimination of All Forms of Racial Discrimination, to draw its attention to complaints concerning acts which are enumerated in article II of the present Convention; (b) Prepare, on the basis of reports from competent organs of the United Nations and periodic reports from States Parties to the present Convention, a list of individuals, organizations, institutions and representatives of States who are alleged to be responsible for the crimes enumerated in article II of this Convention, as well as those against whom legal proceedings have been undertaken by States Parties to this Convention; (c) Request information from the competent United Nations bodies concerning measures taken by the authorities responsible for the administration of Trust and Non-Self-Governing Territories, and all other territories to which General Assembly resolution 1514 (XV) applies, with regard to such individuals alleged to be responsible for crimes under article II of this Convention who are believed to be under their territorial and administrative jurisdiction. Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December I960, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies. Article X Acts enumerated in article II of this Convention shall not be considered as political crimes for the purpose of extradition. Article XI Disputes between States Parties arising out of the interpretation, application or implementation of this Convention which have not been settled by negotiation shall, at the request of the States Parties to the dispute, be brought before the International Court of Justice, save where the parties to the dispute have agreed on some other form of settlement. 42/ The Working Group of the Commission on Human Rights decided not to consider this article owing to lack of time and because some members believed that there should be specific directives from the Commission on the nature of the implementation machinery (E/CN.4/L.1252, footnote 2). -79- Article XII This Convention shall he open for signature by all States. Any State which does not sign the Convention before its entry into force may accede to it subsequently at any time. Article XIII 1. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations. Article XIV 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after the day of the deposit of its own instrument of ratification or accession. Article XV A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. Article XVI 1. A request for the revision of the present Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General. 2. The General Assembly shall decide upon the steps, if any, to be taken in respect of such request. Article XVII The Secretary-General of the United Nations shall inform all States of the following particulars. (a) Signatures, ratifications and accessions under articles XII and XIII; (b) The date of entry into force of this Convention under article XIV; (c) Denunciations under article XV; (d) Notifications under article XVI. -80- Article XVIII 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall he deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States. 17 (XXIX). Teaching of human rights in universities and development of an independent scientific discipline of human rights 437 The Commission on Human Rights, Convinced that the United Nations and the specialized agencies should help to facilitate the teaching of human rights to university students and to young people in general, Recalling its resolution 11 C (XXVIl) on the study of the question of the education of youth for the development of its personality and the strengthening of its respect for the rights of man and fundamental freedoms, by which the Commission requested the United Nations Educational, Scientific and Cultural Organization (UNESCO): (a) To ask its member States for information on how human rights are taught in their universities, (b) To envisage the -systematic study of the development of an independent discipline of human rights, Noting the report (E/CN.4/1119 and Corr.l and 2) on UNESCO action in this field, Noting with satisfaction that the survey of faculties of law and political science carried out under the auspices of UNESCO has produced some extremely interesting findings and that UNESCO has already adopted a fellowship programme to assist teachers from various regions of the world to take part in an intensive programme of training in human rights. 1. Requests the United Nations Educational, Scientific and Cultural Organization to continue to extend its activities in these fields and, in particular, to encourage teaching and research in human rights in universities and to this end to accelerate the preparation of appropriate material for the teaching of human rights in universities, for the guidance of universities and institutes in which the various legal, scientific, technical and other disciplines are taught; 43/ Adopted at the 1237"th meeting, on 3 April 1973• See chap. XI above, paras. 285-288, and chap. XXI below, Section B, decision 3« -81- 2. Draws the attention of the Economic and Social Council to the fact that it favours the establishment of a centre for teaching and research in the field of human rights within the frameirork of the United Nations University established by General Assembly resolution 2951 (XXVIl). 18 (XXIX). Letter from the permanent representative of Portugal to the United Nations Office at Geneva concerning the report of the Ad Hoc Working Group of Experts to the Commission on Human Rights at its twenty-ninth session 44/ The Commission on Human Rights, Having examined the letter dated 31 March 1973 addressed to the Chairman of the Commission by the Permanent Representative of Portugal to the United Nations Office at Geneva (E/CN.4/1126), 1* Rejects the allegations and observations offered in that letter; 2. Deplores Portugal's refusal to co-operate with the Ad Hoc Working Group of Experts and its perpetuation of the inhuman treatment of the peoples of the territories under its occupation in Africa. 19 (XXIX). Report of the Ad Hoc Working Group of Experts 45/ The Commission on Human Rights, Guided by the purposes and principles of the Charter of the United Nations, as well as by the Universal Declaration of Human Rights, Recalling its resolution 2 (XXIIl) in which it established the Ad Hoc Working Group of Experts, its resolutions 21 (XXV), 8 (XXVl), 7 (XXVTl) and 2 (XXVIIl), in which it extended and enlarged the mandate of the Working Group, Recalling General Assembly resolutions2646 (XXV) of 30 November 1970 on the elimination of all forms of racial discrimination, 2675 (XXV) and 2676 (XXV) of 9 December 1970 on respect for human rights in armed conflicts, and resolution 2906 (XXVIl) by which the Assembly decided to launch the Decade for Action to Combat Racism and Racial Discrimination on 10 December, 1973? Recognizing the contribution of the report of the Group to the continuing efforts of the United Nations to investigate and thus expose the gross and flagrant violation of human rights in southern Africa and in the African territories under Portuguese administration, Bearing in mind its resolution 1 (XXIX), by which it recommended for adoption a detailed programme for a decade for action to combat racism and racial dis criminat ion, _4j/ Adopted at the 1237th meeting, on 3 April 1973« See chap. X above, paras. 249-251. 45/ Adopted at the 1237th meeting, on 3 April 1973« See chap. X above, paras. 239-248, and annex III, paras. 20-23, below. -82- Emphasizing the importance of the activities of the Group to the achievements of the aims and objects of the Decade for Action to Combat Racism and Racial. D i s cr iminat i on, Having examined the report of the Group (E/CN.4/1III)5 1. Expresses its appreciation of the work of the Ad Hoc Working Group of Experts ; 2. Expresses grave concern at the continued and deplorable situation of the human rights of the people in southern Africa, as well as the brutal and inhuman treatment meted out to the prisoners in that area; 3. Condemns the Governments of South Africa and Portugal and the illegal regime in Southern Rhodesia for the undermentioned unconscionable state of affairs, particularly s (a) The policy of mass removal of people from fertile to arid regions; (b) The use of napalm and other chemical weapons of war; (ç) The execution of freedom fighters, who should be accorded the status and treatment of prisoners of war under the provisions of the third Geneva Convention of 12 August 1949; 4. Takes note with satisfaction of the observations, conclusions and recommendations of the Ad Hoc Working Group of Experts, and recommends that: (a) The international community should follow closely the various trials taking place in southern Africa; (b) There should be a provision of financial aid or funds in cases where persons are arrested for opposing the policy of apartheid; (c) The new system of recruiting African labour from among offenders against the pass laws should be discontinued and abolished outright; (d) The practice of separating workers from their families should be discontinued; (e) In accordance with the purposes and principles of the Charter of the United Nations as well as the resolutions of the General Assembly, moral and material assistance to liberation movements and the liberated territories and their population should be extended on a full scale; 5. Strongly condemns the threats and attacks by the Government of Portugal and the illegal régime in Southern Rhodesia against the independent African countries neighbouring Mozambique, Angola and Guinea (Bissau) and also requests all States to bring pressure on these Governments to desist from these threats and attacks ; 6. Calls on the Government of the United Kingdom of Great Britain and Northern Ireland to live up to its obligations and responsibilities in Southern Rhodesia; -83- 7. Appeals to all Governments to desist from giving assistance which will help to perpetuate the situation to the Governments of South Africa and Portugal and to the illegal régime in Southern Rhodesia; 8. Recommends the Economic and Social Council to request the Secretary- General, in consultation with the relevant organs of the United Nations, to explore ways and means of providing financial assistance to the victims of this situation, particularly the political prisoners and members of their families,0 9. Requests the Economic and Social Council to call upon the Secretary- General and the United Nations Council for Namibia to take into consideration the conclusions and recommendations of the Ad Hoc Working Group on Namibia (E/CN.4/1IH, chapter VI, Section B) in their activities relating to this area; 10. Recommends the Economic and Social Council to invite the General Assembly to bring to the notice of the Security Council the reported aerial bombardment and the use of poisonous chemical substances in the liberated areas by tho Government of Portugal (E/CN.4/IHI, chapter VI, Section D (lOO)); 11. Invit e s the International ComnittoG of the Red Cross and the non governmental organizations concerned to provide all possible assistance to the victims of the racist régimes in southern Africa and to help, to tho full extent of their competence, in strengthening world public opinion regarding the situation in those areas; 12. Reminds the Special Committee on Apartheid and the International Law Commission to expedite their comments and suggestions on tho study of the Ad Hoc Working Group of Experts concerning the question of apartheid (which has been declared a. crime against humanity) from the point of view of international penal law; 13. Decides that the Ad Hoc Working Group of Experts should continue carefully to observe and survey further developments concerning the policies of apartheid and racial discrimination present in the situation prevailing in Namibia, Southern Rhodesia, Angola., Mozambique, Guinea, (Bissau) and resulting from the actions of the illegal South African régime in Namibia., tho illegal minority régime in Southern Rhodesia and the Portuguese régime in Angola, Mozambique and Guinea (Bissau), and to notify such events to the Chairman of tho Commission in due course; 14. Requests the Ad Hoc Working Group of Experts to give particular attention to situations which interfere with human rights in Guinea (Bissau), a subject on which the Group has not yet submitted a report ; 15= Requests the Group to remain active and vigilant in its observation of colonial and racially discriminatory practices, especially those arising from the Bantu homeland policies and the disclosure of the payment of wa.gos below the poverty line to black African workers, in South Africa; l6. Further requests the Ad Hoc Working Group to submit a. report on its findings to the Commission not later than at tho Commission's thirty-first session and to present an interim report to the Commission at its thirtieth session; -84- 1?. Further requests the Ad Hoc Working Group of Experts to list all inhuman acts resulting from punishment meted out to the freedom fighters of the liberation movements in Angola, Mozambique and Guinea (Bissau) and to compile a comprehensive report for the consideration of the Commission at its thirty-first session; 18. Recommends the Economic and Social Council to make arrangements for adequate and sufficient financial resources and staff to be provided for the Ad Hoc Working Group of Experts to caxry out its mandate; 19. Invites the Economic and Social Council to ask the Secretary-General to give wide publicity to the report of the Ad Hoc Working Group of Experts (E/CN.4/1111). 20 (XXIX). Periodicity of the sessions of the Commission on Human Rights and its subsidiary bodies46/ The Commission on Human Rights, Having noted the recommendations of the Economic and Social Council in its resolution 1730 (LIIl) of 28 July 1972, and the various decisions taken at the Council's 1837th meeting on the rationalization of the work of the Council and its subsidiary bodies, and in particular the Council's invitation to those of its subsidiary bodies which meet more frequently than every other year to consider whether biennial meetings would not be feasible, 1. Recommends to the Economic and Social Council that it maintain in effect Council resolutions ~1156 (XLI) and II65 (XLl), in so far as the Council decided in those resolutions to authorize the Commission to continue to meet annually for a period of not less than four and not more than six weeks; 2. Recommends also to the Council that it maintain its decision, in Council resolution 502 A (XVl), that the Sub-Commission on Prevention of Discrimination and Protection of Minorities should meet at least once a year for three weeks. 21 (XXIX). Yearbook on Human Rights 47/ The Commission on Human Rights, Recommends to the Economic and Social Council the adoption of the following draft resolution: TFor the text, see chapter XXI below, draft resolution XI ] 46/ Adopted at the 1239th meeting, on 4 April 1973- See chap. XIII above, paras. 3O8-3IO and chap. XXI below, Section B, decision 5« 47/ Adopted at the 1259th meeting, on 4 April 1973° See chap. XIII above, paras. 3O4-3O7. -85- 22 (XXIX). Rationalization and improvergent of the system of periodic reports on human rights 48/ The Commission on Human Rights, Recalling Economic and Social Council resolution 1693 (LIl) providing for a special session of the Ad Hoc Committee on Periodic Reports of the Commission on Human Rights to examine the effectiveness of the present system of collecting and disseminating information about the realization of human rights, giving particular attention to the Yearbook on Human Rights and its relation to periodic reports on human rights, Recalling also that in the same resolution the Council asked the Ad Hoc Commit toe on Periodic Reports to submit its findings and recommendations for the rationalization and improvement of the system to the Commission on Human Rights at its twenty-ninth session, for onward transmission to the Economic and Social Council at its fifty-fourth session, 1. Forwards to the Economic and Social Council the report of the Ad Hoc Committee on Periodic Reports of the Commission on Human Rights on its special session (E/CN.4/1104); 2. Endorses the general recommendation and the recommendations concerning periodic reports on human rights set forth in paragraphs 27A and 27B of that report. 23 (XXIX). Periodic reports on human rights relating to freedom of information 49/ The Commission on Human Rights, Having considered, with the assistance of its Ad Hoc Committee on Periodic Reports on Human Rights, the reports on freedom of information for the period from 1 July 1967 to 30 June 1970 received from States Members of the United Nations or members of specialized agencies and from specialized agencies, as well as information received from non-governmental organizations in consultative status, in accordance with Economic and Social Council resolution 1074 C (XXXIX) of 28 July 1965 (E/CN.4/IO66 and Addenda and Corrigendum and E/CN.4/1067 and Add.l and 2), 1. Stresses the importance of article 19 of the Universal Declaration of Hunan Rights and the decisions of United Nations bodies relating to freedom of information; 4§/ Adopted at tho 1239th meeting, on 4 April 1973. See chap. XIII above, paras. 311-313» and chap. XXI,Section B decision 6, below. 49/ Adopted at the 1239th meeting, on 4 April 1973. See chap. XIV above, paras. 319-321. -86- 2. Deplores the absence of information on the exercise of freedom of expression and freedom of information in some territories still under colonial rule ; 3» Notes with regret that a number of Governments have not submitted reports on freedom of information for the period under review and expresses the hope that an increasing number of Governments will report in the future; 4- Considers that the reports on freedom of information reveal the following; (a) The continuing efforts on the part of Governments to facilitate freedom of information in conformity with article 19 of the Universal Declaration of Human Eights ; (b) The continuing expansion of information facilities In all parts of the world, resulting in a greater variety and better quality of available information; (c_) The growing role of the mass media, a.s an instrument for the promotion of the economic, social and cultural policies of States; (d_) The possibilities of communication by satellite for increasing the dissemination of information and the role of the United Nations, the United Nations Educational, Scientific and Cultural Organization and other international organizations in this regard, in accordance with generally recognized principles and standards of international la.w; (ç_) The increa.sing exchange of information as a. result of co-operation among States; (f) The continued uneven distribution of mass media facilities, despite important technological advances; (g) The policies of Governments for improving the training of information personnel, in particular to ensure the observance of the rules of the profession; (h) The continuing efforts of developing countries to raise sta.nda.rds of information collection and dissemination and to improve information facilities; (i_) The concern of certain Governments regarding the possibility that the mass media, may bo used for interference in the internal affairs of other States; The awareness of problems created by technological advances in the field of the mass media, such a.s restrictions of fundamental rights and freedoms and the inva.sion of privacy; (k) The adoption by some Governments of measures prohibiting war propaganda and a.dvoca.cy of national, racial or religious hatred or discrimination; (l) The positive influence of activities of the United Nations and specialized agencies in furthering the right of freedom of information according to standards esta.blished in international instruments; -87- 5. Recommends that States Members of the United Nations and members of the specialized agencies intensify their individual and joint efforts to raise the standards of gathering and disseminating information, to widen the participation of the population as a whole in the enjoyment of freedom of information and to promote and protect this freedom as defined in the Universal Declaration of Human Eights; 6. Invites the attention of States Members of the United Notions and members of the specialized agencies to the possibilities of obtaining from the United Nations and the specialized agencies, in particular the United Nations Educational, Scientific and Cultural Organization, the assistance they nay require in promoting and protecting freedom of information. 24 (XXIX). Periodic reports on human rights respecting civil and political rights 50/ The Commission on Human Bights, Having considered,with the assistance of its Ad Hoc Committee on Periodic Reports on Human Rights, the reports on civil and political rights for the period 1 July 1968 to 50 June 1971 received from States Members of the United Nations or members of specialized agencies and from specialized agencies, as well as information received from non-governmental organizations in consultative status, in accordance with Economic and Social Council resolution 1074 C (XXXIX) of 28 July 1965 (E/CN.4/1098 and Add.1-17 and E/CN.4/1IOO and Add.l), Noting with appreciation the analytical summary of the periodic reports on civil and political rights (E/CN.4/HO3), the subject and country index of these reports (E/CN.4/1IO2) and the memorandum on the status of multilateral international agreements in the field of human rights concluded under the auspices of the United Nations (E/CN.4/907/Bev.9) prepared by the Secretary-General, Becalling Economic and Social Council resolution 1596 (L) of 21 May 1971 in which the Council decided that Member States would henceforth be asked to subnit periodic reports once every two years in a continuing cycle, instead of every year as was the case under Council resolution 1074 c (xxxrx), 1. Notes with regret the small number of reports received and expresses the hope that the establishment of the six-year cycle will enable more Governments to submit reports; 2. Notes the importance of reports devoted to the problems of the implementation of the right of peoples to independence, deplores that little information is being furnished concerning exercise of the right of self- determination and the right to independence in non-self-governing territories and expresses the hope that more information on this subject nay become available in the future; 50/ Adopted at the 1259th meeting, on 4 April 1973. See chap. XIV above, paras. 319-321? and chap. XXI below. Section B, decision 7« -88- 3. Regrets that many reports are limited solely to constitutional and legislative provisions, and believes that reports are nore valuable when they refer to special problems encountered, measures taken to deal with then and results obtained, and contain case studies or specific examples, Including concrete appraisals of problems in implementing civil and political rights; 4. Invites Governments, specialized agencies and non-governmental organizations in consultative status: (a) To concentrate on information relevant to the reporting period, following closely in their reports the outline of headings furnished by the Secretary-General oven in cases whore under a particular heading no new developments have taken place; (b) To include, in an appropriate manner, information concerning new developments and applications relating to legislation and other measures pro-dating the period, as well a„s to indicate any future plans, programmes and measures contemplated; (c_) To comply with the provisions of paragraph 8 of Economic and Social Council resolution 1074 C (XXXEX) to the effect that a brief summary be appended to their reports; 5. Urges Governments when reporting on the influence of instruments adopted under the auspices of tho United Nations to place special emphasis on legislative and other measures taken to bring their national legislation and practice into line with the provisions of those instruments; 6. Invites Governments to indicate administrative and other efforts made to inform the people of tho scope of their civil and political rights and freedoms, in particular those derived from national and international instruments, and to promote the enjoyment of those rights by all; 7. Considers it most important that Governments indicate the limitations thai they have imposed on the exercise of civil and political rights and freedoms and, in cases of emergency measures, specify the extent to which individual freedoms can still be enjoyed, the constitutional and other safeguards which remain valid, and the legal process by which civil and political rights and freedoms will be fully restored; 8. Urges Governments to pla.ee greater emphasis on difficulties encountered, for example, difficulties confronting a. federal government in obtaining agreement to new legislation from federal units; difficulties arising from particular situations such as the presence within a country of ethnic, racial or religious minorities; difficulties of an extraordinary nature brought about by an insurrection or throat to tho national security; technical legal difficulties; and difficulties encountered in the implementation or acceptance by the people of laws which have boon recently ena.cted; 9. Considers that on the basis of tho information contained in the reports on civil and political rights, attention may bo drawn to the following points: -89- (a) Tho strong influence of United Nations instruments on the constitutions of many of the countries concerned and on nuch of tho legislation passed during the period under consideration; (b) Tho increased concern "by certain governments to ensure the inviolability of the person; (c) The adoption of legislation to onsuro proper care and humane treatment of montai patients and handicapped persons; (d_) Positive steps have boon taken, in view of advancements in science and technology, for protection of privacy; (e) Principles of equality before the law and equal protection of the law without discrimination create difficult problems of implementation but certain governments arc taking energetic measures to deal with these problems; (f) Freedom from arbitrary arrest or detention has been generally recognized but measures for preventive détention may have impeded full exorcise of that right; (g) Presumption of innocence is respected in most countries; (h) Positive developments in the further promotion of the rights of women, and in personal status such a.s tho right to marry, protection of the family, minors and illegitimate children; (i_) Progress in protection of freedom of religion and extension of freedom of expression and a.ssembly and of freedom of association; (j_) Guarantees in most countries of the right to vote and free elections and progress towards ensuring exercise of those rights; (k) Progress with respect to equality in the enjoyment of civil and political rights, especially by eliminating discrimination based on race, religion and sex; (l_) The initiative taken by certain States to facilitate the implementation of decisions of United Nations organs with respect to the right to self-determi nation, in particular under Article 41 of the United Nations Charter; 10. Notes with concern that despite progress achieved in the promotion and protection of civil and political rights, in particular cases measures have been adopted in derogation of those rights, such a.s censorship and curtailment of froe speech and restrictions on freedom of movement; 11. AppréciâtGs the reports of tho specialized agencies and commends tho important contributions which they are making towards the advancement of civil and political rights; 12. Welcomes the fact thai some non-governmental organizations ha.vo submitted reports and encourages all non-governmental organizations to continue to contribute to the periodic reports system; 13- Welcomes the a.ction taken by the United Nations Educational, Scientific and Cultural Organization in tho area of tca.cher training and production of school materials for instruction in the field of human rights; 14. Considers, however, that in order better to promote the enjoyment of fundamental rights and freodonsby all it is absolutely necessary, in addition to taking action in the field of education, to organize in every country a system of mass information by using such media as newspapers, pamphlets, radio broadcasting, television, etc., and draws attention, in this connexion, to the fact that each anniversary of the Universal Declaration of Hunan Eights should constitute an opportunity for commemorative events likely to arouse popular interest ; 15. Draws the attention of States Members of the United Nations to the need, with a view to facilitating more effective observance of human rights and fundamental freedoms, to put into effect the International Covenant on Civil and Political Eights and recommends that they accelerate to the extent possible internal procedures leading to its ratification; 16. Urge s those Governments which have not yet submitted their reports on civil and political rights for the period under review to do so at the earliest opportunity and not later than 30 Septenber 1973? 17. Decides that the Ad Hoc Committee on Periodic Eeports shall meet a week before the thirtieth session of the Commission, in 1974, to consider such further reports on civil and political rights a.s were received too late for consideration by the Connittee in 1973s 18. Eequest s the Economic and Social Council to draw the attention of the General Assembly to the importance of the periodic reports system and to invite the General Assembly to urge States Members of the United Nations and members of the specialized agencies to co-operate fully in submitting reports under that system. B. Other decisions Telegram to be sent to the Government of Israel 51 / At the 1188th mooting, on 27 February 1973s the Commission decided to issue the text of the following telegram; "The United Nations Commission on Human Eights is extremely distressed that, on 21 February last, the Israeli Air Force shot down a. Libyan airline commercial aircraft. This cruel a.nd unjustifiable a.ct ca.usod the death of over one-hundred innocent civilians, including na.ny women and children, nationals of a. number of States. The Commission condemns this massacre of innocent people and calls upon the Government of Isra.el to respect and implement canons of civilized and humanitarian behaviour among peoples and States. Also, the Commission once a.gain calls upon the Government of Isra.el to abide scrupulously by its obligations under the relevant international humanitarian instruments". 3l/ See chap. II above, paras. 13-20. -91- 2. Postponement of items on the agenda At its 1189th meeting, on 27 February 1973, the Commission decided to postpone to its thirtieth session the consideration of items 15, lé, 18 and 21 of its agenda. 52/ At its 1237th meeting, on 3 April 1973s the Commission decided to defer consideration of item 17 (a) of its agenda to its thirtieth session. 55/ At its 1238th meeting, on 3 April 1973s the Commission decided to postpone consideration of item 11 of its agenda to its thirtieth session and to give high priority to its consideration at that session. 54/ At its 1239th meeting, on 4 April 1973s "the Commission decided to defer to its thirtieth session the consideration of item 20 of its agenda. 55/ 3- Further studies on racial discrimination 56/ At its 1221st meeting on 22 March 1973s the Commission decided to draw the attention of the Economic and Social Council to resolution 7 (XXV) of the Sub-Commission on Prevention of Discriminal ion and Protection of Minorities and requested the Council to consider the resolution of the Sub-Commission in the light of resolution 1 (XXIX) of the Commission relating to the draft programme for a decade for action to combat racism and racial discrimination. 4. Composition of the Ad Hoc Working Group of Experts 57/ (a) At its 1237th meeting, on 3 April 1973s the Commission, bearing in mind its resolution 19 (XXIX), which renews the mandate of the Ad Hoc Working Group of Experts, decided that the Working Group should be composed of the following experts acting in their personal capacity. 52/ See chap. I above, para. 6, for the adoption of the agenda of the twenty-ninth session of the Commission and see annex II below for the text of the agenda as adopted. 55/ See chap. I above, para,. 12. 54/ See chap. XI above, paras. 295-296. 55/ See chap. XVI above, para. 328. 56/ See para. 168 of chap. VII of this report and resolution 7 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/11OI, chap. XIV) and also resolution 1 (XXIX) of the Commission on Human Rights above. See also below, chap. XXI, Section B, decision 2 and annex III, paras. 24-28. 57/ See above, chap. X, paras. 252-257» -92- 1. Mr. Kéba M'Baye of Senegal 2. Mr. Felix Emacora of Austria 5- Mr. A.S. Mani of India 4- Mr. Branimir Jankovie of Yugoslavia 5 = Mr. Mahmud N. Battansey of the United Bepublic of Tanzania 6. Mr. Humberto Diaz Casanueva of Chile The Commission decided further that Mr. M'Bayo of Senegal should be the Working Group's Chairman. (b) At its 1238th meeting, on 3 April 1973? the Commission, having at its 1237th meeting nominated two new experts to the Ad Hoc Working Group, placed on record its warn appreciation of the contribution made by the outgoing experts, Mr. Ibrahima Boye of Senegal, who had been Chairman of the Working Group from its inception, and Mr. Luis Marchand-Stens of Peru. 5• Election of two members of the Sub-Commission on Prevention of Discrimination and Protection of Minorities 58/ At its 1259th meeting, on 4 April 1975? the Commission elected Baroness Elles, from the United Kingdom of Great Britain and Northern Ireland, end Mrs. Halina Warzazi, from Morocco, to fill two vacancies in the membership of the Sub- Commission. 58/ See above, chap. XVII, para. 554- XXI. DRAFT RESOLUTIONS AND DECISIONS FOR ACTION BY, AND OTHER MATTERS OF CONCERN TO, THE ECONOMIC AND SOCIAL COUNCIL A. Draft resolutions I Activities of non-governmental organizations to combat racism and racial discrimination 59/ The Economic and Social Council, Noting resolution 2 (XXIX) of the Commission on Human Rights, Recalling General Assembly resolution 2785 (XXVl) and Council resolutions 1588 (L) and 1591 (L), Having examined the reports of non-governmental organizations submitted pursuant to these resolutions, 1. Notes with interest the various activities of non-governmental organizations in combating racism, racial discrimination, apartheid and related matters; 2. Invites the non-governmental organizations which have a special interest in the elimination of racism and racial discrimination and which act in good faith and without political motivation to intensify their efforts, with a view to reaching new heights during the twenty-fifth anniversary year of the adoption of the Universal Declaration of Human Rights; 3. Requests the Council Committee on Non-Governmental Organizations to take account of the reports received from non-governmental organizations in its deliberations. II Exploitation of labour through illicit and clandestine trafficking 60/ The Economic and Social Council, Recalling its resolution 1706 (LIIl) and General Assembly resolution 2920 (XXVIl), Recalling the provisions of the Universal Declaration of Human Rights, which proclaim that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, 59/ See above, chap. XX, resolution 2 (XXIX), and chap. IV, paras. 53-56. 60/ See above, chap. XX, resolution 3 (XXIX) and chap. V, paras. 91-100- -94- Considering that effective action to prevent exploitation of the victims of illegal trafficking in labour requires comprehensive measures designed to enhance the protection of human rights in respect of foreign workers, 1. Urges States once again to ratify the relevant conventions of the International Labour Organisation, in particular the Migration for Employment Convention (No. 975 revised in 1949)s and to conclude, as appropriate, bilateral agreements relating to migration for employment; ?.. Welcomes the valuable work being undertaken by the International Labour Organisation to strengthen the international machinery for the protection of migrant workers and the decision of its Governing Body to place this matter on the agenda of the fifty-ninth International Labour Conference, and expressed the hope that the Conference will take action leading to the adoption of measures which will have the effect of affording adequate protection to all migrant and other foreign workers and will reduce the opportunities for labour to be exploited by illicit or clandestine trafficking; 3. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider this question as a matter of priority at its twenty-sixth session, in the light of United Nations instruments in the field of human rights, and to recommend what further measures may be necessary for the protection without distinction of human rights of foreign workers, taking into account the discussion of this question in the General Assembly, the Economic and Social Council and the Commission on Human Rights; 4. Requests the Commission on the Status of Women to examine the question, of the exploitation of the victims of clandestine traffic in labour, especially young women, taking into account in this connexion the discussion in the Commission on Human Rights, and to report to the Economic and Social Council; 5. Requests the Member States to submit to the Secretary-General such material, studies and suggestions as they deem relevant, for transmission to the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the Commission on the Status of Women at their next sessions, with reference to paragraphs 3 and 4 above; 6. Requests the Commission on Human Rights to consider this question as a matter of priority at its thirtieth session. Ill Draft principles relating to equality in the administration of .justice 6l/ The Economic and Social Council Recommends to the General Assembly for adoption the following draft resolution 6l/ See above, chap. XX, resolution 5 (XXIX) and chap. VII, paras. 132-135. The General Assembly, Noting resolution 5 (XXIX) of the Commission on Human Eights and resolution ... (LIV) of the Economic and Social Council, Considering that the comments received from Governments pursuant to resolution 8 (XXVIIl) of the Commission on Human Eights show the diversity of approach and the variety of issues faced by Governments in relation to the draft principles relating to equality in the administration of justice set out in resolution 3 (XXIII) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 1. Expresses its deep appreciation to the Special Eapporteur, Mr. Abu Ranaat, for his study; 2. Calls upon Member States to give due consideration, in formulating legislation and taking other measures affecting equality in the administration of justice, to the above-mentioned draft principles, which may be regarded as setting forth valuable norms, with a view to arriving at an elaboration of an appropriate international declaration or instrument. IV Study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights 62/ The Economic and Social Council, Noting resolution 6 (XXIX) of the Commission on Human Eights, Considering that the study of discrimination in the matter of political rights and draft general principles on freedom and non-discrimination in the matter of political rights prepared by the Sub-Commission on Prevention of Discrimination and Protection of Minorities have been the subject of preliminary consideration and have been sent to the States Members of the United Nations and members of the specialized agencies and to non-governmental organizations in consultative status for comments and observations, Considering that the Special Eapporteur responsible for the study, Mr. Hernân Santa Cruz (Chile) has introduced his study to the Commission on Human Eights and made a statement thereon, 1. Expresses its warm appreciation to the Special Eapporteur, Mr. Hernân Santa Cruz, for his study; 2. Expresses its appreciation also to the Sub-Commission on Prevention of Discrimination and Protection of Minorities; 62/ See above, chap. XX, resolution 6 (XXIX) and chap. VII, paras. 140-144- -36- 3- Draws the attention of Governments, international and regional inter governmental organizations, non-governmental organizations and other institutions and bodies concerned to the draft general principles on freedom and non discrimination in the matter of political rights drawn up by the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and expresses the hope that they will take them into account, together with the relevant provisions of the International Covenant on Civil and Political Rights, when considering the question of discrimination in the matter of political rights; 4- Requests the Secretary-General to bring the draft general principles to the attention of the States Parties to the International Covenant on Civil and Political Rights at their first meeting, with a view to their transmission to the Human Rights Committee to be established under that Covenant; 5. Decides that the Commission on Human Rights should retain the question of realization of political rights on Its agenda. V Study of discrimination against persons born out of wedlock and non-discrimination in respect of such persons 65/ The Economic and Social Council, Noting resolution 7 (XXIX) of the Commission on Human Rights, Considering that the study and the draft general principles with which the Commission's resolution deals cover many matters which are under consideration by the Commission for Social Development and the Commission on the Status of Women, 1. Expresses its warm appreciation to the Special Rapporteur, Mr. Voitto Saario; 2. Requests the Secretary-General to transmit to governments, specialized agencies, regional inter-governmental organizations and non-governmental organizations in consultative status for their comments and observations the draft general principles on equality and non-discrimination in respect of persons born out of wedlock; 3. Invites the Commission for Social Development and the Commission on the Status of Women to consider, as appropriate, the study on discrimination against persons born out of wedlock and the draft general principles relating thereto drawn up by the Sub-Commission on Prevention of Discrimination and Protection of Minorities in the light of the comments received by the Secretary-General under paragraph 2 above; 4. Requests the Commission on Human Rights to consider the item again at its thirty-first session. 65/ See above, chap. XX, resolution 7 (XXIX) and chap. VII, paras. I6I-I64. -97- VI The question of international legal protection of the human rights of individuals who are not citizens of the country in which they live 64~7 The Economic and Social Council, Reaffirming the principles of the sovereign equality of States and of non interference in domestic affairs. Emphasizing that non-citizens must observe the laws in force in the States in which they reside, and particularly must refrain from activities prejudicial to the political and economic interests of these States, Recalling the provisions of the Universal Declaration of Human Rights, which proclaim that everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, Noting, however, that in practice States often make certain distinctions between their own nationals and others, Noting further that, while these distinctions are provided for in certain international instruments in the field of human rights, no general examination has been made by the United Nations of the extent to which such instruments are applicable to individuals who are not citizens of the State in which they live, 1. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to consider as a matter of priority, at its twenty-sixth session, the problem of the applicability of existing international provisions for the protection of human rights to individuals who are not citizens of the country in which they live, to consider what measures in the field of human rights, including the possibility of a declaration, would be desirable, and to submit appropriate recommendations to the Commission on Human Rights at its thirtieth session: 2. Requests the Commission on Human Rights to consider this item as a matter of priority at its thirtieth session on the basis of the report of the Sub-Commission at its twenty-sixth session; 3. Urges States, pending the adoption of further measures in this field, to accord the highest practicable level of protection to all individuals who are not their citizens but who are nevertheless under their jurisdiction; 4. Calls upon all States to respect the right of individuals to communicate with duly appointed consular officials sent by the State of which they are nationals and, as appropriate, to have access to them, in accordance with the relevant rules of international law; 5. Decides to consider this question at its fifty-sixth session. 64/ See above, chap. XX, resolution 8 (XXIX) and chap. VII, paras. 171-175- VII Study of discrimination in respect of the right of everyone to leave any country, including his own, and, to return to his country, and draft principles on freedom and non discrimination in respect of that right 657 The Economic and Social Council, Recalling its resolution I694 (LIT) of 2 June 1972, Noting Commission on Human Rights resolution 12 (XXIX), Affirming the importance of the rights mentioned in article 13 of the Universal Declaration of Human Rights, the enjoyment of which is essential, 1. Expresses its warm appreciation to the Special Rapporteur, Mr. José D. Ing for his study of discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country; 2* Affirms the need for Governments, with respect to the enjoyment of the right of everyone to leave any country, including his own, and to return to his country, to bear in mind the relevant resolutions of the United Nations, the provisions of article 13 of the Universal Declaration of Human Rights and other relevant provisions of the Declaration, the provisions of the International Covenant on Civil and Political Rights and the Charter of the United Nations; 3. Draws the attention of Governments, international and regional inter governmental organizations, non-governmental organizations and other institutions and bodies concerned, to the draft principles on freedom and non-discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country, adopted by resolution 2 (XV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, and expresses the hope that they will take into account the relevant provisions of the Universal Declaration of Human Rights as well as the relevant United Nations decisions and the International Covenant on Civil and Political Rights when considering legislation or regulations dealing with the question of freedom and non discrimination in respect of the right of everyone to leave any country, including his own, and to return to his country; 4. Requests the Secretary-General to bring the draft principles to the attention of the States Parties to the International Covenant on Civil and Political Rights at their first meeting, with a view to their transmission to the Human Rights Committee to be established under that Covenant. 65/ See above, chap. XX, resolution 12 (XXIX) and chap. VII, paras. I53-I56. -99- VIII Question of the punishment of war criminals and of persons who have committed crimes against humanity 66/ The Economic and Social Council, Recalling General Assembly resolution 2583 (XXIV), which draws attention to the special need for international action in order to ensure the prosecution and punishment of persons guilty of war crimes and crimes against humanity, Recalling also General Assembly resolution 3020 (XXVIl), in which the Assembly expressed the conviction that the effective punishment of war crimes and crimes against humanity is an important element in preventing such crimes and putting an end to them, as well as in ensuring better protection of human rights and fundamental freedoms and promoting co-operation between peoples and international peace and security, 1. Endorses the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity; 2. Endorses the inclusion in the agenda of the thirty-first session of the Commission on Human Rights of the question of the punishment of war criminals and of persons who have committed crimes against humanity; 3- Recommends that the General Assembly should, at its twenty-eighth session, consider the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, and that it should adopt the following draft resolution: The General Assembly, Recalling its resolutions 2585 (XXIV), 2712 (XXV), 2840 (XXVI) and 3020 (XXVIl), Taking into account the special need for international action in order to ensure the prosecution and punishment of persons guilty of war crimes and crimes against humanity. Having considered the draft principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, Declares that the United Nations, In pursuance of the principles and purposes set forth in its Charter concerning the promotion of co-operation between peoples and the maintenance of international peace and security. 66/ See above, chap. XX, resolution 13 (XXIX) and chap. VIII, paras. 204-206. -1C0- PROCLAIMS THE FOLLOWING PRINCIPLES OF INTERNATIONAL CO-OPERATION IN THE DETECTION, ARREST, EXTRADITION AND PUNISHMENT OF PERSONS GUILTY OF WAR CRIMES AND CRIMES AGAINST HUMANITY: "1. WAR CRIMES AND CRIMES AGAINST HUMANITY, WHENEVER OR WHEREVER THEY ARE COMMITTED, SHALL BE SUBJECT TO INVESTIGATION AND THE PERSONS AGAINST WHOM THERE IS EVIDENCE THAT THEY HAVE COMMITTED SUCH CRIMES SHALL BE SUBJECT TO TRACING, ARREST, TRIAL AND, IF FOUND GUILTY, TO PUNISHMENT. "2. STATES SHALL CO-OPERATE WITH EACH OTHER ON A BILATERAL AND MULTILATERAL BASIS WITH A VIEW TO HALTING AND PREVENTING WAR CRIMES AND CRIMES AGAINST HUMANITY, AND SHALL TAKE THE DOMESTIC AND INTERNATIONAL MEASURES NECESSARY FOR THAT PURPOSE. "3. STATES SHALL ASSIST EACH OTHER IN DETECTING, ARRESTING AND BRINGING TO TRIAL PERSONS SUSPECTED OF HAVING COMMITTED SUCH CRIMES AND, IF THEY ARE FOUND GUILTY, IN PUNISHING THEM. "4« PERSONS AGAINST WHOM THERE IS EVIDENCE THAT THEY HAVE COMMITTED WAR CRIMES AND CRIMES AGAINST HUMANITY SHALL BE SUBJECT TO TRIAL AND, IF FOUND GUILTY, TO PUNISHMENT, AS A GENERAL RULE IN THE COUNTRIES IN WHICH THEY COMMITTED THOSE CRIMES. IN THAT CONNEXION, STATES SHALL CO-OPERATE ON QUESTIONS OF EXTRADITING SUCH PERSONS. "5. STATES SHALL CO-OPERATE WITH EACH OTHER IN THE COLLECTION OF INFORMATION AND EVIDENCE WHICH WOULD HELP TO BRING TO TRIAL THE PERSONS INDICATED IN PARAGRAPH 4s AND SHALL EXCHANGE SUCH INFORMATION. "6. IN ACCORDANCE WITH ARTICLE 1 OF THE DECLARATION ON TERRITORIAL ASYLUM OF 14 DECEMBER I967, STATES SHALL NOT GRANT ASYLUM TO ANY PERSON WITH RESPECT TO WHOM THERE ARE SERIOUS REASONS FOR CONSIDERING THAT HE HAS COMMITTED A CRIME AGAINST PEACE, A WAR CRIME OR A CRIME AGAINST HUMANITY. "7. STATES SHALL NOT TAKE ANY LEGISLATIVE OR OTHER MEASURES WHICH MAY BE PREJUDICIAL TO THE INTERNATIONAL OBLIGATIONS THEY HAVE ASSUMED IN REGARD TO THE DETECTION, ARREST, EXTRADITION AND PUNISHMENT OF PERSONS GUILTY OF WAR CRIMES AND CRIMES AGAINST HUMANITY. "8. IN CO-OPERATING WITH A VIEW TO THE DETECTION, ARREST AND EXTRADITION OF PERSONS AGAINST WHOM THERE IS EVIDENCE THAT THEY HAVE COMMITTED WAR CRIMES AND CRIMES AGAINST HUMANITY AND, IF FOUND GUILTY, THEIR PUNISHMENT, STATES SHALL ACT IN CONFORMITY WITH THE PROVISIONS OF THE UNITED NATIONS CHARTER AND OF THE DECLARATION ON PRINCIPLES OF INTERNATIONAL LAW CONCERNING FRIENDLY RELATIONS AND CO-OPERATION AMONG STATES IN ACCORDANCE WITH THE CHARTER OF THE UNITED NATIONS." -101- IX Question of the realization of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and the study of special problems relating to human rights in developing countries 67/ The Economic and Social Council, Noting resolution 14 (XXIX) of the Commission on Human Rights and, in particular, its own resolution 1689 (Ul) of 2 June 1972, Considering that the report of the Special Rapporteur on the question of the realization of economic, social and cultural rights (E/CN.4/IIO8 and Add. 1 to 9) requires careful consideration by the States Members of the United Nations and members of the specialized agencies before the Commission on Human Rights can make a thorough examination of the report of the Special Rapporteur, Considering that the request which the Council made to each regional economic commission and to the Committee on Review and Appraisal and the Committee for Development Planning under paragraphs 3 and 4 of Council resolution I689 (LIl) are not likely to be available to the Commission on Human Rights until its thirtieth session at least, Bearing in mind General Assembly resolution 421 E (V) which states that "when deprived of economic, social and cultural rights, man does not represent the human person whom the Universal Declaration regards as the ideal of the free man", Considering that the economic and social situation of developing countries has not improved sufficiently, thereby gravely impeding the full realization of economic, social and cultural rights and requiring, in conjunction with the efforts and programmes of interested States, improved international co-operation, 1. Notes with warm appreciation the study made by the Special Rapporteur, Mr. Manouchehr Ganji; 2. Requests the Secretary-General to forward the Special Rapporteur's report to States Members of the United Nations, members of the specialized agencies, and States parties to the Statute of the International Court of Justice for their comments and observations, to be received by 1 November 1973 in order that they may be submitted in time for consideration, together with further recommendations of the Special Rapporteur, at the thirtieth session of the Commission on Human Rights ; 3. Authorizes the Special Rapporteur to carry out further consultations, as he deems necessary, with the bodies of the United Nations concerned, the specialized agencies and appropriate regional intergovernmental organizations; 67/ See above, chap. XX, resolution 14 (XXIX) and chap. IX, paras. 223-229. See also annex III, below, paras. 12-15. -102- 4- Requests the Special Rapporteur to complete his study, taking into consideration comments and observations by Governments, specialized agencies and intergovernmental organizations, as well as the views expressed at the twenty-ninth session of the Commission on Human Rights, and to report to the Commission at its thirtieth session; 5. Requests the Secretary-General to provide the Special Rapporteur with appropriate assistance; 6. Further requests the specialized agencies, the regional economic commissions and the bodies of the United Nations concerned, as well as other intergovernmental organizations, to provide the Special Rapporteur with the appropriate assistance needed for the successful accomplishment of his task; 7- Recommends that priority consideration be accorded to this item at the thirtieth session of the Commission on Human Rights with a view to the Commission's taking final action on the report. X Draft convention on the suppression and punishment of the crime of apartheid 68/ The Economic and Social Council, Recalling resolution 2922 (XXVIl) of the General Assembly, Having considered the draft convention on the suppression and punishment of the crime of apartheid: 1. Approves the draft convention on the suppression and punishment of the crime of apartheid; 2. Recommends to the General Assembly at its twenty-eighth session to consider and to approve the draft convention on the suppression and punishment of the crime of apartheid. XI Yearbook on Human Rights 69_/ The Economic and Social Council, Recalling its resolutions 275 C (X), 303 (XI), 683 D (XXVl) and 826 D (XXXII), Further recalling its resolution I693 (LIl) which, inter alia, directed the Ad Hoc Committee on Periodic Reports of the Commission on Human Rights to examine the effectiveness of the present system of collecting and disseminating information about the realization of human rights, giving particular attention to the Yearbook on Human Rights and its relation to periodic reports on human rights, 68/ See above, chap. XX, resolution 16 (XXIX) and chap. IV, paras. 74-78' 69_/ See above, chap. XX, resolution 21 (XXIX) and chap. XIII, paras. 304-307. -103- 1. Takes note of the report of the Ad Hoc Committee on Periodic Reports on its special session (E/CN.4/1IO4); 2. Decides henceforth to issue the Yearbook on Human Rights every two years, beginning with the Yearbook for 1973-1974; 3. Further decides that the Yearbook on Human Rights should comprise three sections, as follows. (a) A section on national developments during the period, relating to human rights as defined in the Universal Declaration of Human Rights and containing concise narrative accounts by Governments of legislative and other developments, arranged under subject headings; (b) A section on Trust and Non-Self-Governing Territories compiled in accordance with resolution 275 C (x) of the Economic and Social Council and arranged in the same way as the section on national developments; (c_) A section on international developments containing material on international agreements and a brief account of United Nations activities in the field of human rights during the period; 4. Requests the Secretary-General to request Governments to submit. (a) Concise accounts, in narrative form, of national developments during the period under review, arranged under subject headings; (b) Texts of laws, court decisions and other relevant documentation which would be retained for reference purposes and referred to in footnotes to the narrative account but which would not be reproduced; 5. Further requests the Secretary-General. (a) To urge Governments to submit their contribution to the Yearbook within the time-limit set and in one of the official languages of the United Nations; (b) To consult with those Governments which have not submitted contributions within the time-limit about the possibility of reproducing relevant material he has received from them in response to other requests for information on human rights topics; (c) To urge Governments to appoint correspondents as envisaged in Economic and Social Council resolution 303 H (Xl); 6. Requests the Secretary-General to consider ways of making the Human Rights Yearbook widely known; 7. Requests the Ad Hoc Committee on Periodic Reports to keep under review suggestions for improving the Human Rights Yearbook, including the possibility of a topical section containing more detailed information concerning developments with respect to rights covered by the current cycle of periodic reports. -IO4- XII Report of the Commission on Human Rights The Economic and Social Council Takes note of the report of the Commission on Human Rights at its twenty-ninth session. B. Decisions for action by and other matters of concern to the Economic and Social Council 1. Draft programme for a decade for action to combat racism and racial discrimination 70/ At its 1203rd meeting, on 9 March 1973? in accordance with General Assembly resolutions 2784 (XXVT) and 2919 (XXVIl) and the decision of the Economic and Social Council at its 1849th meeting on 10 January 1973? "the Commission submitted to the Council for submission to the General Assembly the draft programme for a decade for action to combat racism and racial discrimination set out in the Commission's resolution 1 (XXIX). 2. Further studies on racial discrimination 71/ The Council's attention is drawn to the decision of the Commission on Human Rights drawing the attention of the Economic and Social Council to resolution 7 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities and requesting the Council to consider the resolution of the Sub-Commission in the light of resolution 1 (XXIX) of the Commission relating to the draft programme for a decade for action to combat racism and racial discrimination. 3. Teaching of human rights in universities, and development of an independent scientific discipline of human rights 72/ In paragraph 2 of resolution 17 (XXIX) the Commission on Human Rights draws the attention of the Economic and Social Council to the fact that it favours the establishment of a centre for teaching and research in the field of human rights within the framework of the United Hâtions University established by General Assembly resolution 2951 (XXVIl). 70/ See above, chap. XX, resolution 1 (XXIX). See also annex III below, paras. 4-11• 7l/ See above, chap. XX, section B, decision 3» See also resolution 7 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/1IOI, chap. XIV) and chap. XX above, resolution 1 (XXIX). 72/ See above, chap. XX, resolution 17 (XXIX). -IO5- 4. Report of the Ad Hoc Working Group of Experts 22/ In resolution 19 (XXIX) the Commission has made the following recommendations and requests to the Economic and Social Council for action; (a) In paragraph 8 the Council is recommended to request the Secretary-General, in consultation with the relevant organs of the United Nations, to explore ways and means of providing assistance to the victims of the situation referred to in the resolution, particularly the political prisoners and members of their families; (b) In paragraph 9 the Council is requested to call upon the Secretary-General and the United Nations Council for Namibia to take into consideration the conclusions and recommendations of the Ad Hoc Working Group of Experts on Namibia (E/CN.4/IIII, chap. VI, section B) in their activities relating to Namibia; (c) In paragraph 10, the Council is recommended to invite the General Assembly to bring to the notice of the Security Council the reported aerial bombardment and the use of poisonous chemical substances in the liberated areas by the Government of Portugal (E/CN.4/1111, chap. VI, section D (l00)); (d) In paragraph 18, the Council is recommended to make arrangements for adequate and sufficient financial resources and staff to be provided for the Ad Hoc Working Group of Experts to carry out its mandate; (e) In paragraph 19, the Council is invited to ask the Secretary-General to give wide publicity to the report of the Ad Hoc Working Group of Experts (E/CN.4/IHI) ; (f) The Economic and Social Council may wish, as the Commission has done in paragraph 12 of its resolution, to remind the Special Committee on Apartheid and the International Law Commission to expedite their comments and suggestions on the study of the Ad Hoc Working Group of Experts concerning the question of apartheid from the point of view of international penal law (E/CN.4/IO75 and Corr.l). 5. Periodicity of the sessions of the Commission on Human Rights and its subsidiary bodies 74/ In its resolution 20 (XXIX) the Commission on Human Rights has recommended to the Economic and Social Council that it maintain in effect: (a) Council resolutions II56 (XLl) and II65 (XLl) insofar as the Council decided in those resolutions to authorize the Commission to continue to meet annually for a period not less than four or not more than six weeks; (b) Council resolution 502 A (XVl) by which it decided that the Sub-Commission on Prevention of Discrimination and Protection of Minorities should meet at least once a year for three weeks. 7j/ See above, chap. XX, resolution 19 (XXIX). 74/ See above, chap. XX, resolution 20 (XXIX). -106- 6. Rationalization and improvement of the system of periodic reports on human rights 75/ By its resolution 22 (XXIX) the Commission on Human Rights forwarded to the Economic and Social Council the report (E/CN.4/UO4) of the Ad Hoc Committee on Periodic Reports of the Commission on Human Rights on its special session which was held in accordance with Council resolution 1693 (LIIl), and the Commission endorsed the general recommendation and the recommendations concerning periodic reports on human rights set forth In paragraphs 27 A and 27 B of the Ad Hoc Committee1 s report. 7. Periodic reports on human rights,on civil and political rights J6/ In paragraph 18 of its resolution 24 (XXIX) the Commission on Human Rights requests the Economic and Social Council to draw the attention of the General Assembly to the importance of the periodic reports system and to invite the General Assembly to urge States Members of the United Nations and members of the specialized agencies to co-operate fully in submitting reports under that system. 73/ See above chap. XX, resolution 22 (XXIX). 76/ See above, chap. XX, resolution 24 (XXIX). ANNEXES Annex ± 'LTTEEDANCE Members Austria: Mr. Felix Ermacora, Mr. Franz Ceska Bulgaria: Mr. Luben Pentchev Byelorussian Soviet Socialist Republic: Mr. G.N. Stankevich, Mr. S.A. Khodos Chile: Mr. Humberto Diaz Casanueva, Mrs. Leonora Kracht, Mr. Mario Scheggia Doninican Republic: Mr. Armando Oscar Pacheco, Mr. Pabio Herrera-Roa -X- Ecuador: Mr. José R. Martinez Cobo, Mr. Hugo Jâtiva Egypt: Mr. Hussein Khallaf, Mr. Mahmoud Aboul-Nasr , Mrs. Mervate Tallawy Mr. Sami Draz France : Mr. Pierre Juvigny, Mrs. Nicole Questiaux , Mr. Jacques Bourgoin , Mrs. Germaine Hirlenann** Ghana : Mr. Kofi Sekyiamah India: Mrs. Leela Damodara Menon, Mr. A.S. Mani , Miss Shyamla Balasubramanian a/ * Iran: H.I.H. Princess^Ashraf Pahlavi,—1 Mi'. Ali Naghi Alikhani ^ Mr. Ali Aghassi", Mr. Gholam-Ali Sayar^-Mrs. Mostafa Dabiri Miss Soheila Chahkar* Iraq: Mr. Hishan Al-Shawi, Mr. Nabil Najim Al-Tikriti , Mr. Riyadh Al-Adhani Mr. Talal Al-Khudhairi* Italy: Mr. Giuseppe Sperduti, Mr. Antonio Cassese , Mr. Mario Alessi , Mr. Carlo Selvaggi , Lebanon: Mr. Edouard Ghorra, Mr. Samir Chamma Mauritius : Mr. Radha Krishna Ramphul Mexico: Miss Maria Lavalle Urhi nas Miss Alicia Cabrera Silva * Alternate Adviser a/ Did not attend session -108- Netherlands : Mr. Th. C. van Boven, Mr. A.P. van Walsum Nicaragua. Mr. Juan José Morales-Marenco Nigeria; Mr. Adeitan Ayinde Adedirarr^ , Mr. ïayaA.O. Jinadu, Mr. M.T. Gbashah Norway ; Mr. Jens Evens err^, Mr. Ivar Eriksen*, Mr. Hans Wilhelm Longva*, Mr. Oddmund Graham* Pakistan; Mr. Niaz A. Naik, Mr. Naseem Mirza , Mr. M. Javed Khan Philippines : Mr. José D. Ingles, Mr. Virgilio Managas*, Mr. Nelson D. Lavina* a/ ~x Romania: Mr. Ion Bat eu—' , Mr. Constantin Ene , Mr. Gheorghe Tinca Senegal; Mr. Kéba M'Baye, Mr. Ousamne Goundiam , Mr. Charles Delgado , Mr. Parsine Crespin* a/ * Tunisia: Mr. Rachid Driss—' , Mr. Tahar Bclkhodja , Mr. Ali Chtioui , Mr. Ahmed Ben Brahim** Turkey: Mr. Suat Bilge, Mr. Aykut Berk , Mr. Aydemir Erman Union of Societ Socialist Republics: Mr. V.S. Safronchuk^, Mr. Evgeny Makeyev*, Mr. K.P. Goutsenko*, Mr. N.I. Evdokeyev**, Mr. V.K. Radtchenko**, Mr. A.S. Zaitsev**, Mr. J.A. Reshetov** United Kingdom of Great Britain and Northern Ireland: Sir Keith Unwin, Miss Hilary Reid*, Mr. E.W. Callway** United Republic of Tanzania: Mr. C.S.M. Ms elle, Mr. S.E. Ihema* United States of America: Mr. Phillip E. Hoffman, Mr. C. Clyde Ferguson, Jr. , Mr. Warren E. Hewitt*, Mr^_ Arthur M. Stillman*, ^ Mr. Richard A. Cleveland , Mr. J. Steward Cottman a/ * * Venezuela: Mr. Andres Aguilar—' , Mr. Tulio Alvarado , Miss Esther Mcneses Zaire : Mr. Yakembe Yoko, Mr. Bin Kankumba Massudi , Mr. Buleazakala-Atembina K'Poku Observers from Member States The following States Members of the United Nations were represented by observers: Algeria, Argentina, Australia, Belgium, Canada, Cuba, Czechoslovakia, Finland, Greece, Hungary, Israel, Jamaica, Japan, Jordan, Libyan Arab Republic, Mongolia, New Zealand, Peru, Poland, Saudi Arabia, Spain, Syrian Arab Republic, Trinidad and Tobago, Yugoslavia. * Alternate Adviser a/ Did not attend session -109- Office of the United Nations High Commissioner for Refugees The Office of the High Commissioner for Refugees was represented at various meetings of the session. Specialized agencies The following specialized agencies were represented: International Labour Organisation and United Nations Educational, Scientific and Cultural Organization. Regional intergovernmental organizations The following regional intergovernmental organizations were represented: Council of Europe, Inter-American Commission on Human Rights (Organization of American States), League of Arab States. Non-governmental organizations The following non-governmental organizations sent observers to the session: Category I International Confederation of Free Trade Unions, International Council of Women, International Council on Social Welfare, League of Red Cross Societies, World Confederation of Labour, World Federation of Trade Unions, World Federation of United Nations Associations. Category II All-India Women's Conference, All-Pakistan Women's Association, Amnesty International, Anti-Slavery Society, Baha'i International Community, Catholic International Union for Social Services, Commission of the Churches for International Affairs, Consultative Council of Jewish Organizations, Friends World Committee for Consultation, International Alliance of Women, International Association for Social Progress, International Catholic Child Bureau, International Catholic Migration Commission, International Commission of Jurists, International Committee of the Red Cross, International Conference of Catholic Charities, International Council of Jewish Women, International Council on Jewish Social and Welfare Services, International Council of Social Democratic Women, International Federation of Business and Professional Women, International Federation fcr the Rights of Man, International Federation of Social Workers, International Federation of University Women, International Federation of Women Lawyers, International Law Association, International League- for the Rights of Man, International Movement for Fraternal Union among Races and Peoples, International Student Movement for the United Nations, International Union for Child Welfare, Pan-Pacific and Southeast Asia Women's Association, Pax Romana, St. Jean's International Alliance, Women's International League for Peace and Freedom, Women's -110- International Zionist Organization, World alliance of Young Men's Christian Associations, World Association of Girl Guides and Girl Scouts, World Jewish Congress, World Peace through Law Centre, World Union of Catholic Women's Organizations, World Young Women's Christian .association, Zonta International. Roster International Federation of Free Journalists, International association for Religious Freedom. -Ill- Ânnox II Agenda of tho twenty-ninth session of the Commissio: 1. Election of officers. 2. Adoption of the agenda. 3. Organization of tho work of the session (Economic and Social Council resolution I694 (ill)). 4. Elimination of racial discrimination (Commission resolution 2 (XXVIII)): (a) Continued international action to combat racism and racial discrimination. Decade for action to combat racism and racial discrimination (General Assembly resolutions 2784 (XXVl), section I, 2785 (XXVl) and 2919 (XXVIl); Commission resolution 1 (XXVIII) and resolution 3 (XXV) of the Sub- Commission on Prevention of Discrimination and Protection of Minorities); (b) Draft convention on the suppression and punishment of the crime of apartheid (General Assembly resolution 2922 (XXVIl)). 5» Exploitation of labour through illicit and clandestine trafficking (Economic and Social Council resolution 1706 (LIIl) and General Assembly resolution 2920 (XXVII)). 6. Question of the violation of human rights in the territories occupied as a result of hostilities in the Middle East (Commission resolution 3 (XXVIIl)). 7. Question of the realization of the economic, social and cultural rights contained in the Universal Declaration of Human Eights and in the International Covenant on Economic, Social and Cultural Eights, and the study of special problems relating to human rights in developing countries (Commission resolutions 14 (XXV), 11 (XXVl), 17 (XXVIl) and 5 (XXVIIl), and Economic and Social Council resolutions 1421 (XLVl), I5O2 (XLVIIl), 1595 (L) and I689 (LIT)). 8. Question of the punishment of war criminals and of persons who have committed crimes against humanity (Commission resolution 7 (XXVIIl); Economic and Social Council resolution I69I (LIl) and General Assembly resolutions 2840 (XXVl) and 3020 (XXVIl)). 9. Eeports and studies of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (Economic and Social Council resolution I694 (LIl)); (a) Draft principles relating to equality in the administration of justice (Economic and Social Council resolution 1594 (h)5 General Assembly resolution 2858 (XXVl) and Commission resolution 8 (XXVIIl)); a/ See chapter I above, paras. 5 an(i 6. -112- (b) Study of discrinination in the natter of political rights, and draft general principles on freedon and non-discrimination in the natter of political rights (Comnission decision of 5 April 1972)? (ç) Study of discrinination In respect of the right of everyone to leave any country, including his own, and to return to his country, and draft principles on freedon and non-discrinination in respect of that right (Commission decision of 5 April 1972), (d) Study of discrimination against persons born out of wedlock, and draft general principles on equality and non-discrinination in respect of such persons (Commission decision of 5 April 1972); (je) Reports of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its twenty-fourth and twenty-fifth sessions (Connission decision of 5 April 1972). 10. Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories, including? (a) Report of the Ad Hoc Working Group of Experts (Connission resolution 7 (XXVII)); (b) Study of situations which reveal a consistent pattern of gross violations of hunan rights, as provided in Connission resolution 8 (XXIIl) and Econonic and Social Council resolutions 1235 (XLIl) and 1503 (XLVIIl); Model rules of procedure for United Nations bodies dealing with violations of hunan rights (Commission resolution 14 (XXVIl) and de cision of 6 April 1972). 11. Hunan rights and scientific and technological developments s report of the Secretary-General (General Assembly res olutions 2450 (XXIII), 2721 (XXV) and 3026 (XXVIl); Comnission resolution 10 (XXVIl) and decision of 6 April 1972). 12. Review of the human rights programme, establishment of priorities and control and limitation of documentation (Commission decision of 6 April 1972). 13. Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination (General Assembly resolution 2649 (XXV) ; and Corxiission resolution 8 A (XXVIl) and de cision of 6 April 1972). 14- Periodic reports on human rights (Economic and Social Council resolution 1596 (L) and Connission decision of 6 April 1972). 15- Report of the Committee on Crime Prevention and Control on its first session (Econonic and Social Council resolution 1584 (L)). -113- Question of measures to be taken against ideologies and practices based on Lrrcr or on incitement to racial discrimination or any other form of group hatred (General .assembly rcsc luticn 2839 (XXVI), and C oumission decision of 6 ,LPril 1972). The rclr of youth in the promotion and the protection of human rights (Commission resolution 11 ^ (XXVIl)), including: (a) The question of conscientious objection tc military service: report cf' the Secretary-General (Commission resolution 11 B (XXVIl))" (b) Tee.cïiing of humeri rights in universities, and development of an independent scientific discipline of human rights; report of the United Nations Educational, Scientific and Cultural Organization (Commission resolution LI C (XXVIl)). Study of the right of everyone to be free from arbitrary arrest, detention and exile; study of the right of arrested persons to communicate with those whom it is necessary for them t^ consult in order to ensure their defence or to protect thoir essential interests, end draft principles on freedom from arbitrary arrest and detention (Commission resolution 23 (XXV) and decision of 6 April 1972). .advisory services in the field of human rights. Further promotion and encouragement of respect for human rights and fundamental freedoms (Commission decision of 6 April 1972). Question of an international code of police ethics (Commission decision of 6 .vpril 1972) . Communications concerning human rights. Election to fill two vacancies in the membership) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Report of the Commission tc the Economic and Social Council on its twenty- ninth session. -114- Annex III FINANCIAL IMPLICATIONS OF RESOLUTIONS AND DECISIONS ADOPTED BY THE COMMISSION AT ITS TWENTY-NINTH SESSION 1. In the course of its twenty-ninth session, the Commission adopted a total of twenty-four resolutions, as well as other decisions, five of which have financial implications. The Secretary-General, in compliance with regulation 13-1 of the Financial Regulations of the United Nations and rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council, submitted statements of the administrative and financial implications of the proposals. 2. If the Economic and Social Council approves the proposals contained in the report of the Commission, the Secretary-General would request from the General Assembly at its twenty-eighth session any additional resources needed to implement the proposals in (1975)? 1974 and 1975» Resources needed in 197^ and subsequent years would be included in the budget request for the appropriate years. 3- The financial implications may be summarized as follows: 1976 and Resolution subsequent No. Subject Reauirements 1973 1974 1975 years Uus) ($US) ($us) (lus) / 1 (XXIX) Draft programme Annual session of 99,500^ 134s 500^/ 134, 500^ for a decade for special committee (or (or (or action to combat for co-ordinating 89,000 124,000 124,000 racism and racial programmes and if if if discrimination evaluating session session session activities under in New in New in New the Decade; staff York) York) York) and travel requirements for the Division of Human Rights a/ Calculated cn the basis of assumption that the annual sessions of a special committee would be held in Geneva. The costs would be increased by $5,500 if Chinese interpretation is required. -II5- 1976 and Résolution subsequent No. Subject Requirements 1973 1974 1973 years (SUS) Tlus) ($US) (SUS) 14 (XXIX) Question of Travel and 16,600 17,600 the realiza subsistence tion of the of Special economic. Rapporteur ; social and expert cultural consultant rights con services ; tained in typing, the Universal translation Declaration and of Human reproduction Rights and of report in the International Covenant on Economic, Social and Cultural Rights, and the study of special prob lems relating to Human Rights in developing countries Model rules of Travel and 9,00 procedure for subsistence United Nations of substantive bodies dealing staff; inter with violations pretation ; of human rights typing, trans lation and reproduction of documentation b/ The equivalent cost would be $10,000 if meeting of the Working Group is held in Geneva. -116- 1976 and Resolution subsequent No. Subject Requirements 1913. 19.74 1975 years Tlus) Tlus) Tjus) (fus) 19 (XXIX) Report of the Travel and 7,700 181,100 18,300 Ad Hoc Working subsistence Group of Experts of experts and of sub stantive, administra tive and conference servicing staff; conference servicing costs and general expenses Decision Reports and Travel and 8,600 28,200 7,200 taken at studies of subsistence the the Sub- of Special 1221st Commission on Rapporteur; meeting Prevention of substantive of the Discrimination support Comm and Protection ission, of Minorities; 22 March further studies 1973 on racial discrimination TOTAL; 32,900 370,400 160,000 134,500 (or 360,900)(or 149,500)(or 124,000) -117- Resolution 1 (XXIX). Draft programme for a Decade for Action to Combat Racism and Racial Discrimination 4. In the operative paragraph of the resolution, the Commission on Human Rights submits to the Economic and Social Council, for submission to the General Assembly, a draft programme for a decade for action to combat racism and racial discrimination. 5- As set forth in the Commission's resolution, the programme for the Decade comprises a number of major components for which individual statements of financial implications will in due course have to be submitted in accordance with the applicable rules of procedure. 6. At the time when the Commission adopted the resolution, sufficiently precise data were available only as regards (a) the holding of an annual session of the special committee to be set up within the framework of the programme for the Decade, and (b) the additional staff requirements in the Division of Human Rights as a consequence of the work-load accruing to the Division. A. Special committee 7. The estimates set out below were based on the assumption that. (a) The special committee would hold one two-week session annually in Geneva or New York during the ten years from 1974 to 1983» (b) There would be two meetings daily, one in the morning and one in the afternoon ; (_c) Simultaneous interpretation from and into English, French, Russian, Spanish and possibly Chinese would be required; (d) Pre-session documentation would amount to 300 pages; (_e) In-session documentation would amount to a total of 50 pages; in addition there would be a draft report of about 100 pages, totalling some 150 pages to be produced in English, French, Russian and Spanish; there would be no written records; (f) Post -session documentation would consist of a final report of about 100 pages to be edited and reproduced by offset in English, French and Spanish. 8. If the 1974 session were to be held at Geneva in June, the provision of the pre-, in- and post-session documentation (in view of its limited volume) would be absorbed from within existing resources, provided that the permanent establishment of the United Nations Office at Geneva had been adequately reinforced, as foreseen, by the transfer of the Division of Human Rights to Geneva during 1973» Additional costs would, however, have to be incurred for the recruitment, under temporary assistance, of a team of eight interpreters, at an estimated cost of $14,500. -118- Should Chinese interpretation he required, three additional interpreters would have to be assigned from United Nations Headquarters, which would entail additional expenses for travel and subsistence estimated at $3,500. 9. If the 1974 session were to be held in New York in June, United Nations Headquarters would be in a position to provide the servicing from its permanent establishment. Provision would have to be made, however, for travel of three substantive staff members from Geneva to New York, at an estimated cost of $45000 for travel and subsistence. B. Staff requirements 10. The implementation of the programme will entail an additional work-load for the Division of Human Rights the staff requirements for which are at present assessed as follows, on an annual basis; 1974 1975 and ($US) subsequent years ($US) 1 D-l (from 1974) 2 P-4 (l from 1974; 1 from 1975 Salaries and common staff 1 P-3 (from 1974) costs 71,000 96,000 3 G.S. (2 from 1974; 1 from 1975) Consultant services (6 man/months in 1974? 12 man/months in 1975 and subsequent years) 10,000 20,000 Travel of staff 4,000 4,000 TOTAL; 85,000 120,000 Initially, the requirement could be limited to three professional posts (one D-l, one P-4 and one P-3) and two general service posts, and six man-months of consultant services at an estimated annual cost of $85,000, as set forth in the above table. This staff would gradually increase as the programme developed. Note: The above cost estimates under A and B are based on averages for 1974 as at present computed, and are subject to possible variations in unit costs and adjustments in exchange accounting rates. C. Other elements 11. As regards other components of the programme for the Decade, notably the proposed world conference on combating racism and racial discrimination, the Secretary-General intends to submit more detailed financial estimates at a subsequent stage, when the scope and phasing of the activities envisaged are more precisely defined. -119- Resolution 14 (XXIX). Question of the realization of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic. Social and Cultural Rights, and the study of special problems relating to human rights in developing countries 12. Under the terms of operative paragraph 2 of the draft resolution recommended for adoption by the Economic and Social Council, the Council would request the the Secretary-General to forward the Special Rapporteur's report to States Members of the United Nations, members of the specialized agencies, and States parties to the Statute of the International Court of Justice for their comments and observations, to be received by 1 November 1973 in order that they may be submitted in time for consideration, together with further recommendations of the Special Rapporteur, at the thirtieth session of the Commission on Human Rights. 13. In operative paragraphs 3 to 7 of the draft resolution, the Council would authorize the Special Rapporteur to carry out further consultations, as he deems necessary, with the bodies of the United Nations concerned, the specialized agencies and appropriate intergovernmental organizations: request the Special Rapporteur to complete his study, taking into consideration comments and observations by Governments, specialized agencies and intergovernmental organizations, as well as the views expressed at the twenty-ninth session of the Commission on Human Rights and to report to the Commission at its thirtieth session: request the Secretary-General to provide the Special Rapporteur with appropriate assistance; further request the specialized agencies, the regional economic commissions and the bodies of the United Nations concerned, as well as other intergovernmental organizations, to provide the Special Rapporteur with the appropriate assistance needed for the successful accomplishment of his task; and recommend that priority consideration be accorded to this item at the thirtieth session of the Commission on Human Rights with a view to the Commission's taking final action on the report. 14. For the purpose of determining the financial implications of this draft resolution certain assumptions were made; these are given below, together with the related estimated costs: In 1975 (SUS) (a) Visit by the Special Rapporteur to Bangkok for consultations with ECAFE 1,250 Subsistence (6 days) 200 (b) Visit by the Special Rapporteur to Addis Ababa and Santiago (Chile) for consultations with ECA and ECLA 3,450 Subsistence (15 days) "J00 -120- In 1973 (*US) (c) Visit by the Special Rapporteur to Geneva, Rome, Paris, Strasbourg (if necessary), New York and Washington (if necessary) for consultations with the secretariats of ECE, PAO, UNESCO, United Nations, OAS and IBRD (round trip) 2,850 Subsistence (15 days) 900 (d) Visit by the Special Rapporteur to Geneva for finalization of report 85O Subsistence (10 days) 400 (e_) Consultant services 6,000 TOTAL 16,600 In 1974 (a) Visit by the Special Rapporteur to New York for presentation of conclusions and recommendations to the Commission at its thirtieth session 1,850 Subsistence (15 days) 750 (b) Documentation; translation, revision, typing and reproduction of a report (lOO pages) in English, French, Russian and Spanish and distribution / thereof 15,000-/ TOTAL 17,600 Récapitulation 1975 1974 Tjus) Tftîs) Travel 8,400 1,850 Subsistence 2,200 750 Documentation - 15,000 Consultants 6,000 6,000 TOTAL 16,600 17,600 Note: The above cost estimates are subject to adjustments in the exchange accounting rates. c/ With appropriate timing, and provided Languages Division staff is adequately reinforced in 1974, this additional workload might possibly be absorbed. -121- 15» Accordingly, implementation of the draft resolution in accordance with the above assumptions would entail foreseeable additional expenditures in the amounts of $16,600 in 1973 and $17,600 in 1974. The costs would be included, as appropriate, in the supplementary estimates for 1973 and the revised estimates for 1974/75. Resolution 15 (XXIX). Model rules of procedure for United Nations bodies dealing with violations of human rights 16. Under the terms of paragraph 2 of the resolution, the Commission on Human Rights requests the Working Group on model rules of procedure to meet again immediately before the thirtieth session of the Commission, with a view to continuing and completing the examination of the draft model rules of procedure. 17. For the purpose of determining the financial implications of the resolution, the following assumptions have been made: (a) As the Working Group on model rules of procedure is composed of members of the Commission, no costs would arise with respect to the travel of its members; (b) The Working Group would hold two meetings a day for a period of approximately one and a half weeks immediately prior to the Commission's twenty- ninth session, which will be held in Geneva or New York; (c_) Interpretation services in four languages would be required; (cl) Documentation would be required in four languages, as follows:- pre-session: 200 pages, in-sessions 75 pages, and post-session: 30 pages; (e) No summary records would be required; (f) The services of two substantive officers would be required to service the meetings of the Working Group and to prepare its report to the Commission. 18. Based on the foregoing assumptions, the financial implications of the resolution have been calculated, at the prevailing rates, as follows: 1974 Tins) New York Geneva (a) Interpretation: 8 interpreters, 1 technician (10 days). Salaries, subsistence and travel - 10,000 Costs in New York depend on the availability of permanent staff resources at the time of the Working Group's meeting. -122- 1974 ($US) New York Geneva (b) Pre-session documentation: contractual translation, typing and reproduction in English, French, Russian and Spanish (200 pages, limited distribution) (ç) In-se ssion documentation: contractual translation, typing and reproduction in English, French, Russian and Spanish (75 pages, limited distribution) 4,000 (d) Post -session documentation: contractual translation, typing and reproduction in English, French, Russian and Spanish (a 30-page report to the Commission on Human Rights in 1974, general distribution) 2,000 (_e) Travel (economy class, Geneva/New York/Geneva) and subsistence for 2 substantive staff to service the meeting of the Working Group (2 weeks) 3,000 TOTAL 9,000 10,000 Note : The above cost estimates are subject to adjustments in the exchange accounting rates. 19. Accordingly, implementation of the resolution in accordance with the above assumptions would entail additional expenditures estimated at $10,000 for the financial year 1974 if the Working Group were to meet in Geneva, or $9,000 if it were to meet in New York. Provisions would have to be made accordingly in the 1974/75 revised estimates. Resolution 19 (XXIX). Report of the Ad Hoc Working Group of Experts 20. Under the terms of paragraphs 13, 14, 15, 16 and 17 of the resolution, the Commission on Human Rights requests the Ad Hoc Working Group to continue carefully to observe and survey further developments concerning the policies of apartheid and racial discrimination present in the situation prevailing in Namibia, Southern Rhodesia, Angola, Mozambique, Guinea (Bissau) and resulting from the actions of the illegal South African régime in Namibia, the illegal minority régime in Southern Rhodesia and the Portuguese régime in Angola, Mozambique and Guinea (Bissau), and to notify such events to the Chairman of the Commission in due course 1 to give particular attention to situations which interfere with human rights in Guinea (Bissau), a subject on which the Group has not yet submitted a report; to remain active and vigilant in its observation of colonial and racially -123- discriminatory practices, especially those arising- from the Bantu, homeland policies and the disclosure of the payment of wages below the poverty line to black African workers, in South Africa; to submit a report on its findings to the Commission not later than at its thirty-first session and to present an interim report to the Commission at its thirtieth session; to list all inhuman acts resulting from punishment meted out to the freedom fighters of the liberation movements in Angola, Mozambique and Guinea (Bissau) and to compile a comprehensive report for the consideration of the Commission at Its thirty-first session. 21. For the purpose of determining the financial implications of the resolution,, the following assumptions have been made: (a) The Ad Hoc Working Group, composed of 6 experts,, would meet for approximately two weeks in Few York in June 1973• (b) The Ad Hoc Working Group would meet again in January/February 1974 In Geneva for approximately 10 days prior to the Commission's thirtieth session, to prepare its report to the Commission and to make arrangements for the field mission to Africa. (_c) In the summer of 1974 the Ad Hoc Working Group, accompanied by 14 substantive administrative and conference servicing staff, would carry out a field mission for a total duration of approximately five weeks and visit the following cities and regions (Geneva, London, Dar-es-Salaam, Brazzaville/Kinshasa/Conakry/Lusaka/l>akar/Malawi (or Botswana) for the purpose of hearing testimony, verbatim reports of which would serve as the main basis of the Working Group's report. (d) The Ad Hoc Working Group would meet again in Geneva in January/ February 1975 for a period of approximately two weeks to finalize its report to the Commission on Human Rights at its thirty-first (1975) session. 22. On the above assumptions, the relevant costs are estimated as follows: 1975 1974 I. Meeting in Few York, June 1975 (approximately 2 weeks) Travel and subsistence of 4 members Travel (first class) 1 Dakar ) 1 Vienna ) - Few York 5,000 1 Belgrade ) 1 Paris ) Subsistence 2,700 7,700 -124- 1973 1974 Tjus) Tjus) II. Meeting in Geneva, January/February 1974 (approximately 10 days) 1. Travel and subsistence of 6 members (a) Travel (first class) 3,600 (b) Subsistence 2.100 - 5,700 2. Conference servicing costs (a.) Interpretation, (8 interpreters, 1 technician): travel and subsistence (10 days) - 9,600 (b_) Pre-session documentation; contractual translation, typing and reproduction in English, French and Spanish (50 pages, restricted distribution) - (c) Post-session documentation (report to be submitted to the Commission on Human Rights at its thirtieth session): contractual translation, typing and reproduction in English, French, Russian and Spanish (lOO pages) Total, sections I and II 7,700 15*300 III. Field mission to Africa (London/Geneva/Dar-es-Salaam/ Brazzavilie/fe.nshasa/Conakry/Lusaka/l)akar /Malawi (or Botswana) (approx. 5 weeks,summer 1974) 1. Travel and subsistence of 6 members (a) Travel (first class) 25,500 (b) Subsistence at varying rates 11,000 - 36,500 -125- 1975 1974 UÛS) TJTJS) 2. Travel and subsistence of substantive, administrative and conference servicing staff (composition of staff is listed below (a) Travel (economy class) for 14 staff members 45 ?5 00 (]D) Subsistence at varying rates (15 staff) 16,800 - 62,300 1975 1974 1975 Tiûs) Tius) TPs) Staff: Principal Secretary 1 Assistant Secretary 1 Administrative and finance officer 1 Interpreters (two English, two French and two Spanish) 6 Verbatim reporter 1 Sound engineer (from New York) 1 Secretaries 3 Portuguese-English interpreter (local recruit in region) 1 15 3. Salaries/wages to free-lance conference servicing staff (5 weeks) (a.) Six interpreters (salary and subsistence) 23,100 (b) One sound engineer (salary and subsistence) 1,900 (c) One local interpreter (salary and subsistence) 2,000 - 27,000 -126- 1975 1974 1975 T$ûs) Xlus) TJus) 4. General expenses (a) Rental of conference rooms and office space (b) Local transportation (_c) Communications (administrative and press cables, etc.) (d) Air freight (sound equipment, tapes, etc.) (_e) Travel and subsistence of witnesses (f) Miscellaneous expenses (g) Rental of equipment 12,000 157,800 5- Conference servicing costs (a) Testimony of witnesses (contractual translation, typing and reproduction in English, French and Spanish) (1,200 pages) 28,000 Total, section III 165,800 IV. Meeting in Geneva - January/February 1975 (approximately 2 weeks) 1, Travel and subsistence of 6 members (a) Travel (first class) 4,000 (b) Subsistence 5.500 7,300 2. Conference servicing costs (a) Interpretation (8 interpreters, 1 technician); salary and subsistence for 2 weeks 11,000 -127- 1975 1974 1975 Tius) ($US) (lus) (b) Pre-session documentations contractual translation, typing and reproduction in English, French and Spanish (l50 pages, restricted distribution) (ç_) Post-session documentations contractual translation, typing and reproduction in English, French, Russian and Spanish (200 pages, general distribution) Total, section IV - - 18,300 GRAND TOTAL 7,700 165,800 18,300 Summary 1975 1974 1975 Tixrs") "(lus) Tjus) I. Meeting in New York (June 1973) 7,700 II. Meeting in Geneva (January/February 1974) - 15,300 - III. Field mission to Africa (summer 1974) - 165,800 PV. Meeting in Geneva (January/February 1975) - - 18,300 TOTAL 7,700 181,100 18,300 Notes The above cost estimates are subject to adjustments in accounting exchange rates. 23. Accordingly, implementation of the resolution in accordance with the assumptions set forth above would have financial implications estimated at 17,700 in 1973, $181,100 in 1974 and 118,300 in 1975. Provisions would have to be made accordingly in the 1973 supplementary estimates and in the 1974/75 revised estimates. Decision taken at the Reports and studies of the Sub-Commission 1221st meeting of the on Prevention of Discrimination and Commission Protection of Minorities s further studies on racial discrimination 24. The Commission decided to draw the attention of the Economic and Social Council to resolution 7 (XXV) of the Sub-Commi ssion on Prevention of Discrimination and Protection of Minorities and requested the Council to consider the resolution of the Sub-Commission in the light of resolution 1 (XXIX) of the Commission relating to the draft programme for a decade for action to combat racism and racial discrimination. -128- 25. Under the terms of the operative part of draft resolution 7 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities the Commission on Human Rights would recommend to the Economic and Social Council that the Council authorize the Commission to entrust the Special Rapporteur of the study on racial discrimination, Mr. Hernan Santa Cruz, with the task of updating his study with special emphasis on discrimination based on colour. 26. Por the purpose of estimating the related costs, the following assumptions have been made s (a) It would be necessary for the Special Rapporteur, who is now stationed in Geneva, to make one visit of approximately two weeks to United Nations Headquarters in 1973 in order to initiate the work required to update his study; (b) Assuming that the Division of Human Rights has been transferred to Geneva, and that the Special Rapporteur is still stationed in Geneva, no travel will be involved in the years 1974 and 1975» However, should the Special Rapporteur's duty station subsequently change, and/or some travel expenses in 1974 and 1975 become necessary in connexion with the study, financial implications would be submitted separately. (c_) The study to be submitted would consist of 100 to 150 pages in English, French, Russian and Spanish, in the form of mimeographed documents. (d.) The preparation, translation, typing, reproduction and distribution of the documentation, in view of its limited volume, could be absorbed within the resources requested by the Secretary-General for the years 1974/75• (e) To provide substantive support to the Special Rapporteur in the years 1975, 1974 and 1975, a total of 18 man/months of temporary assistance at the P-4 level and one secretary at the G-3 level would be required (3 months in 1973 and in 1975, and 12 months in 1974)• 27. Based on the foregoing assumptions, the financial implications of the resolution are summarized hereafter? -129- 1973 1974 1975 HÛS) Uns) Tins) (a) Travel (Geneva/New York/Geneva) and subsistence of the Special Rapporteur for two weeks '. One P-4 for total duration of 18 months (3 man/months in 19731 12 man/months in 1974; 3 man/ months in 1975 1 secretary G-3 level (for the same duration as above) TOTAL 28. Accordingly, should the draft resolution contained in resolution 7 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities be adopted by the Economic and Social Council and implemented in accordance with the assumptions set forth above, it would entail foreseeable additional expenditure in the amount of $8,600 in 1973, $28,200 in 1974 and $7,200 in 1975- The related costs would be included as appropriate in the supplementary estimates for 1973 and in the revised estimates for 1974 and 1975- However, should the Council decide that the updating of the study is to be included in the overall programme of the Decade, then the cost relating to the substantive support during the years 1973» 1974 and 1975 would need to be reflected in the estimates for the Decade and only the cost of travel of the Rapporteur in 1973, estimated at $1,600 as referred to under paragraph 27 above, would need to be provided as necessary in the supplementary estimates for the budget year 1973• Note; The above cost estimates are subject to adjustments in the exchange accounting rates. ef Should the updating of the study be included in the framework of the programme of the Decade for action to combat racism and racial discrimination, the required substantive support to the Special Rapporteur in the years 1973, 1974 and 1975 might be found within the resources approved for the Decade, which would have to be adjusted for the purpose. -I30- Annex IV LIST OF DOCUMENTS BEFORE THE COMMISSION AT ITS TWENTY-NINTH SESSION Agenda Documents of the fifty-fourth session of the Economic and Social Council item No. E/5237 and Add.l and 2 Human rights questions; report of the Commission on Human Rights. Note by the Secretary-General on the elimination of racial discrimination Documents of the Commission Documents issued in the general series E/CN.4/907/Rev.9 Periodic reports on human rights - Status of 14 multilateral treaties in the field of human rights concluded under the auspices of the United Nations; memorandum by the Secretary- General E/CN.4/923/A<3d.6 Question of the violation of human rights and 10 fundamental freed oms, including policies of racial discrimination and segregation and of apartheid in all countries, with particular reference to colonial and other dependent countries and territories - Decisions taken by United Nations bodies containing provisions relevant to the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid in all countries, with particular reference to colonial and other dependent countries and territories (seventh supplement to document E/4226) E/CN.4/l013/Add.5 Study of discrimination in the matter of 9(b) political rights and draft principles on freedom and non-discrimination in the matter of political rights; note by the Secretary- General (replies received from Governments) E/CN.4/l023/Add.5-7 Question of the realization of the economic, 7 social and cultural rights contained in the Universal Declaration of Human Rights and. in the International Covenant on Economic, Social and Cultural Rights, and the study of special problems relating to human rights in developing countries: note by the Secretary-General E/CN.4/l042/Add.4 Study of discrimination in respect of the 9(c) right of everyone to leave any country, includ ing his own, and to return to his country: note by the Secretary-General (replies received from Governments) -I3I- E/CN.4/l078/Add.4 and 5 Study of discrimination against persons born out of wedlocks report of the Secretary-General (replies received from Governments) E/CN.4/l08l/Add.l Implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determinations report of the Secretary-General E/CN.4/l083/Add.2 Human rights and scientific and technological developments s note by the Secretary-General E/CN.4/l093/Add.5-7 Continued international action to combat racism and racial discriminations report of the Secretary-General E/CN.4/1098 and Periodic reports on human rights - Reports on Add-l-17 civil and political rights, including the right of self-determination and the right to independence (comments from Governments) E/C3Ï. 4/1099 and Question of the violation of human rights Add.1-7 in the territories occupied as a result of hostilities in the Middle East; note by the Secretary-General E/CN.4/1100 and Add.l Periodic reports on human rights - Reports on civil and political rights, including the right of self-determination and the right to independence (comments from specialized agencies) E/CN.4/1101 Report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights on its twenty-fifth session E/CN. 4/1102 Periodic reports on human rights - Subject and country index to reports on civil and political rights: note by the Secretary- General E/CN.4/IIO3 Periodic reports on human rights - Analytical summary of reports and other material on civil and political rights for the period 1 July 1968 to 30 June 1971 E/OT. 4/1104 Report of the Ad Hoc Committee on Periodic Reports on its special session (11-19 January 1973) -I32- Agenda item No. E/CN.4/1105 Implementation of resolution VII of the International Conference on Human Rights, entitled "Establishment of a new, additional United Nations programme on racial discrimina tion" - Review of studies of problems of race relations and of the creation and maintenance of racial attitudes? report by the Secretary- General E/CN.4/1106 Provisional agenda? note by the Secretary- General E/CN.4/1106/Add.l and Annotations to the provisional agenda Corr.l and 2 E/CN.4/ll06/Add.2 Decisions of the Economic and Social Council relating to the provisional agenda E/CN.4/1107 Exploitation of labour through illicit and clandestine trafficking? note by the Secretary-General E/CN.4/IIO8 and Add.l. The widening gap - A study of the realization Add.2 (vol.I-IV) and of economic, social and. cultural rights? Add.3-9 report submitted by the Special Rapporteur, Mr. Manouchehr Ganji E/CN.4/1109 Question of the realization of the economic, social and. cultural rights contained in the Universal Declaration of Human Rights and. in the International Covenant on Economic, Social and Cultural Rights, and the study of special problems relating to human rights in developing countries (comments from specialized agencies): note by the Secretary-General E/CN.4/1110 Elimination of racial discrimination (reports from specialized agencies): note by the Secretary-General E/CN.4/1111 Report of the Ad Hoc Working Group of Experts 10(a) prepared in accordance with resolution 7 (XXVIl) of the Commission on Human Rights E/CN.4/1112 and Study of equality in the administration of '(a) Corr.l and Add.1-7 justice: report of the Secretary-General E/CN.4/1113 Report of the Committee on Crime Prevention 15 and Control: note by the Seeretary-General -133- Agenda item No. E/CN.4/IH4 and Add.l Review of the human rights programme, establish- 12 ment of priorities and control and limitation of documentations note by the Secretary-General E/CN. 4/HI5 Human rights and. scientific and technological 11 developments - Preliminary report by the Secretary-General on the impact of scientific and. technological developments on economic, social and. cultural rights E/CN.4/IH6 and Add. 1-3 Human rights and. scientific and technological 11 and Add.3/Corr.l developments - Respect for thé privacy of individuals and. the integrity and sovereignty of nations in the light of advances in record ing and. other techniques; report of the Secretary-General E/CN.4/IH7 Working documents of the twenty-ninth session E/CN.4/1II8 and The role of youth in the promotion and the 17(a) Add.l and. 2 protection of human rights - The Question of conscientious objection to military service: report of the Secretary-General E/CN. 4/IH9 and. The role of youth in the promotion and the 17 (b_) Corr.l and 2 protection of human rights - Teaching of human rights in universit ies, and. development of an independent scientific discipline of human rights: report of the United. Nations Educational Scientific and. Cultural Organization E/CN.4/1120 and Add.l Informat ion submitted, in accordance with Economic and. Social Council reso lution 1159 (XLl) regarding co-operation with regional intergovern mental bodies concerned, with human rights: note by the Secretary-General E/CN.4/ll21 Periodic reports on human rights; report of the 14 Ad. Hoc Committee on Periodic Reports E/CN.4/1122 Advisory services in the field of human rights: 19 report of the Secretary-General E/CN.4/H23 and. Add. 1-7 Draft convention on the suppression and. 4(h) punishment of the crime of apartheid.: report of the Secretary-General -134- Agenda item No. E/CN.4/1124 Question of the punishment of war criminals 8 and of persons who have committed crimes against humanity (comments received, from Governments under Economic and Social Council resolution I69I (ill)) E/CN.4/II25 and Add.1-4 Election to fill vacancies in the membership 23 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities0, note by the Secretary-General E/CN.4/1126 and Corr.l Question of the violation of human rights and 10(a) fundamental freedoms, including policies of racial discrimination and. segregation and. of apartheid, in all countries, with particular reference to colonial and other dependent countries and. territories, including report of the Ad Hoc Group of Experts: letter dated. 31 March 1975 addressed to the Chairman of the Commission on Human Rights by the representative of Portugal to the United. Nations Office at / Geneva E/CN.4/1127 Report of the Commis sion on Human Rights on 24 its twenty-ninth session E/CN.4/SR.1186-1242 Summary records of the twenty-ninth session of the Commission on Human Rights / E/CN.4/INP.2O and. '' Attendance at'the twenty-ninth session of the Corr.l and. 2 Commission on, Human Rights E/CN.4/CR.43 / Non-confidential list of communications 22 ' concerning human rights a/ Documents issued in the limited series—1^ E/CN.4/L.1225 Study of the question of apartheid from the 4 (b) point of view of international penal law: note by the Secretary-General E/CN.4/L.1225/Add.l Comments received by the Secretary-General 4(b) from Member States a/ Document E/CN.4/IH7 contains the text of documents E/CN.4/L.1225-1267, originally distributed to participants only -135- Agenda item No. E/CN.4/L.1228 Chile, Egypt, Ghana, India, Mauritius, 4(a) Pakistan, Philippines, Romania, Senegal, United Republic of Tanzania and Zaire s draft resolution relating to the Programme for a d.ecade for action to combat racism and racial discrimination E/CN.4/L.1229 Ghana, India, Mauritius, Mexico, Nigeria, 4(a) Pakistan, Philippines, Senegal, Turkey and. United Republic of Tanzania- draft resolution relating to activities of non-governmental organizations to combat racism and racial discrimination E/CN.4/L.1230 Netherlands; amendments to draft convention 4(b) on the suppression and. punishment of the crime of apartheid (A/8880, para.42) E/CN.4/L.1231 Chile and. the Philippines: amendments to draft 4(b) convention on the suppression and. punishment of the crime of apartheid (A/8880, para.42) E/CN.4/L.1232 Chile: amendment to draft convention on the 4(b) suppression and. punishment of the crime of apartheid (A/8880, para.42) E/CN.4/L. 1233 Statement of financial implications which 4(a) would result from the adoption by the Commission of the draft resolution on the proposed decade for action to combat racism and racial discrimination: note by the Secretary-General E/CN.4/L.1234 Philippines amendment to draft convention 4(b) on the suppression and. punishment of the crime of apartheid, (A/8880, para.42) E/CN.4/L.1235 Ghana: proposal 5 E/CN.4/L.1236 Austria, Ecuador, Italy, Mexico, Netherlands, 5 United. Kingdom of Great Britain and Northern Ireland.: draft resolution E/CN.4/L.1237 Egypt, India, Lebanon, Pakistan, Tunisia and. 6 United. Republic of Tanzania: draft resolution E/CN.4/L.1238 Philippines; amendments to the draft convention 4(b) on the suppression and. punishment of the crime of apartheid (A/8880, para.42) E/CN.4/L.1239 United. States of America: draft resolution '(e) -I36- E/CN.4/L.1239/Rev»l United States of America; revised draft resolution E/CN.4/L.1240 United Kingdom of Great Britain and Northern Ireland ; draft resolution on the question of international legal, protection of the human rights of individuals who are not citizens of the country in which they live (E/CN.4/IIOI, chap.XIV, resolution 8 (XXV)) E/CN.4/L.1240/Rev.l United Kingdom of Great Britain and Northern Ireland.; revised draft resolution on the question of international legal protection of the human rights of individuals who are not citizens of the country in which they live (s/CN.4/HOl, chap.XIV, resolution 8 (XXV)) E/CN.4/L-1241 Austria, Ecuador, India, Lebanon, Netherlands, Pakistan, United Kingdom of Great Britain and. Northern Ireland, United States of iimerica: draft resolution E/CN.4/L.1242 Chile, India, Lebanon, Pakistan, United Kingdom of Great Britain and. Northern Ireland : draft resolution E/CN.4/L.1243 India* draft resolution E/CN.4/L.1244 Egypt; amendments to draft resolution submitted by the United. States of America (E/CN.4/L. 1239) E/CN.4/L.1245 Ecuador, Ghana, India and. Pakistan; draft resolution E/CN.4/L.1245/Rev.l Ecuador, Ghana, India, Nigeria, Pakistan and the and. Corr.l United States of America; revised draft resolution E/CN.4/L.I246 Chile, Egypt, Ghana, Iran, Lebanon, Mauritius, Pakistan, Philippines, Romania, Senegal, United Republic of Tanzania and Zaire: draft resolution E/CN.4/L.1247 Chile, Ghana, Iran, Nigeria, Pakistan, Philippines Romania, Senegal, United. Republic of Tanzania, United States of America; draft resolution relating to resolutions 9 (XXIV) and 9 (XXV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/IO4O, chap.XII and E/CN.4/HOI, chap.XIV) E/CN.4/L.I248 Byelorussian Soviet Socialist Republic: draft resolution -137- Agenda item No. E/CN.4/L.1248/Rev.l Byelorussian Soviet Socialist Republic: 8 revised draft resolution E/CN.4/L.1249 Chile, Ghana, India, Iran, Mauritius, Nigeria, 9(e) Pakistan and United Kingdom of Great Britain and. Northern Ireland.: draft resolution E/CN.4/L.I25O United Kingdom of Great Britain and Northern 8 Ireland.: amendments to the draft resolution submitted, by the Byelorussian Soviet Socialist Republic (E/CN.4/L.1248) E/CN.4/L.I25I India, Nigeria, United Kingdom of Great Britain 7 and Northern Ireland., United. States of America: draft resolution E/CN.4/l.l25l/Rev.l India, Iran, Nigeria, Pakistan, United. Kingdom 7 of Great Britain and. Northern Ireland, United. States of America revised, draft resolution E/CN.4/L.125l/Rev.2 India, Iran, Nigeria, Pakistan, United Kingdom 7 of Great Britain and. Northern Ireland, United States of America: revised, draft resolution E/CN.4/L.I252 Report of the "working Group of the Commission 4(b) on the draft convention on the suppression and punishment of the crime of apartheid. E/CN.4/L.1253 Chile: amendment to the revised draft resolution 7 of India, Iran, Nigeria, Pakistan, United Kingdom of Great Britain and. Northern Ireland, United. States of iimerica (E/CN.4/L.125l/Rev.l) E/CN.4/L. 1254 Romania: amendment to the revised, draft 7 resolution of India, Iran, Nigeria, Pakistan, United Kingdom of Great Britain and. Northern Ireland., United States of America (E/OT.4/L.125l/Rev.l) E/CN.4/L. 1255 Austria, Chile, Ghana, Netherlands and. Pakistan: 10(c) draft resolution E/CN.4/l.1256 Austria and. Netherlands; draft resolution on 17(a) the question of conscientious objection to military service -138- Agenda item No. E/CN.4/L.1257 Statement of financial implications which would, 7 result from the adoption by the Commission of the draft resolution contained, in document E/CN.4/L.125l/Rev.2 on the question of the realization of the economic, social and cultural rights contained, in the Universal Declaration of Human Rights and, in the International Covenant on Economic, Social and. Cultural Rights, and the study of special problems relating to human rights in developing countries: note by the Secretary- General E/CN.4/L.1258 Chile, Egypt, Ghana, India, Mauritius, Nigeria, 10(a) Pakistan, Philippines, United. Republic of Tanzania and Zaire: draft resolution E/CN.4/L.1258/Rev.l Chile, Egypt, Ghana, India, Mauritius, Nigeria, 10(a) Pakistan, Philippines, United Republic of Tanzania and. Zaire: revised draft resolution E/CN.4/L.1259 Bulgaria, Byelorussian Soviet Socialist Republic, 4(b) Chile, India, Mauritius, Nigeria, Philippines, Romania, Senegal, Union of Soviet Socialist Republics, United. Republic of Tanzania and. Zaire: draft resolution E/CN.4/L.1260 Yearbook on Human Rights - Prance, India, Italy, 12 United. States of America and. United Kingdom of Great Britain and. Northern Ireland.: draft resolution E/CN.4/L.1261 Administrative and. financial implications of the 10(c) draft resolution contained in document E/CN.4/L.1255: statement submitted by the Secretary-General in accordance with rule 28 of the rules of procedure of the functional commis sions of the Economic and Social Council E/CN.4/L.1262 Chile, France, Ghana and Tunisia: draft 17(b) resolution E/CN.4/L.1262/Rev.l Austria, Chile, France, Ghana, Netherlands and 17(b) Tunisia: revised, draft resolution E/CN.4/L.1263 Chile, Ecuador, Ghana, India, Netherlands and. 12 Nigeria: draft resolution E/CN.4/L.I264 Egypt, Ghana, Mauritius, Nigeria and Zaire: 10(A) draft decision -139- Agenda item No. E/CN.4/L.1265 Prance, Italy, Philippines and Romania: draft 12 resolution E/CN.4/L.1266 Administrative and financial implications of the 10(a) draft resolution contained in document E/CN.4/L.1258/Rev.l: statement submitted by the Secretary-General in accordance with rule 28 of the rules of procedure of the functional commissions of the Economic and Social Council E/CN. 4/L. 1267 Statement of financial implications which would. 9 (§.) result from the adoption by the Commission of draft resolution 7 (XXV) of the Sub-Commission on Preven tion of Discrimination and Protection of Minorities entrusting the Special Rapporteur to update his study on racial discrimination: note by the Secret ary-General Documents issued in the non-governmental organizations series E/CN.4/NGO/168 Report of the Sub-Commission on Prevention of Dis crimination and Protection of Minorities - State ment dated 23 January 1973 submitted, by the World Ped.era.tion of United. Nations Associations, a non governmental organization in category I consulta tive status, and. by Amnesty International, The Anti-Slavery Society, the Commission of Churches on International Affairs, Co-ordinating Board of Jewish Organizations, Priends World Committee for Consultation, International Association of Demo cratic Lawyers, International Association of Schools of Social \Jork, International Catholic Child. Bureau, International Catholic Union of the Press, International Commission of Jurists, Inter national Council of Jewish Women, International Council of Social Democratic Women, International Federation for the Rights of Man, International Federation of Business and Professional Women, International Federation of University Women, International Federation of Women Lawyers, Inter national League for the Rights of Man, International Movement for Fraternal Union Among Races and Peoples, International Student Movement for the United. Nations, St. Joan's International Alliance, Women's International League for Peace and. Freedom, Women's International Zionist Organization, World Assembly of Youth, World Association of World Federalists, World Jewish Congress, World Muslim Congress, World Union of Catholic Women's Organiza tions, and World University Service, non-governmental organizations in category II consultative status -140- Agenda item No. E/CN.4/NGO/169 Question of studies relating to human rights of non-citizens and. of foreign labour - Statement dated 25 January 1973 submitted, by International Council of Women and. World Federation of United Nations Associations, non-governmental organiza tions in category I consultative status, and. Co-ordinating Board of Jewish Organizations, International Association of Schools and Social Work, International Catholic Child Bureau, International Catholic Union of the Press, International Commission of Jurists, International Conference of Catholic Charities, International Council of Jewish Women, International Federation of University Women, International Federation of Women Lawyers, International League for the Rights of Man, International Movement for Fraternal Union Among Races and Peoples, International Recreation Association, International Social Service, Pan-Pacific and. South-East Asia Women's Associa tion, Pax Romana, Soroptimist International Association, Women's International League for Peace and Freedom, Women's International Zionist Organization, World Association of World Federalists, World. Federation of Catholic Youth, World Jewish Congress, World Muslim Congress, World. Peace Through Law Centre, World. Union of Catholic Women's Organizations, and. Zonta International, non-governmental organizations in category II consultative status E/CN.4/NGO/17O Reports and studies of the Sub-Commission on Prevention of Discrimination and Protection of Minorities - Statement dated 7 March 1973 sub mitted by the International Confederation of Free Tra,d.e Unions, Women's International Democratic Federation, and. World Confederation of Labour, non-governmental organizations in category I consultative status? and. by All India Women's Conference, Amnesty International, the Anti- Slavery Society, Co-ordinating Board, of Jewish Organizations, Catholic International Union for Social Service, Friends World Committee on Con sultation, International Alliance of Women, International Catholic Migration Commission, International Commission of Jurists, International Council of Jewish Women, International Federation of Business and Professional Women, International Federation of University Women, International Federation of Women Lawyers, International League for the Rights of Man, International Student -141- Movement for the United Nations, Pax Romana, Women's International League for Peace and Freedom, World. Jewish Congress, World. Young Women's Christian Association, Zonta International, non-governmental organizations in category II consultative status The question of conscientious objection to military service - Statement dated 9 March 1973 by Amnesty International, The Anti-Slavery Society, Commission of the Churches for International Affairs, Friends World. Committee for Consultation, International Commission of Jurists, International Movement for Fraternal Union Among Races and. Peoples, Pax Romana, Women's International League for Peace and. Freedom, World. Association of World Federalists, non-governmental organizations in category II consultative status and. by International Associa tion for Religious Freedom, a non-governmental organization on the Roster Further promotion and. encouragement of respect for human rights and. fundamental freedoms; 25th anniversary of the Universal Declaration of Human Rights - Statement dated. 16 March 1973 sub mitted, by International Council on Social Welfare, International Council of Women and. International Organization of Employers, non-governmental organizations in category I, consultative status, and. by All India Women ' s Conference, Baha'i International Community, Commission of the Churches for International Affairs, Co-ordinating Board, of Jewish Organizations, International Association of Schools of Social Work, Inter national Catholic Union of the Press, International Commission of Jurists, Inter national Conference of Catholic Charities, International Council of Jewish Women, International Federation of Business and Professional Women, International Federation for the Rights of Man, International Federation of Settlements and. Neighbourhood. Centres, International Federation of University Women, International Federation of Women Lawyers, International League for the Rights of Man, International Movement for Fraternal Union Among Races and. Peoples, International Organiza tion of Consumers' Unions, International Stud.ent Movement for the United. Nations, International Union for Child. Welfare, Pax Romana, Women's -142- E/CN.4/NGO/172 International League for Peace and Freedom, (contd.) Women's International Zionist Organization, World Assembly of Youth, World Association of World Federalists, World Federation for Mental Health, World Union of Catholic Women's Organizations, World University Service, World Young Women's Christian Associations, World Women's Christian Temperance Union, non-governmental organizations in category II consultative status, and Inter national Association for Religious Freedom and International Humanist and Ethical Union, non-governmental organizations on the Roster E/CN.4/FGO/l73 Realization of the economic, social, political and cultural rights proclaimed in the Universal Declaration of Human Rights and the International Covenants on Human Rights - Statement submitted by the Women's International Democratic Federation, a non-governmental organization in category I consultative status E/CN.4/NGO/174 The role of youth in the promotion and the protection of human rights - Statement submitted by the International Federation of Women Lawyers, a non-governmental organization in category II consultative status E/CN.4/NGO/175 Conscientious objection to military service - Statement dated 26 March 1973 by the Co-ordinating Committee for International Voluntary Service, International Student Movement for the United Nations, World Assembly of Youth, World Associa tion of World Federalists (Youth Section), World University Service, World Young Women1 s Christian Associations, non-governmental organizations in category II consultative status: and by the International Humanist and Ethical Union, a non-governmental organization on the Roster Seminar reports ST/TAO/HR/45 Seminar on human rights and scientific and technological developments, Vienna (Austria), 19 June-1 July 1972 ST/TAO/HR/46 Seminar on the status of women and family planning, Istanbul (Turkey), 11-24 July 1972 -143- HOW TO OBTAIN UNITED NATIONS PUBLICATIONS United Nations publication» may be obtained from bookstores and distributors throughout the world. 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