economic and social counc
UNITED
NATIONS
Distr. GENERAL
ECONOMIC AND SOCIAL C O U N C
•
E/CW.4/I932/SR.6O 26 March 1 9 8 2 Original :
CObMSSION ON EUmn
ENGLISH
RIGHTS
Thirty-eighth session SUGARY -RECORD OF THE 6 0 t h MEETING h e l d a t the P a l a i s des N a t i o n s , Geneva, on Thursday, 11 March 1 9 8 2 , a t 3 p.m.
Chairman;
Mr. GARVALOV
(Bulgaria)
CONTENTS Question o f the v i o l a t i o n o f human r i g h t s and fundamental freedoms i n any p a r t o f the v;orld, with p a r t i c u l a r r e f e r e n c e t o c o l o n i a l and o t h e r dependent c o u n t r i e s and territories, including: (a)
Question o f human r i g h t s i n Cyprus
(continued)
Question o f measures t o be taken a g a i n s t i d e o l o g i e s and p r a c t i c e s based on t e r r o r or i n c i t e m e n t t o r a c i a l d i s c r i m i n a t i o n or any o t h e r form o f group h a t r e d ( c o n t i n u e d ) Measures t o improve the s i t u a t i o n and ensure migrant viorkers (continued)
the human r i g h t s and d i g n i t y o f a l l
The r o l e o f youth i n the promotion and p r o t e c t i o n o f human r i g h t s , i n c l u d i n g the q u e s t i o n o f c o n s c i e n t i o u s o b j e c t i o n t o m i l i t a r y s e r v i c e (continued) A d v i s o r y s e r v i c e s i n t h e f i e l d o f human r i g h t s
(continued)
F u r t h e r promotion and encouragement o f human r i g h t s and fundamental freedoms, i n c l u d i n g t h e q u e s t i o n o f t h e programme and methods o f work o f the Commission; a l t e r n a t i v e approaches and ways and means w i t h i n the U n i t e d Nations system f o r improving the e f f e c t i v e enjoyment o f human r i g h t s and fundamental freedoms (continued)
This record i s subject to c o r r e c t i o n . C o r r e c t i o n s s h o u l d be submitted i n one o f t h e working languages. They s h o u l d be s e t f o r t h i n a memorandum and a l s o i n c o r p o r a t e d i n a copy o f the r e c o r d . They s h o u l d be sent w i t h i n one week o f t h e date o f t h i s document t o the O f f i c i a l Records E d i t i n g S e c t i o n , room E . 6 1 0 8 , P a l a i s des N a t i o n s , Geneva. Any c o r r e c t i o n s t o the r e c o r d s o f t h e meetings o f t h i s s e s s i o n w i l l be c o n s o l i d a t e d i n a s i n g l e corrigendum, t o be Issued s h o r t l y a f t e r the end o f the s e s s i o n . GE.82-16042
E/C№.4/19.82/SR.60 page -2
CONÍEWfS ;{:Gohtinued ) R i g h t s o f . persons belonginç t o n a t i o n a r V . e t h n i c , r e l i g i o u s and minorities (continued) Question of a c o n v e n t i o n on the r i g h t s of the c h i l d Question o f the human r i g h t s o f a l l persons or imprisonment, i n p a r t i c u l a r ; (a)
linguistic
(continued)
s u b j e c t e d t o any
T o r t u r e and o t h e r c r u e l , inhuman or degrading treatment
form o f d e t e n t i o n
or punishment (contirmed )
The r i g h t o f peoples to s e l f - d e t e r m i n a t i o n and i t s a p p l i c a t i o n to peoples under c o l o n i a l o r a l i e n domination o r f o r e i g n o c c u p a t i o n (continued) O r g a n i z a t i o n of the f u t u r e work o f the; Commission
Е/Ш.4А982/ЗЕ.бО page- 3 The nieetiïig was оаЗДв^|. t o order at
p.in,
QUES^nOH OF THE 'VTIOLATIOIT OF HUÎ'IâH RIGHTS РЩтМЕКТА!. FREEDOMS I N i N Y P/iET OP THE WCRLB, >ЯТН Р^\1Ф1С1Т}'.^Ш Р Ж Ш ^ С Е TO COLONIAL О Т Ш Е DEPENDENT COUNTEIES Ai£D TBERITORIES, INOLUPIKGr a) QUESTION OP HUMAN EIGI?rs IN CYPKUS (agenda item 12) (continued) E/CN.4/1962/L.27 and L . 4 9 ) 1. Mr. I-rjTTON ( A u s t r a l i a ) J speaxirig i n explanation o f vote, s a i d that h i s delegation had already exp-ressed t h o conce'rn f e l t b j the Goveimment and people of A u s t r a l i a á3out the s i t u a t i o n i n Poland since the d e c l a r a t i o n of m a r t i a l law i n December 1961, w i t h the conséquent v i o l a t i o n s of human r i g h t s and fundamental freedoms. H i s Govcmittent continued-to appeal t o t h e a u t h o r i t i e s i n Poland to take steps t o i-estore f u l l Gnjojment c f t h e rig]).ts and freedoms of P o l i s h c i t i z e n s . B-^Tievijig that the CcKrrission must concern i t s e l f w i t h v i o l a t i o n s of hvrnian r i g h t s wherever they o c o j r r e d , h i s delofjation had voted i n favour of d r a f t r e s o l u t i o n s/oH.4/1982/L.27. 2» Mr. ALYAPtEZ VITA (Peru) explained, that h i s delegation's vote on d r a f t r e s o l u t i o n E/OK.4/1982/L.27lïad"been lirJíed t o i t s view-that t h e United Nations had been founded on the basis'-- of t h e p x i n c r p l e of non-inte.rvention. The sovereignty and s e c u r i t y of States ïiïust, l i k e human r i g i i t s , be f?i.ia,r.aRteeá by i n t e r n a t i o n a l l a v and h i s delegation had always isupported the idea that biSian r i g h t s should receive i n t e r n a t i o n a l protection. H i s deleg-ation r e g r e t t e d the i n c r e a s i n g p o l i t i o i z a t i o n of the Oommission, which was net a court and should seek t o protect the enjoyment c f hunan r i g h t s out of hiüQanit a r i a n сошхал. rab i o n s .
5. Mr. BELL (Cenada) s a i d i t had been v i t h deep .regi.'et that h i s delegation had found i t necessary t o a b s t a i n ir: t h e vote on d r a f t r e s o l u t i o n Е-/0Н.4/1982Д.49«. The Goveirrffiient and people o f Oaitada bad been deeply s.hof.ked by the continxiation of Ttamaxi rigi-its аЪггвез i n E l Salva-dor, abuaes t h a t had been perpetrated by both s-ides i n the c o n f l i c t and .had. t h e coimon ^j-esult of untí;!! Ьшаагг s u f f e r i n g tlircugti death, dlsappearanc'e and torciu^e. H i s delegation therefore, c a l l e d on a l l p o l i t i c a l forces i n E l Salvador t o exercise r e s t r a i n t and humarity i n order t o b r i n g t o an end t h e a p p a l l i n g record Of human s u f f e r i n g .in that ccamtry. H i s delegation would have l i k e d t o support the r e s o l u t i o n but .felt t h a t some elements of the t e x t were inappropriate and r a i s e d p o l i t i c a l co>\ñ.láeration8 that were not w i t h i n t h e mandate of the Commission^ whcse o b j e c t i v e s should be confined t o the question of huxnan s u f f e r i n g and the abuse o f human right;-;. In p a r t i c u l a r , paragraph 4 exceeded the ffiandate of the Commission b y -passing j-udtferaent on the current p o l i t i c a l s i t u a t i o n i n E l SaJ-Vador'. 4. Mr. OALSEO RGDBIUII^IS ( B r a z i l ) s a i d ills-•d.olega.tio.u had c o n s i s t e n t l y been of'the opinion that the review of the Ьшаап r i g h t s s i t x i a t i o n i n any country should be consistent w i t h the procedures e s t a b l i s h e d in. Economic and Social. Oouncil resolutio.n 1503 ( X L V I I l ) , except L B ve-ry pax-ticralar caaes âuch aa that of A f ^ i a n i s t a n , where the presence o f f o r e i g n апае! forces could p r e j u d i c e the r i g h t s of a whole n a t i o n , ' That exception d i d not e x a c t l y apply i n Pclaná, althougii current events i n that .country had advei-sely a f f e c t e d hiiman r i g h t s . H i s delegation had t h e r e f o r e abstained i n the vote on d r a f t r e s o l u t i o n E/CN.4/1982/L.27» Fu.rthemore, the r e s o l u t i o n was'faulty i n i t s stnxcturej inasmuch aa paragraphs 6 and 8 envisaged the continued consideration of a s i t u a t i o n which, according t o paragraph 4 , t h e Gommj-ssion hoped t o see resolved i n t h e very near f u t u r e .
E/CN.4/1982/SR.60 page 4 5. His delegation had voted against d r a f t r e s o l u t i o n E/CH.4/1982/L.49 as the r e s o l u t i o n would not make a p o s i t i v e c o n t r i b u t i o n to the improvement of the human r i g h t s s i t u a t i o n i n E l Salvador. Puo?thermore, paragraph 4 of the r e s o l u t i o n included recommendations that h i s delegation considered to c o n s t i t u t e i n t e r f e r e n c e i n the i n t e r n a l a f f a i r s of E l Salvador, which should be dealt w i t h by the Salvadorians alone without external i n t e r f e r e n c e . 6 . Ж s s BAIÍIR АДЕН (Observer f o r I r a q ) , speaking i n exercise of the r i g h t of r e p l y , said .that her delegation had noted w i t h astonishment tha-t the statement by the observer f o r Iran had been derived from that made by the,Iranian delegation i n the Executive Committee of Н Ш С Н i n October 1981 - a point which the observer f o r Iran seemed to have been unaware of. 'The simple answer was t h ^ t the I r a n i a n diplomats who had been at t h e i r mission i n Geneva at that time had since f l e d . There was no need to speak of the hundreds of refugees who had f l e d I r a n as a r e s u l t of the oppressive measures being applied i n that country and the consequent continuous v i o l a t i o n s of human r i g h t s and fundamental freedoms. Those Iranians who had been r e p a t r i a t e d had i n f a c t been subversive elements who had abused Iraq's h o s p i t a l i t y ^ they had been r e p a t r i a t e d f o r reasons of i n t e r n a l s e c u r i t y i n humane conditions. There could be no question of d e p r i v i n g such persons, of I r a q i i d e n t i t y documents since they had never been c i t i z e n s of Iraq? and the a l l e g a t i o n s r e l a t i n g t o the s p l i t t i n g of f a m i l i e s and the c r o s s i n g of minefields were e n t i r e l y f a l s e . 7. V7ith regard t o the I r a q i armed f o r c e s , the President of I r a q , speaking on 28 September 1980, had said that I r a q did not b e l i e v e i n the use of power to impose i l l e g a l conditions on others. I r a q had no t e r r i t o r i a l ambitions; i t demanded that the I r a n i a n Government should recognize i t s r i g h t s . o v e r i t s t e r r i t o r i a l lands and waters, adhere to the p o l i c y of good neighbourliness and renoimce r a c i s t , aggressive and expansionist a t t i t u d e s and attempts to i n t e r f e r e i n the i n t e r n a l a f f a i r s of other countries i n the region. The I r a n i a n Government should respect i n t e r n a t i o n a l law and custom and the I n t e r n a t i o n a l Covenants on Human R i g h t s , 8. The I r a n i a n régime had v i o l a t e d the A l g i e r s Agreement of 1975 i n word and deed and had disregarded i t s o b l i g a t i o n s under the t r e a t y on i n t e r n a t i o n a l boundaries and good neighbourliness.. The Government of I r a q , on the other hand, had always abided by i t s o b l i g a t i o n s , but i t would a t a l l costs r e s i s t any threats t o , or v i o l a t i o n s of, i t s sovereignty, d i g n i t y and l e g i t i m a t e r i g h t s . The Government of I r a q had f r e q u e n t l y affirmed i t s wish to maintain good r e l a t i o n s with a l l i t s neighbours, i n c l u d i n g I r a n ; i t had no desire to extend the scope of the dispute and had always hoped that the I r a n i a n Government would respond reasonably to Iraq's exercise of i t s l e g i t i m a t e t e r r i t o r i a l r i g h t s . 9. The .UHHCR mission which had v i s i t e d I r a q had l a i d down the p r i n c i p l e s of à plan to provide assistance to needy Afghan refugees, and not t o I r a q i Kurds as the I r a n i a n representative had a l l e g e d . 10. The I r a n i a n régime had perpetrated a gross v i o l a t i o n of the Geneva Convention i n massacring 1,500 I r a q i prisoners immediately'- a f t e r capture. I t was hardly necessary to r e f e r to the massive and f l a g r a n t v i o l a t i o n s of human r i g h t s i n Iran i t s e l f ; d r a f t r e s o l u t i o n E/CN.4/1982/1,45, which had been adopted by the Commission a t . i t s previous meeting, r e f l e c t e d the consensus on that subject. However, the. I r a n i a n régime denied i t s own people not only the r i g h t to l i v e but
E/CN.4/1982/SR.60 page 5 a l s o the- r i g h t to he hurled. The I r a q i high command had p e r s i s t e n t l y urged the ICRC to endeavour t o arrange w i t h the I r a n i a n a u t h o r i t i e s a l i m i t e d c e a s e - f i r e so as to enable them t o bury the himdreds of I r a n i a n s o l d i e r s k i l l e d i n b a t t l e at Besetin. . But the I r a n i a n régime had refused and the I r a q i army had i t s e l f buried the I r a n i a n dead. The i n t e r n a t i o n a l community coxiLd judge f o r i t s e l f which of the two countries was v i o l a t i n g a l l the human r i g h t s of i t s c i t i z e n s , 11. Nor was the I r a n i a n régime i n any p o s i t i o n to t a l k about aggression. It" should abide by S e c u r i t y Council r e s o l u t i o n 479 ( l 9 S 0 ) . I t had imposed war on I r a q and was responsible f o r i t s prolongations i t f a i l e d t o respect human l i f e or economic welfare, and was simply s e r v i n g i t s own i n t e r e s t . I t remained imresponsive to a l l i n i t i a t i v e s f o r a peacef-ul settlement. 12. Mr. SABZALIM (Observer f o r I r a n ) , speaking i n exercise of the r i g h t of r e p l y , said that Iraq's claim that Iran was the aggressor was at variance w i t h the presence of large numbers of I r a q i tanks av-id troops i n Iran and the depredations being committed by I r a q i forces against Iranians i n t h e i r own land. 13. Mr. AL-KAISY (observer f o r Iraq) ..said the a l l e g a t i o n that I r a q had been the aggressor i n the c o n f l i c t with Iran was a f u r t h e r instance of the Iranians' f a l s i f i c a t i o n of events. The I r a q i M n i s t e r f o r Foreign A f f a i r s , i n addressing the General Assembly on 3 October 1980, had given an account of the v i o l a t i o n s of Iraq's t e r r i t o r i a l i n t e g r i t y which Iran had begun on 4 September I98O. I r a q , of course, had had to defend i t s e l f 5 but i t had constantly d&lled f o r negotiations and had accepted a l l the i n i t i a t i v e s , proposed by various i n t e r n a t i o n a l bodies i n i t i a t i v e s which Iran had rejected because of i t s expansionist and r a c i s t p o l i c i e s , fostered by zionism and imperialism. One example of Iran's expansionist aims was the conspiracy r e c e n t l y revealed i n Bahrain. 14. Islamic commxinities i n the United States and Canada had s t r o n g l y .condemned the k i l l i n g by Iranian forces of I r a q i prisoners of war as a v i o l a t i o n of the precepts of Islam, and had c a l l e d on a l l Muslims and other peace-loving peoples t o denounce the régime responsible f o r that crime. I r a q had no quarrel w i t h the I r a n i a n r e v o l u t i o n ^ but i t would r e s i s t t o the utmost any attempt to i n t e r f e r e i n i t s own affairs, 15? kir.- SABZALIAN (Observer f o r Iran) said that i t i l l became the representative of Iraq t o speak of respect f o r i n t e r n a t i o n a l law when i t s forces were occupying another coxmtry's t e r r i t o r y , or to invoke the precepts of Islam when I r a q claimed, according to the President of I r a q himself, that the Islamic r e l i g i o n belonged to Arabs alone, QUESTION OF líEASURES TO BE TAIŒN AGAINST IDEOLOGIES АШ PRAGTICES BASED ON TERROR OR INCITEMENT TO RACIAL DISCRItlLNATION OR AITY OTHER FORM OP GROUP HATRED (agenda item 22) (continued) (E/CN,4/1982/L,53 and L,69) 16. Mr, OGURTSQY (Byelorussian Soviet S o c i a l i s t Republic), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN,4/1982/L,53 on behalf of the delegations of B u l g a r i a , the German Democratic Republic and Poland as xiell as h i s ovm delegation, said that the people of h i s country, one quarter of whom had died i n the Second World War i n the struggle against nazism, fascism, aggression and occupation, were e s p e c i a l l y concerned at signs of the ro'-emergence of neo-nazi and n e o - f a s c i s t groups and organizations i n c e r t a i n parts of the vrorld, Tlie d r a f t r e s o l u t i o n c a l l e d f o r consideration of the problem of defence against neo-nazism and neo-fascism. Noting that some coxmtries had expressed reluctance to take the measxrces necessary to suppress the a c t i v i t i e s
E/CN.4/1982/SR.60
page б of such groups and organizations on the grounds that such measures might i n t e r f e r e w i t h the freedom of opinion and a s s o c i a t i o n , he said that the exercise of those freedoms could not Ъе allowed to' jeopardize the freedom of other peoples. The d r a f t r e s o l u t i o n e s s e n t i a l l y follovred the l i n e taken i n General Assembly r e s o l u t i o n 36/162, w i t h the one new element that the e n t i r e matter should Ъе studied at the t h i r t y - n i n t h session of the Commission w i t h a view to the preparation of an i n t e r n a t i o n a l l e g a l instrument p r o v i d i n g f o r the r i g h t of defence against neo-nazisra and neo-fascism. He was confident that the d r a f t r e s o l u t i o n would cause no d i f f i c u l t i e s and could Ъе adopted Ъу consensus. 17. № . t'/ALKATB (Netherlands), i n t r o d u c i n g on behalf of the delegations of A u s t r a l i a and Canada as xvell as h i s own delegation document E/CN.4/1982/L.69 which contained amendments to d r a f t r e s o l u t i o n E/CH.4/1982/L.53, said that he begged to d i f f e r w i t h the representative of the Byelorussian.Soviet S o c i a l i s t Republic about the'' a c c e p t a b i l i t y of the d r a f t r e s o l u t i o n . V/ithout intending to b e l i t t l e the dangers of the e v i l s r e f e r r e d to i n the d r a f t r e s o l u t i o n , he f e l t that i t should be put i n i t s proper perspective. The e v i l s of t o t a l i t a r i a n régimes were w e l l lmo\m and came i n various forms, i n c l u d i n g nazism, fascism, neo-nazism, and neo-fascism. Draft r e s o l u t i o n E/CH.4/1982/L.53 departed i n not i n s i g n i f i c a n t ways from Commission r e s o l u t i o n 3 (XXXVll) and General Assembly r e s o l u t i o n 36/162, both of vrhich had been the r e s u l t of lengthy and c a r e f u l n e g o t i a t i o n s . I t vrould be covmterproductive and r e g r e t t a b l e , t h e r e f o r e , to have to go over the same grovmd again. The Commission . should f o l l o v i the guidance l a i d - dovm by the General Assembly, f i r s t of a l l by using the t i t l e of the General Aseembly r e s o l u t i o n . Since the amendments contained i n docvxment E/CN.4/1982/L.69 were a l l aimed at b r i n g i n g the text of the d r a f t r e s o l u t i o n i n t o l i n e vrith Commission r e s o l u t i o n 3 (XXXVIl) and General Assembly r e s o l u t i o n 36/162, which had been adopted vrithout a vote, he hoped that a l l delegations would also agree to the amendments without a vote. 18. lie, OGURTSOV (Byelorussian Soviet S o c i a l i s t R e p u b l i c ) , r e f e r r i n g to the Netherlands amendments, said that i f the same c r i t e r i a were applied to those amendments as had been applied to the amendments to .a previous r e s o l u t i o n , i t was at l e a s t arguable that the amendments c o n s t i t u t e d not amendments as such but an e n t i r e l y new d r a f t r e s o l u t i o n . .Hovrever,,' h i s delegation did not seek a d i s c u s s i o n on the status of the amendments., He f e l t that the merit of the d r a f t r e s o l u t i o n l a y i n the f a c t that i t represented progress beyond the d e c i s i o n taken by the Commission, and that was of value since the Commission could not remain s t a t i c i n i t s tMnlcing, However, i n a s p i r i t of compromise, the sponsors of the d r a f t r e s o l u t i o n could accept amendments 1, 2, 3, and 5, as w e l l as amendment 7 with a s l i g h t r e v i s i o n , namely,, that amendment 7 should be extended by the f o l l o w i n g t e x t ; "with a view to the preparation of an i n t e r n a t i o n a l l e g a l instrtiment p r o v i d i n g f o r the r i g h t of defence against neo-nazism and neo-fascism". 19. I'Ir. WALKATE (Netherlands) said t h a t , while he welcomed the Byelorussian representative's f l e x i b i l i t y , he cotild not e a s i l y endorse departures from- the agreed langua-ge of Commission r e s o l u t i o n 3 (XKXVIl) and General Assembly r e s o l u t i o n 36/162.. He suggested, therefore, that the Commission should vote on the f o u r t h , s i x t h , and seventh amendments i f the sponsors of the d r a f t r e s o l u t i o n v/ere unable to accept them.
E/CN.
4/198 2/SR. 60
page' 7 20. Mr. MOBENO-SALCEPO ( P h i l i p p i n e s ) s a i d that there were many types of extreme i d e o l o g i e s , i n c l u d i n g nazism and fascism, hut the i n t e r n a t i o n a l instrument c a l l e d f o r . i n the Byelorussian r e s o l u t i o n would be l i m i t e d to neo-nazism and neo-fascism. Most States of A s i a and other parts of the world, i n p a r t i c u l a r h i s ovm country, had never experienced nazism or fascism, not even during the Second World War, although they had experienced other forms of extreme i d e o l o g i e s . Consequently, a r e s o l u t i o n r e f e r r i n g only to those tv>;o extreme i d e o l o g i e s would not .have the same- e f f e c t f o r many countries as a document d e a l i n g with a l l forms of extreme i d e o l o g i e s . 21. Mr. BYKOV (Union of Soviet S o c i a l i s t Republics) s a i d that the subject dealt with i n dra-ft r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L , 5 3 was of extreme importance, as could be seen from the a t t e n t i o n devoted to i t by the General Assembly and the Commission i t s e l f . The struggle з-gainst Nazi and F a s c i s t i d e o l o g i e s was a v i t a l p r a c t i c a l n e c e s s i t y . The sponsors of the amendments i n document E/CN.4/1982/L,69 should r e a l i z e that the sponsors of the d r a f t r e s o l u t i o n had accepted nearly s i x of the seven amendments proposed and that the d r a f t r e s o l u t i o n , as thus amended, would take due account of General Assembly r e s o l u t i o n s 35/200 and 36/162. The sponsors of the amendments should not press the remaining amendments. I f they d i d , h i s delegation vrauld have to vote against them. 22. Mr. WALKATE (Netherlands) s a i d that the Commission's mandate to discuss the item had been granted by the Economic and S o c i a l Council and the General Assembly. Therefore, to s i n g l e out one or tvro forms of t o t a l i t a r i a n i d e o l o g i e s represented a kind of i n s u b o r d i n a t i o n . He suggested that the m o d i f i c a t i o n proposed by the Byelorussian representative t o amendment 7 should reads "V/ith a view to the preparation of an i n t e r n a t i o n a l instrument p r o v i d i n g f o r the r i g h t of defence against a l l t o t a l i t a r i a n o r other i d e o l o g i e s and p r a c t i c e s , i n c l u d i n g N a z i , F a s c i s t and neo-Pascist, based on r a c i a l or ethnic exclusiveness or i n t o l e r a n c e , hatred, t e r r o r , systematic d e n i a l of human r i g h t s and fundamental freedoms, or which had such consequences", again u s i n g the language of General Assembly r e s o l u t i o n 36/162, which had, he repeated, been adopted vrithout a vote and had been based on Commission r e s o l u t i o n 3 (XXXVIl). The l a t t e r r e s o l u t i o n had i n turn been the r e s u l t of lengthy negotiations betvreen i n t e r e s t e d delegations. 23. I^Ir. OGURTSOV (Byelorussian Soviet S o c i a l i s t Republic) s a i d that the P h i l i p p i n e s was indeed fortunate i n not having had to experience a l l the horrors of the'extreme anti-human ideology of Nazism. H i s ovín delegation, representing a coiuntry that had f u l l y experienced those horrors, f e l t i t important to s i n g l e out the vrorst, most extreme of the t o t a l i t a r i a n i d e o l o g i e s , namely nazism and fascism, which had been the source of the b l o o d i e s t v-rar i n the tvrentieth century. The people-of h i s country vrere dedicated to the struggle to prevent the re-emergence of, or any support f o r , such i d e o l o g i e s . 24. V/ith regard to the points made by the representative of the Netherlands concerning the mandate granted by the General Assembly, he asked why the sponsors of the amendments i n s i s t e d on amending paragraph 5 of the d r a f t r e s o l u t i o n , which vras, a f t e r a l l , also part of the mandate of the General Assembly as l a i d down i n r e s o l u t i o n 56/162. The t i t l e of the item s p e c i f i e d i n the General Assembly r e s o l u t i o n r e f e r r e d to "measures" and the. d r a f t r e s o l u t i o n that he had introduced sought to give p r a c t i c a l implementation to that request. I t vras, of course, d i f f i c u l t to prepare an i n t e r n a t i o n a l instrument but vrork should begin as soon as p o s s i b l e , out of respect f o r the m i l l i o n s of past victims of Nazi and F a s c i s t ideologies. The United Nations had arisen from the struggle against nazism and
E/CN, 4/198 2/SR.
60
page 8
fascism and the Commission could not refuse to prepare a docvmient against those s p e c i f i c and well-known i d e o l o g i e s . The notion of " t o t a l i t a r i a n " i d e o l o g i e s was, oh the other hand, amorphous5 the fe\i d e f i n i t i o n s a v a i l a b l e could Ъе found only i n Western w r i t i n g s , 25. Mr. MORENO-SALCEDO ( P h i l i p p i n e s ) thanked the representative of the Byelorussian S 3 R f o r hJ.s explana-tions and s a i d that he v/as f u l l y аг/аге of the s u f f e r i n g s of the Soviet people i n the Second V/orld V/ar, However, the present issue was to consider the p o s s i b i l i t y of drawing up an i n t e r n a t i o n a l l e g a l documentcondemning c e r t a i n t o t a l i t a r i a n i d e o l o g i e s . His own country had fortxmately not undergone the persecution of fascism- and nazism, but i t d i d have experience v/ith c e r t a i n extremist groups, A doctunent v;hich d i d not r e f e r to such groups, therefore, would be d i f f i c u l t f o r h i s delegation' to understand. He would be prepared t o vote f o r the d r a f t r e s o l u t i o n i f another l e g a l document could be prepared to cover d i f f e r e n t i d e o l o g i e s i n other• covintries. 26. ЗУЬг, BELL (Canada) said that h i s delegation had engaged i n lengthy consultations vrith other delegations about the present d r a f t r e s o l u t i o n and s i m i l a r t e x t s , but the r e s u l t s had not been wholly s a t i s f a c t o r y . He hoped that the Commission vrould not be forced to vote on a question v/hich tended to arouse intense feeling,' ^He had been impressed by the moving statements made by the representative of,the Byelorussian SSR both i n the Commission and i n the General Assembly, He vras only too vrell aware that 20 m i l l i o n of that representative's compatriots had been k i l l e d as a r e s u l t of an extreme ideology and he could f u l l y -understand the importance vrhich that representative attached to the d r a f t r e s o l u t i o n . I t v/a-s, therefore, very much t o be hoped that agreement could be reached vrithout a vote. The language of document E/CN.4/I982/L.69 had been vrorked out a year before, and he appealed to the sponsors of d r a f t r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L . 5 $ to adhere to that language as c l o s e l y as p o s s i b l e . 27. Mr. OG'DRTSOV (Byelorussian Soviet S o c i a l i s t Republic) thanked the representatives of the P h i l i p p i n e s and Canada,for t h e i r understanding of h i s delegation's a t t i t u d e , and suggested that the point r a i s e d by the P h i l i p p i n e representative might be met by adding some such phrase as "and other forms of t o t a l i t a r i a n i d e o l o g i e s and practices". He proposed that the Commission should accept the amendments he had agreed to i n doctiment s/CN.4/1982/1,69. I t should then ad.opt the d r a f t r e s o l u t i o n vrithout a vote, 28,. Mr, V/ALKATE (Netherlands) s a i d he found i t d i f f i c u l t to forgo a d e c i s i o n which had been taken without a vote by the General Assembly and endorsed by the Economic and S o c i a l C o u n c i l . He vras v r i l l i n g to accept the a d d i t i o n of a reference to the l e g a l instrument suggested by the representative of the Byelorussian SSR, provided that i t vras follovredc by the relevant text adopted by the General Assembly' and the C o u n c i l , 29, Mr. CALERO R0I)RIGÜ::Í]S ( B r a z i l ) s a i d that i n the present circumstances a decision taken vrithout a vote vrould not be meaningful and might even be harmful to the Commission's future vrork. He therefore proposed that the Commission should inform the General Assembly that, ovring to l a c k of time, i t had not completed i t s consideration of agenda item 22 and vrould do so at i t s next s e s s i o n .
E/CK.4/19C2/SE.60
page 5 30. Ilr. OGimTSOV (Byelorussian Soviet S o c i a l i s t Republic) said that i t had, been impossible to reach a consensus regarding the text of d r a f t , r e s o l u t i o n E/CII.4/1982/L.53 c h i e f l y on "account of the r e g r e t t a b l y unco-operative a t t i t u d e of tho lietherlands delegation. The sponsors, therefore,, were, foroed to request a vote on that d r a f t r e s o l u t i o n . 31. Ilr. II/IETIIIEZ (Argentina), supported by I'lr. BELL (Canada), proposed that the matter should be deferred u n t i l the Commission's t h i r t y - n i n t h session, since i t Vías h i g h l y d e s i r a b l e to achieve adoption by consensus of a document r e l a t i n g to such an important t o p i c . 32. Ыг. V/ALIÍATE (lletherlands) said that at'no time had h i s delegation been unvjilling to co-operate. Hovjever, i t had been approached i n regard to the text only h a l f an hour before. I t supported the proposal to defer consideration of the matter u n t i l the t h i r t y - n i n t h session. 33. I'lr. OGURTSOV (Byelorussian Soviet S o c i a l i s t Republic) said that the sponsors could agree to that course, on the understanding that the subject would appear as a matter of high p r i o r i t y on the agenda f o r the Commission's t h i r t y - n i n t h session. 34.
I t vas so decided.
MEASURES TO IMPROVE THE SITUATIOH A I ® EHSURE THE HDMAH RIGHTS AI© DIGNITY OF ALL MIGRANT WORICERS (agenda item 14) (continued) (E/CN,4/1932/L.58) I-b--. TAFFAR ( A l g e r i a ) , i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN. 4/1982/L. 38, said that h i s delegation was f u l l y s a t i s f i e d v/ith the progress made by the Uorking Group established by the General Assembly to- prepare an i n t e r n a t i o n a l convention on the p r o t e c t i o n of the r i g h t s of a l l migrant v/orkers and t h e i r f a m i l i e s . I t was convinced of the urgent need to adopt a comprehensive convention on that matter and, hoped that the GenejXil Assembly v/ould take the necessary measures. The d.raft r e s o l u t i o n was p u r e l y procedural i n nature and he hoped that the Commission, could adopt i t by consensus. 36. The CHAIRI'-ItlN announced that the delegation of the Federal Republic of Germany had requested a vote on that d r a f t r e s o l u t i o n . 37. I-Ir. JOHNSON (United States of America) said that h i s delegation \/ould a b s t a i n i n the vote on the d r a f t r e s o l u t i o n since, i n spite of the progress made by the Working Group, i t v/as convinced that ILO v/as the appropriate forum f o r d r a f t i n g a new i n t e r n a t i o n a l instrument on the matter. I f that instrument v/as prepared.outside ILO, i t would not have the b e n e f i t of the great experience of ILO experts and ILO's d e t a i l e d r e p o r t i n g system. 38. Mr. WALMTE (Netherlands) said that i f the d r a f t r e s o l u t i o n v/as put to the vote, h i s delegation v/ould have to a b s t a i n since i t -/as not convinced that there v/as an urgent need to adopt a convention on that subject v/ithin the framework of the General Assembly. In view of the great v a r i e t y of migrant problems a l l over the v/orld, there v/ere other forums v/hich v/ere much b e t t e r equipped to dra.ft a useful convention.
E/CÏÏ.4/1982/SR.60
page 1 0
39'
The СЫА1ШШ1 i n v i t e d the Согш1ез1оп to vote on d r a f t r e s o l u t i o n E/CÍÍ.4/19G2/LOÍ:
40.
At the request of the repi-esentative of Cuba, the vote v;as taken by
41•
Japan, having been drawn by l o t by the Chairman, was
roll-call.
c a l l e d upon to vote
first.
In favour;
A l g e r i a , Argentina, Australie., B r a z i l , B u l g a r i a , Byelorussian Soviet S o c i a l i s t pLepublic, Canada, Chin-i, Costa R i c a , Cuba, Cyprus, Denmark, E t h i o p i a , F i j i , France, Gh¿ina;, Greece, I n d i a , I t a l y , Japan, Jordan, Ilexico, P a k i s t a n , Panama, Peru, Phil.ippines, Poland, R\;anda, Senegal, Syr.ian Arab Republic, Togo, Uganda, Union of. Soviet S o c i a l i s t Republics, United Kingdom of Great B r i t a i n and Northern Ireland-, Uruguay, Yugoslavia, Zeiire, Zambia, Z.inbabwe.
Against;
None.
Abstaining;
Germany, Federal Republic of, Netherlands, United States ofAmerica.
42. D r a f t r e s o l u t i o n E/CN.4/19C2/L. 3S v/as adopted by 39 votes to none, with 3 abstentions. THE ROLE OF YOUTH Ш THE PROMOTION AlO PROTECTION OF HUMAN RIGIPTS, n^ICLUDING THE QUESTION OF CONSCIENTIOUS OBJECTION TO MILITARY- SERVICE (agenda item 1?) (continued) (E/CN.4/19S2/L.54) 4 3 ' Mr. OGURTSOV (Byelorussian Soviet S o c i a l i s t R e p u b l i c ) , introducing d r a f t r e s o l u t i o n E/CN.4/1982/1..54, said that the language of the d r a f t r e s o l u t i o n was c l e a r and e a s i l y understandable and should cause no d i f f i c u l t i e s . He hoped, therefore, that i t could be adopted by consensus, 44. Viscount COLVILLE OF CUTROSS (United Kingdom) said -that h i s delegation could agree to the di-aft r e s o l u t i o n subject to the follob-ing amendments, which he read out. 45» In the second, preambular paragraph, the follo\;.ing words should be inserted a f t e r the v;ords " c a l l e d upon to promote"; "universal respect f o r , and observance of, human r i g h t s and fundamental freedoms f o r a l l " . 46. The f i f t h preambular paragraph should be replaced by the follo\;ing; "Considering that States should take a c t i o n f o r the r e a l i z a t i o n by youth of a l l t h e i r human r i g h t s and fundamental freedoms, includiing the r i g h t to education and the r i g h t to v;ork, so that young people may r e a l l y p l a y an a c t i v e r o l e i n the p o l i t i c a l , economic and s o c i a l development of t h e i r country". 47* In the seventh preambular paragraph, the f i n a l clause should be amended to read; " f o r securing f o r youth a l l of t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g the r i g h t to education and the r i g h t to work".
E/CN.4/19Û2/SR.60 page 11
4Q. In o p e r a t i v e paragraph 1, the word " p o l i t i c a l " should be i n s e r t e d before the words "economic and s o c i a l development" i n the second l i n e and before the words " s o c i a l and economic development" i n t h e t h i r d l i n e . In the penultimate l i n e o f t h e same paragraph, the words " e x e r c i s e o f human r i g h t s and fu:,da.nental freedoms and o f " should be i n s e r t e d before the words "the r i g h t o f p e o p l e s " . 49. In o p e r a t i v e paragraph 2 , t h e viords "the e x e r c i s e o f the r i g h t s o f youth t o e d u c a t i o n and work" should be r e p l a c e d by t h e words "the e x e r c i s e by.youth o f a l l t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g t h e r i g h t t o e d u c a t i o n and work". 50. In o p e r a t i v e paragraph 4 , t h e v7ords "the e x e r c i s e o f the r i g h t s o f youth t o e d u c a t i o n and t o work" should be r e p l a c e d by the words "the e x e r c i s e by youth o f a l l o f o f t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g the r i g h t t o e d u c a t i o n and t o v;ork". 51. Mr. OGURTSOV ( B y e l o r u s s i a n S o v i e t S o c i a l i s t R e p u b l i c ) s a i d t h a t he had no o b j e c t i o n t o those amendments. 52. Mr. ALVAREZ VITA (Peru) p o i n t e d out t h a t the word " e d u c a t i o n " i n t h e f i f t h preambular paragraph and i n o p e r a t i v e paragraphs 2 and 4 had been t r a n s l a t e d i n the Spanish t e x t as "enseñanza", vrhich meant " t e a c h i n g " r a t h e r than " e d u c a t i o n " . 55. The CHAIRMAN s a i d t h a t t h e word " e d u c a t i o n " was the c o r r e c t term i n t h e E n g l i s h text. 54. Mr. BOND ( U n i t e d S t a t e s o f America) s a i d he vras prepared t o agree t o the d r a f t r e s o l u t i o n without a v o t e . Hovrever, h i s acceptance o f a consensus i n no way m o d i f i e d h i s d e l e g a t i o n ' s p o s i t i o n t h a t t h e e x e r c i s e o f f u l l s o v e r e i g n t y over n a t u r a l v/ealth and r e s o u r c e s , r e f e r r e d t o i n o p e r a t i v e paragraph 1, should be c o n s i s t e n t w i t h t h e r e c o g n i z e d standards o f i n t e r n a t i o n a l law. 55. Mr. LAMG ( F e d e r a l R e p u b l i c o f Germany) and V i s c o u n t COL\fILLË OF CULROSS (United Kingdom) supported the view expressed by the U n i t e d S t a t e s r e p r e s e n t a t i v e . 56.
D r a f t r e s o l u t i o n E/CM.4/1982/L.54 was adopted without
a vote.
ADVISORY SERVICES IN THE FIELD OF HUMAN RIGHTS (agenda item 23) (E/CN.4/1982/L.48)
(continued)
57. Mr. PACE ( S e c r e t a r y o f the Commission) announced t h a t B u l g a r i a , Ghana and Poland had j o i n e d t h e sponsors o f d r a f t r e s o l u t i o n E / C N . 4 / I 9 8 2 / L . 4 8 on a s s i s t a n c e to Uganda. 58. Mr. OTUNNU (Uganda), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN.4/1982/L.48, s a i d t h a t i t vras a follow-up t o Commission r e s o l u t i o n ЗО (XXXVIl). His country was s t i l l s u f f e r i n g from the enormous economic, s o c i a l and p o l i t i c a l problems i n h e r i t e d from a decade o f F a s c i s t d i c t a t o r s h i p . The r e c e n t l y e l e c t e d Government had dravm up a comprehensive r e c o n s t r u c t i o n programme and t h e r e were a fevr areas i n t h e f i e l d o f human r i g h t s , l i s t e d i n o p e r a t i v e paragraph 1, where t h e Commission c o u l d make a c o n t r i b u t i o n as a g e s t u r e o f i t s concern. 59.
D r a f t r e s o l u t i o n E/CM.4/1982/L.48 vras adopted without
a vote.
E/CN. 4/1982/su,бО page 12
EÜETHER EROMOTION AND ЕНС0ШАСЕ14Е1И OF ШЛ-'IAN RIGHTS AND FulïDAj^IENTAL ЕНЕЕВШЗ, INCLUDING THE-QUESTION OF A PROGRAMME Alffl METHODS OP'v/ORX QE' THE GOMîîïSSION; ALTERNATIVE APPROACHES AW WAYS AííDiíEAÑSЖ Т Н Ш THE míITED IJATIONS SYSTEM FOR BiPROVING;:THE-EFFECTIVE SNJOYî-'IEîTT OF ШШ_ RIGHTS AND FbT.-IDAííEiíTü.L FREEDOMS (agenda item l l ) (continued)-(B/CN.4/1982/L.36, L.39, L . 4 4 and L.59) 60. Mr. .RAI'JGACHÁRI ( i n d i a ) , speaking as Chairnan-Rapporteur of the V/orking Group e s t a h l i s h e d under Coitoission r e s o l u t i o n 23 (X}ECVIl), introduced i t s report (E/CI.4/1982/L.39). I n the l i m i t e d tine a t i t s d i s p o s a l , the V/orking Group had concentrated i t s d i s c u s s i o n on the Coixiission's methods c f work. The areas of agreement were embodied i n the d r a f t resolt;tion proposed i n paragraph 18 of the r e p o r t . - As a r e s u l t of f u r t h e r c o n s u l t a t i o n s , he wished to make .sor.ae aiuendiaents to the t e x t . I n operative x^aragraph 5> second l i n e , the words "and methods'.' should, be added a f t e r the words ' " i t s prograiiine". The end of that paragraph should be replaced by the t e x t suggested by tho Danish delegation, which was set out i n paragraph 18 (d) of the report. I n operative paragraph 6, f i r s t l i n e , the phrase, "when considering i t s organization of work" should be added a f t e r thië.words " t h i r t y - n i n t h session". A t the end of operative paragraph 6, the phrase "taking i n t o account the work being undertaken i n iniplenentation of i t s r e s o l u t i o n 22/1982" should' be added. 61.
The C o m i s s i o n
took note of the report of the V/orking Group (В/СН. 4/1982/L. 39) •
62. The CoamissiOn adopted the d r a f t r e s o l u t i o n proposed i n paragraph 18 of that report, as amended, without a vote. 63. Mr. FLOOD (united States of Atierica), speaking i n explanation of vote, s a i d , t h a t - h i s delegation had agreed to the adoption, of the d r a f t r e s o l u t i o n without a vote i n a'sï)irit of consensus and because i t agreed with mi; ch of .the d r a f t r e s o l u t i o n ' s content, ' With regard to paragraph ,5 of the t e x t , however,, h i s delegation stressed that there was no change i n i t s long-standing p o s i t i o n w i t h regard to c e r t a i n aspects of General Assembly r e s o l u t i o n 3 2 / l 3 0 ' IP 'there had been a vote on the d r a f t r e s o l u t i o n , -his delegation would have abstained, 64. The CHAIRMAN drew a t t e n t i o n to doc-onent E/CN.4/1982/L..44 s e t t i n g f o r t h the f i n a n c i a l i m p l i c a t i o n s of d r a f t r e s o l u t i o n E/CN.4/1982/L.36Ï 65. Mr. WALKATE (Netherlands), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN.4/1982/L.36, said that i t would provide the l e g a l a u t h o r i z a t i o n f o r the S e c r e t a r i a t to d i s t r i b u t e , i n as many languages and forms as p o s s i b l e , the. United Nations D e c l a r a t i o n on the E l i m i n a t i o n of A l l Forms of Intolerance and ..of Discrimination. Based on R e l i g i o n or Belief: • • 66.
D r a f t r e s o l u t i o n E/CH.4/1982/L.36 was adopted without a vote.
67. The СНА.ШШГpointed out that i n d r a f t r e s o l u t i o n E/CN.4/1982/L. 59, operative paragraphs 2 and 7, the word " t h i r t y - e i g h t h " should be replaced by " t h i r t y - n i n t h " . . 68.
D r a f t r e s o l u t i o n E/CN.4/1982/L.59 was .adopted without a vote.
E/CN.4/1982/SR.60
page 13
RIGHTS OF PERSONS BELONGING TO NATIONAL, ETHNIC, RELIGIOUS ANB LINGUISTIC MINORITIES (agenda item 2 l ) (continued){E/CN.4/1982/L.42 and L . 6 2 ) V
.
. .
•
69. Mr. TOSEVSKI (Yugoslavia), speaking as Chairman-Rapporteur of the informal Working Group set up to consider the d r a f t i n g of a d e c l a r a t i o n on the r i g h t s of'persons belonging to n a t i o n a l , ethnic, r e l i g i o u s and l i n g u i s t i c m i n o r i t i e s , introduced i t s report (E/CN.4/1982/L-.42) . The Working Group had continued i t s f i r s t reading of the d r a f t d e c l a r a t i o n and had approved the preambular p a r t . I t had also continued i t s consideration of a r t i c l e 1. He proposed that the Commission should adopt draft r e s o l u t i o n E/CN.4/1982/L.62 a u t h o r i z i n g the Working Group to continue i t s work at the Commission's next session. 70.
The Commission took note of the report of the Working Group ( E / C N . 4 / 1 9 8 2 / L . 4 2 ) .
71.
The Commission adopted.draft. resolution.E/CN.4/1962/L.6¿-..without a. vote. -
QUESTION OF A CONVENTION ON THE RIGHTS OF THE CHILD (agenda item I 3 ) (continued). (E/CN.4/1982/L.35, L . 4 I and L , 4 7 )
72. Ш. LOPATKA (Poland), speaking as Chairman-Rapporteur of the Working Group on a d r a f t convention on the r i g h t s of the c h i l d , introduced i t s report (E/CN.4/1982/L.4I). He thanked the p a r t i c i p a n t s and the S e c r e t a r i a t f o r t h e i r co-operation. T-urning to d r a f t r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L . 5 5 , he announced that A u s t r a l i a and Cuba had j o i n e d the sponsors. The d r a f t r e s o l u t i o n was a procedural r e s o l u t i o n which would enable the Economic and S o c i a l Council to authorize the Commission t o continue to give p r i o r i t y t o the work on the d r a f t convention, i n accordance with General Assembly r e s o l u t i o n 56/57» 73. The CHAIRMAN annoimced that Greece had j o i n e d the sponsors of the d r a f t r e s o l u t i o n and drew a t t e n t i o n to the statement of i t s f i n a n c i a l i m p l i c a t i o n s contained i n document E / C N . 4 / 1 9 8 2 / L . 4 7 .
74. Mr. JOHNSON (United States of America) commended the S e c r e t a r i a t f o r the d r a f t i n g of the report, which r e f l e c t e d lengthy and complicated d i s c u s s i o n s . I t would represent a c o n t r i b u t i o n to the l e g i s l a t i v e h i s t o r y of the convention. 75. Mrs. HERRAN (Observer f o r Colombia) associated h e r s e l f with the comments of the United States representative and announced that her delegation wished to become a., sponsor of the d r a f t r e s o l u t i o n . 76.
The Commission took note of the report of the Working Group
(E/CN.4/1982/L.41)•
77.
The Commission adopted d r a f t r e s o l u t i o n E/CN.4/1982/L.35 without a vote.
QUESTION OF HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR; (a)
TORTURE АШ)'OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (agenda item lO) (continued) ( E / C N . 4 / 1 9 8 2 / L . 2 9 , L . 4 0 , L . 5 2 and L . 6 5 )
78. The CHAIRMAN, i n the absence of the Chairman-Rapporteur of the Working Group on a d r a f t convention against t o r t u r e and other c r u e l , inhuman or degrading treatment or pxmishment, i n v i t e d the Commission to take note of i t s report ( E / C N . 4 / 1 9 8 2 / L . 4 0 ) • 79.
The Commission took note of the report of the Working Group
(E/CN.4/1982/L.40).
E/CN.4/1982/SR.60
page 1 4
80. The CHAIRMAF drew a t t e n t i o n t c document E/CF,4/1982/L.63 s e t t i n g f o r t h the f i n a n c i a l i m p l i c a t i o n s of draft r e s o l u t i o n Ê/CII.4/1982/L.52V" 81. Mr. Б У Е Ы Ж Р (Denmark), introducing d r a f t r e s o l u t i o n s : E / C F . 4 / 1 9 8 2 / L . 2 9 and L . 5 2 , s a i d that-the former c a l l e d on .Governments to contribute to the united Nations Voluntary Fund f o r Victims of Tortxure. Draft r e s o l u t i o n Е/СЯ.4/1982Д. 52 was a r e s o l u t i o n which would enable the Economic and S o c i a l Council to authorize the Working Group to complete i t s work on the draft convention. . 82. Mr. WALKATE (Netherlands) suggested t h a t , as a p r a c t i c a l gesture, a l l members of the Commission should make a c o n t r i b u t i o n to the Fund. His own Government had contributed 125,_O00 g u i l d e r s . 85.
Draft r e s o l u t i o n s E/CN.4/1982/L.29 and L.52 were adopted without a vote.
8 4 . The CHAIRMAN thanked the Working Groups and t h e i r respective Chairmen-Happorteurs f o r the s a t i s f a c t o r y r e s u l t s of t h e i r work. THE EIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS APPLICATION TO PEOPLES fflDER COLONIAL OR ALIEN DOMINATION OR FOREIGN OCCbTATION (agenda item 9) (coritinued) ' (E/CN.4/1982/L.21, L.-50, L.32
and
L.54)
8 5 . Ms. WELLS ( A u s t r a l i a ) s a i d that there had been extensive consultations on the text of draft r e s o l u t i o n E/CN.4/1982/L.21 and a great deal of i n t e r e s t expressed i n i t , as r e f l e c t e d i n the amendments contained i n documents E / C N . 4 / 1 9 8 2 / L , 5 0 , L . 3 2 and L.34» Unfortunately, there had been i n s u f f i c i e n t time to take account o f - a l l . t h e views expressed and to reach a consensus concerning the t e x t . The main point was that some delegations wished to widen the scope of the t o p i c , b e l i e v i n g that .conpideratiqn should not be r e s t r i c t e d to the aspects discussed i n the General Assembly"but' 'should be extended t o cover a l l peoples and a l l s i t u a t i o n s . The .sponsors of d r a f t r e s o l u t i o n E/CN.4/1982/L.21 hoped that a large measure of agreement on the matter could; be reached i n the f u t u r e . For the time being, they wished to with,draw the text of the d r a f t r e s o l u t i o n ; the amendments would l i k e w i s e be withdrawn. ORGANIZATION OF THE FUTURE WORK OF THE CO№IISSION 86. The CHAIRMAN reminded -the Commission that i n closed meeting i t had already decided to set up, subject to the approval of the Economic and S o c i a l Council, a working group c o n s i s t i n g of f i v e members to meet one week p r i o r to the Commission's t h i r t y - n i n t h session i n order to consider any s i t u a t i o n s r e f e r r e d to i t by the Sub-Commission on ^ Prevention ••ôT'Ш'scfimináîion''and P r o t e c t i o n of Míhó'fitíes'at i t s t h i r t y - f i f t h session and to consider any outstanding matters which the Commission had decided t o keep under review. "'He i n v i t e d thé Commission t'o décide whether to request'the Council to authorize three a d d i t i o n a l hours a day of meeting s e r v i c e s • f o r the Commission at i t s t h i r t y - n i n t h session. 87. Mr. HYAMEKYE (Deputy D i r e c t o r , D i v i s i o n of Human R i g h t s ) , announcing the programme budget i m p l i c a t i o n s under r u l e 2.8 of the r u l e s of procedure, s a i d that the cost of the •proposed meeting services would amount to approximately"$US 300,000 f o r 1983.
E/CF.4/1982/SR.60
page 15
8 8 . №?. RAJTGACHARI (India) s a i d h i s delegation feared that the considerable a d d i t i o n a l expenditure would lead only to f u r t h e r very l a t e meetings and to a lack of time f o r delegations to study the documentation properly and prepare t h e i r statements. The a d d i t i o n a l hours involved would amount to the equivalent of two f u r t h e r weeks of work f o r the Commission. I t would s-urely be b e t t e r , therefore, to extend future sessions by two weeks rather than meet f o r so many hours each day as at present. A wiser course altogether might be simply to impose a t i m e - l i m i t on statements. He proposed that no d e c i s i o n on the matter should be taken at the current session. 89.
I t was so agreed. The meeting rose at 6.25 p.m.
NATIONS
Distr. GENERAL
ECONOMIC AND SOCIAL C O U N C
•
E/CW.4/I932/SR.6O 26 March 1 9 8 2 Original :
CObMSSION ON EUmn
ENGLISH
RIGHTS
Thirty-eighth session SUGARY -RECORD OF THE 6 0 t h MEETING h e l d a t the P a l a i s des N a t i o n s , Geneva, on Thursday, 11 March 1 9 8 2 , a t 3 p.m.
Chairman;
Mr. GARVALOV
(Bulgaria)
CONTENTS Question o f the v i o l a t i o n o f human r i g h t s and fundamental freedoms i n any p a r t o f the v;orld, with p a r t i c u l a r r e f e r e n c e t o c o l o n i a l and o t h e r dependent c o u n t r i e s and territories, including: (a)
Question o f human r i g h t s i n Cyprus
(continued)
Question o f measures t o be taken a g a i n s t i d e o l o g i e s and p r a c t i c e s based on t e r r o r or i n c i t e m e n t t o r a c i a l d i s c r i m i n a t i o n or any o t h e r form o f group h a t r e d ( c o n t i n u e d ) Measures t o improve the s i t u a t i o n and ensure migrant viorkers (continued)
the human r i g h t s and d i g n i t y o f a l l
The r o l e o f youth i n the promotion and p r o t e c t i o n o f human r i g h t s , i n c l u d i n g the q u e s t i o n o f c o n s c i e n t i o u s o b j e c t i o n t o m i l i t a r y s e r v i c e (continued) A d v i s o r y s e r v i c e s i n t h e f i e l d o f human r i g h t s
(continued)
F u r t h e r promotion and encouragement o f human r i g h t s and fundamental freedoms, i n c l u d i n g t h e q u e s t i o n o f t h e programme and methods o f work o f the Commission; a l t e r n a t i v e approaches and ways and means w i t h i n the U n i t e d Nations system f o r improving the e f f e c t i v e enjoyment o f human r i g h t s and fundamental freedoms (continued)
This record i s subject to c o r r e c t i o n . C o r r e c t i o n s s h o u l d be submitted i n one o f t h e working languages. They s h o u l d be s e t f o r t h i n a memorandum and a l s o i n c o r p o r a t e d i n a copy o f the r e c o r d . They s h o u l d be sent w i t h i n one week o f t h e date o f t h i s document t o the O f f i c i a l Records E d i t i n g S e c t i o n , room E . 6 1 0 8 , P a l a i s des N a t i o n s , Geneva. Any c o r r e c t i o n s t o the r e c o r d s o f t h e meetings o f t h i s s e s s i o n w i l l be c o n s o l i d a t e d i n a s i n g l e corrigendum, t o be Issued s h o r t l y a f t e r the end o f the s e s s i o n . GE.82-16042
E/C№.4/19.82/SR.60 page -2
CONÍEWfS ;{:Gohtinued ) R i g h t s o f . persons belonginç t o n a t i o n a r V . e t h n i c , r e l i g i o u s and minorities (continued) Question of a c o n v e n t i o n on the r i g h t s of the c h i l d Question o f the human r i g h t s o f a l l persons or imprisonment, i n p a r t i c u l a r ; (a)
linguistic
(continued)
s u b j e c t e d t o any
T o r t u r e and o t h e r c r u e l , inhuman or degrading treatment
form o f d e t e n t i o n
or punishment (contirmed )
The r i g h t o f peoples to s e l f - d e t e r m i n a t i o n and i t s a p p l i c a t i o n to peoples under c o l o n i a l o r a l i e n domination o r f o r e i g n o c c u p a t i o n (continued) O r g a n i z a t i o n of the f u t u r e work o f the; Commission
Е/Ш.4А982/ЗЕ.бО page- 3 The nieetiïig was оаЗДв^|. t o order at
p.in,
QUES^nOH OF THE 'VTIOLATIOIT OF HUÎ'IâH RIGHTS РЩтМЕКТА!. FREEDOMS I N i N Y P/iET OP THE WCRLB, >ЯТН Р^\1Ф1С1Т}'.^Ш Р Ж Ш ^ С Е TO COLONIAL О Т Ш Е DEPENDENT COUNTEIES Ai£D TBERITORIES, INOLUPIKGr a) QUESTION OP HUMAN EIGI?rs IN CYPKUS (agenda item 12) (continued) E/CN.4/1962/L.27 and L . 4 9 ) 1. Mr. I-rjTTON ( A u s t r a l i a ) J speaxirig i n explanation o f vote, s a i d that h i s delegation had already exp-ressed t h o conce'rn f e l t b j the Goveimment and people of A u s t r a l i a á3out the s i t u a t i o n i n Poland since the d e c l a r a t i o n of m a r t i a l law i n December 1961, w i t h the conséquent v i o l a t i o n s of human r i g h t s and fundamental freedoms. H i s Govcmittent continued-to appeal t o t h e a u t h o r i t i e s i n Poland to take steps t o i-estore f u l l Gnjojment c f t h e rig]).ts and freedoms of P o l i s h c i t i z e n s . B-^Tievijig that the CcKrrission must concern i t s e l f w i t h v i o l a t i o n s of hvrnian r i g h t s wherever they o c o j r r e d , h i s delofjation had voted i n favour of d r a f t r e s o l u t i o n s/oH.4/1982/L.27. 2» Mr. ALYAPtEZ VITA (Peru) explained, that h i s delegation's vote on d r a f t r e s o l u t i o n E/OK.4/1982/L.27lïad"been lirJíed t o i t s view-that t h e United Nations had been founded on the basis'-- of t h e p x i n c r p l e of non-inte.rvention. The sovereignty and s e c u r i t y of States ïiïust, l i k e human r i g i i t s , be f?i.ia,r.aRteeá by i n t e r n a t i o n a l l a v and h i s delegation had always isupported the idea that biSian r i g h t s should receive i n t e r n a t i o n a l protection. H i s deleg-ation r e g r e t t e d the i n c r e a s i n g p o l i t i o i z a t i o n of the Oommission, which was net a court and should seek t o protect the enjoyment c f hunan r i g h t s out of hiüQanit a r i a n сошхал. rab i o n s .
5. Mr. BELL (Cenada) s a i d i t had been v i t h deep .regi.'et that h i s delegation had found i t necessary t o a b s t a i n ir: t h e vote on d r a f t r e s o l u t i o n Е-/0Н.4/1982Д.49«. The Goveirrffiient and people o f Oaitada bad been deeply s.hof.ked by the continxiation of Ttamaxi rigi-its аЪггвез i n E l Salva-dor, abuaes t h a t had been perpetrated by both s-ides i n the c o n f l i c t and .had. t h e coimon ^j-esult of untí;!! Ьшаагг s u f f e r i n g tlircugti death, dlsappearanc'e and torciu^e. H i s delegation therefore, c a l l e d on a l l p o l i t i c a l forces i n E l Salvador t o exercise r e s t r a i n t and humarity i n order t o b r i n g t o an end t h e a p p a l l i n g record Of human s u f f e r i n g .in that ccamtry. H i s delegation would have l i k e d t o support the r e s o l u t i o n but .felt t h a t some elements of the t e x t were inappropriate and r a i s e d p o l i t i c a l co>\ñ.láeration8 that were not w i t h i n t h e mandate of the Commission^ whcse o b j e c t i v e s should be confined t o the question of huxnan s u f f e r i n g and the abuse o f human right;-;. In p a r t i c u l a r , paragraph 4 exceeded the ffiandate of the Commission b y -passing j-udtferaent on the current p o l i t i c a l s i t u a t i o n i n E l SaJ-Vador'. 4. Mr. OALSEO RGDBIUII^IS ( B r a z i l ) s a i d ills-•d.olega.tio.u had c o n s i s t e n t l y been of'the opinion that the review of the Ьшаап r i g h t s s i t x i a t i o n i n any country should be consistent w i t h the procedures e s t a b l i s h e d in. Economic and Social. Oouncil resolutio.n 1503 ( X L V I I l ) , except L B ve-ry pax-ticralar caaes âuch aa that of A f ^ i a n i s t a n , where the presence o f f o r e i g n апае! forces could p r e j u d i c e the r i g h t s of a whole n a t i o n , ' That exception d i d not e x a c t l y apply i n Pclaná, althougii current events i n that .country had advei-sely a f f e c t e d hiiman r i g h t s . H i s delegation had t h e r e f o r e abstained i n the vote on d r a f t r e s o l u t i o n E/CN.4/1982/L.27» Fu.rthemore, the r e s o l u t i o n was'faulty i n i t s stnxcturej inasmuch aa paragraphs 6 and 8 envisaged the continued consideration of a s i t u a t i o n which, according t o paragraph 4 , t h e Gommj-ssion hoped t o see resolved i n t h e very near f u t u r e .
E/CN.4/1982/SR.60 page 4 5. His delegation had voted against d r a f t r e s o l u t i o n E/CH.4/1982/L.49 as the r e s o l u t i o n would not make a p o s i t i v e c o n t r i b u t i o n to the improvement of the human r i g h t s s i t u a t i o n i n E l Salvador. Puo?thermore, paragraph 4 of the r e s o l u t i o n included recommendations that h i s delegation considered to c o n s t i t u t e i n t e r f e r e n c e i n the i n t e r n a l a f f a i r s of E l Salvador, which should be dealt w i t h by the Salvadorians alone without external i n t e r f e r e n c e . 6 . Ж s s BAIÍIR АДЕН (Observer f o r I r a q ) , speaking i n exercise of the r i g h t of r e p l y , said .that her delegation had noted w i t h astonishment tha-t the statement by the observer f o r Iran had been derived from that made by the,Iranian delegation i n the Executive Committee of Н Ш С Н i n October 1981 - a point which the observer f o r Iran seemed to have been unaware of. 'The simple answer was t h ^ t the I r a n i a n diplomats who had been at t h e i r mission i n Geneva at that time had since f l e d . There was no need to speak of the hundreds of refugees who had f l e d I r a n as a r e s u l t of the oppressive measures being applied i n that country and the consequent continuous v i o l a t i o n s of human r i g h t s and fundamental freedoms. Those Iranians who had been r e p a t r i a t e d had i n f a c t been subversive elements who had abused Iraq's h o s p i t a l i t y ^ they had been r e p a t r i a t e d f o r reasons of i n t e r n a l s e c u r i t y i n humane conditions. There could be no question of d e p r i v i n g such persons, of I r a q i i d e n t i t y documents since they had never been c i t i z e n s of Iraq? and the a l l e g a t i o n s r e l a t i n g t o the s p l i t t i n g of f a m i l i e s and the c r o s s i n g of minefields were e n t i r e l y f a l s e . 7. V7ith regard t o the I r a q i armed f o r c e s , the President of I r a q , speaking on 28 September 1980, had said that I r a q did not b e l i e v e i n the use of power to impose i l l e g a l conditions on others. I r a q had no t e r r i t o r i a l ambitions; i t demanded that the I r a n i a n Government should recognize i t s r i g h t s . o v e r i t s t e r r i t o r i a l lands and waters, adhere to the p o l i c y of good neighbourliness and renoimce r a c i s t , aggressive and expansionist a t t i t u d e s and attempts to i n t e r f e r e i n the i n t e r n a l a f f a i r s of other countries i n the region. The I r a n i a n Government should respect i n t e r n a t i o n a l law and custom and the I n t e r n a t i o n a l Covenants on Human R i g h t s , 8. The I r a n i a n régime had v i o l a t e d the A l g i e r s Agreement of 1975 i n word and deed and had disregarded i t s o b l i g a t i o n s under the t r e a t y on i n t e r n a t i o n a l boundaries and good neighbourliness.. The Government of I r a q , on the other hand, had always abided by i t s o b l i g a t i o n s , but i t would a t a l l costs r e s i s t any threats t o , or v i o l a t i o n s of, i t s sovereignty, d i g n i t y and l e g i t i m a t e r i g h t s . The Government of I r a q had f r e q u e n t l y affirmed i t s wish to maintain good r e l a t i o n s with a l l i t s neighbours, i n c l u d i n g I r a n ; i t had no desire to extend the scope of the dispute and had always hoped that the I r a n i a n Government would respond reasonably to Iraq's exercise of i t s l e g i t i m a t e t e r r i t o r i a l r i g h t s . 9. The .UHHCR mission which had v i s i t e d I r a q had l a i d down the p r i n c i p l e s of à plan to provide assistance to needy Afghan refugees, and not t o I r a q i Kurds as the I r a n i a n representative had a l l e g e d . 10. The I r a n i a n régime had perpetrated a gross v i o l a t i o n of the Geneva Convention i n massacring 1,500 I r a q i prisoners immediately'- a f t e r capture. I t was hardly necessary to r e f e r to the massive and f l a g r a n t v i o l a t i o n s of human r i g h t s i n Iran i t s e l f ; d r a f t r e s o l u t i o n E/CN.4/1982/1,45, which had been adopted by the Commission a t . i t s previous meeting, r e f l e c t e d the consensus on that subject. However, the. I r a n i a n régime denied i t s own people not only the r i g h t to l i v e but
E/CN.4/1982/SR.60 page 5 a l s o the- r i g h t to he hurled. The I r a q i high command had p e r s i s t e n t l y urged the ICRC to endeavour t o arrange w i t h the I r a n i a n a u t h o r i t i e s a l i m i t e d c e a s e - f i r e so as to enable them t o bury the himdreds of I r a n i a n s o l d i e r s k i l l e d i n b a t t l e at Besetin. . But the I r a n i a n régime had refused and the I r a q i army had i t s e l f buried the I r a n i a n dead. The i n t e r n a t i o n a l community coxiLd judge f o r i t s e l f which of the two countries was v i o l a t i n g a l l the human r i g h t s of i t s c i t i z e n s , 11. Nor was the I r a n i a n régime i n any p o s i t i o n to t a l k about aggression. It" should abide by S e c u r i t y Council r e s o l u t i o n 479 ( l 9 S 0 ) . I t had imposed war on I r a q and was responsible f o r i t s prolongations i t f a i l e d t o respect human l i f e or economic welfare, and was simply s e r v i n g i t s own i n t e r e s t . I t remained imresponsive to a l l i n i t i a t i v e s f o r a peacef-ul settlement. 12. Mr. SABZALIM (Observer f o r I r a n ) , speaking i n exercise of the r i g h t of r e p l y , said that Iraq's claim that Iran was the aggressor was at variance w i t h the presence of large numbers of I r a q i tanks av-id troops i n Iran and the depredations being committed by I r a q i forces against Iranians i n t h e i r own land. 13. Mr. AL-KAISY (observer f o r Iraq) ..said the a l l e g a t i o n that I r a q had been the aggressor i n the c o n f l i c t with Iran was a f u r t h e r instance of the Iranians' f a l s i f i c a t i o n of events. The I r a q i M n i s t e r f o r Foreign A f f a i r s , i n addressing the General Assembly on 3 October 1980, had given an account of the v i o l a t i o n s of Iraq's t e r r i t o r i a l i n t e g r i t y which Iran had begun on 4 September I98O. I r a q , of course, had had to defend i t s e l f 5 but i t had constantly d&lled f o r negotiations and had accepted a l l the i n i t i a t i v e s , proposed by various i n t e r n a t i o n a l bodies i n i t i a t i v e s which Iran had rejected because of i t s expansionist and r a c i s t p o l i c i e s , fostered by zionism and imperialism. One example of Iran's expansionist aims was the conspiracy r e c e n t l y revealed i n Bahrain. 14. Islamic commxinities i n the United States and Canada had s t r o n g l y .condemned the k i l l i n g by Iranian forces of I r a q i prisoners of war as a v i o l a t i o n of the precepts of Islam, and had c a l l e d on a l l Muslims and other peace-loving peoples t o denounce the régime responsible f o r that crime. I r a q had no quarrel w i t h the I r a n i a n r e v o l u t i o n ^ but i t would r e s i s t t o the utmost any attempt to i n t e r f e r e i n i t s own affairs, 15? kir.- SABZALIAN (Observer f o r Iran) said that i t i l l became the representative of Iraq t o speak of respect f o r i n t e r n a t i o n a l law when i t s forces were occupying another coxmtry's t e r r i t o r y , or to invoke the precepts of Islam when I r a q claimed, according to the President of I r a q himself, that the Islamic r e l i g i o n belonged to Arabs alone, QUESTION OF líEASURES TO BE TAIŒN AGAINST IDEOLOGIES АШ PRAGTICES BASED ON TERROR OR INCITEMENT TO RACIAL DISCRItlLNATION OR AITY OTHER FORM OP GROUP HATRED (agenda item 22) (continued) (E/CN,4/1982/L,53 and L,69) 16. Mr, OGURTSQY (Byelorussian Soviet S o c i a l i s t Republic), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN,4/1982/L,53 on behalf of the delegations of B u l g a r i a , the German Democratic Republic and Poland as xiell as h i s ovm delegation, said that the people of h i s country, one quarter of whom had died i n the Second World War i n the struggle against nazism, fascism, aggression and occupation, were e s p e c i a l l y concerned at signs of the ro'-emergence of neo-nazi and n e o - f a s c i s t groups and organizations i n c e r t a i n parts of the vrorld, Tlie d r a f t r e s o l u t i o n c a l l e d f o r consideration of the problem of defence against neo-nazism and neo-fascism. Noting that some coxmtries had expressed reluctance to take the measxrces necessary to suppress the a c t i v i t i e s
E/CN.4/1982/SR.60
page б of such groups and organizations on the grounds that such measures might i n t e r f e r e w i t h the freedom of opinion and a s s o c i a t i o n , he said that the exercise of those freedoms could not Ъе allowed to' jeopardize the freedom of other peoples. The d r a f t r e s o l u t i o n e s s e n t i a l l y follovred the l i n e taken i n General Assembly r e s o l u t i o n 36/162, w i t h the one new element that the e n t i r e matter should Ъе studied at the t h i r t y - n i n t h session of the Commission w i t h a view to the preparation of an i n t e r n a t i o n a l l e g a l instrument p r o v i d i n g f o r the r i g h t of defence against neo-nazisra and neo-fascism. He was confident that the d r a f t r e s o l u t i o n would cause no d i f f i c u l t i e s and could Ъе adopted Ъу consensus. 17. № . t'/ALKATB (Netherlands), i n t r o d u c i n g on behalf of the delegations of A u s t r a l i a and Canada as xvell as h i s own delegation document E/CN.4/1982/L.69 which contained amendments to d r a f t r e s o l u t i o n E/CH.4/1982/L.53, said that he begged to d i f f e r w i t h the representative of the Byelorussian.Soviet S o c i a l i s t Republic about the'' a c c e p t a b i l i t y of the d r a f t r e s o l u t i o n . V/ithout intending to b e l i t t l e the dangers of the e v i l s r e f e r r e d to i n the d r a f t r e s o l u t i o n , he f e l t that i t should be put i n i t s proper perspective. The e v i l s of t o t a l i t a r i a n régimes were w e l l lmo\m and came i n various forms, i n c l u d i n g nazism, fascism, neo-nazism, and neo-fascism. Draft r e s o l u t i o n E/CH.4/1982/L.53 departed i n not i n s i g n i f i c a n t ways from Commission r e s o l u t i o n 3 (XXXVll) and General Assembly r e s o l u t i o n 36/162, both of vrhich had been the r e s u l t of lengthy and c a r e f u l n e g o t i a t i o n s . I t vrould be covmterproductive and r e g r e t t a b l e , t h e r e f o r e , to have to go over the same grovmd again. The Commission . should f o l l o v i the guidance l a i d - dovm by the General Assembly, f i r s t of a l l by using the t i t l e of the General Aseembly r e s o l u t i o n . Since the amendments contained i n docvxment E/CN.4/1982/L.69 were a l l aimed at b r i n g i n g the text of the d r a f t r e s o l u t i o n i n t o l i n e vrith Commission r e s o l u t i o n 3 (XXXVIl) and General Assembly r e s o l u t i o n 36/162, which had been adopted vrithout a vote, he hoped that a l l delegations would also agree to the amendments without a vote. 18. lie, OGURTSOV (Byelorussian Soviet S o c i a l i s t R e p u b l i c ) , r e f e r r i n g to the Netherlands amendments, said that i f the same c r i t e r i a were applied to those amendments as had been applied to the amendments to .a previous r e s o l u t i o n , i t was at l e a s t arguable that the amendments c o n s t i t u t e d not amendments as such but an e n t i r e l y new d r a f t r e s o l u t i o n . .Hovrever,,' h i s delegation did not seek a d i s c u s s i o n on the status of the amendments., He f e l t that the merit of the d r a f t r e s o l u t i o n l a y i n the f a c t that i t represented progress beyond the d e c i s i o n taken by the Commission, and that was of value since the Commission could not remain s t a t i c i n i t s tMnlcing, However, i n a s p i r i t of compromise, the sponsors of the d r a f t r e s o l u t i o n could accept amendments 1, 2, 3, and 5, as w e l l as amendment 7 with a s l i g h t r e v i s i o n , namely,, that amendment 7 should be extended by the f o l l o w i n g t e x t ; "with a view to the preparation of an i n t e r n a t i o n a l l e g a l instrtiment p r o v i d i n g f o r the r i g h t of defence against neo-nazism and neo-fascism". 19. I'Ir. WALKATE (Netherlands) said t h a t , while he welcomed the Byelorussian representative's f l e x i b i l i t y , he cotild not e a s i l y endorse departures from- the agreed langua-ge of Commission r e s o l u t i o n 3 (XKXVIl) and General Assembly r e s o l u t i o n 36/162.. He suggested, therefore, that the Commission should vote on the f o u r t h , s i x t h , and seventh amendments i f the sponsors of the d r a f t r e s o l u t i o n v/ere unable to accept them.
E/CN.
4/198 2/SR. 60
page' 7 20. Mr. MOBENO-SALCEPO ( P h i l i p p i n e s ) s a i d that there were many types of extreme i d e o l o g i e s , i n c l u d i n g nazism and fascism, hut the i n t e r n a t i o n a l instrument c a l l e d f o r . i n the Byelorussian r e s o l u t i o n would be l i m i t e d to neo-nazism and neo-fascism. Most States of A s i a and other parts of the world, i n p a r t i c u l a r h i s ovm country, had never experienced nazism or fascism, not even during the Second World War, although they had experienced other forms of extreme i d e o l o g i e s . Consequently, a r e s o l u t i o n r e f e r r i n g only to those tv>;o extreme i d e o l o g i e s would not .have the same- e f f e c t f o r many countries as a document d e a l i n g with a l l forms of extreme i d e o l o g i e s . 21. Mr. BYKOV (Union of Soviet S o c i a l i s t Republics) s a i d that the subject dealt with i n dra-ft r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L , 5 3 was of extreme importance, as could be seen from the a t t e n t i o n devoted to i t by the General Assembly and the Commission i t s e l f . The struggle з-gainst Nazi and F a s c i s t i d e o l o g i e s was a v i t a l p r a c t i c a l n e c e s s i t y . The sponsors of the amendments i n document E/CN.4/1982/L,69 should r e a l i z e that the sponsors of the d r a f t r e s o l u t i o n had accepted nearly s i x of the seven amendments proposed and that the d r a f t r e s o l u t i o n , as thus amended, would take due account of General Assembly r e s o l u t i o n s 35/200 and 36/162. The sponsors of the amendments should not press the remaining amendments. I f they d i d , h i s delegation vrauld have to vote against them. 22. Mr. WALKATE (Netherlands) s a i d that the Commission's mandate to discuss the item had been granted by the Economic and S o c i a l Council and the General Assembly. Therefore, to s i n g l e out one or tvro forms of t o t a l i t a r i a n i d e o l o g i e s represented a kind of i n s u b o r d i n a t i o n . He suggested that the m o d i f i c a t i o n proposed by the Byelorussian representative t o amendment 7 should reads "V/ith a view to the preparation of an i n t e r n a t i o n a l instrument p r o v i d i n g f o r the r i g h t of defence against a l l t o t a l i t a r i a n o r other i d e o l o g i e s and p r a c t i c e s , i n c l u d i n g N a z i , F a s c i s t and neo-Pascist, based on r a c i a l or ethnic exclusiveness or i n t o l e r a n c e , hatred, t e r r o r , systematic d e n i a l of human r i g h t s and fundamental freedoms, or which had such consequences", again u s i n g the language of General Assembly r e s o l u t i o n 36/162, which had, he repeated, been adopted vrithout a vote and had been based on Commission r e s o l u t i o n 3 (XXXVIl). The l a t t e r r e s o l u t i o n had i n turn been the r e s u l t of lengthy negotiations betvreen i n t e r e s t e d delegations. 23. I^Ir. OGURTSOV (Byelorussian Soviet S o c i a l i s t Republic) s a i d that the P h i l i p p i n e s was indeed fortunate i n not having had to experience a l l the horrors of the'extreme anti-human ideology of Nazism. H i s ovín delegation, representing a coiuntry that had f u l l y experienced those horrors, f e l t i t important to s i n g l e out the vrorst, most extreme of the t o t a l i t a r i a n i d e o l o g i e s , namely nazism and fascism, which had been the source of the b l o o d i e s t v-rar i n the tvrentieth century. The people-of h i s country vrere dedicated to the struggle to prevent the re-emergence of, or any support f o r , such i d e o l o g i e s . 24. V/ith regard to the points made by the representative of the Netherlands concerning the mandate granted by the General Assembly, he asked why the sponsors of the amendments i n s i s t e d on amending paragraph 5 of the d r a f t r e s o l u t i o n , which vras, a f t e r a l l , also part of the mandate of the General Assembly as l a i d down i n r e s o l u t i o n 56/162. The t i t l e of the item s p e c i f i e d i n the General Assembly r e s o l u t i o n r e f e r r e d to "measures" and the. d r a f t r e s o l u t i o n that he had introduced sought to give p r a c t i c a l implementation to that request. I t vras, of course, d i f f i c u l t to prepare an i n t e r n a t i o n a l instrument but vrork should begin as soon as p o s s i b l e , out of respect f o r the m i l l i o n s of past victims of Nazi and F a s c i s t ideologies. The United Nations had arisen from the struggle against nazism and
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page 8
fascism and the Commission could not refuse to prepare a docvmient against those s p e c i f i c and well-known i d e o l o g i e s . The notion of " t o t a l i t a r i a n " i d e o l o g i e s was, oh the other hand, amorphous5 the fe\i d e f i n i t i o n s a v a i l a b l e could Ъе found only i n Western w r i t i n g s , 25. Mr. MORENO-SALCEDO ( P h i l i p p i n e s ) thanked the representative of the Byelorussian S 3 R f o r hJ.s explana-tions and s a i d that he v/as f u l l y аг/аге of the s u f f e r i n g s of the Soviet people i n the Second V/orld V/ar, However, the present issue was to consider the p o s s i b i l i t y of drawing up an i n t e r n a t i o n a l l e g a l documentcondemning c e r t a i n t o t a l i t a r i a n i d e o l o g i e s . His own country had fortxmately not undergone the persecution of fascism- and nazism, but i t d i d have experience v/ith c e r t a i n extremist groups, A doctunent v;hich d i d not r e f e r to such groups, therefore, would be d i f f i c u l t f o r h i s delegation' to understand. He would be prepared t o vote f o r the d r a f t r e s o l u t i o n i f another l e g a l document could be prepared to cover d i f f e r e n t i d e o l o g i e s i n other• covintries. 26. ЗУЬг, BELL (Canada) said that h i s delegation had engaged i n lengthy consultations vrith other delegations about the present d r a f t r e s o l u t i o n and s i m i l a r t e x t s , but the r e s u l t s had not been wholly s a t i s f a c t o r y . He hoped that the Commission vrould not be forced to vote on a question v/hich tended to arouse intense feeling,' ^He had been impressed by the moving statements made by the representative of,the Byelorussian SSR both i n the Commission and i n the General Assembly, He vras only too vrell aware that 20 m i l l i o n of that representative's compatriots had been k i l l e d as a r e s u l t of an extreme ideology and he could f u l l y -understand the importance vrhich that representative attached to the d r a f t r e s o l u t i o n . I t v/a-s, therefore, very much t o be hoped that agreement could be reached vrithout a vote. The language of document E/CN.4/I982/L.69 had been vrorked out a year before, and he appealed to the sponsors of d r a f t r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L . 5 $ to adhere to that language as c l o s e l y as p o s s i b l e . 27. Mr. OG'DRTSOV (Byelorussian Soviet S o c i a l i s t Republic) thanked the representatives of the P h i l i p p i n e s and Canada,for t h e i r understanding of h i s delegation's a t t i t u d e , and suggested that the point r a i s e d by the P h i l i p p i n e representative might be met by adding some such phrase as "and other forms of t o t a l i t a r i a n i d e o l o g i e s and practices". He proposed that the Commission should accept the amendments he had agreed to i n doctiment s/CN.4/1982/1,69. I t should then ad.opt the d r a f t r e s o l u t i o n vrithout a vote, 28,. Mr, V/ALKATE (Netherlands) s a i d he found i t d i f f i c u l t to forgo a d e c i s i o n which had been taken without a vote by the General Assembly and endorsed by the Economic and S o c i a l C o u n c i l . He vras v r i l l i n g to accept the a d d i t i o n of a reference to the l e g a l instrument suggested by the representative of the Byelorussian SSR, provided that i t vras follovredc by the relevant text adopted by the General Assembly' and the C o u n c i l , 29, Mr. CALERO R0I)RIGÜ::Í]S ( B r a z i l ) s a i d that i n the present circumstances a decision taken vrithout a vote vrould not be meaningful and might even be harmful to the Commission's future vrork. He therefore proposed that the Commission should inform the General Assembly that, ovring to l a c k of time, i t had not completed i t s consideration of agenda item 22 and vrould do so at i t s next s e s s i o n .
E/CK.4/19C2/SE.60
page 5 30. Ilr. OGimTSOV (Byelorussian Soviet S o c i a l i s t Republic) said that i t had, been impossible to reach a consensus regarding the text of d r a f t , r e s o l u t i o n E/CII.4/1982/L.53 c h i e f l y on "account of the r e g r e t t a b l y unco-operative a t t i t u d e of tho lietherlands delegation. The sponsors, therefore,, were, foroed to request a vote on that d r a f t r e s o l u t i o n . 31. Ilr. II/IETIIIEZ (Argentina), supported by I'lr. BELL (Canada), proposed that the matter should be deferred u n t i l the Commission's t h i r t y - n i n t h session, since i t Vías h i g h l y d e s i r a b l e to achieve adoption by consensus of a document r e l a t i n g to such an important t o p i c . 32. Ыг. V/ALIÍATE (lletherlands) said that at'no time had h i s delegation been unvjilling to co-operate. Hovjever, i t had been approached i n regard to the text only h a l f an hour before. I t supported the proposal to defer consideration of the matter u n t i l the t h i r t y - n i n t h session. 33. I'lr. OGURTSOV (Byelorussian Soviet S o c i a l i s t Republic) said that the sponsors could agree to that course, on the understanding that the subject would appear as a matter of high p r i o r i t y on the agenda f o r the Commission's t h i r t y - n i n t h session. 34.
I t vas so decided.
MEASURES TO IMPROVE THE SITUATIOH A I ® EHSURE THE HDMAH RIGHTS AI© DIGNITY OF ALL MIGRANT WORICERS (agenda item 14) (continued) (E/CN,4/1932/L.58) I-b--. TAFFAR ( A l g e r i a ) , i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN. 4/1982/L. 38, said that h i s delegation was f u l l y s a t i s f i e d v/ith the progress made by the Uorking Group established by the General Assembly to- prepare an i n t e r n a t i o n a l convention on the p r o t e c t i o n of the r i g h t s of a l l migrant v/orkers and t h e i r f a m i l i e s . I t was convinced of the urgent need to adopt a comprehensive convention on that matter and, hoped that the GenejXil Assembly v/ould take the necessary measures. The d.raft r e s o l u t i o n was p u r e l y procedural i n nature and he hoped that the Commission, could adopt i t by consensus. 36. The CHAIRI'-ItlN announced that the delegation of the Federal Republic of Germany had requested a vote on that d r a f t r e s o l u t i o n . 37. I-Ir. JOHNSON (United States of America) said that h i s delegation \/ould a b s t a i n i n the vote on the d r a f t r e s o l u t i o n since, i n spite of the progress made by the Working Group, i t v/as convinced that ILO v/as the appropriate forum f o r d r a f t i n g a new i n t e r n a t i o n a l instrument on the matter. I f that instrument v/as prepared.outside ILO, i t would not have the b e n e f i t of the great experience of ILO experts and ILO's d e t a i l e d r e p o r t i n g system. 38. Mr. WALMTE (Netherlands) said that i f the d r a f t r e s o l u t i o n v/as put to the vote, h i s delegation v/ould have to a b s t a i n since i t -/as not convinced that there v/as an urgent need to adopt a convention on that subject v/ithin the framework of the General Assembly. In view of the great v a r i e t y of migrant problems a l l over the v/orld, there v/ere other forums v/hich v/ere much b e t t e r equipped to dra.ft a useful convention.
E/CÏÏ.4/1982/SR.60
page 1 0
39'
The СЫА1ШШ1 i n v i t e d the Согш1ез1оп to vote on d r a f t r e s o l u t i o n E/CÍÍ.4/19G2/LOÍ:
40.
At the request of the repi-esentative of Cuba, the vote v;as taken by
41•
Japan, having been drawn by l o t by the Chairman, was
roll-call.
c a l l e d upon to vote
first.
In favour;
A l g e r i a , Argentina, Australie., B r a z i l , B u l g a r i a , Byelorussian Soviet S o c i a l i s t pLepublic, Canada, Chin-i, Costa R i c a , Cuba, Cyprus, Denmark, E t h i o p i a , F i j i , France, Gh¿ina;, Greece, I n d i a , I t a l y , Japan, Jordan, Ilexico, P a k i s t a n , Panama, Peru, Phil.ippines, Poland, R\;anda, Senegal, Syr.ian Arab Republic, Togo, Uganda, Union of. Soviet S o c i a l i s t Republics, United Kingdom of Great B r i t a i n and Northern Ireland-, Uruguay, Yugoslavia, Zeiire, Zambia, Z.inbabwe.
Against;
None.
Abstaining;
Germany, Federal Republic of, Netherlands, United States ofAmerica.
42. D r a f t r e s o l u t i o n E/CN.4/19C2/L. 3S v/as adopted by 39 votes to none, with 3 abstentions. THE ROLE OF YOUTH Ш THE PROMOTION AlO PROTECTION OF HUMAN RIGIPTS, n^ICLUDING THE QUESTION OF CONSCIENTIOUS OBJECTION TO MILITARY- SERVICE (agenda item 1?) (continued) (E/CN.4/19S2/L.54) 4 3 ' Mr. OGURTSOV (Byelorussian Soviet S o c i a l i s t R e p u b l i c ) , introducing d r a f t r e s o l u t i o n E/CN.4/1982/1..54, said that the language of the d r a f t r e s o l u t i o n was c l e a r and e a s i l y understandable and should cause no d i f f i c u l t i e s . He hoped, therefore, that i t could be adopted by consensus, 44. Viscount COLVILLE OF CUTROSS (United Kingdom) said -that h i s delegation could agree to the di-aft r e s o l u t i o n subject to the follob-ing amendments, which he read out. 45» In the second, preambular paragraph, the follo\;.ing words should be inserted a f t e r the v;ords " c a l l e d upon to promote"; "universal respect f o r , and observance of, human r i g h t s and fundamental freedoms f o r a l l " . 46. The f i f t h preambular paragraph should be replaced by the follo\;ing; "Considering that States should take a c t i o n f o r the r e a l i z a t i o n by youth of a l l t h e i r human r i g h t s and fundamental freedoms, includiing the r i g h t to education and the r i g h t to v;ork, so that young people may r e a l l y p l a y an a c t i v e r o l e i n the p o l i t i c a l , economic and s o c i a l development of t h e i r country". 47* In the seventh preambular paragraph, the f i n a l clause should be amended to read; " f o r securing f o r youth a l l of t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g the r i g h t to education and the r i g h t to work".
E/CN.4/19Û2/SR.60 page 11
4Q. In o p e r a t i v e paragraph 1, the word " p o l i t i c a l " should be i n s e r t e d before the words "economic and s o c i a l development" i n the second l i n e and before the words " s o c i a l and economic development" i n t h e t h i r d l i n e . In the penultimate l i n e o f t h e same paragraph, the words " e x e r c i s e o f human r i g h t s and fu:,da.nental freedoms and o f " should be i n s e r t e d before the words "the r i g h t o f p e o p l e s " . 49. In o p e r a t i v e paragraph 2 , t h e viords "the e x e r c i s e o f the r i g h t s o f youth t o e d u c a t i o n and work" should be r e p l a c e d by t h e words "the e x e r c i s e by.youth o f a l l t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g t h e r i g h t t o e d u c a t i o n and work". 50. In o p e r a t i v e paragraph 4 , t h e v7ords "the e x e r c i s e o f the r i g h t s o f youth t o e d u c a t i o n and t o work" should be r e p l a c e d by the words "the e x e r c i s e by youth o f a l l o f o f t h e i r human r i g h t s and fundamental freedoms, i n c l u d i n g the r i g h t t o e d u c a t i o n and t o v;ork". 51. Mr. OGURTSOV ( B y e l o r u s s i a n S o v i e t S o c i a l i s t R e p u b l i c ) s a i d t h a t he had no o b j e c t i o n t o those amendments. 52. Mr. ALVAREZ VITA (Peru) p o i n t e d out t h a t the word " e d u c a t i o n " i n t h e f i f t h preambular paragraph and i n o p e r a t i v e paragraphs 2 and 4 had been t r a n s l a t e d i n the Spanish t e x t as "enseñanza", vrhich meant " t e a c h i n g " r a t h e r than " e d u c a t i o n " . 55. The CHAIRMAN s a i d t h a t t h e word " e d u c a t i o n " was the c o r r e c t term i n t h e E n g l i s h text. 54. Mr. BOND ( U n i t e d S t a t e s o f America) s a i d he vras prepared t o agree t o the d r a f t r e s o l u t i o n without a v o t e . Hovrever, h i s acceptance o f a consensus i n no way m o d i f i e d h i s d e l e g a t i o n ' s p o s i t i o n t h a t t h e e x e r c i s e o f f u l l s o v e r e i g n t y over n a t u r a l v/ealth and r e s o u r c e s , r e f e r r e d t o i n o p e r a t i v e paragraph 1, should be c o n s i s t e n t w i t h t h e r e c o g n i z e d standards o f i n t e r n a t i o n a l law. 55. Mr. LAMG ( F e d e r a l R e p u b l i c o f Germany) and V i s c o u n t COL\fILLË OF CULROSS (United Kingdom) supported the view expressed by the U n i t e d S t a t e s r e p r e s e n t a t i v e . 56.
D r a f t r e s o l u t i o n E/CM.4/1982/L.54 was adopted without
a vote.
ADVISORY SERVICES IN THE FIELD OF HUMAN RIGHTS (agenda item 23) (E/CN.4/1982/L.48)
(continued)
57. Mr. PACE ( S e c r e t a r y o f the Commission) announced t h a t B u l g a r i a , Ghana and Poland had j o i n e d t h e sponsors o f d r a f t r e s o l u t i o n E / C N . 4 / I 9 8 2 / L . 4 8 on a s s i s t a n c e to Uganda. 58. Mr. OTUNNU (Uganda), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN.4/1982/L.48, s a i d t h a t i t vras a follow-up t o Commission r e s o l u t i o n ЗО (XXXVIl). His country was s t i l l s u f f e r i n g from the enormous economic, s o c i a l and p o l i t i c a l problems i n h e r i t e d from a decade o f F a s c i s t d i c t a t o r s h i p . The r e c e n t l y e l e c t e d Government had dravm up a comprehensive r e c o n s t r u c t i o n programme and t h e r e were a fevr areas i n t h e f i e l d o f human r i g h t s , l i s t e d i n o p e r a t i v e paragraph 1, where t h e Commission c o u l d make a c o n t r i b u t i o n as a g e s t u r e o f i t s concern. 59.
D r a f t r e s o l u t i o n E/CM.4/1982/L.48 vras adopted without
a vote.
E/CN. 4/1982/su,бО page 12
EÜETHER EROMOTION AND ЕНС0ШАСЕ14Е1И OF ШЛ-'IAN RIGHTS AND FulïDAj^IENTAL ЕНЕЕВШЗ, INCLUDING THE-QUESTION OF A PROGRAMME Alffl METHODS OP'v/ORX QE' THE GOMîîïSSION; ALTERNATIVE APPROACHES AW WAYS AííDiíEAÑSЖ Т Н Ш THE míITED IJATIONS SYSTEM FOR BiPROVING;:THE-EFFECTIVE SNJOYî-'IEîTT OF ШШ_ RIGHTS AND FbT.-IDAííEiíTü.L FREEDOMS (agenda item l l ) (continued)-(B/CN.4/1982/L.36, L.39, L . 4 4 and L.59) 60. Mr. .RAI'JGACHÁRI ( i n d i a ) , speaking as Chairnan-Rapporteur of the V/orking Group e s t a h l i s h e d under Coitoission r e s o l u t i o n 23 (X}ECVIl), introduced i t s report (E/CI.4/1982/L.39). I n the l i m i t e d tine a t i t s d i s p o s a l , the V/orking Group had concentrated i t s d i s c u s s i o n on the Coixiission's methods c f work. The areas of agreement were embodied i n the d r a f t resolt;tion proposed i n paragraph 18 of the r e p o r t . - As a r e s u l t of f u r t h e r c o n s u l t a t i o n s , he wished to make .sor.ae aiuendiaents to the t e x t . I n operative x^aragraph 5> second l i n e , the words "and methods'.' should, be added a f t e r the words ' " i t s prograiiine". The end of that paragraph should be replaced by the t e x t suggested by tho Danish delegation, which was set out i n paragraph 18 (d) of the report. I n operative paragraph 6, f i r s t l i n e , the phrase, "when considering i t s organization of work" should be added a f t e r thië.words " t h i r t y - n i n t h session". A t the end of operative paragraph 6, the phrase "taking i n t o account the work being undertaken i n iniplenentation of i t s r e s o l u t i o n 22/1982" should' be added. 61.
The C o m i s s i o n
took note of the report of the V/orking Group (В/СН. 4/1982/L. 39) •
62. The CoamissiOn adopted the d r a f t r e s o l u t i o n proposed i n paragraph 18 of that report, as amended, without a vote. 63. Mr. FLOOD (united States of Atierica), speaking i n explanation of vote, s a i d , t h a t - h i s delegation had agreed to the adoption, of the d r a f t r e s o l u t i o n without a vote i n a'sï)irit of consensus and because i t agreed with mi; ch of .the d r a f t r e s o l u t i o n ' s content, ' With regard to paragraph ,5 of the t e x t , however,, h i s delegation stressed that there was no change i n i t s long-standing p o s i t i o n w i t h regard to c e r t a i n aspects of General Assembly r e s o l u t i o n 3 2 / l 3 0 ' IP 'there had been a vote on the d r a f t r e s o l u t i o n , -his delegation would have abstained, 64. The CHAIRMAN drew a t t e n t i o n to doc-onent E/CN.4/1982/L..44 s e t t i n g f o r t h the f i n a n c i a l i m p l i c a t i o n s of d r a f t r e s o l u t i o n E/CN.4/1982/L.36Ï 65. Mr. WALKATE (Netherlands), i n t r o d u c i n g d r a f t r e s o l u t i o n E/CN.4/1982/L.36, said that i t would provide the l e g a l a u t h o r i z a t i o n f o r the S e c r e t a r i a t to d i s t r i b u t e , i n as many languages and forms as p o s s i b l e , the. United Nations D e c l a r a t i o n on the E l i m i n a t i o n of A l l Forms of Intolerance and ..of Discrimination. Based on R e l i g i o n or Belief: • • 66.
D r a f t r e s o l u t i o n E/CH.4/1982/L.36 was adopted without a vote.
67. The СНА.ШШГpointed out that i n d r a f t r e s o l u t i o n E/CN.4/1982/L. 59, operative paragraphs 2 and 7, the word " t h i r t y - e i g h t h " should be replaced by " t h i r t y - n i n t h " . . 68.
D r a f t r e s o l u t i o n E/CN.4/1982/L.59 was .adopted without a vote.
E/CN.4/1982/SR.60
page 13
RIGHTS OF PERSONS BELONGING TO NATIONAL, ETHNIC, RELIGIOUS ANB LINGUISTIC MINORITIES (agenda item 2 l ) (continued){E/CN.4/1982/L.42 and L . 6 2 ) V
.
. .
•
69. Mr. TOSEVSKI (Yugoslavia), speaking as Chairman-Rapporteur of the informal Working Group set up to consider the d r a f t i n g of a d e c l a r a t i o n on the r i g h t s of'persons belonging to n a t i o n a l , ethnic, r e l i g i o u s and l i n g u i s t i c m i n o r i t i e s , introduced i t s report (E/CN.4/1982/L-.42) . The Working Group had continued i t s f i r s t reading of the d r a f t d e c l a r a t i o n and had approved the preambular p a r t . I t had also continued i t s consideration of a r t i c l e 1. He proposed that the Commission should adopt draft r e s o l u t i o n E/CN.4/1982/L.62 a u t h o r i z i n g the Working Group to continue i t s work at the Commission's next session. 70.
The Commission took note of the report of the Working Group ( E / C N . 4 / 1 9 8 2 / L . 4 2 ) .
71.
The Commission adopted.draft. resolution.E/CN.4/1962/L.6¿-..without a. vote. -
QUESTION OF A CONVENTION ON THE RIGHTS OF THE CHILD (agenda item I 3 ) (continued). (E/CN.4/1982/L.35, L . 4 I and L , 4 7 )
72. Ш. LOPATKA (Poland), speaking as Chairman-Rapporteur of the Working Group on a d r a f t convention on the r i g h t s of the c h i l d , introduced i t s report (E/CN.4/1982/L.4I). He thanked the p a r t i c i p a n t s and the S e c r e t a r i a t f o r t h e i r co-operation. T-urning to d r a f t r e s o l u t i o n E / C N . 4 / 1 9 8 2 / L . 5 5 , he announced that A u s t r a l i a and Cuba had j o i n e d the sponsors. The d r a f t r e s o l u t i o n was a procedural r e s o l u t i o n which would enable the Economic and S o c i a l Council to authorize the Commission t o continue to give p r i o r i t y t o the work on the d r a f t convention, i n accordance with General Assembly r e s o l u t i o n 56/57» 73. The CHAIRMAN annoimced that Greece had j o i n e d the sponsors of the d r a f t r e s o l u t i o n and drew a t t e n t i o n to the statement of i t s f i n a n c i a l i m p l i c a t i o n s contained i n document E / C N . 4 / 1 9 8 2 / L . 4 7 .
74. Mr. JOHNSON (United States of America) commended the S e c r e t a r i a t f o r the d r a f t i n g of the report, which r e f l e c t e d lengthy and complicated d i s c u s s i o n s . I t would represent a c o n t r i b u t i o n to the l e g i s l a t i v e h i s t o r y of the convention. 75. Mrs. HERRAN (Observer f o r Colombia) associated h e r s e l f with the comments of the United States representative and announced that her delegation wished to become a., sponsor of the d r a f t r e s o l u t i o n . 76.
The Commission took note of the report of the Working Group
(E/CN.4/1982/L.41)•
77.
The Commission adopted d r a f t r e s o l u t i o n E/CN.4/1982/L.35 without a vote.
QUESTION OF HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR; (a)
TORTURE АШ)'OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (agenda item lO) (continued) ( E / C N . 4 / 1 9 8 2 / L . 2 9 , L . 4 0 , L . 5 2 and L . 6 5 )
78. The CHAIRMAN, i n the absence of the Chairman-Rapporteur of the Working Group on a d r a f t convention against t o r t u r e and other c r u e l , inhuman or degrading treatment or pxmishment, i n v i t e d the Commission to take note of i t s report ( E / C N . 4 / 1 9 8 2 / L . 4 0 ) • 79.
The Commission took note of the report of the Working Group
(E/CN.4/1982/L.40).
E/CN.4/1982/SR.60
page 1 4
80. The CHAIRMAF drew a t t e n t i o n t c document E/CF,4/1982/L.63 s e t t i n g f o r t h the f i n a n c i a l i m p l i c a t i o n s of draft r e s o l u t i o n Ê/CII.4/1982/L.52V" 81. Mr. Б У Е Ы Ж Р (Denmark), introducing d r a f t r e s o l u t i o n s : E / C F . 4 / 1 9 8 2 / L . 2 9 and L . 5 2 , s a i d that-the former c a l l e d on .Governments to contribute to the united Nations Voluntary Fund f o r Victims of Tortxure. Draft r e s o l u t i o n Е/СЯ.4/1982Д. 52 was a r e s o l u t i o n which would enable the Economic and S o c i a l Council to authorize the Working Group to complete i t s work on the draft convention. . 82. Mr. WALKATE (Netherlands) suggested t h a t , as a p r a c t i c a l gesture, a l l members of the Commission should make a c o n t r i b u t i o n to the Fund. His own Government had contributed 125,_O00 g u i l d e r s . 85.
Draft r e s o l u t i o n s E/CN.4/1982/L.29 and L.52 were adopted without a vote.
8 4 . The CHAIRMAN thanked the Working Groups and t h e i r respective Chairmen-Happorteurs f o r the s a t i s f a c t o r y r e s u l t s of t h e i r work. THE EIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS APPLICATION TO PEOPLES fflDER COLONIAL OR ALIEN DOMINATION OR FOREIGN OCCbTATION (agenda item 9) (coritinued) ' (E/CN.4/1982/L.21, L.-50, L.32
and
L.54)
8 5 . Ms. WELLS ( A u s t r a l i a ) s a i d that there had been extensive consultations on the text of draft r e s o l u t i o n E/CN.4/1982/L.21 and a great deal of i n t e r e s t expressed i n i t , as r e f l e c t e d i n the amendments contained i n documents E / C N . 4 / 1 9 8 2 / L , 5 0 , L . 3 2 and L.34» Unfortunately, there had been i n s u f f i c i e n t time to take account o f - a l l . t h e views expressed and to reach a consensus concerning the t e x t . The main point was that some delegations wished to widen the scope of the t o p i c , b e l i e v i n g that .conpideratiqn should not be r e s t r i c t e d to the aspects discussed i n the General Assembly"but' 'should be extended t o cover a l l peoples and a l l s i t u a t i o n s . The .sponsors of d r a f t r e s o l u t i o n E/CN.4/1982/L.21 hoped that a large measure of agreement on the matter could; be reached i n the f u t u r e . For the time being, they wished to with,draw the text of the d r a f t r e s o l u t i o n ; the amendments would l i k e w i s e be withdrawn. ORGANIZATION OF THE FUTURE WORK OF THE CO№IISSION 86. The CHAIRMAN reminded -the Commission that i n closed meeting i t had already decided to set up, subject to the approval of the Economic and S o c i a l Council, a working group c o n s i s t i n g of f i v e members to meet one week p r i o r to the Commission's t h i r t y - n i n t h session i n order to consider any s i t u a t i o n s r e f e r r e d to i t by the Sub-Commission on ^ Prevention ••ôT'Ш'scfimináîion''and P r o t e c t i o n of Míhó'fitíes'at i t s t h i r t y - f i f t h session and to consider any outstanding matters which the Commission had decided t o keep under review. "'He i n v i t e d thé Commission t'o décide whether to request'the Council to authorize three a d d i t i o n a l hours a day of meeting s e r v i c e s • f o r the Commission at i t s t h i r t y - n i n t h session. 87. Mr. HYAMEKYE (Deputy D i r e c t o r , D i v i s i o n of Human R i g h t s ) , announcing the programme budget i m p l i c a t i o n s under r u l e 2.8 of the r u l e s of procedure, s a i d that the cost of the •proposed meeting services would amount to approximately"$US 300,000 f o r 1983.
E/CF.4/1982/SR.60
page 15
8 8 . №?. RAJTGACHARI (India) s a i d h i s delegation feared that the considerable a d d i t i o n a l expenditure would lead only to f u r t h e r very l a t e meetings and to a lack of time f o r delegations to study the documentation properly and prepare t h e i r statements. The a d d i t i o n a l hours involved would amount to the equivalent of two f u r t h e r weeks of work f o r the Commission. I t would s-urely be b e t t e r , therefore, to extend future sessions by two weeks rather than meet f o r so many hours each day as at present. A wiser course altogether might be simply to impose a t i m e - l i m i t on statements. He proposed that no d e c i s i o n on the matter should be taken at the current session. 89.
I t was so agreed. The meeting rose at 6.25 p.m.
