During this 59th session, the Commission on Human Rights adopted 86 resolutions, 18 decisions and three Chairperson’s statements. In this part of the report, these resolutions and decisions are briefly presented. Where useful the major changes in comparison with the texts of last year are outlined.
The analysis of the texts adopted confirms the general trends of the previous sessions of the Commission : the thematic documents adopted by consensus increase in volume to include the (sometimes conflicting) views of all the parties; human rights language becomes weaker; to obtain a resolution on a country the compromises are so numerous that the texts sometimes make abstraction of the reality (Iraq, Afghanistan, Colombia, Timor, Chad, e.g.); states reaffirm their authority with all king of wording emphasizing domestic legislation and national sovereignty. Simultaneously, there is an increase in language regarding the phrases “good governance” and “economic development” and in mention of the Millennium Declaration (see, e.g., 2003/21; 2003/27; 2003/28; 2003/44; 2003/48; 2003/51), and a decrease in specific requests in resolutions for the Special Rapporteur to pay attention to gender perspectives and in specific critiques of globalization.
Stated purpose: The Commission urges “the two parties to continue their cooperation with the Secretary-General and his Personal Envoy with a view to reaching a mutually acceptable political solution to this dispute.” (OP 4) As last year, this resolution was adopted without a vote.
New elements/changes: In PP 15 and OP 8, the Commission added language to the search for a mutually acceptable political solution that “will provide for the self-determination for the people of the Western Sahara.” The Commission added OP 7 which reads: “Notes the fundamental differences between the parties in implementing the main provisions of the settlement plan.” And OP 11 specifically calls upon the parties to cooperate with the Red Cross in regard to persons who are unaccounted.
The Commission urges “all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries . . . .” (OP 4.) Adopted by a recorded vote of 37 votes to 9, with 7 abstentions (last year adopted by a recorded vote of 36 votes to 8, with 9 abstentions).
New elements/changes:The Commission urges “the two parties to continue their cooperation with the The Commission urges “the two parties to continue their cooperation with the New elements/changes: The Commission added a new paragraph, OP 5: “Requests all States to exercise the utmost vigilance against any kind of recruitment, training, hiring or financing of mercenaries by private companies offering international military consultancy and security services, as well as to impose a specific ban on such companies’ intervening in armed conflicts or actions to destabilize constitutional regimes.”
The Commission reaffirms “the inalienable, permanent and unqualified right of the Palestinian people to self-determination . . . .” (OP 1.) Adopted by a recorded vote of 51 votes to 1, with 1 abstention (last year adopted by a recorded vote of 52 votes to 1).
New elements/changes: The Commission deleted PP 8 from the 2002 resolution, which welcomed the Arab peace initiative based on the proposals of Crown Prince Abdullah of Saudi Arabia.
The Commission encourages “States, within their respective constitutional systems, to provide adequate protection against all human rights violations resulting from defamation of religions and to take all possible measures to promote tolerance and respect for all religions and their value systems.” (OP 10.) Adopted by a recorded vote of 32 votes to 14, with 7 abstentions (last year adopted by a recorded vote of 30 votes to 15, with 8 abstentions).
New elements/changes: In PP 4, the Commission stated it was “Convinced that religious and cultural diversity in the globalizing world needs to be used as a vehicle for complementary creativity and dynamism and not as a rationale for a new ideological and political confrontation.” In OP 2, it expressed “deep concern” at “manifestations of intolerance and discrimination in matters of religion or belief still in evidence in some regions of the world.” The Commission, in OP 8, urged “all States to ensure that all public officials, including members of law enforcement bodies, the military, civil servants and educators, in the course of their official duties respect different religions and beliefs and do not discriminate on the grounds of religion or belief, and that necessary and appropriate education or training is provided.”
The Commission calls upon “Israel, the occupying Power, to comply with the relevant resolutions of the General Assembly and of the Security Council . . .(and reiterates) that the Israeli decision to impose its laws, jurisdiction, and administration on the Occupied Syrian Golan is null and void and without international legal effect . . . .” (OP 1.) Adopted by a recorded vote of 31 to 1, with 21 abstentions (last year adopted by a recorded vote of 34 votes to 1, with 18 abstentions). (no significant changes with last year’s text).
The Commission strongly condemns “once more the violations by the Israeli occupation authorities of human rights in the occupied Palestinian territory, including East Jerusalem.” (OP 2.) Adopted by a recorded vote of 33 votes to 5, with 15 abstentions (last year adopted by a recorded vote of 40 votes to 5, with 7 abstentions).
New elements/changes: The Commission deleted PP 10 and OP 23 of the 2002 resolution, which recalled and welcomed the report of the UN High Commissioner, and also OP 12 which condemned the refusal of the Israeli army to allow the burial of dead Palestinians. In the 2003 resolution, at PP 10, the Commission welcomed the reports of the Special Rapporteurs on adequate housing, and on the right to food. In addition, the Commission noted, in PP 13, a total of 2,200 killed (up from 1,200) and, in OP 15, that 30,000 Palestinian houses, facilities, and properties have been destroyed by the Israeli occupying forces (up from 1,200 houses in the 2002 resolution).
The Commission urges the parties, among other things, to adopt the “road map” without modifications (OP 4) and for Israel to “reverse its settlement policy in the Occupied Territories.” (OP 3.) Adopted by a recorded vote of 50 votes to 1, with 2 abstentions (last year adopted by a recorded vote of 52 votes to 1).
New elements/changes: The Commission added PP 4, expressing deep concern that “continuing Israeli settlement activity undermines the realization of a two-State solution to the conflict, and therefore threatens the long-term security of Palestinians as well as Israelis”. The Commission also expressed grave concern at the extensive curfews imposed on the West Bank cities (OP 2(d)); the extremely precarious humanitarian situation for the civilian population that has “a negative impact on the enjoyment of economic and social rights in the Palestinian territories” (OP 2(d)); and the construction of the so-called security fence (OP 2(e)). The Commission urged Israel to reverse its settlement policy for a “first step towards . . . dismantlement” of the settlements (OP 3(b)) and to stop construction of the so-called security fence (OP 3(b)). In OP 4, the Commission urged “the parties to cooperate in the early and unconditional implementation, without modifications, of the road map endorsed by the Quartet . . . .”
Calls upon Israel “to refrain from holding the detained Lebanese citizens incarcerated in its prisons as hostages for bargaining purposes and to release them immediately” (OP 2) and to submit to the UN Interim Force in Lebanon all the maps of landmine fields. (OP 4.) Adopted by a recorded vote of 32 votes to 1, with 20 abstentions (last year adopted by a recorded vote of 34 votes to 2, with 17 abstentions).
The Commission urges Governments to refrain from all acts of intimidation against private individuals and groups who seek to cooperate with the UN and Representatives of its human rights bodies (OP 1). Adopted without a vote (as last year).
New elements/changes: The Commission merged OP 2 and OP 3 from the 2002 resolution into OP 3, and added OP 2 (which mirrors PP 1) which condemns “all acts of intimidation or reprisal by Governments against private individuals and groups who seek to cooperate with the United Nations and representatives of human rights bodies.”
The Commission expresses deep concern “about reports of systemic, widespread and grave violations of human rights in the Democratic People’s Republic of Korea” (OP 1). It calls upon the government to respond to these concerns “by implementing the recommendations of the Committee on the Rights of the Child and the Human Rights Committee” (OP 2,c), and “by cooperating with the United Nations system in the field of human rights and cooperating without restriction with the thematic procedures of the Commission” (OP 2,e). It requests the High Commissioner “to engage in a comprehensive dialogue … with a view to establishing technical cooperation programmes” (OP 6). Adopted by a recorded vote of 28 votes to 10, with 14 abstentions. This is a new resolution.
The Commission calls upon the Government of Turkmenistan to ensure full respect for all human rights and fundamental freedoms, and expresses grave concern at, deplores, and catalogues abuses by the Turkmen authorities. (See generally OP 3-5.). It calls upon the government “to cooperate fully with all the mechanisms of the Commission … including by issuing invitations to visit the country” (OP 5,h). Adopted by a recorded vote of 23 votes to 16, with 14 abstentions. New resolution.
The Commission expresses grave concern at “the ongoing systematic violation of human rights, including civil, political, economic, social and cultural rights, of the people of Myanmar” (OP 3,a). It renews the mandate of the Special Rapporteur OP 6,a). Adopted without a vote (as last year).
New elements/changes: There was a substantial reorganization of this resolution and, in general, a trend toward consolidation and therefore weakening of the language. (See OP 3(c) which is a merger of OP 5(a)-(h) in the 2002 resolution.) Most noticeably, the Commission de-emphasized the rights of women by deleting references to the Convention on the Elimination of All Forms of Discrimination against Women (e.g., 2002 OP 7(f)-(g)) and language that the Rapporteur “keep a gender perspective in mind” in 2002 OP 8(a). However, there was an increased emphasis on the rights of children, especially in armed conflict (e.g., PP 5).
The Commission recognized that good governance leads to economic growth (PP 9) and welcomed: “the freedom of movement within the country enjoyed by the leader of the National League for Democracy, Aung San Suu Kyi” (OP 1(a)); the visit by Amnesty International (OP 1(g)); and the awareness by the Government of the need to combat the production of opium (OP 1(i)).
The Commission expressed concern that the fact-finding by the Special Rapporteur was curtailed (OP 1(e)) and that the Government refused to enter into a genuine dialogue with democratic leaders (OP 3(b)). The Commission calls upon Myanmar to establish a national human rights commission following the Paris Principles (OP 4(h)). The Commission strongly urges Myanmar to restore democracy and respect the results of the 1990 elections (OP 5(a)); to cooperate with the Commission to facilitate an independent international investigation of continuing reports of sexual violence and other abuse of civilians carried out by members of the armed forces (OP 5(c)); and to put an immediate end to the recruitment and use of child soldiers (OP 5(e)).
In this short (procedural resolution, the Commission urges the Government of Cuba “to receive Ms. Christine Chanet, the Personal Representative of the United Nations High Commissioner for Human Rights.” (OP 2). Adopted by a recorded vote of 24 votes to 20, with 9 abstentions (last year adopted by a recorded vote of 23 votes to 21, with 9 abstentions).
New elements/changes: This resolution was completely rewritten and contains all new paragraphs. Several amendments were rejected and the Commission did not preserve references to the Inter-American Democratic Charter and other regional instruments (2002 PP 3); Universal Declaration of Human Rights (2002 OP 1); the International Covenant on Civil and Political Rights (2002 OP 2); and the International Covenant on Economic, Social and Cultural Rights (2002 OP 2).
In this first resolution adopted on Belarus, the Commission expressed deep concern that senior government officials have been implicated in the forced disappearance and/or summary execution of three political opponents and a journalist; about reports of arbitrary arrest and detention; at the harassment of NGOs, opposition political parties, and independent media; and about reports of potential increased restrictions on the activities of religious organizations (OP 1,a-d). The government is urged “to establish the independence of the judiciary and end impunity” (OP 2,d), and to “cooperate fully with all the mechanisms of the Commission … including through extending invitation to the special procedures”. Several thematic mechanisms are explicitly mentioned (OP 3). Adopted by a recorded vote of 23 votes to 14, with 16 abstentions.
The Commission urges “all parties to the conflict in the Democratic Republic of the Congo to protect human rights and to respect international humanitarian law” (OP 4,c). The mandate of the Special Rapporteur is renewed. Adopted without a vote (as last year).
New elements/changes: There was a substantial reorganization of this resolution. There was a strengthening of language regarding impunity and calls to bring those responsible for human rights violations to justice (see, e.g., OP 1(f), 3(c), 3(h), 4(c), 4(g), 5(c), 6). Also, there was a new section “condemning” many violations of human rights in Congo (see OP 3); new language regarding the transitional government and constitution (see OP 1(g), 4(b), 4(h), 5(a), 6); the naming of the rebel forces (OP 2(c), OP 3(b), OP 3(c)); the Peace Agreements signed at Pretoria (OP 1(a), 5(a)), and language pointing out that Congo is a party to the Rome Statute of the International Criminal Court (OP 3,h). There was a deletion of language concerning the phrase “fundamental freedoms” (2002 OP 4(a)) and of references to violations of enumerated fundamental freedoms (see, e.g., 2002 OP 1(h), 2(e), 2(f), 4(a), and 4(e); foreign occupation forces and emphasis on Rwanda and Uganda in certain circumstances (see 2002 OP 2(b)(x), 2(c)); the necessary involvement of the international community (see, e.g. OP 6(e)); and for the Special Rapporteur to continue to keep a gender perspective in mind (2002 OP 6(a)).
The Commission supports the efforts of the transitional government in implementing the Arusha agreement (OP 2), demonstrates concern at the ongoing violence (OP 5), and encourages the transitional government to continue its actions aimed at associating all sectors of society in the work of national reconciliation and at the restoration of institutional order (OP 3). Adopted without a vote (as last year).
New elements/changes: There were few changes to this resolution. New language welcomed “the recent signing of a memorandum of understanding . . . and the signing of a cease-fire agreement” (PP 9); the hailing of “the initial implementation of some ceasefire-accompanying measures, such as the arrival of the team of observers” (PP 11); and “the establishment of a national commission for the rehabilitation of persons affected by the war” (OP 10). The mandate of the Special Rapporteur was extended for another year (with “gender-specific dimension” language retained) (OP 31).
The Commission urges “all States to refrain from adopting or implementing unilateral measures not in accordance with international law and the Charter of the United Nations” (OP 1). Adopted by a recorded vote of 36 votes to 14, with 2 abstentions (last year adopted by a recorded vote of 38 votes to 6, with 9 abstentions).
New elements/changes: There were few changes to this resolution. New language recalled “article 1, paragraph 2, common to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights” and rejected “all attempts to introduce unilateral coercive measures, including through the enactments of laws with extraterritorial application”.
The Commission calls upon all States to “give full effect to economic, social and cultural rights” (OP 7,a). Adopted without a vote (same as last year).
New elements/changes: There were few substantive changes to this resolution. The Commission noted with interest the contributions of the Committee on Economic, Social and Cultural Rights to the World Food Summit and to the World Summit on Sustainable Development (OP 3(a)(v)) and welcomed the efforts of NGOs in raising awareness (OP 5). As decided last year the Commission created a new working group “with a view to considering options regarding the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights” (OP 12), and gave detailed instructions to the new working group (OP 13-16).
The Commission urges all States to “give full effect to the right to education and to guarantee that this right is recognized and exercised without discrimination of any kind” (OP 6,a). Adopted without a vote (as last year).
New elements/changes: The Commission noted the outcome document of the Special Assembly on children, “A world fit for children” (PP 8); affirmed that “good governance and the rule of law will assist all States to promote and protect human rights, including the right to education” (PP 11); and welcomed the establishment of a joint expert group of UN organizations (OP 5). They urged all States to consider undertaking/supporting studies on best practices and on gender disparities in education (OP 6,n-o).
The Commission urges all Governments to take appropriate legislative and other measures to prevent the illegal international trafficking in toxic and hazardous products and wastes, their transfer, and the transfer of polluting industries, industrial activities, and technologies from developed to developing countries (OP 5). Adopted by a recorded vote of 38 votes to 13, with 2 abstentions (last year adopted by a recorded vote of 37 votes to 14, with 2 abstentions).
New elements/changes: There were no significant changes. The Commission expressed its appreciation to the Governments of the United States and Canada for the cooperation extended to the Special Rapporteur during her visits to those countries (OP 2.)
The Commission calls upon the international community to take appropriate measures for the implementation of agreements and decisions of the major UN conferences relating to the question of the external debt problem of developing countries and in this regard stressed the need: to implement the Heavily Indebted Poor Countries Initiative and to explore innovative mechanisms to comprehensively address the debt problems of developing, least-developed, and economy-in-transition countries (OP 7, new language). It renewed the mandate of the independent expert (OP-12). Adopted by a recorded vote of 29 votes to 14, with 10 abstentions (last year adopted by a recorded vote of 29 votes to 15, with 9 abstentions).
New elements/changes: There were substantial structural changes, additions, and deletions to this resolution. The Commission acknowledged that debt indicators for the developing countries showed a “slight improvement in 2001” (OP 3) and that a number of creditor countries are offering debt relief on a bilateral basis (OP 4). The Commission deleted language stressing that the “benefits of globalization are very unevenly shared while its costs are unevenly distributed” (2002 PP 6); that debt reductions schemes and measures (official and private) have not resulted in a solution for a large number of developing countries (2002 PP 8-9); that “the permanent solution to the foreign debt problem lies in the establishment of a just and equitable international economic order” (2002 OP 7); and regarding the need for transparency in the deliberations and activities of international and regional financial institutions. (2002 OP 19.) The Commission added language calling upon industrialized countries to implement the Millenium Declaration and to agree to cancel official bilateral debts of heavily-indebted poor countries in return for their making demonstrable commitments to poverty reduction (OP 6), as well as the new language cited above in OP 7.
This resolution reaffirms “women’s right to an adequate standard of living, including adequate housing” and urges Governments to comply fully with their obligations and commitments concerning land tenure and the equal rights of women to own property and to an adequate standard of living (OP 2). It requests “the Special Rapporteur on adequate housing, … within his mandate, to submit a report” next year (OP 14). Adopted without a vote (as last year).
New elements/changes: The Commission reaffirmed that women’s equal ownership, access to and control over land, and right to adequate housing contribute to the full realization of human rights (PP 4) and recognized that women can face multiple forms of discrimination (PP 5). The Commission urged Governments to address the issue of forced relocations and forced evictions (OP 7).
The Commission recognizes that “globalization should be guided by the fundamental principles that underpin the corpus of human rights . . . .” (PP 6). Adopted by a recorded vote of 38 votes to 15 (as last year).
New elements/changes: The Commission took note of the work under way at the World Commission on Social Dimensions of Globalization, established by the ILO (PP 10.)
The Commission reaffirms that “extreme poverty and exclusion from society constitute a violation of human dignity and that urgent national and international action is therefore required to eliminate them” (OP 1,a). Adopted without a vote (as last year).
New elements/changes: The Commission reaffirmed that “the promotion of all human rights, including the right to development, and the elimination of extreme poverty can contribute substantially to the promotion and consolidation of democracy” (PP 4) and noted the ad hoc working group’s (of the Sub-Commission) program of work (E/CN.4/Sub.2/2002/15).
The Commission encourages all States to take steps with a view to achieving progressively the full realization of the right to food” (OP 6). Adopted by a recorded vote of 51 votes to 1, with 1 abstention (last year adopted without a vote).
New elements/changes: The mandate of the Special Rapporteur was extended for 3 years. (OP 8.) The Commission mentioned the Declaration of the World Food Summit (PP 5, 10) and takes note of General Comment No. 15 on the right to water adopted by the Committee on Economic, Social and Cultural Rights.
The Commission reaffirms that “cultural rights are an integral part of human rights [.] ” (OP 1). Adopted without a vote (as last year).
New elements/changes: The Commission added language indicating the responsibilities of all States to develop and encourage respect for human rights (PP 4) and reaffirming the interdependence of democracy, development, and human rights (PP 7).
The Commission calls upon all States to give “full effect to housing rights.” (OP 11,a). Adopted without a vote (same as last year).
New elements/changes: The mandate of the Special Rapporteur was extended for 3 years (OP 5). The Commission added that the Rapporteur pay “specific attention to the rights and needs of the persons with disabilities.” (PP 6, OP 6,c, OP 11,e-iv). States were called upon to “promote residential integration of all members of society at the planning stage of urban development schemes and other human settlements” (OP 11,e-iii).
The Commission urges “States to take steps . . . with a view to achieving progressively the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health by all appropriate means” (OP 1). Adopted by a recorded vote of 39 votes to 1, with 13 abstentions (last year adopted without a vote).
New elements/changes: The Commission included the definition of health according to the WHO (PP 3) and mention of: the right to water (PP 7); HIV/AIDS and rights of the child (PP 8); the WHO framework convention on tobacco control (PP 10, OP 4); the role of health professionals (PP 15); and a recommendation of women and health (PP 9). The Commission added an emphasis on the effects and prevention of violence, as well as recommending that 2007 be declared the UN Year for Violence Prevention (PP 11, PP 12, OP 7, OP 8, OP 9, OP 10, OP 11, OP 12). The Commission is concerned with the interrelationship of poverty and the right to health (PP 18) and therefore invited the Rapporteur to pay particular attention to this linkage (OP 15), as well as to neglected diseases (OP 16). States were called upon to pay special attention to “vulnerable groups” (OP 5) as well as to protect and promote sexual and reproductive health (OP 6), which were called “integral elements” of the right to health (PP 20).
The Commission calls upon States to pursue policies that would promote availability, accessibility, and affordability for all of good-quality pharmaceutical products to treat pandemics (OP 4,a, b and c). Adopted without a vote (as last year).
New elements/changes: The Commission added tuberculosis and malaria to the title and gave specific data on them (PP 12, 13, 14) as well as urged States to make further contributions to the Global Fund to fight AIDS, tuberculosis, and malaria (OP 9) and called upon States to take measures to ensure that necessary resources are made available to the joint UN program (OP 10); to ensure that those at risk of contracting malaria benefit from the most suitable protective measures (OP 11); and to provide support for the WHO Roll-Back Malaria and Tuberculosis partnerships (OP 12). The Commission recognized the need to find a solution to the problem faced by members of the WTO with insufficient or no manufacturing capacities in the pharmaceutical sector (PP 18).
The Commission encourages all States to implement, enforce, or enact legislation that prevents acts of racism, racial discrimination, xenophobia, and related intolerance (OP 5). Adopted by a recorded vote of 38 to 1, with 13 abstentions.
This new resolution contains 49 operative paragraphs in the following chapters : basic general principles; the International Convention; the comprehensive implementation and follow-up of the Durban Declaration and Programme of Action; implementation of the programme of Action for the Decade; and Special Rapporteur. The mandates of the Working groups on the implementation of Durban (OP 22) and on People of African Descent (OP 26) shall meet for an initial period of three years. The item concerning the follow-up to Durban becomes a sub-item of item 6 (racism).
The Commission requests Governments to take account of the Working Group’s views and to take appropriate steps to remedy of person arbitrarily deprived of their liberty (OP 2). Adopted without a vote (as last year).
New elements/changes: The Commission extended for 3 years the mandate of the Working Group (OP 10) and urged Governments to pay special attention, during states of emergency, to ensure protection against arbitrary detention (OP 3,d).
The Commission condemns “all forms of torture and other cruel, inhuman, or degrading treatment or punishment” (OP 1). This long resolution (42 OP) reviews positively the work of the Special Rapporteur and of the Committee Against Torture. Adopted without a vote (as last year).
New elements/changes: The Commission called upon States to sign and ratify the Optional Protocol to CAT (OP 22). It requested an independent evaluation of the UN Voluntary Fund for Victims of Torture (using extrabudgetary funding) to be initiated before the next Commission session (OP 39).
The Commission recognizes that forensic science is an important tool in detecting evidence of torture and in combating impunity and Recommends that the High Commissioner encourage forensic experts to coordinate further and to produce additional manuals on examinations (PP 3, 4, OP 5). Adopted without a vote.
The Commission calls upon the international community to give due attention to the right to a remedy and reparation for victims of violations of international human rights and humanitarian law (OP 1). Adopted without a vote (as last year).
New elements/changes: The Commission requested the High Commissioner to “hold with the cooperation of interested governments, a second consultative meeting … with a view to finalizing” the “Basic principles“ (OP 5). It requests the Chairperson/Rapporteur of the (first) consultative meeting to prepare, in consultation with the independent experts, Mr. Theo Van Boven and Mr. Cherif Bassiouni, a revised version of the basic principles and guidelines on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law (OP 4).
The Commission declares that popular participation, equity, social justice and nondiscrimination are essential foundations of democracy (OP 1). Adopted by a recorded vote of 29 votes to 12, with 12 abstentions (last year adopted by a recorded vote of 29 votes to 7, with 17 abstentions).
New elements/changes:The Commission stated that principles of democracy are of added importance in the context of globalization (OP 14); reaffirmed the need to create environments that are conducive to development and the elimination of poverty which requires popular participation (OP 17, PP 5); bore in mind that there is no one model of democracy (OP 20, PP 3); and reaffirmed that free and fair elections, popular participation, and political equality must be realized through institutions subject to change or renewal (PP 10).
The Commission declares, among other things, that the essential elements of democracy include respect for all human rights and fundamental freedoms (OP 1). The Office of the High Commissioner is called upon to organize in 2004 a second expert seminar under the title “democracy and rule of law” (OP 16). Adopted by a recorded vote of 36 votes to none, with 17 abstentions.
The Commission urges States to fulfill their obligations under the UN Charter to prevent, combat, and eliminate terrorism in all its forms (OP 5). Adopted by a recorded vote of 30 votes to 12, with 11 abstentions (last year adopted by a recorded vote of 32 votes to none, with 21 abstentions).
The Commission reminds Governments that “no State shall practice, permit or tolerate enforced disappearances” (OP 5,a). Adopted without a vote (as last year).
New elements/changes: The Commission reminded States that all persons deprived of liberty must be released in a matter permitting a reliable verification and in conditions in which their physical integrity and ability to exercise their rights are assured (OP 5,f).
The Commission reiterates that “every person is entitled, in full equality, to a fair and public hearing by an independent and impartial tribunal” (OP 1). Adopted by a recorded vote of 31 votes to 1, with 21 abstentions (last year adopted by a recorded vote of 34 to none, with 19 abstentions).
New elements/changes: The Commission stressed the importance of developing cooperation between the national judicial systems (OP 10).
The Commission condemns all acts of hostage-taking anywhere in the world (OP 2). Adopted without a vote.
The Commission urges States to reinforce their commitment to promote tolerance and human rights and to fight against racism and related intolerance (OP 6). Adopted without a vote (as last year).
The Commission urges all States to respect freedom of expression (OP 6,a). Adopted without a vote (as last year).
New elements/changes: There were substantial structural changes to this resolution, but not a great deal of substantive changes. The Commission dropped reference in OP 2 to welcoming the Rapporteur to continue cooperation with “thematic and country-specific mechanisms.” (See 2002 OP 2.) The Commission urged states to refrain from using counter-terrorism as a “pretext to restrict the right to freedom of expression..” (OP 6,e). It stressed that the exercise of the right to freedom of expression and opinion is of the “utmost importance” for ensuring education/prevention campaigns to prevent HIV/AIDS (OP 14) and invited the Rapporteur to participate in the World Summit on the Information Society (OP 17,g).
The Commission is convinced that an independent and impartial judiciary and independent legal profession are essential prerequisites for the protection of human rights (PP 2). Adopted without a vote (as last year).
New elements/changes: The Commission thanked the outgoing Rapporteur (OP 5), Mr. Param Cumaraswamy, and decided to extend this thematic mandate for 3 years (OP 13). The Commission also noted the Bangalore principles of judicial conduct (PP 7.)
This resolution emphasizes the goal of mainstreaming a gender perspective is to achieve gender equality and this includes ensuring that all UN activities integrate the human rights of women (OP 2). Adopted without a vote (as last year).
New elements/changes: The Commission, in PP 5, added recognition of media’s role in empowering women in place of recognizing the importance of poverty eradication and sustainable development for women (see 2002 PP 5). The Commission invited the Secretary General to bring the resolution to the attention of the World Summit on the Information Society (OP 5); welcomed the nomination by the High Commissioner of a senior advisor on gender issues (OP 8); reminded governments their obligations under the Convention must be implemented fully (OP 26); and welcomed the study Women, War and Peace: the Independent Experts’ Assessment of the Impact of Armed Conflict of Women and Women’s Role in Peace Building (OP 32).
The Commission reiterates that violence against women constitutes a violation of the rights and fundamental freedoms of women (OP 5). Adopted without a vote (as last year).
New elements/changes: The Commission extended that mandate of the Special Rapporteur for a period of 3 years (OP 32) and requested annual reports to the Commission (OP 33). The Commission acknowledged the relevance of the study Women, War and Peace: the Independent Experts’ Assessment of the Impact of Armed Conflict of Women and Women’s Role in Peace Building (PP 6); welcomed the significant work throughout the world over the past decade to eliminate violence against women and girls (PP 7); appreciated WHO’s World Report on Violence and Health (PP 12); noted with interest the conclusion of the Special Rapporteur that the needs of women are generally adequately addressed at the normative level but that existing laws are not effectively implemented (OP 2); called upon States to implement the goals set in the Beijing Declaration (OP 14,b); called upon States to address the specific circumstances of girls and young women (OP 14,e); called upon States to establish national mechanisms for monitoring and evaluating implementation of measures to eliminate violence against women and girls (PP 25).
The Commission strongly condemns intolerance and discrimination against migrants (OP 1 – OP 2) and supports the work of the Special Rapèporteur. Adopted without a vote (as last year).
New elements/changes: The Commission strongly condemned racism and intolerance against migrants (OP 1); requested all States to prosecute violations of labor law (OP 3); to respect the rights of migrants when enacting national security legislation measures (OP 10); to facilitate family reunification (OP 14); encouraged States to remove unlawful obstacles to the transfer of earnings of migrants to their country of origin (OP 13); to protect the human rights of those families of migrants which remain in the countries of origin (OP 17); and to undertake information campaigns to clarify opportunities, limitations, and the rights in the event of migration (OP 18).
The Commission invites States to strengthen national mechanisms for protecting HIV/AIDS related human rights and to take all necessary measures to eliminate stigmatization of and discrimination against those infected and affected by HIV/AIDS (OP 3). Adopted without a vote.
The Commission acknowledges the entry into force of the International Convention on the Protection on the Right of All Migrant Workers and Members of Their Families on July 1, 2003 (OP 1). Adopted without a vote (as last year).
New elements/changes: The Commission requested the Secretary General to convene the initial meeting of States parties to the convention (OP 4) and called upon States parties to submit in due time their first periodic report (OP 6). The Commission deleted paragraphs expressing deep concern at the growing manifestations of racism, xenophobia, and other discrimination directed against migrant workers (see 2002 OP 1).
The Commission urges Governments to take active measures to ensure the full enjoyment by persons with disabilities of all human rights (PP 2). Adopted without a vote (as last year).
New elements/changes: There were substantial changes to this resolution. The Commission deleted many paragraphs, including most references to the Special Rapporteur on disability of the Commission for Social Development (see 2002 resolution). It also deleted mention of the resolution adopted by the Commission for Social Development (2002 PP 11); initiatives to hold conferences (2002 PP 12); references to the ILO (2002 PP 15, OP 37); mention of Inter-American Convention and the Treaty of Amsterdam (2002 PP 16 & 17); certain directives to the Ad Hoc Committee (see 2002 OP 11,12, 15, 16); reference to the “focal point” within the OHCHR (2002 OP 17); references and directives regarding the participation of NGOs (2002 OP 19, 20, 38); the right of persons with disabilities to form and become members of organizations(2002 OP 21); a directive to all Special Rapporteurs to take into consideration persons with disabilities (2002 OP 24); a plea for Governments to implement the Standard Rules (2002 OP 25); references to development cooperation (2002 OP 34 & 40); and a plea for Governments to implement appropriate social measures for children and adults with disabilities (2002 OP 36). The Commission added language that it is “aware of the contribution that a convention could make to the enjoyment of human rights by persons with disabilities” (PP 4; see also OP 16) and noted the elaboration by the OHCHR of a long-term plan in the field of the promotion and protection of human rights for persons with disabilities (OP 4). The Commission invited Governments, civil society, and the private sector to contribute to the UN voluntary fund on disability (OP 18).
The Commission reaffirms the obligation of States to ensure that persons belonging to national or ethnic, religious and linguistic minorities may exercise fully and effectively all human rights and fundamental freedoms without any discrimination and in full equality before the law (OP 2). Adopted without a vote (as last year).
New elements/changes: The Commission emphasized the importance of a timely identification of human rights problems involving minorities (PP 9) and requested the High Commissioner to “examine existing mechanisms with a view to enhancing their cooperation and effectiveness and to identify possible gaps in the protection of the rights of persons belonging to” minorities (OP 17).
The Commission calls upon Governments to provided protection and assistance, including reintegration and development assistance, to internally displaced persons (OP 10). Adopted without a vote (as last year).
New elements/changes: The Commission noted that the Rome Statute of the International Criminal Court “defines the deportation or forcible transfer of population as a crime against humanity and the unlawful deportation or transfer of the civilian population as well as ordering the displacement of the civilian population as war crimes.” (PP 7). The Commission expressed concern at the “persistent problems of large numbers of internally displaced persons worldwide” (OP 2); at “the grave problems faced by many internally displaced women and children” (OP 3); and noted the importance of taking the human rights, protection, and needs of internally displaced persons into consideration in peace processes and reintegration and rehabilitation processes (OP 4).
The Commission calls upon States to make a substantial contribution to addressing human rights situations that lead to or result from mass exoduses and displacements. (OP 1). It requests the High Commissioner “to pay particular attention to human situations which cause, threaten to cause or affect mass exodus of populations” (OP 14) and to prepare and submit in 2005 an analytical report on measures taken to implement this resolution (OP 17), including a thematic compilation of all relevant reports and resolutions (OP 18). Adopted without a vote.
The Commission strongly condemns all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world (OP 1). The list of the categories of crimes and affected groups include “killings committed in the name of passion or in the name of honour” and “for any discriminatory reasons, including sexual orientation” (OP 5). Adopted by a recorded vote of 37 votes to none, with 16 abstentions (last year adopted by a recorded vote of 36 votes to 2, with 14 abstentions).
The Commission condemns all forms of intolerance and of discrimination based on religion or belief (OP 2). Adopted by a recorded vote of 51 votes to none, with 2 abstentions (last year adopted without a vote).
New elements/changes: The Commission voiced concern at the violence and discrimination that affects many women as a result of religion or belief and at the rise in religious extremism (PP 12-13) and recognized the rise in intolerance directed against members of religious communities, including “cases motivated by Islamophobia and anti-Semitism” (PP 14). The Commission emphasized the importance of a continued and strengthened dialogue among religions or beliefs to promote greater tolerance” (OP 11).
The Commission endorses the position of the Sub-Commission that the Working Group of the Sub-Commission and the Permanent Forum “are complementary and do not give rtise to duplication” (OP 1). It recommends that the Economic and Social Council take into account this resolution when reviewing all existing mechanisms concerning indigenous issues (OP 2). Adopted by a recorded vote of 34 votes to 15, with 4 abstentions.
In this resolution, the commission reaffirms the urgent need to recognize, promote, and protect more effectively the human rights and fundamental freedoms of indigenous people (PP 14), and strongly support the work of the Special Rapporteur. Adopted without a vote.
The Commission welcomes the continuation of the deliberations of the Working group on the draft declaration on indigenous peoples’ rights, particularly the measures taken to ensure input by indigenous people (OP 1). There will be an informal intersessionnal meeting before the next session of the Group. Adopted without a vote (as last year).
New elements/changes: The Commission underlined the importance of concluding at the latest in 2004, the draft UN declaration on the rights of indigenous people.
The Commission urges the Working group of the Sub-Commission to continue its comprehensive review of developments and diverse situations and aspirations of the world’s indigenous people (OP 2). Adopted without a vote (as last year).
New elements/changes: The Commission added sections concerning the Economic and Social Council’s review regarding all programs in the UN system concerned with indigenous peoples (PP 7) and requesting it take into account responses by Governments, NGOs, indigenous peoples and others to the Secretary General queries (OP 27).
The Commission reaffirms its recognition of the valuable contribution made by the Sub-Commission to the human rights work of the UN for the past 56 years (OP 1), in particular “through the study of important issues, the elaboration of international human rights standards and the promotion and protection of human rights throughout the world”. Adopted without a vote (as last year).
New elements/changes: The Commission took note of the report submitted by the Office of the UN High Commissioner for Human Rights (OP 7) and added that the Sub-Commission should not adopt Chairperson’s statements (OP 8,a). The Commission recommended that the Sub-Commission give appropriate regard to legal opinions addressed to it (OP 10,j).
The Commission reaffirms that it is one of the purposes of the UN to promote, protect and encourage respect for human rights and fundamental freedoms through international cooperation (OP 1). Adopted without a vote (last year adopted by a recorded vote of 40 votes to none, with 13 abstentions).
New elements/changes: The Commission expressed its conviction that an unbiased and fair approach to human rights issues contributes to the promotion of international cooperation (PP 11) and recognized States’ collective responsibility to uphold the principles of human dignity, equality and equity at the global level (OP 4.)
The Commission “solemnly declares that the preservation of peace and its promotion constitute a fundamental obligation of each State” (OP 2). It “urges all States to respect and to put into practice the principles and purposes of the Charter of the United Nations in their relations with all other States, irrespective of their political, economic or social systems, as well as of their size, geographical location or level of economic development” (OP 5). Adopted by a recorded vote of 33 votes to 16, with 4 abstentions (new resolution).
In 22 operative paragraphs, the Commission adopts guidelines for the continuation of the World Public Information Campaign on Human Rights. Adopted without a vote.
The Commission reaffirms that everyone is entitled to a democratic and equitable international order (OP 1), which “fosters the full realization of all rights for all” (OP 2). Adopted by a recorded vote of 31 votes to 15, with 7 abstentions (last year adopted by a recorded vote of 32 votes to 15, with 6 abstentions).
New elements/changes: The Commission stressed that responsibility for managing world-wide development and threats to international peace should be excercised multilaterally and UN must have a central role (PP 7); recognized that the international community should promote an effective international cooperation (PP 13) and expressed its “rejection of unilateralism” (OP 8).
The Commission “condemns all human rights violations committed against persons engaged in promoting and defending human rights and fundamental freedoms around the world” (OP 3), and calls upon all States to take all necessary measures to ensure the protection of human rights defenders (OP 4.) Adopted without a vote (as last year).
New elements/changes: The Commission extended the mandate of the Special Representative for 3 years (OP 10, 14); the mandate remains unchanged. The Commission recalled that under the International Covenant on Civil and Political Rights, certain rights are recognized as non-derogable (PP 10); and called upon Governments to consider to responding favorably to the request of the Special Representative to visit their countries (OP 7).
The Commission “recognizes that transparent, responsible, accountable and participatory government is the foundation on which good governance rests” (OP 1). Adopted without a vote (as last year).
New elements/changes: The Commission recognized the importance of initiatives at the regional level, such as NEPAD (PP 5); encouraged all relevant actors to share practical experiences with the office of the UN High Commissioner for Human Rights (OP 3); and welcomed the conclusion of the report of the High Commissioner about the growing awareness of the importance of good governance (OP 4).
The Commission reaffirms the significance of the Convention, calls for more ratifications and national legislation to enact it. Adopted without a vote.
The Commission calls upon States parties to the International Covenant on Civil and Political Rights to accede or ratify the Second Optional Protocol, aiming at the abolition of the death penalty (OP 3). Adopted by a recorded vote of 23 votes to 18, with 10 abstentions (last year adopted by a recorded vote of 25 votes to 20, with 8 abstentions).
New elements/changes: The Commission condemned cases in which women are subjected to capital punishment on the basis of gender-discriminatory legislation (PP 5); welcomed regional initiatives for a moratorium on executions and the abolition of the death penalty (PP 10); urged all States to exclude mothers with dependent infants from capital punishment (OP 4,h); urged all States to ensure that capital punishment is carried out with the minimum possible suffering (OP 4,i); and called upon States that still maintain the death penalty not to extend its application to crimes to which it does not at present apply (OP 5,a).
In this new resolution, the Commission takes note of the report submitted by the High Commissioner (following the request of the General Assembly in GA-resolution 57/219); it affirms that States “must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law” (OP 3); invites the High Commissioner and the Human Rights Committee to continue their dialogues with the Counter-Terrorism Committee of the Security Council (OP 4); requests the High Commissioner to submit a report to the General Assembly and, next year, to the Commission (OP 8). Adopted without a vote.
The Commission takes note of the report of the Secretary General, encourages States to participate in the working group of the Sixth Committee on the “International convention against reproductive cloning of human beings”; invites governments that have not done yet so to “consider establishing independent, multidisciplinary and pluralist committee of ethics to assess … the ethical, social and human rights questions raised by bioethical research undergone by human beings” (OP 10); and requests a new report of the Secretary General for 2005. Adopted without a vote.
In 23 operative paragraphs, the Commission reviews the UN Decade and formulates several guidelines for the national plans of action, as well as requests to UN organs, bodies and agencies. It requests the High Commissioner, jointly with UNESCO, to consult with all member States on the achievements and shortcomings of the Decade (1995-2004) and to report next year. Adopted without a vote.
In this new resolution, the Commission “reaffirms that peace, security, stability and respect for human rights, including the right to development, as well as respect for cultural diversity, are essential for achieving sustainable development for all and ensuring that sustainable development benefits all” (OP 1). The Commission reaffirms the right to participate in peaceful activities against human rights violations; highlights the necessity for environmental policies to take into account how environmental degradation may affect disadvantaged members of society; encourages States; stresses the need for effective access to justice (including redress and remedy), the importance of good governance and of the Ministerial Declaration of the Third World Water Forum (Kyoto, 23 March 2003). The Secretary-General is requested to present next year a report. Adopted without a vote.
The Commission reiterates its position regarding the progress made in international penal law and the necessity to combat impunity. It also requests the high Commissioner “to commission an independent study, from within existing resources, on best practices, including recommendations, to assist States in strengthening their domestic capacity to combat all aspects of impunity, taking into account the Principles” (originally prepared by Mr. Joinet) (OP 16). Adopted without a vote.
In this annual resolution , the Commission endorses the conclusions of the 11th regional Workshop reviewing the developments in the Asian and Pacific region over the past year in the four priority areas under the Framework for Regional Technical Cooperation Programme in the Asian and Pacific Region. Governments from the region are encouraged to use the facilities offered by the UN for advisory services and technical cooperation in the field of human rights. Adopted without a vote.
In this annual resolution protesting on the geographical distribution of staff in the OHCHR, the Commission “regrets that no progress has been achieved” (OP 2), questions the impartiality of the staff from one certain region, requests a new report from the High Commissioner and recalls its “request to the Joint Inspection Unit to undertake a comprehensive review of the management and administration of” the OHCHR (OP 22). Adopted by 32 votes to 14 and 7 abstentions (last year : 36 yes, 14 no and 3 abstentions).
The Commission reiterates the importance it attaches to regional arrangements, welcomes the outcome of several regional conferences and seminars, and requests the High Commissioner to submit a new report to the General Assembly and to the Commission. Adopted without a vote.
The Commission “reaffirms the importance of the development of effective, independent, pluralistic national institutions for the promotion and protection of human rights” in conformity with the Paris Principles adopted by the General Assembly in 1993 (OP 1). It commends the high Commissioner for the priority accorded to the establishment and strengthening of national institutions and welcomes the important role of the International Coordinating Committee of National Institutions. Adopted without a vote.
The Commission welcomes the progress made by the Transitional Authority in Afghanistan. It terminates the mandate of the Special Rapporteur and requests the Secretary-General “to appoint an independent expert for a period of one year to develop, in strict collaboration with the Transitional Authority, including the Afghan Independent Human Rights Commission …a programme of advisory services to ensure the full respect and protection of human rights and the promotion of the rule of law” (OP 15,a). The expert’s mandate is also to “seek and receive information about and report on the human rights situation in Afghanistan” (same paragraph). Adopted without a vote.
The Commission welcomes the conclusion of the first phase of the Somali national reconciliation process, condemns the widespread violations and abuses of human rights and humanitarian law, underlines the need for human rights to be an integral part of a future UN peace-building mission, calls upon all the parties, and extends the mandate of the independent expert for a further year. Adopted without a vote.
This annual resolution of the Commission contains seven chapters, respectively on the support of and cooperation with the UN; on the role of NGOs (“commends the vital role played by NGOs in Cambodia”, OP 4); on administrative, legislative and judicial reform; on human rights violations and violence; on the Khmer Rouge Tribunal ; on the protection of women and children. The Commission expresses “serious concern that the situation of impunity still exists in Cambodia” (OP 10), notes with concern the prisons conditions and reiterates its position regarding the crimes committed by the Khmer Rouge. The Secretary-General shall report again on the role and achievement of the Office of the High Commissioner in Cambodia, and on the recommendations made by the Special Representative. Adopted without a vote.
The Commission strongly supports the Special Court and the Truth and Reconciliation Commission. It expresses concerns at the serious human rights violations, and at reports on the use of children in diamond-mining activities. The Commission calls for further technical assistance and requests the High Commissioner to submit a report to the General Assembly and to the Commission next year. Adopted without a vote.
Through this resolution tabled by the African group, after years of severe human rights violations, the Commission welcomes and welcomes again (the positive attitude of the Government) and requests the elaboration of a programme of technical assistance and advisory services in the field of human rights. Adopted without a vote.
In another resolution proposed by the African group, the Commission welcomes “the positive attitude of the Government of Liberia” (sic, PP 3) and decides “to appoint an independent expert for an initial period of three years to facilitate cooperation between the Government of Liberia and the” OHCHR … “by providing technical assistance and advisory services” (OP 1). The independent expert is also invited “to assess the situation of human rights in the country and to submit in this regard an initial report to the Commission” next year (OP 2). Adopted without a vote.
The Commission “requests the Sub-Commission … to prepare a concept document establishing options for the implementation of the right to development and their feasibility, inter-alia an international legal standard of a binding nature, guidelines on the implementation of the right to development and principles for development partnership, based on the Declaration on the right to development” (OP 2). The high Commissioner is requested to convene a two-day high level seminar prior to the next session of the Working group (OP 5). It also decides to renew the mandate of the Working group for one year (OP 9). Adopted by 37 votes against 3 and 12 abstentions (last year : 38 yes, none against and 15 abstentions).
The Commission “reiterates its strong condemnation of the systematic, widespread and extremely grave violations of human rights and of humanitarian law by the Government of Iraq over many years, which have resulted in an all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror” (OP 1). It requests “all parties to the current conflict in Iraq to abide strictly by their obligations under international humanitarian law” (OP 2), extends the mandates of the Special Rapporteur, and requests him to submit a report “focusing on newly available information about violations of human rights and international law by the Government of Iraq over many years” (OP 6,a). This resolution was adopted by 31 votes against 3 with 12 abstentions.
The Commission welcomes the appointment by the Secretary-General of the independent expert for a study on violence against children; and the report of the special Representative4 on the impact of armed conflict on children (PP 7 and 8). It condemns “in the strongest terms the abduction and recruitment of children for armed conflicts” (OP 1) and calls for their immediate and unconditional release and safe return (OP 4). The resolution was adopted without a vote. In previous years, this resolution focused on the abduction of children in Northern Uganda.
In this long resolution (13 pages and 45 operative paragraphs), the Commission reiterates its position of previous sessions. The OP are clustered in different chapters regarding the Convention and other international instruments; promotion and protection (identity, family relations, birth registration, poverty, health, education, freedom from violence); non-discrimination (girl-child, children with disabilities, migrant children); children in difficult situations (street children, refugees and IDP, child labour, detained children); sale of children; children in armed conflicts. This resolution was adopted without a vote.
The Commission welcomes the extension of the mandate of the Office in Colombia of the UN High Commissioner for Human Rights, granted by the government until 2006. The statement contains 43 paragraphs reviewing the situation. Again the Commission stresses the responsibility of the government for the human rights situation and the observance of international humanitarian law and democratic principles. It “expresses concern at the alleged existence of a campaign to create a climate of hostility towards non-governmental organizations that work in the field of human rights”. The Commission firmly condemns all acts of terrorism and other criminal acts; the recruitment of children by illegal armed groups; all acts of violence and breaches of humanitarian law committed by paramilitary groups; the practice of kidnapping; all threats, attacks and assassinations by paramilitary or other illegal armed groups against persons who carry out peaceful political activities; and the campaign of intimidation against mayors and town councilors.
The government is urged to ensure that the members of State forces against whom credible allegations exist are suspended whilst speedy investigations are undertaken; to interpret and adjust all national legislation in accordance with its obligations; not to take any measures that might weaken the constitutional mechanisms for the protection of human rights. The statement does not mention the Decree 128, which provides for amnesty and legalisation of the paramilitaries.
The Commission “warmly welcomes the attainment of independence by Timor-Leste on 20 May 2002 and its admission to membership in the United Nations on 27 September 2002 as 191st. Member State. The Commission expresses its appreciation to the UNTAET and welcomes the UNMISET, and “commends the significant efforts undertaken by the governments of Timor-Leste and Indonesia to further promote and enhance the overall relationship between the two countries”. It notes the important steps taken by the government of Indonesia to bring the perpetrators of serious crimes to justice, but expresses its disappointment at the way in which the trials are being carried out.
The Commission is deeply concerned by the deteriorating human rights situation in Haiti. It urges the government to step up its efforts to combat impunity, to strengthen the rule of law and to safeguard democratic pluralism. It commends the independent expert on his report, encourages the international community to increase its cooperation and “requests the Office of the High Commissioner for Human Rights to expand its activities in Haiti by setting up an office in that country”. Decisions adopted by the Commission
The Commission endorses the recommendations of the Expanded Bureau of the 2002 session. Adopted without a vote.
This decision contains the list of the Special Rapporteurs, Representatives and independent experts invited to attend the 59th. session of the Commission. Adopted without a vote.
Item 21 (follow-up to the Durban Conference) becomes sub-item (a) of item 6 (on racism). Adopted without a vote.
The Commission decides to make public its resolution concerning the human rights situation in Chad, adopted during its confidential procedure (see resolution 2003/81).
The Commission decides to make public its resolution concerning the human rights situation in Liberia, adopted during its confidential procedure (see resolution 2003/82).
As in previous years, the Commission decides to retain this question on its agenda. Adopted without a vote.
The Commission recommends the ECOSOC to authorize the Sub-Commission to convene in Geneva an annual intersessional forum on economic, social and cultural rights, for 2 days “on dates that would permit the possible participation of 10 members of the Sub-Commission”. Adopted by 36 votes to 1 with 16 abstentions (last year : 35 yes, 3 no and 15 abstentions).
The Commission endorses the decision of the Sub-Commission to appoint one of its member, Ms. Leila Zarrougui (Algeria), to study the discrimination in the criminal justice system. Adopted without a vote.
The Commission endorses the decision of the Sub-Commission to appoint one of its members, Mr. Paolo Sergio Pinheiro (Brazil), as Rapporteur to study this issue. Adopted without a vote.
The Commission endorses the decision of the Sub-Commission to appoint its former member Ms. Erica-Irene Daes (Greece) as a Rapporteur for this issue. Adopted without a vote.
The Chairperson-Rapporteur of the 20th. session of the Working group of the Sub-Commission shall present the report of this session during the 2nd. Meeting of the Permanent Forum. Adopted without a vote.
The Commission endorses the decision of the Sub-Commission to appoint alternate member Ms. Barbara Frey (USA) to undertake this study. Adopted without a vote.
The Commission requests the High Commissioner (a)“to ensure more effective coordination among the various branches of his Office in order to preclude any overlapping and/or duplication among all the mechanisms”; (b) “to ensure that communications received or urgent appeals issued under the special procedures system are forwarded to the country concerned with written authorization from the special rapporteurs”; and (c) to discontinue the present practice of transmitting ex officio monthly lists of communications and their contents to other organs/bodies of the UN system”. This decision was taken by 28 votes to 24 and 1 abstentions.
The Commission requests eight fully serviced additional meetings for its 2004 session. Adopted without a vote.
The 2004 session shall take place from 15 March to 23 April 2004. Adopted without a vote.
The Commission authorizes its Bureau, working together with the regional coordinators, to “consider steps which could be recommended to the Expanded Bureau of the 60th. session in order to improve further the organization of work of the Commission”. Adopted without a vote.
The Commission recommends to ECOSOC to request the high Commissioner to organize a seminar on treaties and arrangements between States and indigenous peoples, to explore the follow-up of the Special Rapporteur’s recommendations. Adopted without a vote.
The Commission decides to postponed consideration of the draft resolution on “Human rights and sexual orientation” (tabled by Brazil) and the proposed amendments (proposed by Muslim States) until next year. Decision adopted by 24 votes to 17, with 10 abstentions.
acz – 07.2003