A SUMMARY OF THE MAJOR DEVELOPMENTS AT THE 1995 SESSION OF THE U.N. COMMISSION ON HUMAN RIGHTS, held in Geneva, Switzerland, from January 30 to March 10, 1995 by Penny L. Parker I. INTRODUCTION This summary contains a description of the major resolutions and decisions of the 1995 U.N. Commission on Human Rights, which met in Geneva, Switzerland from January 30 to March 10, 1995. References in these notes to the Sub-commission are to the U.N. Sub-commission on the Prevention of Discrimination and the Protection of Minorities, which is a subsidiary body to the Commission and meets in Geneva each summer for four weeks, usually in August. For other useful summaries of the 1995 session on the Commission on Human Rights see the resources cited on the last page of this article. II. MOST SIGNIFICANT DEVELOPMENTS Among the most significant developments at the Commission's 1995 session were the establishment of a new intersessional working group on minorities (to meet each summer before the Sub- commission's session), a new special rapporteur and staff unit to monitor toxic waste and hazardous dumping practices in developing countries throughout the world, several new programs aimed at better protecting indigenous peoples and groups, the termination of three longstanding apartheid-era mandates associated with monitoring developments in southern Africa, and the initiation of a major preventive human rights monitoring effort in Burundi in an attempt to head off ethnic clashes and human rights abuses in that country. In addition, for the first time in memory the Commission declined to accept several new human rights studies proposed by its Sub-commission. Member states continued to argue about the staffing, geographic distribution and structure of some of the human rights support mechanisms within the United Nations. Cuba tabled three resolutions critical of the United States, two of which were adopted. Also for the first time, three permanent representatives of the U.N. Security Council (China, Russia and the U.S.) all found themselves subject to debate and scrutiny under item 12 of the Commission's agenda, which is the principle agenda item under which serious violations of human rights are traditionally discussed. Russia accepted a "chairman's statement" concerning recent events in Chechnya (although the head of the Russian delegation was dismissed immediately after the session was concluded, apparently in part because of these concessions). China (by a close vote of 20-21-12) and the U.S. (by a wide margin of 3-12-18) were each able to defeat the resolutions tabled against them under item 12. A number of the most effective thematic procedures of the Commission were up for renewal or termination this year, including those for investigating torture, executions, disappearances, internally displaced persons and religious intolerance. Each was given another three year mandate to continue its work. Several country specific procedures were also continued for another year, including special rapporteurs on Afghanistan, Bosnia and Former Yugoslavia, Cuba, Equatorial Guinea, Iran, Iraq, Myanmar, Palestine, Rwanda Sudan, and Zaire. Special representatives and/or independent experts were also asked to continue monitoring work in the cases of Cambodia, Guatemala, Haiti and Somalia. Finally, the Commission has decided on a trial basis to meet during a different time period next year, from March 18 to April 28, 1996, in an effort to better coordinate its schedule with that of the General Assembly. III. RESOLUTIONS The following resolutions and decisions are grouped by agenda item. The "L" document number refers to the draft version of text before it was finally adopted. Where the final resolution number is known, it is included in brackets after each L-number. These resolutions will be published officially in the final 1995 report of the Commission, to be released sometime during the summer of 1995. The text of some resolutions can also be found in UN press releases, available on the UN gopher at: gopher://nywork1.undp.org. Resolutions and decisions of the Commission are either adopted by consensus (denoted as "adopted w/o vote" in this summary) or by a called vote. Where a called vote has occurred the vote totals are indicated in this summary in the order of yes-no-abstention and the date of adoption. ITEM 3: ORGANIZATION OF THE WORK OF THE SESSION SRI LANKA. The Chair acknowledged the statement of Sri Lanka, read on 8 March 1995. The Chair's acknowledgement was adopted without a vote. This matter did not carry an L-document number and was not assigned to any substantive agenda item of the Commission, but instead was to be placed in the final report under this item 3. The statement noted the positive steps Sri Lanka had taken in the past year. The chair's statement also noted the additional steps outlined in the statements of the Sri Lankan delegation that would be taken in the future, in particular the establishment of an independent human rights commission with investigatory powers. Sri Lanka also promised certain constitutional reforms in the coming year. The Chair's statement also urged the government to cooperate with all human rights mechanisms and condemned the violations of human rights committed by the LTTE and strongly urged the LTTE to desist in such actions. The Chair's statement also strongly urged the LTTE to respond positively and speedily to overtures of conciliation made to it by the government. ITEM 4: OCCUPIED ARAB TERRITORIES ISRAELI SETTLEMENTS L.7 [1995/3] Adopted by vote of 46-1-3, 17 February 1995. (U.S. voted no). The resolution expresses grave concern at the continued establishment of Israeli settlements in the occupied Arab territories, welcomes the positive developments of the Middle East peace process and welcomes the 1994 self- government agreement signed in Washington. OCCUPIED ARAB TERRITORIES. L.3 [1995/1] Adopted by vote 26-2-21, 17 February 1995 (Russia and the U.S. voted no). Under the resolution the Commission indicates that it deeply regrets the continued violations of human rights in the occupied Palestinian territory, in particular the continuation of acts of killing and the detention of thousands of Palestinians without trial, the continuation of the extension and the establishment of Israeli settlements, the confiscation of property of Palestinians and the expropriation of their land. The resolution calls once more upon Israel to desist from all forms of violations of human rights in the Palestinian and other occupied Arab territories and to withdraw from the Palestinian territory including Jerusalem. The Special Rapporteur (Rene Felber) resigned during the Commission session after indicating that he did not believe that there was a need for a special rapporteur. Nonethless, the Commission did not stop the mandate of special rapporteur and the Commission Chair was expected to select a new individual to fill the post. The resolution also requests that the Secretary-General prepare another report next year of all U.N. reports issued between sessions dealing with the Occupied Territories. (This year's report on this subject is E/CN.4/1995/22). OCCUPIED SYRIAN GOLAN L.4 Rev.1 [1995/2] Adopted by vote of 25-1-23, 17 February 1995. (The U.S. voted no). The resolution reaffirms the illegality of Israel's 1981 decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan and calls upon Israel to comply with relevant U.N. resolutions on this subject. ITEM 5: SOUTHERN AFRICA REPORT OF AD HOC GROUP OF EXPERTS L.8 [1995/8] Adopted w/o vote, 17 February 1995. The resolution takes note of the final report of the Ad Hoc Working Group of Experts on southern Africa (E/CN.4/1995/23) and decides that the work of this group has been successfully completed. Therefore the group's mandate is terminated effective as of the date of this resolution. ITEM 6: SOUTH AFRICA TRANSITION TO DEMOCRACY L.5 [1995/9] Monitoring and assisting the transition to democracy. Adopted w/o vote, 17 February 1995. The resolution notes the final report of the Special Rapporteur of the Sub-commission on this subject and decides that the mandate has been successfully completed. Therefore the special rapporteur's mandate is terminated. ITEM 7: ECONOMIC, SOCIAL AND CULTURAL RIGHTS ADEQUATE HOUSING. Sub-Commission draft resolution IV [1995/19] Realization of the right to adequate housing. Adopted w/o vote, 24 February 1995. This resolution continues the Sub- commission study on this subject for another year. ENVIRONMENT L.6 Withdrawn in lieu of L.22 Rev.1, 22 February 1995. This draft resolution had been tabled by the United Kingdom as a counter- proposal to the Cuban resolution to establish a new post, a special rapporteur on the environment and human rights. However, this U.K. draft was withdrawn in lieu of the revised Cuban resolution, once the latter had removed the new special rapporteur post from its proposal. ENVIRONMENT L.22 Rev.1 [1995/14] Adopted w/o vote, 24 February 1995. This resolution was sponsored by Cuba. The resolution notes the final report of the Special Rapporteur on human rights and the environment of the Sub-Commission (E/CN.4/Sub.2/1994/9 and Corr.1), requests publication of the final report in all official U.N. languages, requests the Secretary General to submit a report next year containing the opinions of Governments, specialized agencies, intergovernmental and non- governmental organizations on the issues raised in the Special Rapporteur's report, and commits to consider this matter again next year under this agenda item. Note that among the recommendations in the Special Rapporteur's report was that a new rapporteur be appointed on this subject at the Commission level. This recommendation was not accepted this year but may be taken up again next year, in light of the manner in which these issues were framed in this year's resolution. EXTREME POVERTY L.25 [1995/16] Adopted w/o vote, 24 February 1995. The resolution expresses deep concern that extreme poverty continues to spread and that it gravely affects the most vulnerable and disadvantaged persons and groups. The special rapporteur of the Sub-commission who is studying this problem is invited to give special attention to the effects of extreme poverty on the enjoyment and exercise of human rights and fundamental freedoms. FOREIGN DEBT L.18 Rev.1 [1995/13] Adopted by vote of 33-15-4, 24 February 1995. The resolution notes the serious problem of foreign debt, which remains one of the most acute factors adversely affecting economic and social development and the living standards of the inhabitants in many developing countries, with serious effects of a social nature. The resolution further indicates deep concern that the debt-service obligations remain high, that the factors determining the capacity to pay have not moved in consonance with the debt- service obligations of the majority of developing countries and that the prospects for reducing the adverse effects of the debt burden on the development process in developing countries continue to be uncertain. International financial institutions are requested to report periodically to the General Assembly and the Economic and Social Council on the social repercussions of their policies. The Secretary General is also requested to establish a programme unit in the Centre for Human Rights for the promotion of economic, social and cultural rights, in particular those related to the debt burden of developing countries. INCOME DISTRIBUTION. Sub-Commission draft decision 11 [1995/105] Human rights and income distribution. Adopted w/o vote, 24 February 1995. The resolution continues the Sub-commission study on this subject for another year. INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS L.24 [1995/15] Adopted w/o vote, 24 February 1995. The resolution notes efforts to establish an optional protocol to the International Covenant on Economic, Social and Cultural Rights granting the right of individuals or groups to submit communications concerning non-compliance of States with the Covenant. Seminars of experts are to be organized for the benefit of the chairpersons of the human rights treaty bodies and representatives of various specialized U.N. agencies, on the subject of indicators for evaluating economic, social and cultural rights. States are encouraged to develop specific national plans aimed at improving economic, social and cultural conditions in their countries. ITEM 8: REALIZATION OF THE RIGHT TO DEVELOPMENT RIGHT TO DEVELOPMENT L.27 [1995/17] Adopted by vote of 36-15-1, 24 February 1995. This resolution recommends that the Economic and Social Council dedicate, as early as possible, the high-level segment of one of its substantive sessions to evaluating the implementation of the Declaration on the Right to Development. The Working Group on the Right to Development is also asked to meet in two sessions during 1995, in April and September, each time for two weeks. ITEM 9: SELF-DETERMINATION MERCENARIES L.12 [1995/5] Adopted by vote of 34-1-15, 17 February 1995. (The U.S. voted no). The resolution extends the mandate of the special rapporteur on mercenaries for an additional three year term. MIDDLE EAST PEACE PROCESS L.13 [1995/6] Adopted by vote of 50-0-0, 17 February 1995. The resolution welcomes the peace process started in Madrid, welcomes the establishment of the Palestinian authority, and encourages a continuation of negotiations. OCCUPIED PALESTINE L.2 [1995/4] Adopted by vote of 27-1-22, 17 February 1995. (The U.S. voted no). The resolution reaffirms the inalienable right of the Palestinian people to self-determination without external interference, and calls upon Israel to withdraw from the Palestinian territories. WESTERN SAHARA L.16 [1995/7] Adopted w/o vote, 17 February 1995. The resolution notes the continuing efforts to resolve the dispute between the Kingdom of Morocco and the Frente Popular para la Liberaci˘n de Saguia el-Hamra y Rˇo de Oro. ITEM 10: DETENTION ARBITRARY DETENTION L.55 [1995/59] Adopted w/o vote, 7 March 1995. This resolution discusses the latest report of the Working Group on Arbitrary Detention. The five member group has dealt with 300 cases, visited two countries during 1994 and issued several urgent appeals to governments. The resolution also asks the Sub- commission to consider a study on measures to strengthen the remedy of habeas corpus for detained individuals. DISAPPEARANCES L.53 [1995/38] Adopted w/o vote, 3 March 1995. This resolution addresses the most recent report of the Working Group on Enforced or Involuntary Disappearances. The working group's mandate is extended for another three year period and states are encouraged to cooperate with the group's work. In a paragraph added just before the final vote, the resolution also notes that the primary role of the working group is to act as a channel of communication between families of disappeared persons and the governments concerned, with a view to confirming that sufficiently documented cases are investigated and to ascertain whether such cases fall within its mandate. FAIR TRIAL L.40 [1995/110] This particular draft text was Japan's amendment to the Sub-Commission's proposal for the drafting of an optional treaty protocol on the right to a fair trial. It was adopted without a vote, on 3 March 1995. The resolution as amended, postpones until next year the decision on whether an open- ended working group should be established to begin drafting a third optional protocol to the International Covenant on Civil and Political Rights on the right to a fair trial. If work on a third optional protocol is begun, it is anticipated that it would explore ways to provide stronger guarantees to the right to fair trial under all circumstances, including circumstances under which fair trial rights could not be abrogated in the name of an emergency or other exigent circumstances (that is, circumstances when the right would be non-derogable). FREEDOM OF OPINION AND EXPRESSION L.56 Rev.1 [1995/40] Adopted w/o vote, 3 March 1995. This resolution discusses the latest report of the special rapporteur on freedom of opinion and expression, who was first appointed in 1993. The resolution asks the Special Rapporteur in his next report to develop further his commentary on the right to seek and receive information and to expand on his observations arising from communications he has received. Translators and interpreters are also added to the category of persons deserving further protection under this resolution. GROSS RIGHTS VIOLATIONS AS INTERNATIONAL CRIMES Sub-Commission draft decision 6 [1995/111]: Study on gross human rights violations as international crimes Amended and adopted w/o vote, 3 March 1995. The Commission in effect overruled its Sub-commission on this subject. The Sub- commission had recommended a study be launched to explore the recognition of gross and large-scale violations of human rights as international crimes. The Commission, feeling that other international bodies had such a study already well in hand (notably the International Law Commission and the Sixth Committee of the General Assembly), amended the resolution to instead read that the Sub-commission should "reconsider" its prior recommendation to launch a study on this topic. INDEPENDENCE OF JUDICIARY L.51 [1995/36] Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers. Adopted w/o vote, 3 March 1995. The Commission appointed a special rapporteur to investigate this subject, beginning in 1994. Like most thematic procedures, this initial mandate will be for three years. Mr. Param Cumaraswamy was appointed to this new post. His first report, setting out his proposed methods of work, was received by the Commission this year (E/CN.4/1995/39). This resolution welcomes the first report and accepts the proposed methods of work. JUVENILE JUSTICE L.57 [1995/41] Human rights in the administration of justice, including children and juveniles. Adopted w/o vote, 3 March 1995. This resolution is an annual vehicle within which the Commission discusses the need for fairer judicial systems. The resolution this year pays particular attention to the problem of juveniles in detention and the special problems this causes for the protection of human rights. The resolution notes the expert group meeting on juveniles in detention held in Vienna in 1994, attended by UNICEF, the Committee on the Rights of the Child and other U.N. representatives. The resolution also asks the High Commissioner for Human Rights to pay particular attention to this problem in his work. MISSING PERSONS IN FORMER YUGOSLAVIA L.50 [1995/35] Adopted w/o vote, 3 March 1995. Beginning in 1994 one of the expert members of the UN Working Group on Enforced or Involuntary Disappearances was charged with the special task of investigating the plight of missing persons in the former Yugoslavia. It is reported that there are still 200 cases of missing persons in Croatia and 18,000 in Bosnia. This resolution notes the expert's first report and his efforts to locate all such missing persons. Serbia (The Federal Republic of Yugoslavia) is urged to cooperate with these efforts. The expert is asked to report again next year on this subject. STATES OF EMERGENCY. Sub-Commission draft resolution III [1995/42]: Adopted w/o vote, 3 March 1995. The Commission receives each year an updated report from a special rapporteur of the Sub- commission on the subject of instances of marshal law and declared states of emergency in countries throughout the world and the effect of these states of emergency on the human rights of their citizens. This year the resolution also approves the Sub-commission's request to hold an expert meeting to study non-derogable rights in states or situations of emergency and the international principles to be taken into account in drafting national legal rules on this subject. A database of instances of states of emergency and related human rights questions is also to be created. TORTURE L.52 [1995/37] Adopted w/o vote, 3 March 1995. This resolution is annually used to discuss the work of the Special Rapporteur on Torture and the status of the Convention against Torture, including the work of the committee established under that Convention. The resolution extends for another three year period the mandate of the Special Rapporteur, encourages the Committee and the Special Rapporteur to exchange views on their respective work, and encourages states to cooperate with both mechanisms. TORTURE; DRAFT OPTIONAL PROTOCOL L.43 [1995/33] Draft optional protocol to the Convention against Torture. Adopted w/o vote, 3 March 1995. An open ended working group of the Commission has been preparing a draft protocol to the Torture Convention for expanding the inspection obligations and accountability of prisons and other detention facilities in member states. The group's third annual report was submitted to the Commission (E/CN.4/1995/38). The resolution asks the group to meet again during the upcoming year for a two-week session, in order to continue its drafting efforts. U.N. STAFF MEMBERS L.54 [1995/39] Staff members of the U.N. and of the specialized agencies in detention. Adopted w/o vote, 3 March 1995. This resolution is the Commission's annual effort to examine the cases of missing or detained U.N. staff personnel in various parts of the world. The Secretary General again produced a report (E/CN.4/1995/40) of the present U.N. personnel and their families in detention. The resolution asks the Secretary General to update his report again next year and it encourages states to observe the rights of U.N. personnel in their countries. Member states are also encouraged to sign and become parties to the U.N. Convention on the Safety of United Nations and Associated Personnel. VICTIM COMPENSATION L.44 [1995/34] Restitution to victims. Adopted w/o vote, 3 March 1995. The resolution encourages states to exchange views on the subject of domestic legislation aimed at compensating victims of human rights violations. The Secretary General is asked to prepare a report for the next session incorporating any information provided by states on their victim compensation systems. ITEM 11: PROGRAMME AND METHODS OF WORK OF THE COMMISSION ASIA/PACIFIC L.65 [1995/48] Asia/Pacific regional arrangements. Adopted w/o vote, 3 March 1995. This resolution is used every year to discuss the continuing efforts to establish a regional based human rights organization in Asia and the Pacific. This year the resolution notes a January 1994 workshop held in Manila, and a July 1994 workshop held in Seoul. Other workshops are planned, with staff support from the Human Rights Centre. There are now national human rights commissions established in India and Indonesia and plans are reportedly underway in Nepal, Pakistan, Papua New Guinea and Thailand for similar bodies. EDUCATION L.64 [1995/47] Decade for Human Rights Education. Adopted w/o vote, 3 March 1995. The year 1995 marks the beginning of the U.N.'s Decade for Human Rights Education. This resolution encourages education programs in several different programs of the U.N., as well as programs to be implemented by the states themselves. FREEDOM OF TRAVEL L.83 [1995/62] Freedom of travel and family reunification. Adopted by vote of 27-9-17, 7 March 1995. This is a resolution tabled by Cuba, which is intended to criticize certain practices of the U.S., although it does not specifically name the U.S. in the text of the resolution. It is very similar to a resolution of the same topic that Cuba succeeded in getting dopted at the General Assembly in December 1994. The resolution calls upon all states to ensure the universally recognized freedom of travel to all foreign nationals legally residing in their territory and reaffirms that all governments, particularly those of receiving countries, must recognize the vital importance of family reunification and promote its integration into their national legislation. The language of the resolution particularly targeted at U.S. practices is in paragraph 3 which "calls upon all States to allow, in conformity with international legislation, the free flow of financial remittances by foreign nationals residing in their territory to relatives in the country of origin." HIV/AIDS L.59 [1995/44] Adopted w/o vote, 3 March 1995. This resolution annually chronicles international developments in HIV/AIDs programs and their impact on human rights principles. The resolution this year expresses alarm at the growth of discriminatory laws and policies and the emergence of new forms of discriminatory practices which deny people living with HIV/AIDs, their families and associates, as well as high risk groups, enjoyment of their fundamental rights and freedoms. INTERNALLY DISPLACED PERSONS L.81 [1995/57] Adopted w/o vote, 3 March 1995. The internally displaced persons mechanism is a thematic procedure which has evolved out of the Secretary-General's office, rather than through separate appointment by the current Chair of the Commission. The initial two year mandate of the post was set to expire this year. The current report on internally displaced persons is UN document no. E/CN.4/1995/50 and Add. 1-4. The resolution notes the recent reports and commends the work of the special representative on internally displaced persons. The mandate of the special representative is extended for an additional three years. The resolution also makes several recommendations for inclusion in his next reports. MASS EXODUSES L.84 Rev.1 [1995/88] Adopted w/o vote, 8 March 1995. This resolution is used each year to discuss the various international efforts to detect, respond to and evaluate situations of mass exoduses. This year the resolution notes recent efforts in this regard of the Secretary General, the UN High Commissioner for Refugees, the UN High Commissioner for Human Rights, and several other organizations. The resolution asks special rapporteurs, special representatives and working groups to address when relevant incidents of mass exodus they encounter in their investigations. The resolution also endorses specific recommendations made this year by the Special Rapporteur on Violence Against Women to improve the security and design of refugee camps, deploy trained female officers at border check-points and detention centres, increase attention to medical services available to refugee and displaced women and girls, and actively investigate any claims of abuse by military or other government personnel against refugee women. NATIONAL INSTITUTIONS L.68 [1995/50] Adopted w/o vote, 3 March 1995. This resolution is an effort each year to address the activities of national human rights commissions. This resolution notes the April 1995 International Workshop of National Institutions for the Promotion and Protection of Human Rights held in Manila, and the efforts of the new Coordinating Committee of National Institutions recently established. Interest is expressed in finding an appropriate forum for national institutions to participate as a matter of right in international meetings and conferences dealing with human rights. The Secretary General is asked to solicit comments from states on this subject and to report to the Commission next year. OBSTACLES TO DEMOCRACY L.29 [1995/60] Obstacles to the establishment of a democratic society and requirements for the maintenance of democracy. Adopted w/o vote, 7 March 1995. This is a first time resolution sponsored by Nicaragua, which attempts to give more attention to a study of the obstacles encountered by many countries who are attempting to implement democratic reforms. Information from the Secretary General is to be circulated next year on this subject and a new agenda item, entitled "Relations between democracy, development and human rights", is to be added to next year's session. REGIONAL ARRANGEMENTS L.63 [1995/46] Adopted w/o vote, 3 March 1995. This resolution urges that additional regional human rights organizations be established and provides support for certain technical assistance programs to facilitate this process. STRENGTHENING THE CENTRE FOR HUMAN RIGHTS L.35 [1995/64] Adopted w/o vote, 7 March 1995. This resolution provides a vehicle each year to address the funding and staffing needs of the Centre for Human Rights. This year's resolution also includes express mention, at the request of Cuba, to the need to focus more resources on the right to development. TERRORISM L.58 [1995/43] Adopted w/o vote, 3 March 1995. This resolution, introduced by Peru, is an effort to address the problems that terrorism presents for promoting and protecting human rights in some countries. The resolution urges states to combat terrorism within the margins of respect for human rights. Though adopted by consensus, several delegations expressed concern at the wording of the resolution, especially to the extent it failed to address the right of self-determination and because it was argued that the text tended to suggest that terrorism might become an excuse for governments to abuse the human rights of their citizens. France on behalf of the European Union commented in a formal explanation after the vote that several provisions in the resolution were not valid statements of international human rights law and that the resolution as a whole drifted away from the human rights mandate of the Commission. THEMATIC PROCEDURES L.75 [1995/87] Adopted w/o vote, 8 March 1995. This resolution has become a vehicle each year to discuss improvements and/or issues common to all of the thematic procedures now operating within the Commission's mandate. There are now 14 of these thematic procedures, including special rapporteurs or working groups on arbitrary detention, torture, arbitrary or summary executions, enforced or involuntary disappearances, children, freedom of opinion and expression, the right to development, violence against women, independence of the judiciary, racism, mercenaries, internally displaced persons, religious intolerance, and toxic waste. This year's resolution notes the special meeting in June 1994 held for the representatives of these thematic procedures, to better coordinate their efforts and to enhance their respective performance by learning from each other's experiences. The High Commissioner for Human Rights is encouraged in the resolution to strengthen cooperation and communication with and between these thematic procedures. Each of the thematic procedures is also asked to continue to include in their annual reports the gender- aggregated data and particular incidents of abuses against women that they uncover in their investigations. Other suggestions are made both for the thematic procedures and for those working with these mechanisms. UNILATERAL COERCIVE MEASURES L.60 [1995/45] Adopted w/o vote, 3 March 1995. This resolution sponsored by Cuba is directed toward the U.S. trade blockade of Cuba, although it does not expressly name the U.S. It is the second year Cuba has been successful in getting the resolution adopted at the Commission. The General Assembly has also adopted similar resolutions in its last two sessions. U.N. STAFF COMPOSITION L.80 [1995/61] Composition of staff at the Centre for Human Rights. Adopted 35-16-1, 7 March 1995. This resolution has become the vehicle in recent years for various developing countries to express their concern at what they believe is an under- representation of developing countries among the UN human rights staff personnel. Many Western countries dispute the claim of under-representation. The split in the vote on this resolution reflected these differences between Western and developing countries. The resolution urges the Secretary General to submit a comprehensive report to the 1995 session of the General Assembly on this subject. VIOLENCE AGAINST WOMEN L.69 Rev.1 [1995/85] Adopted w/o vote, 8 March 1995. The first report of the new Special Rapporteur on Violence Against Women was received this year. Her report is UN document no. E/CN.4/1995/42. This resolution welcomes the report and commends the Special Rapporteur for her analysis. It also calls on states to ratify the Convention on the Elimination of All Forms of Discrimination against Women by the year 2000 and makes several other recommendations relating to the problem of violence against women. WOMEN AND CHILDREN: TRADITIONAL PRACTICES Sub-Commission draft decision 8 [1995/112]: Adopted w/o vote, 3 March 1995. This resolution refers to the traditional practices in some countries which affect the health of women and children, including the phenomenon of female genital mutilation. For many years a special rapporteur of the Sub-commission has been charged with studying and reporting on this field, Mrs. Halima Embarek Warzazi of Morocco. This resolution extends Mrs. Warzazi's mandate for an additional two year period and asks her to continue to report to the Commission next year on her work. WOMEN'S RIGHTS: INTEGRATING WOMEN'S RIGHTS INTO THE U.N. L.70 Rev.1 [1995/86] Adopted w/o vote, 8 March 1995. This resolution is very similar to the text adopted in the last two years on this same subject. It calls for an intensified effort at the international level to integrate the equal status of women and the human rights of women into the mainstream of United Nations system-wide activity and to address these issues regularly and systematically throughout relevant United Nations bodies and mechanisms. Several specific recommendations are also made in the text of the resolution. WORLD PUBLIC INFORMATION CAMPAIGN L.67 [1995/49] Adopted w/o vote, 3 March 1995. The World Public Information Campaign is an ongoing effort to more widely distribute pamphlets and other written materials about human rights to individuals and organizations. This resolution encourages several different departments and agencies within the U.N. to redouble their efforts in this Campaign and it asks the Secretary General to submit a progress report again next year. ITEM 12: COUNTRY SITUATIONS AFGHANISTAN L.104 [1995/74] Adopted w/o vote, 8 March 1995. Mr. Felix Ermacora, the long-time special rapporteur on Afghanistan, passed away in February 1995, during the Commission's session. His final report was presented posthumously to the Commission, under document no. E/CN.4/1995/64. In this resolution the Commission decided to extend the mandate of the special rapporteur for another year and to appoint a replacement for Professor Ermacora. The latest report is also to be translated into the Dari and Pashtu languages in order to be more widely available within the country of Afghanistan. BOSNIA L.87 Bosnia and Herzegovina. Withdrawn by Turkey, 8 March 1995. Several resolutions were again tabled this year on the situation in various regions of the former Yugoslavia. But all of these resolutions were later withdrawn in lieu of a heavily-negotiated omnibus resolution, L.88, Rev. 1, which is discussed next. BOSNIA L.88 Rev.1 [1995/89] Bosnia, Herzegovina, Croatia, Serbia and Montenegro. Adopted by vote of 44-0-7, 8 March 1995. Preambular paragraph 13 was retained by a separate vote of 29- 2-20. Preambular paragraphs 11, 12, and 30, and operative paragraphs 3 and 10 were retained by a separate vote of 35-2- 14. This resolution marked several significant achievements in the context of Commission proceedings. First, it is believed to be the longest resolution ever passed, comprising some fourteen pages in the English text, addressing many of the most important human rights aspects of the conflicts in former Yugoslavia. Second, the resolution represents an unprecedented and successful consensus-building effort by its chief sponsor, the U.S., since all factions in the Bosnia debate agreed to join this text and to withdraw their competing drafts (this is the first time that such a consensus had been achieved since the outbreak of the original conflicts). Third, despite the compromise text Bosnia itself was able to co-sponsor the text this year, something which has not always been possible in the past years' resolutions. However, Russia again found it difficult to support some of the text in the resolution and called for separate votes on several portions of the resolution so that it could vote its opposition to such language. Russia abstained in the final vote, however, so that the resolution was passed with 44 yes votes, no votes against, and seven abstentions. The Commission had called its first ever emergency session in August 1992 when the conflict in former Yugoslavia first broke out. At that time a special rapporteur was appointed, Mr. Tadeusz Mazowiecki from Poland, who has since produced ten periodic reports on various aspects of the human rights abuses in the regions of former Yugoslavia. Mr. Mazowiecki's reports have provided invaluable insights and information into the human rights abuses, victims and perpetrators in the region. This resolution asks Mr. Mazowiecki to continue his work for another year, urges cooperation with the efforts of the Prosecutor of the International War Crimes Tribunal on Former Yugoslavia, urges continued work by the representative of the Working Group on Enforced or Involuntary Disappearances to investigate the fate of missing persons in the region, and expresses grave concern at the continued deterioration of conditions throughout the region, particularly in Kosovo against ethnic Albanians and in Sandjak and Voyvodina against the Bulgarian minority. KOSOVO L.99 Withdrawn by sponsors in lieu of the consensus text in L.88 rev.1, discussed above. Russia's proposed amendments to this draft resolution in document L.111 were also withdrawn. BOUGAINVILLE L.48 [1995/65] Papua New Guinea Bougainville. Adopted w/o vote, 7 March 1995. For several years the Commission has examined the human rights practices on the Papua New Guinea island of Bougainville under item 12 of the agenda. The Papua New Guinea government attended the session and contributed to the deliberations for the first time this year. The resolution expresses regret at the inability of the special rapporteurs on executions and torture to visit Bougainville this year, since it had been hoped at the time of last year's resolution that those visits would be possible. The government assured the Commission this year in its comments before the vote, that it would cooperate with the Secretary General and all relevant rapporteurs of the Commission during the upcoming year. BURUNDI L.94 Rev.1 [1995/90] Adopted w/o vote, 8 March 1995. Burundi's continuing ethnic tensions and its proximity to neighboring Rwanda have caused great concern to the Commission. Several experts have expressed the opinion to the Commission that Burundi may soon erupt into another violent ethnic confrontation like the case of Rwanda. The reports of the Secretary General on rising tensions in the country were submitted as documents E/CN.4/1995/50/Add.2 and E/CN.4/1995/66. For these reasons the Commission this year took extraordinary steps in dispatching human rights teams and mechanisms into the country, in an effort to head off violent ethnic conflicts. The resolution calls for the appointment of a new rapporteur on Burundi, the deployment of human rights experts and observers throughout the country, and also asks the special rapporteur on extrajudicial, summary or arbitrary executions to visit the country. The estimated 1995 budget for these operations is $3.268 million, an extraordinary amount for such a start-up operation, but an indication of how seriously the Commission views the need to launch a preventive action program. CHINA L.86 No action motion defeated by vote of 22-22-9, 7 March 1995. Resolution defeated by vote of 20-21-12, 8 March 1995. This is the first time that a resolution against China has successfully passed the hurdle of a no-action motion, a procedural maneuver that China had initiated each of the last five years to avoid a formal debate on the topic. However, the no action motion was only defeated by a tie vote. By the time the resolution itself was voted on, its sponsors had lost two of their supporters so that the resolution was defeated, this time by a vote of 20-21-12. Among the countries who had voted against the no action motion but who switched their subsequent vote were Russia (who had announced in prior years that this would be its voting pattern if the no action motion were defeated) and the Philippines (who voted against the no action motion but abstained from the vote on the resolution itself). In addition, Egypt and Ethiopia had both voted with China on the no action motion, but abstained on the resolution vote. COOPERATION WITH UN BODIES L.108 [1995/75] Cooperation with UN human rights bodies. Adopted w/o vote, 8 March 1995. This resolution is an annual vehicle within which to discuss the problem of reprisals taken against persons who cooperate with UN human rights investigations. The resolution asks the Secretary General to compile another report next year, chronicling this problem and urges Governments to refrain from acts of intimidation or reprisal against such persons. CUBA L.74 [1995/66] Adopted by a vote of 22-8-23, 7 March 1995. A resolution critical of the human rights practices of the Cuban government has been adopted for each of the last several years. The Special Rapporteur charged with investigating conditions in Cuba, Mr. Carl Johan Groth of Sweden, was again denied entry to the country during the past year. The High Commissioner for Human Rights, however, was invited to visit the country in November 1994. The resolution renews Mr. Groth's mandate for another year and asks the Cuban government to cooperate. In its comments before the vote the Cuban government blasted the U.S. for again sponsoring this resolution against it and maintained that Cuba has nothing to be ashamed of in its human rights practices. EQUATORIAL GUINEA L.96 [1995/71] Adopted w/o vote, 8 March 1995. The special rapporteur on Equatorial Guinea, Mr. Alejandro Artucio, submitted his 1995 report under document no. E/CN.4/1995/68. The resolution notes certain improvements in the human rights conditions of Equatorial Guinea since last year, but decides to extend Mr. Artucio's mandate for another year. EXECUTIONS L.102 [1995/73] Extrajudicial, summary or arbitrary executions. Adopted w/o vote, 8 March 1995. The post of special rapporteur on extrajudicial, summary or arbitrary executions was one of the first thematic procedures established by the Commission. The post is currently held by Mr. Bacre Waly Ndiaye. This year marks the eleventh year of the procedure's existence and the second year for Mr. Ndiaye. The mandate of the special rapporteur was up for extension or termination this year, along with several of the other thematic posts. The Commission decided to extend the mandate for an additional three year period. The resolution notes the special rapporteur's latest reports (E/CN.4/1995/61 and Add.1 and E/CN.4/1995/111) and requests that he continue his reporting as well as submit an interim report this year to the General Assembly for its next session. The special rapporteur is also asked to draw to the attention of the High Commissioner for Human Rights any situations where early action by the High Commissioner might prove useful. HAITI L.95 [1995/70] Adopted w/o vote, 8 March 1995. Conditions in Haiti have obviously improved since the return of President Aristide. The Commission's Special Rapporteur on Haiti, Mr. Marco Tulio Bruni Celli, submitted his 1995 report to the Commission, under document no. E/CN.4/1995/59. As a consequence of the recent political changes, the Special Rapporteur's mandate was allowed to expire this year and a different post, an independent expert, will be appointed to monitor the new government's progress. The discussion of Haiti is also to be moved next year to agenda item 21, under advisory services. The practice of replacing a special rapporteur with an independent expert and moving a particular country from item 12 to item 21 is considered to be an appropriate way to welcome improvements in a country's conditions while still remaining engaged in a dialogue for further improvements. IRAN L.90 [1995/68] Adopted 28-8-17, 8 March 1995. The resolution on Iran renews the mandate of the Special Representative Mr. Galindo Pohl, whose 1995 report can be found at UN document no. E/CN.4/1995/55. The resolution expresses deep concern at continued human rights violations in Iran, widespread use of the death penalty, and continuing threats against Mr. Salman Rushdie, and makes several other recommendations to the government to improve human rights in its country. IRAQ L.89 [1995/76] Adopted 31-1-21, 8 March 1995. The resolution on Iraq again renews the mandate of special rapporteur Max van der Stoel for another year. His 1995 report is UN document no. E/CN.4/1995/56. The resolution commends the special rapporteur's report, expresses strong condemnation of Iraq's continuing human rights abuses, calls upon the Government to resolve cases of missing Kuwaitis and nationals, demands the restoration of the independence of Iraq's judiciary, and makes several other pleas to the government to respect the human rights of its citizens. MYANMAR L.101 Adopted w/o vote, 8 March 1995. The mandate of the special rapporteur on Myanmar, Mr. Yozo Yokota, was extended for another year. His most recent report is in E/CN.4/1995/65 and Corr.1. Human rights problems in Myanmar were also chronicled this year in the thematic reports of the Working Group on Arbitrary Detention and the Special Rapporteur on extrajudicial, summary or arbitrary executions. The resolution deplores the continuing human rights violations in the country and urges again the release of political dissident Daw Aung San Suu Kyi and other leaders of the National League for Democracy. Several other human rights problems in the country are addressed in the resolution, including numerous incidents of forced labor. NIGERIA L.100 Rejected by a vote of 17-21-15, 8 March 1995. A resolution was tabled this year against Nigeria and its human rights practices but the resolution did not have the support of the African region and it was not adopted. The text of the resolution criticized the government's restrictions on travel, its movement away from democratic reforms and other human rights abuses. In the debate the representative from Nigeria stated that the problems in Nigeria were only political and that a final report on political reforms was expected shortly from the recently convened national conference. The representative said that his government intended to take action very quickly on the recommendations in the report. He assured the Commission that democratic rule would return to the country very quickly. The delegate also criticized some of the co-sponsors of this draft resolution for not having clean hands to criticize his country and for "living by a different set of rules for the rich and powerful." RWANDA L.107 [1995/91] Adopted w/o vote, 8 March 1995. In May 1994 the Commission called a special session to address human rights issues in Rwanda after the violence broke out there. A special rapporteur was appointed and a team of human rights monitors was deployed to the country. The first reports of the special rapporteur, Mr. R‚n‚ Degni-S‚qui, are found in documents E/CN.4/1995/7, E/CN.4/1995/11, E/CN.4/1995/12, E/CN.4/1995/70 and E/CN.4/1995/71. The human rights monitoring team was placed under the supervision of the High Commissioner for Human Rights and the Secretary-General. This resolution extends the mandate of the special rapporteur for an additional year and supports efforts to keep the monitoring team in place for the foreseeable future. Some comments during the voting indicated that some delegations, notably Cuba and Mexico, viewed some portions of the resolution as encroaching into the jurisdiction of the Security Council and inappropriate as a result. Nonetheless the resolution was adopted by consensus, with Cuba not participating in the vote. SOUTHERN LEBANON L.76 [1995/67] Southern Lebanon and western Bekaa. Adopted by vote of 48-1-4, 7 March 1995. Egypt introduced this resolution, again criticizing Israel for occupying territories in southern Lebanon and the western Bekaa, and for failing to permit a humanitarian mission of the International Red Cross into the region. The vote of 48-1-4 included the U.S. as the only no vote and four abstentions by Australia, Benin, Dominican Republic and the Philippines. SUDAN L.93 [1995/77] Adopted 33-7-10, 8 March 1995. The special rapporteur charged with investigating human rights conditions in Sudan, Mr. G sp r Bˇr˘, has again produced a report chronicling human rights problems in the country (E/CN.4/1995/58). This year's resolution extends his mandate for an additional year. The resolution also criticizes Sudan for its refusal to permit the special rapporteur to visit the country since 1993, its detention of political prisoners, its policies and practices which support or condone the forced sale or trafficking in children which is occurring in the country, human rights violations occurring against women and girls, and the deliberate and indiscriminate aerial bombardment of civilian targets. The resolution also asks the Special Rapporteur to begin consultations with the Secretary General on modalities leading to the placement of human rights monitors in the field to assist in detecting human rights violations in Sudan. Sudan's response was particularly heated, dismissing the resolution as "a crude resurrection of the 19th century jingoist crusade against Islam." UNITED STATES L.26 Rev.2 Racism in the U.S. Rejected by a vote of 3-32-18, 7 March 1995. This resolution was tabled by Cuba and was an effort to criticize the incidents of racism in the U.S. reported this year in the thematic report on racism, prepared by Mr. Maurice Gl‚l‚-Ahanhanzo of Bhutan, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance. His report is UN document no. E/CN.4/1995/78/Add.1. The resolution was defeated, with only Cuba, China and the Sudan voting yes, but it is believed to be the first time that a resolution critical of U.S. human rights practices has ever been introduced under item 12 of the Commission's agenda. (Item 12 is the agenda item where traditionally serious violations of human rights are to be discussed). Significantly this year marked the first time that three of the five permanent members of the UN Security Council (China, Russia and the U.S.) found themselves the subject of draft resolutions or other actions under item 12. ZAIRE L.91 [1995/69] Adopted w/o vote, 8 March 1995. A special rapporteur, Mr. Roberto Garret˘n, has also been appointed to monitor human rights conditions in Zaire. Other rapporteurs and representatives preceded him. Mr. Garret˘n's first report is E/CN.4/1995/67. The resolution extends his mandate for another year and notes with concern the many human rights violations identified in his report, including delays in the promised transition to a democratic form of government. The resolution's sponsor, France, noted however that the government of Zaire has positively responded to several suggestions and that some improvements have been noted from last year. Among the recommendations in the resolution are an invitation to the High Commissioner for Human Rights to consider sending two experts in the field of human rights to consult with the Government of Zaire, in order to monitor the situation of human rights and to give advice to the governmental authorities as well as to non-governmental organizations. Statements of the Chair Note: the following statements were made by the chair, in lieu of a formal resolution or decision by the Commission against the subject country. Note also that a statement read on Sri Lanka was instead placed under item 3 of the agenda and is reported above under that agenda item. CHECHNYA * Statement on situation in Chechnya, read by the Chair under item 12, 27 February 1995. In surprising candor, the delegation from the Russian Federation at the Commission admitted that human rights conditions in Chechnya were a problem. The Russian delegation helped to negotiate a compromise "chairman's statement" expressing concern over the current Chechnyan situation. It was widely reported immediately after the session that the head of the Russian delegation, Mr. Sergei A. Kovalev, was dismissed from his post by the Russian parliament, apparently in part due to these actions. See, e.g., Fred Hiatt, "Russian Parliament Fires Outspoken Rights Official," Intl Herald Tribune, March 11, 1995, p.2. The Chechnyan statement expresses deep concern at the disproportionate use of force by the Russian Armed Forces, the grave violations of human rights before and after the beginning of the present crisis, and the violations of international humanitarian law. The statement calls for an immediate cessation of fighting and of the violations of human rights, an immediate humanitarian ceasefire and an unhindered delivery of humanitarian aid to all groups of the civilian population in need. Recent initiatives by the OSCE are commended. The High Commissioner of Human Rights is requested to continue a dialogue with the Russian Government. The statement also indicates that the Commission will consider the situation in Chechnya again at its 1996 session and the Secretary General is asked to prepare a progress report for that session. COLOMBIA * Letter from Colombia read by the Chair and taken note of by the Commission, 6 March 1995. In the case of Colombia, a slight change in the sequence of events was negotiated. Rather than the Chair reading a negotiated statement, the Colombian government was allowed to present its letter of understanding which was then read by the Chair. The letter was dated February 28, 1995 but presented to the Commission on March 6, 1995. In the letter Colombia expresses its willingness to continue to cooperate with the thematic rapporteurs who have asked to visit the country. A high level committee will be established, charged with following up on any recommendations made by visiting rapporteurs. In the letter the Colombian government also asks the U.N. to provide it with technical assistance to implement these proposed changes. In addition, the Colombian government indicates that a staff member of the High Commissioner for Human Rights office will work with Colombian authorities in order to evaluate ways to strengthen human rights protections in the country. Among priority issues is the reform of the military penal code of procedure. In this regard the Colombian representative also indicates in his letter that the President would be convening a commission within the week to begin drafting a new code. CYPRUS * Draft decision on the situation in Cyprus read by the Chair, adopted w/o vote, 8 March 1995. For a number of years the Commission has placed the situation of Cyprus on its agenda but has not adopted any substantive resolutions pertaining to it. Nonetheless the Secretary General has been asked each year to produce a report of developments in the country and both sides each year are encouraged to resolve their differences. The most recent report of the Secretary General is found in document no. E/CN.4/1995/69. The Commission again this year decided to continue the question of Cyprus on its agenda and to continue all actions previously put in place, but no substantive resolution addressing Cyprus was tabled. EAST TIMOR * Statement on the situation in East Timor, read by the Chair under item 12, 1 March 1995. East Timor has been the subject of resolutions or chairman's statements before the Commission for each of the last several years, in particular since the violent massacre of civilians in the notorious Dili incident of November 1991. The Indonesian delegation each year attempts to negotiate a compromise text, in order to avoid a formal voted resolution on the subject. This year the negotiations led to a statement from the chair which expressed deep concern over the continuing reports of violations, including recently reported increased tensions and a violent incident where six people were killed. The statement welcomed the decision of the Indonesian Government to investigate this recent incident and to make public its findings. It also called on the Government to implement the findings of the Special Rapporteur on extrajudicial, summary or arbitrary executions to promote human rights in East Timor. The incomplete information concerning the number of people killed and unaccounted for from the Dili incident was still of great concern, according to the statement. The Indonesian Government was urged to continue investigations and to treat those in custody humanely. The statement also urged the Government to continue the granting of access into East Timor to humanitarian organizations and the media and to allow a visit by the High Commissioner for Human Rights. It also stressed the importance of continuing the promotion of confidence-building between the Governments of Indonesia and Portugal. 1503 RESULTS Note: 1503 refers to the confidential proceedings undertaken against some countries when a consistent pattern of gross human rights violations are alleged against them in complaints filed by individuals or non-governmental organizations. The details of these investigations are rarely disclosed, but the names of the countries subjected to this process are announced at each session. Sometimes special rapporteurs are appointed by the Commission to assist in investigating these allegations and in monitoring year-to-year commitments. Some countries are kept "in the dock" for a number of years in these 1503 proceedings. The following countries continue under confidential 1503 consideration, by public announcement on 22 February 1995: 1. Armenia 2. Azerbaijan 3. Chad 4. Saudi Arabia Consideration of the following countries was discontinued by public announcement on 22 February 1995: 1. Albania 2. Lao People's Democratic Republic 3. Latvia 4. Moldova 5. Rwanda 6. Slovenia 7. Thailand 8. Uganda ITEM 13: MIGRANT WORKERS MIGRANT WORKERS CONVENTION L.21 [1995/21] Adopted w/o vote, 24 February 1995. This international convention has not yet received sufficient signatures to come into force. The full name of the convention is the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The resolution urges more states to sign and ratify the convention, asks the Secretary General to report on ratification progress next year and decides to consider this matter again next year under this agenda item. WOMEN MIGRANT WORKERS L.15 Rev.1 [1995/20] Violence against women migrant workers. Adopted w/o vote, 24 February 1995. This was the first year that a resolution on this subject had been considered by the Commission. It was sponsored by the Philippines. The resolution calls for greater awareness of the problem of violence against women migrant workers, urges states to ratify the International Convention on Migrant Workers, requests treaty monitoring bodies to pay particular attention to this problem in their work, invites the Special Rapporteur on Violence Against Women to investigate this phenomenon, and decides to consider this subject again next year under this agenda item. ITEM 14: SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS BIOETHICS L.97 Rev.1 [1995/82] Adopted w/o vote, 8 March 1995. This topic is considered every other year by the Commission, in order to continue to evaluate the human rights implications of the bioethics field. The resolution calls upon all concerned to ensure that the life sciences develop in a manner respectful of human rights, invites states to inform the Secretary General of legislative or other measures taken in their countries to this effect, requests the Sub-commission to continue to consider this subject, and requests the Secretary General to prepare another progress report in two years, that is in 1997. COMPUTERIZED FILES GUIDELINES L.73 [1995/114] Guidelines for computerized personal data files. Adopted w/o vote, 8 March 1995. This topic which is also considered by the Commission every other year provides an opportunity to monitor progress in the implementation of the 1990 guidelines for the regulation of computerized personal data files which were adopted by the General Assembly. The purpose of the guidelines is to protect the privacy rights of the persons whose files have been computerized. This 1995 decision of the Commission requests that states and intergovernmental organizations provide relevant information on the application of the guidelines, that the Secretary General continue to ensure that the guidelines have been implemented within the UN system, and that the Secretary General give a progress report in two years, in 1997. TOXIC WASTES L.47 [1995/81] Toxic and dangerous wastes. Adopted by a vote of 31-15-6, 8 March 1995. In a surprising development a new special rapporteur's post was created this year to study the problem of illicit dumping of toxic and dangerous substances and wastes in African and other developing countries and to investigate their impact on the enjoyment of human rights, in particular on the rights to life and health. Several Western countries objected that the mandate of such a rapporteur drifted too far from a legitimate human rights topic and that it squandered scarce financial resources of the Commission. Nonetheless, efforts to weaken the text and to remove the special rapporteur's post were defeated by a vote of 22-29-1 (the amendments appeared as L.112, tabled by France). The resolution's key sponsor, Kenya, indicated that many African nations were very frustrated by the lack of activity under the new Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. They wanted a special rapporteur to assume the responsibilities that a treaty body has apparently, for financial and other reasons, been unable to fill. In addition to studying the problem of illicit dumping, the new special rapporteur will be empowered to receive and investigate communications, make recommendations and produce an annual list of countries and transnational corporations allegedly engaged in illicit dumping. The latter report may become similar in form to the lengthy reports previously published each year on investments in South Africa. The special rapporteur will have an initial mandate of three years, like the mandate of other thematic procedures established by the Commission. The resolution also requests the Secretary-General to establish a "focal unit" within the Human Rights Centre dedicated to this topic, with the specific task of following up on the findings of the Special Rapporteur and other related issues. It is not clear what is meant by a "focal unit" in this context and it appears that this portion of the resolution will not be implemented until after the Special Rapporteur's first report in 1996. TOXIC WASTES L.112 France's amendments to L.47 [on toxic wastes]. Rejected by a vote of 22-29-1, 8 March 1995. These were the amendments that were offered to remove the special rapporteur's post and other provisions from the resolution sponsored by Kenya on toxic wastes. It was defeated by a roll call vote of 22-29-1. ITEM 15: APARTHEID APARTHEID CONVENTION L.9 [1995/10] Implementation of the International Convention on Apartheid. Adopted w/o vote, 17 February 1995. The Apartheid Convention has had a treaty monitoring body for many years, known as the Group of Three, which has regularly reported to the Commission under this agenda item. The resolution this year notes the successful dismantling of apartheid, as defined by the International Convention, everywhere in the world. As a consequence, the meetings of the Group of Three are suspended as of the adoption date of this resolution and this agenda item is to be removed from the Commission's future agenda. ITEM 16: RACISM MEASURES TO COMBAT RACISM L.23 [1995/12] Adopted w/o vote, 24 February 1995. This resolution is the vehicle by which the most recent report of the Special Rapporteur on racism is discussed. Special Rapporteur Maurice Gl‚l‚-Ahanhanzo's report is in document no. E/CN.4/1995/78 and Add.1. His mandate continues for two more years. The resolution includes a reference to anti-semitism as one of the racist tendencies that the special rapporteur is charged with investigating; this language had been heavily contested in the 1994 resolution but received very little comment this year. The resolution also notes with regret the lack of resources made available to the Special Rapporteur during the year and the difficulties he encountered in preparing his present report as a result. THIRD DECADE PROGRAMME OF ACTION L.17 [1995/11] Implementation of Programme of Action, Third Decade against Racism. Adopted w/o vote, 24 February 1995. The U.N.'s battle against racism has taken the form over the years of its so-called Decades of Action. The First Decade of Action began in 1973. The Second Decade was begun in 1983. The Third Decade was entered recently in 1993 and this resolution chronicles developments under that program to date. The resolution also takes note of the special plight of migrant workers in this field and calls for more financial donations to better pursue the programs of the Third Decade of Action. The resolution also invites the Secretary General to establish a focal unit within the Centre for Human Rights dedicated to reviewing information and making recommendations in this field. WORLD CONFERENCE ON RACISM L.34 [1995/104] Cuba's amendment to the Sub-Commission's decision on the World Conference on racism. Adopted w/o vote, 24 February 1995. This amendment deleted the reference to 1997 as the year in which the proposed World Conference on Racism is to take place. The remaining language of the draft text, summarized below, was adopted without change. WORLD CONFERENCE ON RACISM Sub-Commission draft decision 1: World conference against racism. After being amended by Cuba's text, this resolution was adopted without a vote, 24 February 1995. The resolution suggests, through the Economic and Social Council, that the General Assembly consider the possibility of convening a world conference against racism, racial and ethnic discrimination, xenophobia and other related contemporary forms of intolerance. ITEM 17: STATUS OF THE INTERNATIONAL COVENANTS L.19 [1995/22] Adopted w/o vote, 24 February 1995. This resolution provides the vehicle through which developments under the two principal international human rights covenants are discussed each year, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. This year the resolution notes the efforts of the two respective treaty bodies to harmonize their procedures, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights. Efforts to elaborate a draft optional protocol under the Economic, Social and Cultural Rights Covenant are also noted. Better dissemination of information and more workshops to help countries timely prepare their reports under both treaties are urged. Another status report on the International Covenants will be given at next year's session. SUCCESSION OF STATES L.20 [1995/18] Succession of states, treaty obligations. Adopted w/o vote, 24 February 1995. This resolution is aimed at those countries which have recently received their independence from larger governments and who have not yet confirmed their commitment to existing human rights treaties by communities with the appropriate treaty depositories. The resolution hints at the growing belief that successor states are bound by the treaty commitments made by their predecessor governments, regardless of their express willingness to be so bound, but an express statement to this effect is not made in the resolution and such a statement is probably not yet universally accepted among member states of the Commission. ITEM 18: EFFECTIVE FUNCTIONING OF TREATY BODIES AND INTERNATIONAL INSTRUMENTS L.28 [1995/92] Adopted w/o vote, 8 March 1995. This resolution notes recent amendments made by the General Assembly to the Convention on the Elimination of All Forms of Racial Discrimination and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, aimed at improving the funding and effectiveness of the treaty bodies established under each convention. The resolution urges states to confirm their approval of such amendments so that the amended provisions can come into effect. The resolution also notes the computerized database which is to be established to assist the treaty bodies in their work, and solicits voluntary contributions to finance the computer project. The chairs of the various treaty bodies have been meeting periodically to compare notes and improve coordination and the resolution supports further such meetings in the future. The treaty bodies are also encouraged to examine ways of reducing the duplication of reporting presently required by the different instruments, as well as the overlap between the treaty bodies and the International Labour Organization's instruments. It is also recommended that a report prepared by Mr. Philip Alston in connection with the 1993 World Conference on Human Rights on some long-term approaches to enhancing the effective operation of the treaty system be followed-up in the next year (A/CONF.157/PC/62/Add.11/Rev.1). The resolution also welcomes the recommendation of the treaty body chairs in one of their recent meetings that the human rights of women be closely monitored by each treaty body within the competence of the mandate of each. ITEM 19: REPORT OF THE SUB-COMMISSION DISABLED PERSONS L.46 [1995/58] Disability. Adopted w/o vote, 3 March 1995. This resolution welcomes work recently done by the Committee on Economic, Social and Cultural Rights to draw attention to the rights of disabled people. The resolution invites governments and others to provide meaningful assistance to disabled people and makes a number of other recommendations. HUMANITARIAN IMPLICATIONS OF UN ACTIONS L.42 [1995/107] Adopted w/o vote, 3 March 1995. By the terms of this resolution the Commission rejected another study proposed by the Sub-commission for its future sessions. The study, to review the humanitarian implications of UN actions such as those of the Security Council and peacekeeping forces, was viewed by the resolution's sponsors as overly broad and ill- defined, and tending to second guess past and on-going efforts of other UN organs who are not answerable to the Commission. After considerable debate, the resolution was adopted by consensus. HUMANITARIAN STANDARDS L.33 [1995/29] Minimum humanitarian standards. Adopted w/o vote, 3 March 1995. This resolution was new for the Commission this year and received extensive consultations before a consensus text was reached. The resolution invites states to consider reviewing their national legislation for consistency with international humanitarian standards in times of public emergency, including avoiding discrimination on the ground of race, colour, sex, language, religion or social origin. The Sub-commission's recent effort to draft a Declaration of Minimum Humanitarian Standards in this regard is also noted and the Commission decides that the Declaration will be transmitted to governments, intergovernmental and nongovernmental organizations for their comments and a report will be submitted next year on this subject. INDIGENOUS POPULATIONS, WORKING GROUP L.61 [1995/31] Report of the Working Group on Indigenous Populations. Adopted w/o vote, 3 March 1995. This resolution congratulates the Working Group on its drafting efforts over the last several years and authorizes it to meet again in the summer of 1995 for five working days before the regular session of the Sub-commission session. INDIGENOUS PEOPLES: DRAFT DECLARATION L.62 [1995/32] Working group of the Commission to consider the draft declaration on indigenous peoples. Adopted w/o vote, 3 March 1995. This resolution establishes a working group at the Commission level to consider the draft declaration on the rights of indigenous peoples that has been prepared by the Sub-commission level working group. An annex sets out proposed guidelines for the participation of indigenous organizations in the work of the group, including organizations who otherwise are not credentialed to attend Commission-level meetings and conferences. INDIGENOUS PEOPLES: PROTECTION OF THE HERITAGE OF Sub-Commission draft decision 14: [1995/108] Adopted w/o vote, 3 March 1995. This resolution continues the study at the Sub-commission level on principles and guidelines for the protection of the heritage of indigenous people. The draft principles and guidelines are now to be submitted to indigenous groups and nongovernmental organizations for comment. INDIGENOUS TREATIES Sub-Commission draft decision 17: [1995/109] Study on treaties, agreements and other constructive arrangements between States and indigenous populations. Adopted w/o vote, 3 March 1995. This resolution continues the study at the Sub-commission level on indigenous treaties. The second progress report of the special rapporteur is expected at the Sub-commission's 1995 session. INDIGENOUS PEOPLES PERMANENT FORUM L.45 [1995/30] Permanent Forum for Indigenous Peoples. Adopted w/o vote, 3 March 1995. A workshop to study ways and means of establishing a permanent forum for indigenous peoples in the UN system is to be held in the summer of 1995, before the Sub- commission's regular session, with a view to ultimately establishing such a forum. A temporary forum for indigenous peoples has existed over the last several years as the Draft Declaration for Indigenous Peoples has been negotiated and submitted to the Commission. Now that the drafting task is complete, many indigenous groups and human rights advocates have supported the idea of turning the temporary forum into a permanent fixture of the UN. INTERNATIONAL DECADE OF WORLD'S INDIGENOUS PEOPLE L.41 [1995/28] International Decade of World's Indigenous People. Adopted w/o vote, 3 March 1995. A program of activities for 1995 is proposed for the International Decade of the World's Indigenous People. The concept of the "Decade" has been approved by the General Assembly, but its programmatic implementation is getting under way very slowly. This resolution proposes a list of activities for 1995. The programme of activities includes establishment of a voluntary fund, publication of an information booklet, technical meetings and workshops. SLAVERY L.39** [1995/27] Contemporary forms of slavery. Adopted w/o vote, 3 March 1995. This resolution comments on the work of the Working Group of the Sub-commission devoted to a review of contemporary forms of slavery. This year's resolution asks the Sub-commission to reconsider several proposals, including a study on child labor, a draft program of action, and proposals for funding the voluntary fund on slavery. TRAFFIC IN WOMEN AND GIRLS L.37 [1995/25] Adopted w/o vote, 3 March 1995. This is another first time resolution for the Commission. The draft was sponsored by the Philippines. The resolution welcomes recent efforts to study the problem of trafficking in women and girls, encourages governments to gather and share information on anti-trafficking measures, and encourages states to sign and ratify the Slavery Convention and the new Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others. Further studies are also proposed. WORK OF THE SUB-COMMISSION L.38 [1995/26] Adopted w/o vote, 3 March 1995. This is the resolution which affords the Commission an opportunity to comment on the work of the Sub-commission, including its methods of work. This year's resolution makes several comments aimed at convincing the Sub-commission to curtail its agenda and the number of studies it undertakes at any one time. The Commission takes note of the Sub-commission's decision to experiment in 1995 by beginning its session with a discussion of country situations (the most time consuming portion of its agenda), rather than delay this item until late in the session. The Commission also calls the Sub-commission's attention to the Sub-commission's own 1992 commitment to limit the number of studies being considered at any one session and to ensure that each completed study is accompanied by a short summary, in order to facilitate the widest possible dissemination. Three other studies proposed in separate resolutions of the Sub-commission were also rejected by the Commission. These studies are summarized elsewhere in this article, on gross violations of human rights as international crimes (under item 11), slavery (under this item 19) and the humanitarian implications of UN actions (also under this item 19). ITEM 20: MINORITIES L.32 [1995/24] Minorities. Adopted w/o vote, 3 March 1995. This resolution represents perhaps one of the most significant developments of the 1995 Commission session. Under it, the Sub-commission is authorized to establish, initially for a three-year period, an inter-sessional working group consisting of five Sub-commission experts, to meet for five working days to promote the rights of persons belonging to national or ethnic, religious and linguistic minorities. The working group will be charged with reviewing the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, recommending measures for protecting minorities, and promoting a dialogue between minorities and their Governments. The proposal must also be approved by the Economic and Social Council before it is final. ITEM 21: ADVISORY SERVICES ADVISORY SERVICES VOLUNTARY FUND L.72 [1995/53] Adopted w/o vote, 3 March 1995. This is the general resolution which each year addresses the status of the advisory services program of the U.N. and the voluntary fund which in part supports it. Advisory services of a technical and legal nature are offered to countries genuinely interested in reforming their legal systems and human rights mechanisms. This year's resolution calls upon treaty bodies to identify appropriate projects deserving of support from the advisory services program, requests strict and transparent project management rules for the Voluntary Fund, urges close cooperation with non-governmental organizations in the work of the advisory services program, and asks the Secretary General to provide another progress report at next year's session. Sudan, Cuba and others expressed some concern about the reference to non-governmental organizations in the text of the resolution. CAMBODIA L.79 [1995/55] Adopted w/o vote, 3 March 1995. Cambodia is another country which has received both Commission scrutiny and a general peacekeeping mission of the Security Council in recent years. The Commission has appointed a special representive to monitor human rights conditions and make recommendations. The special representative's report this year is E/CN.4/1995/87 and Add.1. A number of needed reforms are highlighted in this report. This year's resolution continues the mandate of the special representative for an additional year, expresses grave concern over continuing reports of human rights violations and condemns unreservedly all threats by the Khmer Rouge, including the widespread use of land-mines. EL SALVADOR L.30 Rev. 1 [1995/63] Adopted w/o vote, 7 March 1995. The situation of El Salvador had been moved to the advisory services item of the Commission's agenda in 1994, after several years of switching it back and forth between item 12 and item 21, as the various expert and special rapporteur reports chronicled the ebb and flow of human rights abuses in the country from year to year. The Latin American regional group and El Salvador itself had been particularly active in lobbying for item 21 consideration, in order to avoid the perceived stigma of an item 12 discussion. However, the appointment of an independent expert to continue to monitor the human rights conditions in the country represented the Commission's effort, in part, to retain some of the item 12 scrutiny that was felt to be needed. Conditions in El Salvador had again improved considerably over 1994 and the Latin American region was successful in terminating the mandate of the independent expert in this year's resolution as well as formally removing the country from the official agenda. Some limited scrutiny by the High Commissioner of Human Rights is alluded to in the final resolution but the nature and extent of such oversight is not clear. Several delegations felt that the termination of the formal independent expert process was premature, since many of the recommended reforms had not yet been implemented by the Government and scattered reports of human rights abuses were continuing to filter in. However, these opponents did not have the necessary votes to pass a tougher resolution and elected to join a consensus resolution instead. The Salvadoran Government appeared before the Commission and promised a continuing commitment to human rights improvements. The country's Minister of Foreign Affairs addressed the Commission late in the session to outline the Government's program of reforms and to promise cooperation with the technical assistance advisors of the U.N. in implementing various judicial and legislative reforms. Proposed amendments to this resolution, tabled as document no. L.106 from the Netherlands, were ultimately withdrawn by the sponsor, on 7 March 1995. GUATEMALA L.49 [1995/51] Adopted w/o vote 3 March 1995. Guatemala has also lobbied hard in past years to be placed under item 21 rather than item 12 of the agenda. An independent expert has continued to file reports on country conditions and this year's report, E/CN.4/1995/15, again noted serious incidents of human rights abuses, and needed reforms of the police system, military, judiciary and prison system. Human rights abuses continue to be a serious problem in the country, although some improvements have been noted in recent years. The resolution passed by the Commission extends the mandate of the independent expert for another year. The Guatemalan report will be considered next year under either item 12 or item 21, depending on the severity of the report's conclusions. RULE OF LAW L.77 [1995/54] Strengthening the rule of law. Adopted w/o vote, 3 March 1995. This resolution provides a vehicle to address UN programs aimed specifically at strengthening legal systems and the rule of law. There has been a general sense both in the Commission and the General Assembly that UN programs require a more unified, focussed effort in channeling resources toward this objective. This sentiment was also included in the final text of the Vienna declaration of the World Conference on Human Rights in 1993. This year's resolution calls on the High Commissioner for Human Rights and the Secretary General to develop some programmatic proposals on this subject and to submit reports to next year's General Assembly and Commission sessions. SOMALIA L.85 [1995/56] Adopted w/o vote, 3 March 1995. The human rights situation of Somalia continues to be a matter of serious concern for the Commission but its human rights monitoring efforts have been downgraded substantially in recent years. The human rights unit associated with the UN peacekeeping operation in Somalia was withdrawn in March 1995. The independent expert appointed by the Commission in prior years has been unable to visit the country and thus unable to fulfill his mandate. This resolution decides to continue the independent expert's mandate for another year and also asks the Secretary-General to report to the Commission next year on the human rights progress in Somalia. TOGO L.71 [1995/52] Adopted w/o vote, 3 March 1995. [L.66, sponsored by France and also on Togo, was withdrawn in lieu of the African draft, L.71]. Togo had first come under Commission scrutiny in 1993 as an item 12 resolution, noting at that time serious human rights abuses. A resolution in 1994 noted some progress and promised that the situation would be evaluated in 1995 under an agenda item appropriate to the nature of the country's conditions at that time. Since more improvements had been noted in 1995 reports, the resolution was considered for the first time this year under item 21. Togo itself sponsored the compromise text which achieved a consensus vote, after France withdrew its competing resolution. A provision was added to the final text to achieve consensus, providing for a follow-up report by the Secretary-General's office next year and, if the report is favorable, a commitment to conclude consideration of Togo in the 1996 session. ITEM 22: RELIGIOUS INTOLERANCE L.31 [1995/23] Adopted w/o vote, 24 February 1995. The special rapporteur on religious intolerance is another of the long- standing thematic procedures established by the Commission. His current report is in document E/CN.4/1995/91. This resolution again extends his mandate for another three years and encourages Governments to extend invitations to him to visit their countries to further carry out his mandate. ITEM 23: DRAFT DECLARATION ON HUMAN RIGHTS DEFENDERS L.98 [1995/84] Adopted w/o vote, 8 March 1995. Beginning ten years ago, the Commission has underwritten an open-ended working group to draft a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, also known informally as the draft declaration on human rights defenders. The drafting project was originally envisioned to build greater protections for human rights advocates and to instill a sense of individual responsibility to protect and promote human rights. However in recent years a certain anti-NGO sentiment has permeated the drafting sessions, leading to deadlocks and delays. A sharp difference of opinion exists between delegations on the proper direction of the project. For example, in its oral intervention on this subject the United States noted that in many cases, "the most effective advocates for international human rights are not governments but those who put their lives and fortunes at risk so that others might know the day when human rights apply to everybody, everywhere. . . .But progress on completing [this] Declaration is being blocked. It is a pattern we have seen all too often here from countries whose interest is to shackle their citizens' human rights rather than promote them. We shouldn't be surprised. But neither should we accept the situation. Ten years is enough. It's time to complete the draft declaration." [Statement of the Honorable John Shattuck, Assistant Secretary of State for Democracy, Human Rights and Labor, 51st session of the U.N. Commission on Human Rights] The final resolution authorizes the open ended working group to continue to meet next year and "to make every effort to complete its task and submit the draft declaration to the Commission at its [1996] session." ITEM 24: RIGHTS OF THE CHILD DRAFT OPTIONAL PROTOCOL ON SALE OF CHILDREN L.103 [1995/78] Draft optional protocol on the sale of children. Adopted 41-0-11, 8 March 1995. [L.14, sponsored by India, was withdrawn in lieu of this L.103]. A controversy developed in 1994 under the rights of the child agenda item when two parallel projects were proposed for drafting optional protocols to the Convention on the Rights of the Child. Many members felt that two parallel drafting projects to amend the same treaty were not wise, especially in light of the scarce resources available and the many other drafting projects now underway at the Commission. Many delegations were especially skeptical of the drafting project represented by this particular resolution, sponsored by Cuba, to further define the restrictions under the treaty on the sale of children, child prostitution and child pornography, as well as the basic measures needed for their prevention and eradication. Many felt that the existing treaty provisions created sufficient interpretative leeway for the governing Committee on the Rights of the Child to enforce these types of restrictions without further drafting clarification. The mere effort to peel these issues off and subject them to a separate drafting exercise, tended to undercut the authority that many thought was already embodied in the treaty to restrict these practices. In addition, since there are several other UN programs dedicated to protecting the child and restricting trafficking and prostitution, yet another treaty protocol on this subject was viewed as surplusage at best and detrimental to these other programs at worst. Nonetheless, Cuba was able to initiate this drafting project in the 1994 session and the Commission reluctantly agreed in 1995 to continue the exercise. The split vote this year, of 41-0-11, represents the first time a resolution under this agenda item has not received a consensus vote. RIGHTS OF THE CHILD; DRAFT OPTIONAL PROTOCOL ON CHILD SOLDIERS; SPECIAL RAPPORTEUR'S REPORT L.105 [1995/79] Adopted w/o vote, 8 March 1995. This second resolution under the rights of the child agenda item addresses several topics including the other major drafting project that was launched in 1994, an effort to clarify the minimum age of military service so as to eradicate the practice of recruiting child soldiers into military organizations. Many felt that the final negotiations on the original Convention had resulted in a terribly unfortunate last minute concession: the minimum age for mandatory conscription was set at 18 years but "voluntary" military service was permitted down to 15 years. The result has been an unenforceable age distinction. Most children participating in armed groups are said to be volunteers. But it is virtually impossible to know whether a child soldier is a genuine volunteer. There are many subtle means of coercion. Children's advocates have called for a raising of the minimum age to 18 years. The working group is taking this amendment under consideration and hopes to propose a draft optional protocol to the Convention. This resolution welcomes the first progress report submitted by the working group and requests that the group meet again for two weeks prior to next year's Commission session to continue its work. The resolution also extends for another three years the mandate of the special rapporteur on the sale of children (another thematic procedure of the Commission) and notes the particular plight of street children, a subject which has also been taken up in each of the last several Commission sessions under this agenda item. ITEM 25: FOLLOW-UP TO THE WORLD CONFERENCE COMPREHENSIVE FOLLOW-UP L.78 [1995/80] Adopted w/o vote, 8 March 1995. The 1993 World Conference on Human Rights held in Vienna resulted in an ambitious declaration and programme of action. The declaration called upon the Commission to annually assess the progress toward implementation of each of the elements of the programme of action. This resolution provides the 1995 progress report, including receipt of the report of the High Commissioner for Human Rights on this subject, in document E/CN.4/1995/98. The resolution requests a significant increase in financial resources from the General Assembly in order for the Commission and other UN human rights mechanisms to carry out this task. EVALUATION L.92 [1995/93] Evaluation of the UN human rights programme. Amended and then adopted w/o a vote, 10 March 1995. This resolution represented efforts by its sponsor, Cuba, to force a restructuring of the UN Human Rights Centre in a manner which Cuba felt was more in keeping with the intent of the 1993 Vienna Declaration and Programme of Action. The Human Rights Centre provides the primary staff support for the various thematic and country-specific procedures of the Commission, as well as providing conference support to both the Commission and Sub-commission, staffing for the various sessional and inter-sessional working groups, and staff review of the thousands of 1503 communications submitted to the Sub- commission and Commission each year. It has traditionally been viewed as solely within the discretion of the Secretary- General's office (including the High Commissioner for Human Rights) to delineate the structure and staffing assignments to fulfill these various support functions to the Commission and Sub-commission. However, Cuba's initial draft resolution proposed that the Commission itself provide advisory and perhaps veto control over these staffing decisions. Extensive negotiations ensued and the final text, heavily revised from Cuba's initial draft, was finally adopted by consensus in the final, waning hours of the Commission's session. In fact, while negotiators were deadlocked in back rooms unable to agree on acceptable compromise language, the High Commissioner for Human Rights took the floor in the public session and assured the members that he would maintain a policy of total transparency in his efforts to restructure the Centre and that he would keep all members continually informed of his activities in this regard. The negotiators finally agreed to "welcome the statements" just made by the High Commissioner, including his promise to "keep member states informed on these issues" and on that basis were able to conclude their negotiations and adopt the consensus proposal. ITEM 26: ROLE OF YOUTH CONSCIENTIOUS OBJECTION L.82 Rev.1 [1995/83] Conscientious objection to military service. Adopted w/o vote, 8 March 1995. The issue of conscientious objection to military service has traditionally been placed on the Commission's agenda every other year. This year's resolution notes in particular the comment of the Human Rights Committee in 1993 expressing the view that a general right to conscientious objection is embodied in Article 18 to the International Covenant on Civil and Political Rights. States who are parties to this Covenant are urged to honor this right. The resolution also seeks a change in the name of the agenda item to more directly address the conscientious objection subject. The topic is to be taken up again by the Commission in two years at its 1997 session. ITEM 27: DRAFT PROVISIONAL AGENDA FOR 1996 L.1 Approved on 10 March 1995 (no formal vote is taken traditionally on the following year's agenda; the proposed agenda is simply acknowledged but not voted upon). Among new items on the proposed agenda are a new item 5(b), "the effects of the existing unjust international economic order on the economies of the developing countries, and the obstacle that this represents for the implementation of human rights and fundamental freedoms." Several Western delegations objected to the wording of this agenda item and it promises to be a subject taken up at the beginning of the 1996 session. Several delegations have also urged that the subject of indigenous peoples rights be given a separate agenda item under next year's agenda. The proposed agenda also removes the prior items for South Africa and the Apartheid Convention, shifting the numbers traditionally associated with other items to lower numbers. The 1996 session will also include an election of half of the 26 members of the Sub-commission, whose terms will have expired at the end of the summer 1995 session. CHANGE OF MEETING DATES IN 1996. Earlier in the session the Commission announced that it would move the dates of its annual meeting next year on a one-year trial basis. The 1996 session will be from 18 March 1996 to 28 April 1996. The apparent reason for the move is that reports submitted to the General Assembly and then updated and submitted to the Commission have very little time between submissions (the General Assembly concludes its session in late December and the Commission meets beginning in late January). The change of dates will make the second submitted report more meaningful, as well as provide UN staff and Commission members a more practical break between General Assembly and Commission meetings to prepare. Oftentimes relevant General Assembly documents have recently not been available to Commission members because of the increasing paperwork burden of these UN procedures, even when the General Assembly had asked the Commission to pay particular attention to certain matters in the unavailable documents. IV. FOR MORE INFORMATION This summary was prepared by Penny L. Parker, a volunteer lawyer with Minnesota Advocates for Human Rights and the International Service for Human Rights. If you have questions, comments, or suggestions, you can e-mail her at either pparkern@counsel.com or pennyLP@aol.com. For other reports on the 1995 session of the U.N. Commission on Human Rights see the upcoming article by Mr. John Crook in the American Journal of International Law (the exact date of publication was not known at the time this article was prepared), an analytical summary of the 1995 session prepared by Mr. Adrien Claude Zoller of the International Service for Human Rights, in the Human Rights Monitor (copies may be ordered directly from the Service at 1 rue Varemb‚, P.O. Box 16, CH-1211 Geneva 20, Switzerland, fax (41 22) 733 08 26. It is also believed that summaries of the session will be available from London office of Amnesty International, the Geneva office of the International Commission of Jurists and the Geneva office of the Friends World Committee for Consultation (Quakers). Penny L. Parker is a private lawyer with the firm of Arter Hadden Johnson & Bromberg engaging also in substantial volunteer work in the fields of international human rights and U.S. pro bono cases. Her private practice is in the field of commercial real estate transactions and environmental law. She also advises businesses on compliance with the Americans with Disabilities Act. For a copy of her business resume and a list of real estate, environmental and ADA articles she has written, send an e-mail message to her at the above address.