From: Human Rights Coordinator <hrcoord@igc.apc.org>
Newsgroups: soc.rights.human
Date: 07 Sep 92 13:37 PDT
Subject: HUMAN RIGHTS SESSION
Nf-ID: #N:cdp:1476700429:000:46992
Nf-From: cdp.UUCP!hrcoord    Sep  7 13:37:00 1992


From: Human Rights Coordinator <hrcoord>
Subject: HUMAN RIGHTS SESSION

/* Written  9:56 am  Sep  3, 1992 by peg:unic in cdp:unic.news */
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Round-up of Session                                   HR/CN/390
						      1 September
						      1992

	      FORTY-FOURTH SESSION OF HUMAN RIGHTS SUBCOMMISSION

			      GENEVA, 3-28 AUGUST


	       Condemns 'Ethnic Cleansing' in Former Yugoslavia,
	Addresses Situation in Somalia, Iran, Haiti, Cambodia and
	Iraq


     GENEVA, 28 August (UN Information Service) -- The
Subcommission on Prevention of Discrimination and Protection of
Minorities, the principal subsidiary body of the Commission on
Human Rights, concluded its forty-fourth session at Geneva on
Friday, 28 August.  During the four-week session, which began on 3
August, the Subcommission considered a broad range of issues
related to the elimination of racial discrimination and apartheid,
the rights of minorities and indigenous peoples, the
administration of justice and the independence and impartiality of
the judiciary.

     Concerning the situation in former Yugoslavia, the
Subcommission, in a text adopted without a vote, demanded that the
policies of so-called "ethnic cleansing" be immediately brought to
an end, that displaced persons be allowed to return home and that
those responsible for the commission of crimes be brought to
justice.  That text was transmitted to the Commission on Human
Rights on 13 August by the Chairman, Miguel Alfonso Martinez,
during an exceptional session held by the Commission to discuss
the human rights situation in former Yugoslavia.

     In other action, the Subcommission called for the release of
all political prisoners in South Africa and the removal of all
troops from the townships of that country.  It condemned the
policy of Israel for its gross violations of the rules of
international humanitarian law and its continued occupation of the
Syrian Golan.  The Subcommission also condemned the continuing
grave violations of human rights in Iran, Haiti and Guatemala and
expressed concern about reports of continued human rights
violations in East Timor and Bougainville.  Other actions
addressed the situation of human rights in Cambodia, Somalia, Peru
and El Salvador.

     The Subcommission deplored the persistence of violations of
the rights of United Nations staff members and continuous threats
against their security and independence.  It requested that the
Secretary-General take measures to ensure

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for the rights of United Nations personnel and their families, and
demand compensation for the harm caused to them and their
organizations.

     In a series of texts on the administration of justice, the
Subcommission invited Governments to limit states of emergency
exclusively to situations sufficiently serious and exceptional to
justify them, and expressed concern about the increasingly
widespread practice of impunity for perpetrators of violations of
human rights in various regions of the world.

     The Subcommission held a lengthy debate on contemporary forms
of slavery, focusing on such issues as the sale and prostitution
of children, trafficking in organs and child pornography.  It
requested the Secretary-General to convey grave concern about sex
tourism to the World Tourism Organization and to request that it
discuss ways of preventing that phenomenon.

     Regarding the rights of indigenous peoples and the
International Year for the World's Indigenous Peoples (1993), the
Subcommission appealed to Governments and international
organizations to contribute to the voluntary fund to support
United Nations activities and projects for that year.

     The Subcommission addressed economic, social and cultural
rights in resolutions focusing on extreme poverty, the right to
adequate housing and the impact of structural adjustment and other
development programmes on the enjoyment of human rights.  Other
actions concerned democracy in Africa, human rights and the
environment, compensation for victims of human rights violations,
discrimination against people infected with the human
immunodeficiency virus (HIV) or with acquired immunodeficiency
syndrome (AIDS) and discrimination against women.

     In closed meetings, the Subcommission also examined
communications from individuals and other sources brought to its
attention under Economic and Social Council resolution 1503
(XLVIII).  Those communications related to situations which
appeared to reveal a consistent pattern of gross and reliably
attested violations of human rights.

     (Resolution 1503 (XLVIII) of 27 May 1970, known as the "1503"
procedure, deals with communications relating to the violations of
human rights and fundamental freedoms that affect a large number
of people over a protracted period of time.)

     In order to facilitate its research and investigation
mandate, the Subcommission has established working groups which
meet regularly before each annual session.  The Working Group on
Communications examines communications received by the
Subcommission and brings to its attention those which appear to
reveal a consistent pattern of gross and reliably attested
violations of human rights.  The Working Group on Slavery reviews
developments in contemporary forms of slavery, which include such
practices as child prostitution and pornography and trafficking in
persons and organs.  The Working Group on Indigenous Populations
reviews developments relating to the protection of the rights of
indigenous peoples.

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     The Subcommission has also set up a sessional Working Group
on the human rights of persons subjected to any form of detention
or imprisonment.  An intersessional Working Group was established
on an exceptional basis to make recommendations on rationalizating
the methods of work and agenda of the Subcommission.

     The Subcommission is composed of 26 human rights experts from
the five geographical regions of the world elected by the
Commission on Human Rights to act in their personal capacity.  It
was established to undertake studies and make recommendations to
the Commission concerning the prevention of discrimination and the
protection of racial, religious, ethnic and linguistic
minorities.

     Elimination of Racial Discrimination

     Under a resolution on measures to combat racism and racial
     discrimination
and the role of the Subcommission, the Subcommission recommended
that the Commission on Human Rights request the General Assembly
to launch a third decade to combat racism and racial
discrimination, to begin in 1993.  The Commission was also
requested to confirm the importance, in the struggle against
racism and racial discrimination, of a complementarity of
economic, social, educational and information measures at the
national level, including legislative, administrative and penal
measures, and of measures taken at the international level.

     The Commission would also recognize the importance of
activities aimed at directly assisting minority and vulnerable
groups to strengthen their participation in national economic,
social and political life and appeal to all Governments to ratify
the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families.  The Commission
would decide to appoint, for a three-year period, a thematic
Special Rapporteur on contemporary forms of racism, racial
discrimination and xenophobia in the light of recent trends in
many countries and to report thereon to the Commission annually,
beginning at its fiftieth session.

     As for monitoring the transition to democracy in South
Africa, the Subcommission recommended that a Special Rapporteur be
appointed from among its members to report on the progress towards
democracy, equality and social justice in that country.  It
recommended that the Commission on Human Rights advise the
Economic and Social Council to authorize it to entrust Judith Sefi
Attah with the task of presenting an annual report on the
transition to democracy in South Africa.  That report would
include steps taken in accordance with international human rights
instruments to prevent violence between different groups in South
Africa; steps taken to investigate the alleged involvement of the
South African security forces in fomenting violence and how that
problem was being addressed; steps taken to ensure equal political
participation for all South Africans, including those removed
under the apartheid system to the so-called homelands; steps taken
to ensure the enjoyment by all South Africans, without
discrimination, of economic and social rights; and an analysis of
the obstacles preventing the democratization of South Africa and
ways and means of eliminating them.

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     Human Rights Violations

     In a resolution transmitted to the Commission on Human Rights
     on the
situation of human rights in former Yugoslavia, the Subcommission
expressed its horror and total and unqualified condemnation of
policies of so-called "ethnic cleansing" which in former
Yugoslavia had generated vast displacements of people of the
different ethnic groups, and in Bosnia and Herzegovina had
particularly affected the Muslim population.  The Subcommission
also expressed its deep concern at the existence of detention
centres and allegations of serious human rights violations in
those centres.

     The Subcommission also demanded that urgent steps be taken to
stop the massive violations of the right to life and other human
rights; that the policies and practices of so-called "ethnic
cleansing" be immediately brought to an end; that displaced people
be given the opportunity to return to their homes and that their
safety be ensured; that full reparation be made for losses
suffered as a result of the displacement and that those
responsible for the commission of crimes be brought to justice.

     Regarding the situation in South Africa, the Subcommission
strongly condemned the perpetrators of the violence that continued
to devastate South Africa and denounced the Government for its
failure to act to stop the violence.  It reiterated the call for
the unconditional release of all political prisoners and detainees
by the Government, the removal of all troops from the townships,
the repeal of the remaining legislation designed to circumscribe
political activity and the cessation of all political trials and
executions.  It also urged the international community to refrain
from establishing official links with South Africa until an
interim government responsible for supervising the transition to
democratic rule had been put in place in the country.  It affirmed
that any relaxation of pressure on South Africa at this time would
be a violation of the Declaration on Apartheid.

     In a resolution on the situation in the Palestinian and other
Arab territories occupied by Israel, the Subcommission condemned
Israel for its gross violations of the rules of international law
and of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949; for
establishing Israeli settlements in the occupied territories, its
continued occupation of the Syrian Golan and its defiance of the
relevant United Nations resolutions, in particular Security
Council resolution 497 (1981) of 17 December 1981; and the inhuman
treatment and terrorist practices in violation of human rights
which the Israeli occupation authorities continued to exercise
against Syrian Arab citizens in the occupied Syrian Golan for
their refusal to carry Israeli identity cards and in order to
force them to carry such cards.

     Under a resolution on the situation of human rights in
Somalia, the Subcommission, alarmed at the number of refugees who
had left Somalia since January 1991 and by the fate of the
displaced and homeless persons, called upon all the parties
involved in the conflict to put an end to those serious violations
of human rights and humanitarian law.  It invited the
international community to provide humanitarian assistance to the
people of Somalia as a

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matter of great urgency and to establish an effective means to
facilitate equitable distribution.  The Office of the United
Nations High Commissioner for Refugees was requested to ensure
that adequate protection and resources were provided to refugees
until their voluntary return and reinstallation could be assured.

     With regard to support for the restoration of democracy in
Peru, the Subcommission deeply deplored the events that had taken
place in Peru and expressed its most serious concern at the effect
they were having on the operation of the institutional machinery
of representative democracy in Peru and throughout the region.  It
also expressed its deepest revulsion and indignation at the
criminal activities of the terrorist groups Sendero Luminoso and
Movimiento Revolucionario Tupac Amaru, and urged the Peruvian
authorities to resume the dialogue with representative political
forces, leading to the restoration of institutional normalization,
full respect for human rights and the complete re-establishment of
representative democracy.

     Concerning the situation of human rights in El Salvador, the
Subcommission commended the Government of El Salvador and the
Frente Farabundo Marti para la Liberacion Nacional for the
extremely important agreements reached by them and for the
determination they had expressed to seek to comply with them.  It
welcomed the fact that El Salvador had achieved a reduction in the
number of human rights violations, while regretting that the
situation in regard to those rights still gave cause for concern,
and expressed its hope that compliance with the agreements would
improve the situation.  It urged the international community to
assist in the National Reconstruction Plan for El Salvador and
offered its full support to the Independent Expert for El Salvador
appointed by the Secretary-General.

     Concerning human rights in Iran, the Subcommission endorsed
the urgent call by the Special Representative in his report to the
Government of Iran to comply with international human rights
standards.  It condemned the continuing grave violations of human
rights by the Government, especially the use of excessive force to
suppress anti-Government demonstrations, including summary
executions and arbitrary arrests; executions, systematic torture
and maltreatment of political prisoners; stoning, torture and
degrading treatment of citizens, especially women, in public;
renewed persecution of religious minorities and summary killings
of Baha'is; and suppression of freedom of thought, expression and
association.  It requested the Special Representative, in his next
report to the General Assembly and the Commission on Human Rights,
to include information on executions, arrests and measures to
suppress political opposition, including the formation of special
paramilitary units, and any further information on the
assassination of Professor Kazem Rajavi.

     In a text on human rights in Haiti, the Subcommission
strongly condemned the overthrow of the constitutionally-elected
President, Jean-Bertrand Aristide, the use of violence and the
deterioration of the situation of human rights in that country,
and expressed its deep concern over the flagrant human rights
violations committed by the illegal Government set up following
the coup d'etat of 29 September 1991.  It drew the attention of
the international community to the fate of the Haitian nationals
who were fleeing the country

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and requested its support for the efforts undertaken to assist
them.  The Subcommission also appealed to all the parties
concerned to make the efforts at dialogue necessary for the
restoration of the lawful Government and the re-establishment of
democracy in Haiti.

     With regard to the situation in Cambodia, the Subcommission
welcomed the efforts undertaken to date by the United Nations
Transitional Authority in Cambodia (UNTAC) to foster an
environment in which respect for human rights could be ensured, in
particular the development and dissemination of a human rights
education programme at all levels of Cambodian society.  It
underlined the importance of the reconstruction and rehabilitation
of the legal and judicial systems in Cambodia to be undertaken in
parallel with human rights advocacy programmes, welcomed the
initiative to convene an international symposium on human rights
in Cambodia in December and invited the Secretary-General to
ensure wide circulation of the conclusions of that symposium.  It
also invited him to develop and implement, in collaboration with
UNTAC, long-term comprehensive programmes of technical assistance
and advisory services which would contribute to a lasting
improvement in the enjoyment of human rights and fundamental
freedoms in Cambodia.

     In a text on the situation of human rights in Guatemala, the
Subcommission expressed its deep concern over the persistence of
serious human rights violations in that country, despite the
Government's efforts to combat them.  It urged the Government to
intensify investigations aimed at identifying and bringing to
justice those responsible for human rights violations and to
strengthen measures to ensure that human rights were respected in
the country in all their aspects, as well as to adopt urgent
measures to facilitate the return of refugees and displaced
persons within the country.  The Subcommission urged the
Government and the Unidad Revolucionaria Nacional Guatemalteca to
reach an agreement on human rights as rapidly as possible and to
continue the peace negotiations in a climate of mutual respect and
a constructive spirit, taking into consideration the interests of
all sectors of society.

     Through a resolution on detention on Bougainville, the
Subcommission called upon the Government of Papua New Guinea to
restore without delay the freedom of movement to the inhabitants
of Bougainville in the interest of protecting and promoting human
rights and fundamental freedoms.  It requested the Special
Rapporteur on the study of treaties between States and indigenous
populations to include in his report the case of the agreements
entered into between the indigenous peoples of Bougainville and
Papua New Guinea.

     Regarding the situation in Iraq, the Subcommission, deeply
concerned about the serious consequences which the embargo imposed
on Iraq for the past two years was having on the entire civilian
population in that country, appealed to the international
community, including all Governments and that of Iraq, to
facilitate the supply of food and medicines to the civilian
population.

     With regard to the situation in East Timor, the Subcommision
deplored the tragic events in Dili on 12 November 1991 where East
Timorese civilians,

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including women and children, were killed and expressed its utmost
concern at reports of continuing widespread human rights
violations in East Timor.  It commended the decision of the
Government of Indonesia to set up a National Commission of
Inquiry, but regretted that investigation of the actions of the
armed forces on 12 November 1991 had not been followed through.
The Indonesian authorities were invited to cooperate in the
preparation of the report of the Secretary-General by providing
information on the complementary measures to bring the members of
the armed forces responsible to justice.  It also called up the
Indonesian authorities to honour their commitment to facilitate
access to East Timor by humanitarian and human rights
organizations.

     Under a resolution on forced evictions, the Subcommission
affirmed that this practice constituted a gross violation of human
rights, and urged Governments to eliminate the practice of forced
evictions and to confer legal security of tenure to all persons
currently threatened with forced eviction.  It recommended that
all Governments provide immediate restitution, compensation and/or
appropriate and sufficient alternative accommodation or land, to
persons and communities which have been forcibly evicted, and
requested the Secretary-General to compile an analytical report on
the practice of forced evictions, to be submitted to the
Commission at its fiftieth session.

     In a text on the right to a fair trial, the Subcommission
expressed its appreciation to Stanislav Chernichenko and William
Treat for their comprehensive third report, which summarized the
Inter-American and European interpretations of the right to a fair
trial as well as information on habeas corpus and amparo.  It
requested the Special Rapporteurs to submit a fourth report
analysing national practices in regard to the right to a fair
trial, requested the Secretary-General to transmit that report to
Fisseha Yimer and invited that expert to comment on it.  The
Subcommission also urged the Special Rapporteurs to make
suggestions on how the right to a fair trial might be further
protected, notably by making the right, or certain aspects of the
right, non-derogable, and incorporating basic fair trial
guarantees into international standards.  The Commission on Human
Rights was requested to endorse the request to the Special
Rapporteurs, recommend that the Economic and Social Council
approve that endorsement and request the Secretary-General to
provide the Special Rapporteurs with all necessary assistance.

     As for the question of human rights and states of emergency,
the Subcommission expressed its deep appreciation to the Special
Rapporteur, Leandro Despouy, for his fifth annual report and the
list of States which, since 1 January 1985, had proclaimed,
extended or terminated a state of emergency.  It invited
Governments to consider the adoption of internal legislation
consistent with the requirements of international instruments
concerning states of emergency, as developed in the Special
Rapporteur's various reports, and invited Governments to limit the
introduction of states of emergency, particularly in the case of
internal unrest, exclusively to situations sufficiently serious
and exceptional to justify them, in order to avoid making the use
of states of emergency commonplace and thus, possibly,
perpetuating them.

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     The Commission on Human Rights was asked to include in the
agenda of the forthcoming World Conference on Human Rights the
question of strengthening protection of human rights during states
of emergency, and to ask that the Economic and Social Council
endorse the Subcommission's request to Leandro Despouy to continue
to update the list of states of emergency.

     Regarding the impunity of perpetrators of violations of human
rights, the Subcommission requested El Hadji Guisse and Louis
Joinet to draft a study to determine the scale of the phenomenon
of impunity and to propose measures to combat that practice.  It
also recommend that the Commission on Human Rights ask the
Economic and Social Council to endorse that decision.

     In a text on the violation of the human rights of staff
members of the United Nations system and other persons acting
under the authority of the United Nations, the Subcommission urged
Governments and other entities holding de facto territorial power
to respect and ensure respect for the rights of staff members and
other persons acting under the authority of the United Nations, as
well as of their families, and appealed to Governments of
countries where United Nations officials were detained immediately
to release them.  It requested the Secretary-General to take every
measure to ensure that the human rights and privileges and
immunities of such persons were fully respected, to demand
compensation and to monitor the indemnization for the harm caused
to personnel and to their organizations, as well as the full
reinsertion and re-education of the staff members concerned.

     Concerning the privatization of prisons, the Subcommission
requested Claire Palley to prepare an outline of a special study
which might be undertaken on the issue of privatization of
prisons, to be submitted to the Working Group on Detention and to
the Sub-Commission at its forty-fifth session.

     Under a resolution on the application of international
regulations concerning the human rights of detained youths, the
Subcommission expressed its preoccupation with the fact that human
rights violations against young detainees had serious consequences
for the victims and for society.  The Subcommission expressed its
satisfaction at the Secretary-General's proposal to hold a meeting
of experts in March 1993 to discuss the application of
international regulations related to human rights in cases of
youth detention.  That special meeting would be organized under
the auspices of the Centre for Human Rights, the United Nations
Children's Fund (UNICEF) and the Secretariat for Crime Prevention
and Criminal Justice Branch.

     Independence of Judiciary

     By a text on the independence and impartiality of the
     judiciary, jurors
and assessors and the independence of lawyers, the Subcommission
entrusted the Special Rapporteur Louis Joinet with the preparation
of a report on practices which had strengthened or weakened the
independence of the judiciary and the protection of practising
lawyers in accordance with United Nations standards; to propose
specific recommendations regarding the independence of the
judiciary and the protection of practising lawyers to be taken
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the relevant projects of the United Nations; and to examine ways
of enhancing cooperation, avoiding overlapping and duplication in
the work of the Commission on Crime Prevention and Criminal
Justice and that of the Subcommission.

     The Commission on Human Rights was requested to declare that
an independent and impartial judiciary and an independent legal
profession were essential prerequisites for the protection of
human rights and for ensuring that there were no discrimination in
the administration of justice, and to endorse the decision of the
Subcommission to entrust Mr. Joinet with the preparation of a
report.

     Contemporary Forms of Slavery

     With regard to the report of the Working Group on
     Contemporary Forms of
Slavery, the Subcommission requested the Special Rapporteur Vitit
Muntarbhorn to pay increased attention to issues relating to
trafficking in children, such as organ transplantation, the use of
children's labour, disappearances, the purchase and sale of
children, adoptions for commercial or exploitative purposes, child
prostitution and the involvement of children in armed conflicts.
The Secretary-General was requested to invite all States to inform
the Subcommission of measures adopted to implement the Programme
of Action for the Prevention of the Sale of Children, Child
Prostitution and Child Pornography, and to invite all Governments,
United Nations agencies and all relevant non-governmental
organizations, in particular ICPO-INTERPOL, to pursue their
investigations of allegations involving the removal of organs from
children and to indicate the measures taken, if any, to counteract
that practice wherever it existed.

     The Secretary-General was also requested to convey to the
World Tourism Organization the grave concern of the Working Group
with regard to sex tourism, together with a request that it
discuss the consequences and ways of preventing sex tourism,
particularly when the prostitution of children was involved, and
recommended that States take urgent measures to protect minors
from exposure to or involvement in child pornography.

     Regarding contemporary forms of slavery, the Subcommission
expressed concern that over 20 of the 107 States parties to the
Convention on the Elimination of All Forms of Discrimination
against Women had filed more than 80 substantive reservations with
respect to their obligation to implement the Convention.  The
Secretary-General was requested to seek the views of the Committee
on the Elimination of All Forms of Discrimination against Women
and the Commission on the Status of Women on the desirability of
obtaining an advisory opinion on the validity and legal effect of
reservations to the Convention, and to invite them to make such
further observations on the issue of reservations to this
Convention they might consider appropriate.

     Discrimination against Women

     In a resolution on discrimination against women, the
     Subcommission
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priority to the question of discrimination affecting women and
their status, both in its agenda and in the documentation prepared
for the World Conference; and that information on the equality and
empowerment of women, and their access to equality in education,
work, health and literacy be included in States' reports to all
human rights monitoring bodies, not only to the Committee on the
Elimination of Discrimination against Women.

 (more)the relevant projects of the United Nations; and to examine
ways of enhan cing cooperation, avoiding overlapping and
duplication in the work of the Commission on Crime Prevention and
Criminal Justice and that of the Subcommission.

     Developments in Fields of Concern to Subcommission

     Concerning support for the recommendations of the Pan-African
     Conference
on Democracy and Management of the Transition in Africa, the
Subcommission took note of the deliberations of the Conference,
held in Dakar from 25 to 28 May and attended by more than 200
political leaders from 42 African countries.  It strongly
supported the views of the Conference stressing the close
interdependence of development and democracy, while reaffirming
that development was not a prerequisite for building a democratic
society or culture.  It noted that the Conference had recommended
the establishment of structures to remedy any dysfunctions in
African democracies, including the establishment of a Pan-African
transition monitoring mechanism and of an African mediation
committee to settle political disputes and armed conflicts, under
the aegis of the leaders of African political parties.

     Regarding human rights and the environment, the Subcommission
noted with appreciation the progress report on human rights and
the environment submitted by Fatma Zohra Ksentini.  The
Secretary-General was requested to invite Governments, United
Nations bodies and relevant organizations to provide the Special
Rapporteur with information relevant to the preparation of her
report.  The Commission on Human Rights was requested to endorse
the Subcommission's request that Ms. Ksentini to prepare a second
progress report containing additional information on and an
analysis of decisions and views of the parties concerned.

     Concerning the right to restitution, compensation and
rehabilitation for victims of gross violations of human rights and
fundamental freedoms, the Subcommission requested the Special
Rapporteur, Theo van Boven, to continue his study, taking into
account the comments made in the discussion on the preliminary and
progress reports and to submit to it at its forty-fifth session a
final report which should include a set of conclusions and
recommendations aimed at developing relevant basic principles and
guidelines.

     Under a decision on the final report on the study on problems
and causes of discrimination against HIV-infected people or people
with AIDS, the Subcommission requested the Special Rapporteur,
Luis Varela Quiros, to complete his work and to submit his final
report to the Subcommission at its forty-fifth session.

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     In a resolution on arms production and trade and human rights
violations, the Subcommission appealed to all Member States of the
United Nations to give every assistance to the Secretary-General
in maintaining the Register of Conventional Arms, as set out in
General Assembly resolution 46/36 L of 9 December 1991.  It also
appealed to Member States to take into account the potentially
negative impact of excessive and destabilizing accumulation of
arms and arms exports and imports upon the enjoyment and full
realization of human rights and urged States to incorporate human
rights criteria into any and all international transactions
involving the sale or provision of arms or other military
materials to other States or groups involved in armed conflict.

     The Commission on Human Rights was asked to request the
General Assembly, through the Economic and Social Council, to
consider inviting Member States to approve as soon as possible the
elaboration of the Register of Conventional Arms to cover national
production, and to extend the Register to cover small arms and
unconventional weapons in order to discourage all production of
and trade in arms and weaponry, which were the major
instrumentalities for grave and massive violations of human
rights.  The Commission on Human Rights was requested to ask the
Secretary-General to prepare, in consultation with the United
Nations Development Programme, the World Bank and specialized
institutions in the area of peace and disarmament, an in-depth
study on the positive impact on the promotion of human rights, of
a 10 per cent reduction in world armament expenditure, the savings
from which should be allocated to development, especially of
developing countries.

     In a decision on the declaration defining gross and
large-scale violations of human rights as an international crime,
the Subcommission, having received the working paper submitted by
Stanislav Chernichenko on the preparation of a declaration
defining such violations as an international crime, decided to
give more detailed attention to the working paper at its next
session.

     Discrimination against Indigenous Peoples

     With regard to the draft universal declaration on indigenous
     peoples, the
Subcommission recommended that the Chairperson-Rapporteur of the
Working Group on Indigenous Populations, Erica-Irene Daes, be
entrusted with the task of further elaborating the paragraphs of
the draft universal declaration which had been agreed upon at
second reading and circulating those paragraphs to the members of
the Working Group for their comments and suggestions. The
Secretary-General was requested to transmit the report of the
Working Group on its tenth session to Governments, indigenous
peoples and organizations for written comments and suggestions on
the draft universal declaration, as well as to continue to
organize regional training courses for indigenous peoples.

     The Commission on Human Rights was requested to approve the
publication of the recommendations of the meeting of experts held
to review the experience of countries concerning internal
self-government for indigenous peoples, as well as those of the
United Nations Technical Conference on the realization of
sustainable and environmentally sound self-development of
indigenous peoples.  The Commission was also asked to authorize
the Working Group on Indigenous

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Populations to meet for 10 working days prior to the forty-fifth
session of the Subcommission, and to recommend to the General
Assembly that the United Nations Voluntary Fund for Indigenous
Populations be authorized to assist indigenous participation in
other relevant United Nations meetings.

     Regarding the International Year for the World's Indigenous
Peoples (1993), the Subcommission emphasized the fundamental
importance of the effective participation of indigenous peoples in
every aspect of decision-making concerning the International Year
at the national, regional and international levels; and appealed
to Governments, organizations and international educational and
business institutions to contribute generously to the voluntary
fund established to support United Nations projects and activities
for the Year.

     In a resolution on the cultural and intellectual property of
indigenous peoples, the Subcommission welcomed the decision by the
Economic and Social Council earlier this year to approve the
appointment of Erica-Irene Daes as Special Rapporteur to prepare a
study of measures which should be taken by the international
community to strengthen respect for the cultural property of
indigenous peoples.  It requested the Special Rapporteur to
include in her study a comprehensive analysis of the laws and
traditions of indigenous peoples with respect to the definition,
ownership and control of cultural property, as well as preliminary
views on the feasibility of developing a United Nations manual of
indigenous laws in this field.  The study should be prepared in
direct cooperation with indigenous peoples.

     By a decision on the study on treaties, agreements and other
constructive arrangements between States and indigenous
populations, the Subcommission took note of the first progress
report on this question submitted by Miguel Alfonso Martinez.
Regretting that the Special Rapporteur could not submit it on time
to the tenth session of the Working Group on Indigenous
Populations, it decided to request him to submit a second progress
report on the study to the Working Group at its twelfth session
and to the Sub-Commission at the forty-sixth session.

     Concerning the relocation of Navajo and Hopi families, the
Subcommission recommended that members of the Navajo Nation and
Hopi Tribe participate in court-ordered mediation to seek a
peaceful settlement of the situation, expressed the hope that
mediation would result in a settlement that respected the rights
and dignity of the families directly affected, and appealed to the
Government of the United States to ensure, through cooperation
with the court-appointed mediator, that no further relocation of
those families took place.

     Protection of Minorities

     Regarding possible ways and means of facilitating the
     peaceful and
constructive solution of problems involving minorities, the
Subcommission requested the Secretary-General to prepare, with the
cooperation of the Special Rapporteur, Asbjorn Eide, the technical
meeting of experts on minorities, as recommended by the Commission
on Human Rights, to take place at

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the end of 1992.  It also requested the Special Rapporteur to
continue his consultations with States, which might also include
visits to countries at the invitation of Governments, and to take
into consideration the views expressed made by members of the
Subcommission and the replies submitted by Governments,
specialized agencies and non-governmental organizations.

     Economic, Social and Cultural Rights

     Under a resolution on promoting the realization of the right
     to adequate
housing, the Subcommission encouraged all States to pursue
effective policies and legislation aimed at creating conditions to
ensure the full realization of the right to adequate housing of
the entire population.  It decided to appoint Rajindar Sachar as
Special Rapporteur on promoting the realization of that right and
requested that he carry out a two-year study on this issue to be
submitted to the Sub-Commission at its forty-fifth session.

     Concerning human rights and extreme poverty, the
Subcommission decided to appoint Leandro Despouy as Special
Rapporteur to prepare a study on the basis of the resolutions of
the Commission on Human Rights.  The Secretary-General was
requested to continue his consultations on human rights and
extreme poverty with Governments, specialized agencies and
organizations and to inform the Rapporteur of the conclusions of
those consultations.  The Special Rapporteur was requested to
contribute to the transmittal of any useful information on this
question to the World Conference on Human Rights.  The Commission
on Human Rights was requested to ask the Economic and Social
Council to approve the appointment of Mr. Despouy as Special
Rapporteur.

     With regard to the realization of economic, social and
cultural rights, the Subcommission endorsed the recommendations
made by the Special Rapporteur, Danilo Turk, in his report.  It
urged international and financial institutions to take greater
account of the adverse impacts of their policies of structural
adjustment on the realization of those rights and urged them to
continue their full participation in the work of the human rights
bodies of the United Nations and to take into account the
recommendations in the final report of the Special Rapporteur.  It
also urged all States to act upon those recommendations and
encouraged the UNDP, the World Bank and other international
programmes and agencies to cooperate with the Centre for Human
Rights in devising a consistent approach to the selection and use
of human rights indicators so as to develop a methodology for
assessing the impact of development programmes on the enjoyment of
human rights.

     The Commission on Human Rights was asked to forward to the
Committee on Economic, Social and Cultural Rights the views of the
Subcommission as to the practical feasibility of drafting an
optional protocol to the International Covenant on Economic,
Social and Cultural Rights granting individuals and groups the
right to submit communications alleging non-compliance by States
parties with the provisions of the Covenant.

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     Other Human Rights Questions

     Under a decision on human rights and scientific and
     technological
developments, the Subcommission decided to consider at its
forty-sixth session the possibility of elaborating new human
rights standards relating to scientific developments which could
affect the mental condition or the genetic structure of human
beings.

     Concerning the encouragement of universal acceptance of human
rights instruments, the Subcommission requested the
Secretary-General to promote the programme of advisory services so
that practical assistance in the process of ratification and
implementation of international instruments on human rights be
available for those States which indicate a need for such
assistance, and to continue to inform the Subcommission, as
appropriate, on his endeavours to update the table containing a
country-by-country record of developments which had taken place in
connection with the ratification of, or accession to, the human
rights instruments included in the terms of reference of the
Subcommission.  The Chairman of the Subcommission was requested to
appoint, prior to its forty-sixth session, one of its members to
report at that session on information received under the present
resolution, to analyse difficulties impeding ratification of, or
accession to, instruments and to assess the programme of advisory
services in the field of human rights with a view to further
encouraging universal acceptance of human rights instruments.

     As for the interrelationship between human rights and
international peace, the Subcommission expressed its deep
appreciation to Murlidhar C.  Bhandare for his paper on that
question and for his constructive contribution to the debate
thereon; took note of the recommendations contained in the final
part of the working paper; and requested him to present a further
document to the Subcommission at its forty-sixth session.

     Review of the Work of the Subcommission

     In a resolution on the review of the work of the
     Subcommission, the
Subcommission took note of the report of the intersessional
Working Group and recalled the set of guidelines which the
Subcommission had adopted at its twenty-seventh session (1974)
concerning its methods of work.  It decided to annex to the
present resolution guidelines adopted at its current session
concerning its methods of work.

     Membership, Officers

     The members and alternates (*) of the Subcommission are:
     Miguel Alfonso
Martinez, *Marianela Ferriol Echevarria (Cuba);  Awn Shawkat
Al-Khasawneh,
*Waleed M. Sadi (Jordan);  Judith Sefi Attah, *Christy Ezim Mbonu
(Nigeria); Marc Bossuyt, *Guy Genot (Belgium);  Volodymr
Boutkevitch, *Olexandre Kouptchichine (Ukraine);  Linda Chavez,
*Robert J. Fortman (United States); Stanislav Valentinovich
Chernichenko, *Teimuraz O. Ramishvili (Russian Federation);
Erica-Irene A. Daes, *Alexis Heraclides (Greece); Leandro Despouy,
*Juan Carlos Hitters (Argentina);  Asbjorn Eide, *Jan Helgessen
(Norway);  El Hadji Guisse, *Ndary Toure (Senegal);  Ribot Hatano,
*Yozo

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Yokota (Japan);  Muksum-Ul-Hakim, *Tofazzal Hossain Khan
(Bangladesh);  Claude Heller, *Hector Fix Zamudio (Mexico);  Louis
Joinet, *Alain Pellet (France); Ahmed Khalifa, *Ahmed Khalil
(Egypt);  Fatma Zohra Ksentini, *Farida Aiouaze (Algeria);  Ioan
Maxim, *Petru Pavel Gavrilescu (Romania);  Claire Palley,
*John Merills (United Kingdom);  Said Naceur Ramadhane,
*Abdelfettah Amor (Tunisia);  Rafael Rivas Posada, *Eduardo
Suescun Monroy  (Colombia); Gilberto Vergne Saboia, *Marilia S.
Zelner Goncalves (Brazil);  Rajindar Sachar (India);  Jin Tian,
*Daode Zhan (China);  Halima Embarek Warzazi, *Mohamed Benkaddour
(Morocco);  Fisseha Yimer (Ethiopia).

     The officers of the Subcommission are:  Chairman:  Miguel
Alfonso Martinez;  Vice Chairpersons:  Rajindar Sachar, Stanislav
Valentinovich Chernichenko and Fatma Zohra Ksentini;  Rapporteur:
Marc Bossuyt.

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