A/66/462/Add.1

United Nations

General AssemblyDistr.: General
2 December 2011
Original: English

Sixty-sixth session
Agenda item 69 (a)Promotion and protection of human rights: implementationof human rights instruments
Report of the Third Committee*
Rapporteur: Ms. Kadra Ahmed Hassan (Djibouti)

I. Introduction
1.
At its 2nd plenary meeting, on 16 September 2011, the General Assembly, on
the recommendation of the General Committee, decided to include in the agenda ofits sixty-sixth session, under the item entitled “Promotion and protection of humanrights”, the sub-item entitled “Implementation of human rights instruments” and toallocate it to the Third Committee.
2.
The Third Committee considered the sub-item at its 21st, 22nd, 31st and 43rd
to 45th meetings, on 18 and 25 October and on 10, 15 and 17 November 2011. An
account of the Committee’s consideration of the sub-item is contained in therelevant summary records (A/C.3/66/SR.21, 22, 31 and 43-45).
3.
For the documents before the Committee under this sub-item, see document
A/66/462.
4.
At the 21st meeting, on 18 October, the Assistant Secretary-General for
Human Rights made an introductory statement (see A/C.3/66/SR.21).
5.
At the same meeting, the Chair of the Committee against Torture and the Chairof the Subcommittee on Prevention of Torture made presentations and engaged in a
dialogue with the representatives of Chile, the European Union, Liechtenstein,
Brazil, the Czech Republic, Pakistan, Norway, Denmark and Panama (seeA/C.3/66/SR.21).
6.
Also at the same meeting, the Special Rapporteur on torture and other cruel,inhuman or degrading treatment or punishment made a presentation and engaged ina dialogue with the representatives of Tunisia, the European Union, the UnitedStates of America, Switzerland, Norway and Denmark (see A/C.3/66/SR.21).
* The report of the Committee on this item is being issued in five parts, under the symbol A/66/462
and Add.1-4.

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II. Consideration of proposals
A.

Draft resolutions A/C.3/66/L.23 and Rev.1
7.
At the 31st meeting, on 25 October, the representative of Sweden, on behalf of
Albania, Argentina, Australia, Austria, Belgium, Bulgaria, Canada, Chile, Costa
Rica, Croatia, Cyprus, the Czech Republic, Denmark, the Dominican Republic,
Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland,Israel, Italy, Japan, Jordan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,
Mexico, Monaco, Montenegro, the Netherlands, New Zealand, Norway, Panama,
Peru, Poland, Portugal, the Republic of Korea, the Republic of Moldova, Romania,
Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, the former
Yugoslav Republic of Macedonia, Ukraine, the United Kingdom of Great Britain
and Northern Ireland and Uruguay, introduced a draft resolution entitled“International Covenants on Human Rights” (A/C.3/66/L.23), which read:“The General Assembly,“Recalling its resolution 64/152 of 18 December 2009,“1. Welcomes the annual reports of the Human Rights Committee
submitted to the General Assembly at its sixty-fifth and sixty-sixth sessions;“2. Also welcomes the reports of the Committee on Economic, Social
and Cultural Rights on its forty-second and forty-third sessions and on its
forty-fourth and forty-fifth sessions;“3. Invites the Chairs of the Committees to address and engage in aninteractive dialogue with the General Assembly at its sixty-seventh and sixtyeighth sessions under the item entitled ‘Promotion and protection of humanrights’, within existing resources;“4. Requests the Secretary-General to keep the General Assembly
informed of the status of the International Covenants on Human Rights and the
Optional Protocols thereto, including all reservations and declarations, throughthe United Nations websites.”8.
At its 45th meeting, on 17 November, the Committee had before it a revised
draft resolution entitled “International Covenants on Human Rights”(A/C.3/66/L.23/Rev.1), submitted by Albania, Argentina, Armenia, Australia,
Austria, Belgium, Bolivia (Plurinational State of), Bosnia and Herzegovina, Brazil,
Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, the Czech Republic,
Denmark, the Dominican Republic, Estonia, Finland, France, Georgia, Germany,
Greece, Guatemala, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Montenegro, theNetherlands, New Zealand, Norway, Panama, Peru, Poland, Portugal, the Republicof Korea, the Republic of Moldova, Romania, San Marino, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia,
Turkey, Ukraine, the United Kingdom of Great Britain and Northern Ireland and
Uruguay. Subsequently, Benin, Ecuador, Honduras, India, Madagascar, Paraguay,
the United Republic of Tanzania and Venezuela (Bolivarian Republic of) joined insponsoring the draft resolution.

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9.
At the same meeting, the Committee adopted draft resolution
A/C.3/66/L.23/Rev.1 (see para. 22, draft resolution I). After the adoption of the draft
resolution, a statement was made by the representative of the United States ofAmerica (see A/C.3/66/SR.45).

B.

Draft resolutions A/C.3/66/L.27 and Rev.1
10. At the 31st meeting, on 25 October, the representative of Brazil, on behalf ofArgentina, Australia, Bangladesh, Brazil, the Dominican Republic, Guatemala,Ireland, Jamaica, Panama, Peru, Poland, Portugal, Singapore, Turkey and the UnitedStates of America, introduced a draft resolution entitled “World Down Syndrome
Day” (A/C.3/66/L.27), which read:“The General Assembly,“Recalling the 2005 World Summit Outcome and the United Nations
Millennium Declaration, as well as the outcomes of the major United Nations
conferences and summits in the economic, social and related fields,“Recalling also the Convention on the Rights of Persons with
Disabilities, according to which persons with disabilities should enjoy a fulland decent life, in conditions that ensure dignity, promote self-reliance andfacilitate the person’s active participation in the community and the fullenjoyment of all human rights and fundamental freedoms on an equal basiswith other persons, and by which States parties undertake to adopt immediate,
effective and appropriate measures to raise awareness throughout society
regarding persons with disabilities,“Affirming that ensuring and promoting the full realization of all humanrights and fundamental freedoms for all persons with disabilities is critical toachieving internationally agreed development goals,“Aware that Down syndrome is a naturally occurring chromosomal
arrangement that has always been a part of the human condition, being
universally present across racial, gender and socio-economic lines, and affects
approximately 1 in 800 births worldwide, causing intellectual disability andassociated medical issues,“Deeply concerned by the prevalence and high rate of Down syndrome inpersons in all regions of the world and the consequent development challenges
in the areas of long-term health care, education, training and intervention
programmes undertaken by Governments, non-governmental organizations andthe private sector, as well as its considerable impact on families, communities
and societies,“Recalling that adequate access to health care, to early intervention
programmes and to inclusive education, as well as appropriate research, arevital to the growth and development of the individual,“Recognizing the inherent dignity, worth and valuable contributions of
persons with intellectual disabilities as promoters of the well-being anddiversity of their communities, and the importance of their individualautonomy and independence, including the freedom to make their own choices,

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A/66/462/Add.1“1. Decides to designate 21 March as World Down Syndrome Day, tobe observed every year beginning in 2012;“2. Invites all Member States, relevant organizations of the United
Nations system and other international organizations, as well as civil society,including non-governmental organizations and the private sector, to observe
World Down Syndrome Day in an appropriate manner, in order to raise publicawareness of Down syndrome;“3. Encourages Member States to take measures to raise awarenessthroughout society, including at the family level, regarding persons with Down
syndrome;“4. Requests the Secretary-General to bring the present resolution to
the attention of all Member States and United Nations organizations.”
11. At its 43rd meeting, on 10 November, the Committee had before it a revised
draft resolution entitled “World Down Syndrome Day” (A/C.3/66/L.27/Rev.1),
submitted by Argentina, Australia, Austria, Bangladesh, Belarus, Bolivia(Plurinational State of), Brazil, Bulgaria, Canada, Costa Rica, Cuba, Cyprus,
Denmark, the Dominican Republic, Ecuador, Egypt, Finland, France, Georgia,
Germany, Greece, Guatemala, Hungary, Ireland, Israel, Italy, Jamaica, Luxembourg,
Malta, Mexico, Monaco, Panama, Peru, the Philippines, Poland, Portugal, Romania,
Singapore, Slovenia, Spain, the Syrian Arab Republic, Thailand, Turkey, Ukraine,
the United Kingdom of Great Britain and Northern Ireland, the United States ofAmerica and Uruguay. Subsequently, Albania, Armenia, Bhutan, Bosnia andHerzegovina, Burundi, Colombia, Eritrea, Guyana, Haiti, Honduras, Iceland, India,
Indonesia, Jordan, Latvia, Lithuania, Malaysia, Mauritania, Morocco, Montenegro,
Nicaragua, Paraguay, Qatar, the Republic of Korea, the Republic of Moldova, San
Marino, Serbia, the former Yugoslav Republic of Macedonia, Timor-Leste andVenezuela (Bolivarian Republic of) joined in sponsoring the draft resolution.
12. At the same meeting, the Committee adopted
A/C.3/66/L.27/Rev.1 (see para. 22, draft resolution II).

C.

draft

resolution

Draft resolutions A/C.3/66/L.28 and Rev.1
13. At the 31st meeting, on 25 October, the representative of Denmark, on behalfof Albania, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Costa
Rica, Croatia, Cyprus, the Czech Republic, Denmark, the Dominican Republic,
El Salvador, Estonia, Finland, France, Germany, Greece, Guatemala, Honduras,
Hungary, Iceland, Ireland, Italy, Jordan, Latvia, Liechtenstein, Lithuania,
Luxembourg, Maldives, Malta, Mexico, Micronesia (Federated States of),Montenegro, Morocco, the Netherlands, New Zealand, Norway, Peru, Poland,
Portugal, the Republic of Korea, the Republic of Moldova, Romania, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Turkey, the former Yugoslav Republic ofMacedonia, Ukraine, the United Kingdom of Great Britain and Northern Ireland, theUnited States of America and Uruguay, introduced a draft resolution entitled“Torture and other cruel, inhuman or degrading treatment or punishment”(A/C.3/66/L.28), which read:4

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A/66/462/Add.1“The General Assembly,“Reaffirming that no one shall be subjected to torture or other cruel,inhuman or degrading treatment or punishment,“Recalling that freedom from torture and other cruel, inhuman ordegrading treatment or punishment is a non-derogable right under international
law that must be respected under all circumstances, including in times ofinternational or internal armed conflict or disturbance or any other public
emergency, that the absolute prohibition of torture and other cruel, inhuman ordegrading treatment or punishment is affirmed in relevant international
instruments and that legal and procedural safeguards against such acts mustnot be subject to measures that would circumvent this right,“Recalling also that the prohibition of torture is a peremptory norm ofinternational law and that international, regional and domestic courts have held
the prohibition of cruel, inhuman or degrading treatment or punishment to becustomary international law,
“Recalling further the definition of torture contained in article 1 of theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, without prejudice to any international instrument or national
legislation which contains or may contain provisions of wider application,“Emphasizing the importance of properly interpreting and implementing
the obligations of States with respect to torture and other cruel, inhuman ordegrading treatment or punishment and of abiding strictly by the definition of
torture contained in article 1 of the Convention,“Noting that, under the Geneva Conventions of 1949, torture andinhuman treatment are a grave breach and that, under the statute of theInternational Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the Territory of
the Former Yugoslavia since 1991, the statute of the International Criminal
Tribunal for the Prosecution of Persons Responsible for Genocide and Other
Serious Violations of International Humanitarian Law Committed in the
Territory of Rwanda and Rwandan Citizens Responsible for Genocide andOther Such Violations Committed in the Territory of Neighbouring States
between 1 January and 31 December 1994 and the Rome Statute of theInternational Criminal Court, acts of torture can constitute crimes against
humanity and, when committed in a situation of armed conflict, constitute war
crimes,“Welcoming the entry into force of the International Convention for theProtection of All Persons from Enforced Disappearance, the implementation ofwhich will make a significant contribution to the prevention and prohibition of
torture, including by prohibiting secret places of detention, and encouraging
all States that have not ratified or acceded to the Convention to consider doingso,“Commending the persistent efforts of civil society organizations,
including non-governmental organizations, national human rights institutions
and national preventive mechanisms, and the considerable network of centres

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for the rehabilitation of victims of torture, to prevent and combat torture and to
alleviate the suffering of victims of torture,“Deeply concerned with increasing acts of torture and other cruel,inhuman or degrading treatment or punishment committed against peacefulprotesters,“1. Condemns all forms of torture and other cruel, inhuman ordegrading treatment or punishment, including through intimidation, which are
and shall remain prohibited at any time and in any place whatsoever and canthus never be justified, and calls upon all States to implement fully theabsolute and non-derogable prohibition of torture and other cruel, inhuman ordegrading treatment or punishment;“2. Emphasizes that States must take persistent, determined andeffective measures to prevent and combat all acts of torture and other cruel,inhuman or degrading treatment or punishment, stresses that all acts of torturemust be made offences under domestic criminal law, and encourages States toprohibit under domestic law acts constituting cruel, inhuman or degrading
treatment or punishment;“3. Welcomes the establishment of national preventive mechanisms toprevent torture and other cruel, inhuman or degrading treatment or
punishment, urges all States to consider establishing, or maintaining andenhancing, independent and effective mechanisms with qualified legal andother expertise to undertake effective monitoring visits to places of detention,inter alia with a view to preventing acts of torture or other cruel, inhuman ordegrading treatment or punishment, and calls upon States parties to the
Optional Protocol to the Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment to fulfil their obligation to designate or
establish truly independent and effective national preventive mechanisms;“4. Emphasizes the importance of States ensuring proper follow-up to
the recommendations and conclusions of the relevant treaty bodies andmechanisms, including the Committee against Torture, the Subcommittee on
Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Special Rapporteur of the Human Rights Council on
torture and other cruel, inhuman or degrading treatment or punishment;“5. Condemns any action or attempt by States or public officials tolegalize, authorize or acquiesce in torture and other cruel, inhuman ordegrading treatment or punishment under any circumstances, including on
grounds of national security or through judicial decisions, and urges States toensure accountability for all such acts;“6. Stresses that an independent, competent domestic authority must
promptly, effectively and impartially investigate all allegations of torture orother cruel, inhuman or degrading treatment or punishment, as well as
wherever there is reasonable ground to believe that such an act has beencommitted, and that those who encourage, order, tolerate or perpetrate suchacts must be held responsible, brought to justice and punished in a mannercommensurate with the severity of the offence, including the officials incharge of any place of detention or other place where persons are deprived of
their liberty, where the prohibited act is found to have been committed;

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A/66/462/Add.1“7. Recalls, in this respect, the Principles on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Principles) as a useful tool in efforts toprevent and combat torture and the updated set of principles for the protection
and promotion of human rights through action to combat impunity;“8. Encourages States to establish or maintain appropriate national
processes to record allegations of torture and other cruel, inhuman ordegrading treatment or punishment;“9. Calls upon all States to implement effective measures to prevent
torture and other cruel, inhuman or degrading treatment or punishment,
particularly in places of detention and other places where persons are deprivedof their liberty, including legal and procedural safeguards, as well as educationand training of personnel who may be involved in the custody, interrogation ortreatment of any individual subjected to any form of arrest, detention or
imprisonment;“10. Urges States, as an important element in preventing and combating
torture and other cruel, inhuman or degrading treatment or punishment, toensure that no authority or official orders, applies, permits or tolerates any
sanction or other prejudice against any person or organization for having beenin contact with any national or international monitoring or preventive body
active in the prevention and combating of torture and other cruel, inhuman ordegrading treatment or punishment;“11. Calls upon all States to adopt a gender-sensitive approach in thefight against torture and other cruel, inhuman or degrading treatment or
punishment, paying special attention to gender-based violence;“12. Calls upon States to ensure that the rights of persons withdisabilities, bearing in mind the Convention on the Rights of Persons with
Disabilities, are fully integrated into torture prevention and protection, andwelcomes the efforts of the Special Rapporteur in this regard;“13. Encourages all States to ensure that persons convicted of torture orother cruel, inhuman or degrading treatment or punishment have no subsequent
involvement in the custody, interrogation or treatment of any person underarrest, detention, imprisonment or other deprivation of liberty and that persons
charged with torture or other cruel, inhuman or degrading treatment or
punishment have no involvement in the custody, interrogation or treatment ofany person under arrest, detention, imprisonment or other deprivation ofliberty while such charges are pending;“14. Emphasizes that acts of torture in armed conflict are serious
violations of international humanitarian law and in this regard constitute war
crimes, that acts of torture can constitute crimes against humanity and that theperpetrators of all acts of torture must be prosecuted and punished;“15. Stresses the contribution of the International Criminal Court toending impunity by seeking to ensure accountability and punishment of
perpetrators of torture and other cruel, inhuman or degrading treatment, andencourages States that have not yet done so to consider ratifying or acceding asa matter of priority to the Rome Statute, which now has 119 States parties;

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A/66/462/Add.1“16. Strongly urges States to ensure that no statement that is establishedto have been made as a result of torture is invoked as evidence in any
proceedings, except against a person accused of torture as evidence that thestatement was made, encourages States to extend that prohibition to statements
made as a result of cruel, inhuman or degrading treatment or punishment, andrecognizes that adequate corroboration of statements, including confessions,used as evidence in any proceedings constitutes one safeguard for theprevention of torture and other cruel, inhuman or degrading treatment or
punishment;“17. Stresses that States must not punish personnel for not obeyingorders to commit or conceal acts amounting to torture or other cruel, inhumanor degrading treatment or punishment;“18. Urges States not to expel, return (‘refouler’), extradite or in any
other way transfer a person to another State where there are substantial
grounds for believing that the person would be in danger of being subjected totorture, stresses the importance of effective legal and procedural safeguards inthis regard, and recognizes that diplomatic assurances, where used, do notrelease States from their obligations under international human rights,
humanitarian and refugee law, in particular the principle of non-refoulement;“19. Recalls that, for the purpose of determining whether there are suchgrounds, the competent authorities shall take into account all relevant
considerations, including, where applicable, the existence in the State
concerned of a consistent pattern of gross, flagrant or mass violations ofhuman rights;“20. Calls upon States parties to the Convention against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment to fulfil their
obligation to submit for prosecution or extradite those alleged to havecommitted acts of torture, and encourages other States to do likewise, bearing
in mind the need to fight impunity;“21. Stresses that national legal systems must ensure that victims of
torture or other cruel, inhuman or degrading treatment or punishment obtainredress without suffering any retribution for bringing complaints or giving
evidence, are awarded fair and adequate compensation and receive appropriatesocial, psychological, medical and other relevant specialized rehabilitation,and urges States to establish, maintain, facilitate or support rehabilitation
centres or facilities where victims of torture can receive such treatment andwhere effective measures for ensuring the safety of their staff and patients aretaken;“22. Recalls its resolution 43/173 of 9 December 1988 on the Body ofPrinciples for the Protection of All Persons under Any Form of Detention or
Imprisonment, and in this context stresses that ensuring that any individualarrested or detained is promptly brought before a judge or other independent
judicial officer in person and permitting prompt and regular medical care andlegal counsel as well as visits by family members and independent monitoringmechanisms are effective measures for the prevention of torture and othercruel, inhuman or degrading treatment or punishment;

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A/66/462/Add.1“23. Reminds all States that prolonged incommunicado detention or
detention in secret places is known to facilitate the perpetration of torture andother cruel, inhuman or degrading treatment or punishment and can in itself
constitute a form of such treatment, and urges all States to respect thesafeguards concerning the liberty, security and dignity of the person and toensure that secret places of detention and interrogation are abolished;“24. Emphasizes that conditions of detention must respect the dignity
and human rights of detainees, highlights the importance of reflecting on thisin efforts to promote respect for and protection of the rights of detainees, andnotes in this regard concerns about solitary confinement;“25. Calls upon all States to take appropriate effective legislative,administrative, judicial and other measures to prevent and prohibit the
production, trade, export, import and use of goods and equipment that have nopractical use other than for the purpose of torture or other cruel, inhuman ordegrading treatment or punishment;“26. Urges all States that have not yet done so to become parties to theConvention as a matter of priority, and calls upon States parties to give earlyconsideration to signing and ratifying the Optional Protocol to the Convention;“27. Urges all States parties to the Convention that have not yet done so
to make the declarations provided for in articles 21 and 22 concerning interState and individual communications, to consider the possibility ofwithdrawing their reservations to article 20 and to notify the Secretary-Generalof their acceptance of the amendments to articles 17 and 18 with a view toenhancing the effectiveness of the Committee as soon as possible;“28. Urges States parties to comply strictly with their obligations under
the Convention, including, in view of the high number of reports not submitted
in time, their obligation to submit reports in accordance with article 19 of theConvention, and invites States parties to incorporate a gender perspective andinformation concerning children and juveniles and persons with disabilities
when submitting reports to the Committee;“29. Welcomes the work of the Committee and its report submitted inaccordance with article 24 of the Convention, recommends that the Committee
continue to include information on the follow-up by States to its
recommendations, and supports the Committee in its intention to further
improve the effectiveness of its working methods;“30. Invites the Chairs of the Committee and of the Subcommittee topresent oral reports on the work of the committees and to engage in aninteractive dialogue with the General Assembly at its sixty-seventh session
under the sub-item entitled ‘Implementation of human rights instruments’;“31. Calls upon the United Nations High Commissioner for Human
Rights, in conformity with her mandate established by the General Assemblyin its resolution 48/141 of 20 December 1993, to continue to provide, at therequest of States, advisory services for the prevention of torture and othercruel, inhuman or degrading treatment or punishment, including for the
preparation of national reports to the Committee and for the establishment andoperation of national preventive mechanisms, as well as technical assistance

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for the development, production and distribution of teaching material for thispurpose;“32. Takes note with appreciation of the interim report of the Special
Rapporteur, and encourages the Special Rapporteur to continue to include in
his recommendations proposals on the prevention and investigation of tortureand other cruel, inhuman or degrading treatment or punishment, including its
gender-based manifestations;“33. Requests the Special Rapporteur to continue to consider including
in his report information on the follow-up by States to his recommendations,visits and communications, including progress made and problems
encountered, and on other official contacts;“34. Calls upon all States to cooperate with and assist the Special
Rapporteur in the performance of his task, to supply all necessary information
requested by the Special Rapporteur, to fully and expeditiously respond to andfollow up on his urgent appeals, to give serious consideration to responding
favourably to requests by the Special Rapporteur to visit their countries and toenter into a constructive dialogue with the Special Rapporteur on requested
visits to their countries as well as with respect to the follow-up to his
recommendations;“35. Stresses the need for the continued regular exchange of views
among the Committee, the Subcommittee, the Special Rapporteur and otherrelevant United Nations mechanisms and bodies, as well as for the pursuanceof cooperation with relevant United Nations programmes, notably the United
Nations crime prevention and criminal justice programme, with regionalorganizations and mechanisms, as appropriate, and with civil society
organizations, including non-governmental organizations, with a view toenhancing further their effectiveness and cooperation on issues relating to theprevention and eradication of torture, inter alia, by improving theircoordination;“36. Recognizes the global need for international assistance to victims of
torture, stresses the importance of the work of the Board of Trustees of theUnited Nations Voluntary Fund for Victims of Torture, appeals to all States andorganizations to contribute annually to the Fund, preferably with a substantial
increase in the level of contributions, and encourages contributions to theSpecial Fund established by the Optional Protocol to help finance theimplementation of the recommendations made by the Subcommittee as well as
education programmes of the national preventive mechanisms;“37. Requests the Secretary-General to continue to transmit to all States
the appeals of the General Assembly for contributions to the Funds and toinclude the Funds on an annual basis among the programmes for which funds
are pledged at the United Nations Pledging Conference for Development
Activities;“38. Also requests the Secretary-General to submit to the Human Rights
Council and to the General Assembly at its sixty-seventh session a report on
the operations of the Funds;

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A/66/462/Add.1“39. Further requests the Secretary-General to ensure, within the overallbudgetary framework of the United Nations, the provision of adequate staff
and facilities for the bodies and mechanisms involved in preventing andcombating torture and assisting victims of torture or other cruel, inhuman ordegrading treatment or punishment, including, in particular, the Committee,
the Subcommittee and the Special Rapporteur, commensurate with the strong
support expressed by Member States for preventing and combating torture andassisting victims of torture, in order to enable them to discharge their mandates
in a comprehensive, sustained and effective manner and taking fully into
account the specific nature of their mandates;“40. Calls upon all States, the Office of the United Nations HighCommissioner for Human Rights and other United Nations bodies andagencies, as well as relevant intergovernmental and civil society organizations,
including non-governmental organizations, to commemorate, on 26 June, theUnited Nations International Day in Support of Victims of Torture;“41. Decides to consider at its sixty-seventh session the reports of theSecretary-General, including the report on the United Nations Voluntary Fundfor Victims of Torture and the Special Fund established by the Optional
Protocol, the report of the Committee against Torture and the interim report of
the Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment.”
14. At its 43rd meeting, on 10 November, the Committee had before it a revised
draft resolution entitled “Torture and other cruel, inhuman or degrading treatment or
punishment” (A/C.3/66/L.28/Rev.1), submitted by Albania, Andorra, Argentina,
Armenia, Australia, Austria, Azerbaijan, Belgium, Belize, Benin, Bosnia andHerzegovina, Brazil, Bulgaria, Burkina Faso, Canada, Chile, Costa Rica, Côte
d’Ivoire, Croatia, Cyprus, the Czech Republic, Denmark, the Dominican Republic,
Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece,
Guatemala, Honduras, Hungary, Iceland, Iraq, Ireland, Israel, Italy, Jordan, Latvia,
Liechtenstein, Lithuania, Luxembourg, Maldives, Mali, Malta, Mexico, Micronesia(Federated States of), Mongolia, Montenegro, Morocco, the Netherlands, New
Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, the Republic of Korea,
the Republic of Moldova, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain,
Sweden, Switzerland, Timor-Leste, Tunisia, the former Yugoslav Republic ofMacedonia, Turkey, Ukraine, the United Kingdom of Great Britain and Northern
Ireland, the United States of America and Uruguay. Subsequently, Bolivia(Plurinational State of), Nicaragua, the Niger, Sierra Leone and Venezuela(Bolivarian Republic of) joined in sponsoring the draft resolution.
15. At the same meeting, the representative of Denmark orally revised the text asfollows:(a) In the ninth preambular paragraph, the words “peaceful protesters” were
replaced with the words “persons exercising their rights of peaceful assembly andfreedom of expression”; and the words “all situations and” were deleted before “allregions”;(b) Operative paragraph 8 was moved and renumbered as paragraph 6 andexisting operative paragraphs 6 and 7 were renumbered accordingly;

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A/66/462/Add.1(c) In operative paragraph 14, the words “acknowledges the efforts” were
replaced with the words “notes the efforts”; and the words “bearing in mind its
principle of complementarity” were inserted after the words “Rome Statute”;(d) In operative paragraph 22, the words “is known to facilitate” were
replaced with the words “can facilitate”.
16. At its 43rd meeting, the Committee adopted draft resolution
A/C.3/66/L.28/Rev.1, as orally revised (see para. 22, draft resolution III).

D.

Draft resolutions A/C.3/66/L.29 and Rev.1
17. At the 31st meeting, on 25 October, the representative of Mexico, on behalf ofArgentina, Australia, Bolivia (Plurinational State of), Brazil, Chile, Costa Rica,
Croatia, Cyprus, Denmark, Ecuador, Finland, Guatemala, Guinea, Guyana, Haiti,
Honduras, Hungary, Jamaica, Jordan, Latvia, Luxembourg, Mexico, Morocco, New
Zealand, Nicaragua, Nigeria, Norway, Peru, Portugal, Sierra Leone, Slovakia, Spain,
Sweden, Thailand and Togo, introduced a draft resolution entitled “Convention on
the Rights of Persons with Disabilities and the Optional Protocol thereto”(A/C.3/66/L.29), which read:“The General Assembly,“Recalling its previous relevant resolutions, the most recent of which was
resolution 64/154 of 18 December 2009, as well as relevant resolutions of the
Human Rights Council, the Commission for Social Development and theCommission on Human Rights,“Noting the request of the Committee on the Rights of Persons with
Disabilities that the General Assembly authorize an extension of its meetingtime,“Noting also that the Committee has a unique operative environment andcurrently only meets for two sessions of one week a year,“1. Welcomes the fact that, since the opening for signature of theConvention on the Rights of Persons with Disabilities and the Optional
Protocol thereto on 30 March 2007, one hundred and forty-nine States havesigned and one hundred and three States have ratified the Convention andninety States have signed and seventy-two States have ratified the Optional
Protocol, and that one regional integration organization has ratified theConvention;“2. Calls upon those States that have not yet done so to consider
signing and ratifying the Convention and the Optional Protocol as a matter ofpriority;“3. Welcomes the holding of the third and fourth sessions of theConference of States Parties to the Convention and the work of the Committee
on the Rights of Persons with Disabilities;“4. Decides to authorize the Committee to meet for an additional week
per year in order to address the reports awaiting consideration, and alsodecides to review, during the sixty-seventh session of the General Assembly,
the extension of the Committee’s sessions;12

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A/66/462/Add.1“5. Invites the Chairperson of the Committee to address and engage in
an interactive dialogue with the General Assembly at its sixty-seventh andsixty-eighth sessions, under the item entitled ‘Promotion and protection ofhuman rights’, as a way to enhance communication between the Assembly andthe Committee;“6. Welcomes the report of the Secretary-General and the activities
undertaken in support of the Convention;“7. Encourages the Inter-Agency Support Group on the Convention tocontinue its work to mainstream the Convention throughout the United Nations
system through its joint strategy and action plan approved in 2010, and calls
upon the Department of Economic and Social Affairs and the Office of theUnited Nations High Commissioner for Human Rights to continue
strengthening their cooperation in this regard;“8. Invites the Secretary-General to intensify efforts to assist States tobecome parties to the Convention and the Optional Protocol, including by
providing assistance with a view to achieving universal adherence;“9. Requests the Secretary-General to continue the progressive
implementation of standards and guidelines for the accessibility of facilities
and services of the United Nations system, taking into account relevant
provisions of the Convention, in particular when undertaking renovations,
including interim arrangements;“10. Also requests the Secretary-General to take further actions topromote the rights of persons with disabilities in the United Nations system inaccordance with the Convention, including the retention and recruitment of
persons with disabilities;“11. Requests United Nations agencies and organizations, and invites
intergovernmental and non-governmental organizations, to continue tostrengthen efforts undertaken to disseminate accessible information on theConvention and the Optional Protocol, including to children and young people
to promote their understanding, and to assist States parties in implementing
their obligations under those instruments;“12. Requests the Secretary-General to submit to the General Assemblyat its sixty-seventh session a report on the status of the Convention and the
Optional Protocol, and the implementation of the present resolution.”
18. At its 44th meeting, on 15 November, the Committee had before it a revised
draft resolution entitled “Convention on the Rights of Persons with Disabilities andthe Optional Protocol thereto” (A/C.3/66/L.29/Rev.1), submitted by Argentina,
Australia, Austria, Bangladesh, Belgium, Bolivia (Plurinational State of), Bosnia
and Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia,
Cyprus, the Czech Republic, Denmark, Ecuador, Egypt, Estonia, Finland, France,
Germany, Greece, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland,
India, Ireland, Israel, Italy, Jamaica, Jordan, Latvia, Lithuania, Luxembourg, Malta,
Mexico, Micronesia (Federated States of), Montenegro, Morocco, the Netherlands,
New Zealand, Nicaragua, Nigeria, Norway, Papua New Guinea, Peru, thePhilippines, Poland, Portugal, the Republic of Korea, Romania, Samoa, Senegal,
Serbia, Sierra Leone, Slovakia, Slovenia, Spain, the Sudan, Sweden, Thailand, the11-62057

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former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Ukraine, the United
Kingdom of Great Britain and Northern Ireland and Vanuatu. Subsequently, Albania,
Armenia, Azerbaijan, Belize, Burkina Faso, Cameroon, the Dominican Republic,
Ethiopia, Guinea-Bissau, Kyrgyzstan, Lebanon, Lesotho, Liberia, Malaysia, Mali,
Myanmar, Namibia, the Niger, Panama, Paraguay, the Republic of Moldova, theRussian Federation, San Marino, South Africa, Suriname, Swaziland, Tunisia,
Turkey, the United States of America and Uruguay joined in sponsoring the draft
resolution.
19. At the same meeting, the attention of the Committee was drawn to thestatement of programme budget implications contained in document A/C.3/66/L.58.
20. Also at its 44th meeting, the Committee adopted
A/C.3/66/L.29/Rev.1 (see para. 22, draft resolution IV).

draft

resolution

21. After the adoption of the draft resolution, the representative of Japan made astatement (see A/C.3/66/SR.44).

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III. Recommendations of the Third Committee
22. The Third Committee recommends to the General Assembly the adoption of
the following draft resolutions:

Draft resolution I
International Covenants on Human Rights
The General Assembly,
Recalling its resolution 64/152 of 18 December 2009,1.
Welcomes the annual report of the Human Rights Committee submitted to
the General Assembly at its sixty-fifth session; 1
2.
Also welcomes the report of the Committee on Economic, Social andCultural Rights on its forty-second and forty-third sessions 2 and on its forty-fourthand forty-fifth sessions; 33.
Invites the Chairs of the Committees to address and engage in aninteractive dialogue with the General Assembly at its sixty-seventh and sixty-eighth
sessions under the item entitled “Promotion and protection of human rights”, within
existing resources;
Requests the Secretary-General to keep the General Assembly informed
4.
of the status of the International Covenants on Human Rights and the Optional
Protocols thereto, including all reservations and declarations, through the United
Nations websites.

__________________
1 Official Records of the General Assembly, Sixty-fifth Session, Supplement No. 40 (A/65/40),

vols. I and II.
2 Official Records of the Economic and Social Council, 2010, Supplement No. 2 (E/2010/22).
3 Ibid., 2011, Supplement No. 2 (E/2011/22).

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Draft resolution II
World Down Syndrome Day
The General Assembly,
Recalling the 2005 World Summit Outcome 1 and the United Nations
Millennium Declaration, 2 as well as the outcomes of the major United Nations
conferences and summits in the economic, social and related fields,
Recalling also the Convention on the Rights of Persons with Disabilities, 3
according to which persons with disabilities should enjoy a full and decent life, inconditions that ensure dignity, promote self-reliance and facilitate the person’s
active participation in the community and the full enjoyment of all human rights andfundamental freedoms on an equal basis with other persons, and by which States
parties undertake to adopt immediate, effective and appropriate measures to raiseawareness throughout society regarding persons with disabilities,
Affirming that ensuring and promoting the full realization of all human rights
and fundamental freedoms for all persons with disabilities is critical to achieving
internationally agreed development goals,
Aware that Down syndrome is a naturally occurring chromosomal arrangementthat has always been a part of the human condition, exists in all regions across theglobe and commonly results in variable effects on learning styles, physicalcharacteristics or health,
Recalling that adequate access to health care, to early intervention programmes
and to inclusive education, as well as appropriate research, are vital to the growthand development of the individual,
Recognizing the inherent dignity, worth and valuable contributions of persons
with intellectual disabilities as promoters of the well-being and diversity of theircommunities, and the importance of their individual autonomy and independence,
including the freedom to make their own choices,
Decides to designate 21 March as World Down Syndrome Day, to be1.
observed every year beginning in 2012;2.
Invites all Member States, relevant organizations of the United Nations
system and other international organizations, as well as civil society, including
non-governmental organizations and the private sector, to observe World Down
Syndrome Day in an appropriate manner, in order to raise public awareness of Down
syndrome;
Encourages Member States to take measures to raise awareness3.
throughout society, including at the family level, regarding persons with Down
syndrome;
Requests the Secretary-General to bring the present resolution to the4.
attention of all Member States and United Nations organizations.

__________________
1 See resolution 60/1.
2 See resolution 55/2.
3 Resolution 61/106, annex I.

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Draft resolution III
Torture and other cruel, inhuman or degrading treatment
or punishment
The General Assembly,
Reaffirming that no one shall be subjected to torture or other cruel, inhuman ordegrading treatment or punishment,
Recalling that freedom from torture and other cruel, inhuman or degrading
treatment or punishment is a non-derogable right under international law, includinginternational human rights law and international humanitarian law, that must be
respected and protected under all circumstances, including in times of international
or internal armed conflict or disturbance or any other public emergency, that theabsolute prohibition of torture and other cruel, inhuman or degrading treatment or
punishment is affirmed in relevant international instruments and that legal andprocedural safeguards against such acts must not be subject to measures that would
circumvent this right,
Recalling also that the prohibition of torture is a peremptory norm ofinternational law and that international, regional and domestic courts have held theprohibition of cruel, inhuman or degrading treatment or punishment to be customaryinternational law,
Recalling further the definition of torture contained in article 1 of theConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 1 without prejudice to any international instrument or national
legislation which contains or may contain provisions of wider application,
Emphasizing the importance of properly interpreting and implementing theobligations of States with respect to torture and other cruel, inhuman or degrading
treatment or punishment and of abiding strictly by the definition of torture containedin article 1 of the Convention,
Noting that, under the Geneva Conventions of 1949, 2 torture and inhumantreatment are a grave breach and that, under the statute of the International Tribunal
for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991,
the statute of the International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of International
Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens
Responsible for Genocide and Other Such Violations Committed in the Territory of
Neighbouring States between 1 January and 31 December 1994 and the Rome
Statute of the International Criminal Court, 3 acts of torture can constitute crimes
against humanity and, when committed in a situation of armed conflict, constitutewar crimes,
Welcoming the entry into force of the International Convention for theProtection of All Persons from Enforced Disappearance, 4 the implementation of__________________
1 United Nations, Treaty Series, vol. 1465, No. 24841.
2 Ibid., vol. 75, Nos. 970-973.
3 Ibid., vol. 2187, No. 38544.
4 Resolution 61/177, annex.

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which will make a significant contribution to the prevention and prohibition of
torture, including by prohibiting secret places of detention, and encouraging all
States that have not done so to consider signing, ratifying or acceding to theConvention,
Commending the persistent efforts of civil society organizations, including
non-governmental organizations, national human rights institutions and national
preventive mechanisms, and the considerable network of centres for the
rehabilitation of victims of torture, to prevent and combat torture and to alleviate thesuffering of victims of torture,
Deeply concerned with all acts which can amount to torture and other cruel,inhuman or degrading treatment or punishment committed against persons
exercising their rights of peaceful assembly and freedom of expression in all regionsof the world,
Condemns all forms of torture and other cruel, inhuman or degrading1.
treatment or punishment, including through intimidation, which are and shall remainprohibited at any time and in any place whatsoever and can thus never be justified,and calls upon all States to implement fully the absolute and non-derogableprohibition of torture and other cruel, inhuman or degrading treatment or
punishment;
Emphasizes that States must take persistent, determined and effective2.
measures to prevent and combat all acts of torture and other cruel, inhuman ordegrading treatment or punishment, stresses that all acts of torture must be madeoffences under domestic criminal law, and encourages States to prohibit underdomestic law acts constituting cruel, inhuman or degrading treatment or
punishment;
Welcomes the establishment of national preventive mechanisms to3.
prevent torture and other cruel, inhuman or degrading treatment or punishment,urges States to consider establishing, appointing, maintaining or enhancing
independent and effective mechanisms with qualified expertise to undertake
monitoring visits to places of detention, inter alia with a view to preventing acts of
torture or other cruel, inhuman or degrading treatment or punishment, and calls
upon States parties to the Optional Protocol to the Convention against Torture andOther Cruel, Inhuman or Degrading Treatment or Punishment 5 to fulfil their
obligation to designate or establish truly independent and effective national
preventive mechanisms;
Emphasizes the importance of States ensuring proper follow-up to the4.
recommendations and conclusions of the relevant treaty bodies and mechanisms,
including the Committee against Torture, the Subcommittee on Prevention of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and theSpecial Rapporteur of the Human Rights Council on torture and other cruel,inhuman or degrading treatment or punishment;
Condemns any action or attempt by States or public officials to legalize,
5.
authorize or acquiesce in torture and other cruel, inhuman or degrading treatment or
punishment under any circumstances, including on grounds of national security or__________________
5 United Nations, Treaty Series, vol. 2375, No. 24841.

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through judicial decisions, and urges States to ensure accountability of those
responsible for all such acts;
6.
Encourages States to consider establishing or maintaining appropriate
national processes to record allegations of torture and other cruel, inhuman ordegrading treatment or punishment;
Stresses that an independent, competent domestic authority must
7.
promptly, effectively and impartially investigate all allegations of torture or othercruel, inhuman or degrading treatment or punishment, as well as wherever there isreasonable ground to believe that such an act has been committed, and that those
who encourage, order, tolerate or perpetrate such acts must be held responsible,
brought to justice and punished in a manner commensurate with the severity of theoffence, including the officials in charge of any place of detention, or other place
where persons are deprived of their liberty, where the prohibited act is found to havebeen committed;
Recalls, in this respect, the Principles on the Effective Investigation and
8.
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (the Istanbul Principles) 6 as a useful tool in efforts to prevent andcombat torture and the updated set of principles for the protection and promotion ofhuman rights through action to combat impunity; 79.
Calls upon all States to implement effective measures to prevent tortureand other cruel, inhuman or degrading treatment or punishment, particularly inplaces of detention and other places where persons are deprived of their liberty,
including legal and procedural safeguards, as well as education and training of
personnel who may be involved in the custody, interrogation or treatment of any
individual subjected to any form of arrest, detention or imprisonment;
10. Urges States, as an important element in preventing and combating
torture and other cruel, inhuman or degrading treatment or punishment, to ensurethat no authority or official orders, applies, permits or tolerates any sanction or otherprejudice against any person or organization for having been in contact with any
national or international monitoring or preventive body active in the prevention andcombating of torture and other cruel, inhuman or degrading treatment or
punishment;
11. Calls upon all States to adopt a gender-sensitive approach in the fightagainst torture and other cruel, inhuman or degrading treatment or punishment,
paying special attention to gender-based violence;
12. Calls upon States to ensure that the rights of persons with disabilities,
bearing in mind the Convention on the Rights of Persons with Disabilities, 8 are fully
integrated into torture prevention and protection, and welcomes the efforts of theSpecial Rapporteur in this regard;
13. Encourages all States to ensure that persons convicted of torture or othercruel, inhuman or degrading treatment or punishment have no subsequent
involvement in the custody, interrogation or treatment of any person under arrest,
detention, imprisonment or other deprivation of liberty and that persons charged__________________
6 Resolution 55/89, annex.
7 See E/CN.4/2005/102/Add.1.
8 Resolution 61/106, annex I.

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with torture or other cruel, inhuman or degrading treatment or punishment have no
involvement in the custody, interrogation or treatment of any person under arrest,
detention, imprisonment or other deprivation of liberty while such charges are
pending;
14. Emphasizes that acts of torture in armed conflict are serious violations ofinternational humanitarian law and in this regard constitute war crimes, that acts of
torture can constitute crimes against humanity and that the perpetrators of all acts of
torture must be prosecuted and punished, and in this regard notes the efforts of theInternational Criminal Court to end impunity by seeking to ensure accountability
and punishment of perpetrators of such acts, in accordance with the Rome Statute,3bearing in mind its principle of complementarity, and encourages States that have
not yet done so to consider ratifying or acceding to the Rome Statute;
15. Strongly urges States to ensure that no statement that is established tohave been made as a result of torture is invoked as evidence in any proceedings,
except against a person accused of torture as evidence that the statement was made,encourages States to extend that prohibition to statements made as a result of cruel,inhuman or degrading treatment or punishment, and recognizes that adequate
corroboration of statements, including confessions, used as evidence in any
proceedings constitutes one safeguard for the prevention of torture and other cruel,inhuman or degrading treatment or punishment;
16. Stresses that States must not punish personnel for not obeying orders tocommit or conceal acts amounting to torture or other cruel, inhuman or degrading
treatment or punishment;
17. Urges States not to expel, return (“refouler”), extradite or in any otherway transfer a person to another State where there are substantial grounds forbelieving that the person would be in danger of being subjected to torture, stresses
the importance of effective legal and procedural safeguards in this regard, andrecognizes that diplomatic assurances, where used, do not release States from their
obligations under international human rights, humanitarian and refugee law, inparticular the principle of non-refoulement;
18. Recalls that, for the purpose of determining whether there are suchgrounds, the competent authorities shall take into account all relevant
considerations, including, where applicable, the existence in the State concerned ofa consistent pattern of gross, flagrant or mass violations of human rights;
19. Calls upon States parties to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment1 to fulfil their obligation tosubmit for prosecution or extradite those alleged to have committed acts of torture,and encourages other States to do likewise, bearing in mind the need to fightimpunity;
20. Stresses that national legal systems must ensure that victims of torture orother cruel, inhuman or degrading treatment or punishment obtain redress without
suffering any retribution for bringing complaints or giving evidence, have access tojustice, are awarded fair and adequate compensation and receive appropriate social,
psychological, medical and other relevant specialized rehabilitation, and urges
States to establish, maintain, facilitate or support rehabilitation centres or facilities
where victims of torture can receive such treatment and where effective measuresfor ensuring the safety of their staff and patients are taken;

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21. Recalls its resolution 43/173 of 9 December 1988 on the Body ofPrinciples for the Protection of All Persons under Any Form of Detention or
Imprisonment, and in this context stresses that ensuring that any individual arrested
or detained is promptly brought before a judge or other independent judicial officer
in person and permitting prompt and regular medical care and legal counsel as well
as visits by family members and independent monitoring mechanisms are effective
measures for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment;
22. Reminds all States that prolonged incommunicado detention or detention
in secret places can facilitate the perpetration of torture and other cruel, inhuman ordegrading treatment or punishment and can in itself constitute a form of suchtreatment, and urges all States to respect the safeguards concerning the liberty,
security and dignity of the person and to ensure that secret places of detention andinterrogation are abolished;
23. Emphasizes that conditions of detention must respect the dignity andhuman rights of detainees, highlights the importance of reflecting on this in efforts
to promote respect for and protection of the rights of detainees, and notes in thisregard concerns about solitary confinement when it amounts to torture or othercruel, inhuman or degrading treatment or punishment;
24. Calls upon all States to take appropriate effective legislative,administrative, judicial and other measures to prevent and prohibit the production,
trade, export, import and use of equipment that have no practical use other than forthe purpose of torture or other cruel, inhuman or degrading treatment or
punishment;
25. Urges all States that have not yet done so to become parties to theConvention as a matter of priority, and calls upon States parties to give earlyconsideration to signing and ratifying the Optional Protocol to the Convention;
26. Urges all States parties to the Convention that have not yet done so tomake the declarations provided for in articles 21 and 22 concerning inter-State andindividual communications, to consider the possibility of withdrawing theirreservations to article 20 and to notify the Secretary-General of their acceptance of
the amendments to articles 17 and 18 with a view to enhancing the effectiveness of
the Committee as soon as possible;
27. Urges States parties to comply strictly with their obligations under theConvention, including, in view of the high number of reports not submitted in time,
their obligation to submit reports in accordance with article 19 of the Convention,and invites States parties to incorporate a gender perspective and information
concerning children and juveniles and persons with disabilities when submitting
reports to the Committee;
28. Welcomes the work of the Committee and its report submitted inaccordance with article 24 of the Convention, 9 recommends that the Committee
continue to include information on the follow-up by States to its recommendations,and supports the Committee in its intention to further improve the effectiveness of
its working methods;__________________
9 To be issued as Official Records of the General Assembly, Sixty-sixth Session, Supplement

No. 44 (A/66/44).

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29. Invites the Chairs of the Committee and of the Subcommittee to present
oral reports on the work of the committees and to engage in an interactive dialogue
with the General Assembly at its sixty-seventh session under the sub-item entitled“Implementation of human rights instruments”;
30. Calls upon the United Nations High Commissioner for Human Rights, inconformity with her mandate established by the General Assembly in its resolution
48/141 of 20 December 1993, to continue to provide, at the request of States,
advisory services for the prevention of torture and other cruel, inhuman ordegrading treatment or punishment, including for the preparation of national reports
to the Committee and for the establishment and operation of national preventive
mechanisms, as well as technical assistance for the development, production anddistribution of teaching material for this purpose;
31. Takes note with appreciation of the interim report of the Special
Rapporteur, 10 and encourages the Special Rapporteur to continue to include in his
recommendations proposals on the prevention and investigation of torture and othercruel, inhuman or degrading treatment or punishment, including its gender-based
manifestations;
32. Requests the Special Rapporteur to continue to consider including in his
report information on the follow-up by States to his recommendations, visits andcommunications, including progress made and problems encountered, and on otherofficial contacts;
33. Calls upon all States to cooperate with and assist the Special Rapporteurin the performance of his task, to supply all necessary information requested by theSpecial Rapporteur, to fully and expeditiously respond to and follow up on his
urgent appeals, to give serious consideration to responding favourably to requests by
the Special Rapporteur to visit their countries and to enter into a constructive
dialogue with the Special Rapporteur on requested visits to their countries as well aswith respect to the follow-up to his recommendations;34. Stresses the need for the continued regular exchange of views among theCommittee, the Subcommittee, the Special Rapporteur and other relevant United
Nations mechanisms and bodies, as well as for the pursuance of cooperation with
relevant United Nations programmes, notably the United Nations crime prevention
and criminal justice programme, with regional organizations and mechanisms, as
appropriate, and with civil society organizations, including non-governmentalorganizations, with a view to enhancing further their effectiveness and cooperation
on issues relating to the prevention and eradication of torture, inter alia, byimproving their coordination;
35. Recognizes the global need for international assistance to victims of
torture, stresses the importance of the work of the Board of Trustees of the United
Nations Voluntary Fund for Victims of Torture, appeals to all States andorganizations to contribute annually to the Fund, preferably with a substantial
increase in the level of contributions, and encourages contributions to the Special
Fund established by the Optional Protocol to help finance the implementation of therecommendations made by the Subcommittee as well as education programmes of
the national preventive mechanisms;__________________
10 See A/66/268.

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36. Requests the Secretary-General to continue to transmit to all States theappeals of the General Assembly for contributions to the Funds and to include theFunds on an annual basis among the programmes for which funds are pledged at theUnited Nations Pledging Conference for Development Activities;
37. Also requests the Secretary-General to submit to the Human Rights
Council and to the General Assembly at its sixty-seventh session a report on theoperations of the Funds;
38. Further requests the Secretary-General to ensure, within the overallbudgetary framework of the United Nations, the provision of adequate staff andfacilities for the bodies and mechanisms involved in preventing and combating
torture and assisting victims of torture or other cruel, inhuman or degrading
treatment or punishment, including, in particular, the Committee, the Subcommittee
and the Special Rapporteur, commensurate with the strong support expressed by
Member States for preventing and combating torture and assisting victims of torture,in order to enable them to discharge their mandates in a comprehensive, sustainedand effective manner and taking fully into account the specific nature of theirmandates;
39. Calls upon all States, the Office of the United Nations HighCommissioner for Human Rights and other United Nations bodies and agencies, aswell as relevant intergovernmental and civil society organizations, including
non-governmental organizations, to commemorate, on 26 June, the United Nations
International Day in Support of Victims of Torture;
40. Decides to consider at its sixty-seventh session the reports of theSecretary-General, including the report on the United Nations Voluntary Fund forVictims of Torture and the Special Fund established by the Optional Protocol, thereport of the Committee against Torture and the interim report of the Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment.

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Draft resolution IV
Convention on the Rights of Persons with Disabilities and the
Optional Protocol thereto
The General Assembly,
Recalling its previous relevant resolutions, the most recent of which was
resolution 64/154 of 18 December 2009, as well as relevant resolutions of the
Human Rights Council, the Commission for Social Development and theCommission on Human Rights,
Noting the request of the Committee on the Rights of Persons with Disabilities,
contained in annex XVI to its report, 1 that the General Assembly authorize an
extension of its meeting time,
Noting also that document and translation costs for the reports of States parties
constitute the largest part of the budget for the Committee,
Noting further that while the Convention on the Rights of Persons with
Disabilities 2 has enjoyed a very high level of ratification in a short time, theCommittee currently meets for only two sessions of one week per year, and noting
that, in particular cases, members of the Committee may require reasonableaccommodation, as defined in the Convention,
Welcomes the fact that, since the opening for signature of the Convention
1.
on the Rights of Persons with Disabilities2 and the Optional Protocol thereto 3 on
30 March 2007, one hundred and fifty-three States have signed and one hundred andsix States have ratified the Convention and ninety States have signed and sixty-fourStates have ratified the Optional Protocol, and that one regional integration
organization has ratified the Convention;
Calls upon those States that have not yet done so to consider signing and2.
ratifying the Convention and the Optional Protocol as a matter of priority;
3.
Welcomes the holding of the third and fourth sessions of the Conferenceof States Parties to the Convention and the work of the Committee on the Rights of
Persons with Disabilities;
Invites States parties to adhere to the page limit established by the4.
Committee for reports of States parties, and notes that this would reduce theoperating costs of the Committee;
Notes the ongoing process of reform aimed at strengthening the treaty
5.
body system, including the report of the Secretary-General on measures to improvefurther the effectiveness, harmonization and reform of the treaty body system, 4 andinvites the Committee, in the context of this strengthening process, to continue toenhance its working methods and efficiency, including by sharing good practices
with other treaty bodies;__________________
1 Official Records of the General Assembly, Sixty-sixth Session, Supplement No. 55 (A/66/55).
2 Resolution 61/106, annex I.
3 Ibid., annex II.
4 A/66/344.

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6.
Decides to authorize for the Committee an additional week of meetingtime per year to be used consecutive to an existing regular session, bearing in mind
the requirements of the Committee for reasonable accommodation, and without
prejudice to the ongoing process of reform aimed at strengthening the treaty bodysystem;Invites the Chair of the Committee on the Rights of Persons with
7.
Disabilities to present an oral report on the work of the Committee and engage in aninteractive dialogue with the General Assembly at its sixty-seventh and sixty-eighth
sessions, under the item entitled “Promotion and protection of human rights”, as away to enhance communication between the Assembly and the Committee;
Welcomes the report of the Secretary-General 5 and the activities
8.
undertaken in support of the Convention;
9.
Encourages the Inter-Agency Support Group on the Convention tocontinue its work to mainstream the Convention throughout the United Nations
system through its Joint Strategy and Action Plan approved in 2010, and calls upon
the Department of Economic and Social Affairs of the Secretariat and the Office of
the United Nations High Commissioner for Human Rights to continue strengthening
their cooperation in this regard;
10. Invites the Secretary-General to intensify efforts to assist States tobecome parties to the Convention and the Optional Protocol, including by providing
assistance with a view to achieving universal adherence;
11. Requests the Secretary-General to continue the progressive
implementation of standards and guidelines for the accessibility of facilities andservices of the United Nations system, taking into account relevant provisions of theConvention, in particular when undertaking renovations, including interim
arrangements;
12. Also requests the Secretary-General to take further actions to promote therights of persons with disabilities in the United Nations system in accordance with
the Convention, including the retention and recruitment of persons with disabilities;
13. Requests United Nations agencies and organizations, and invites
intergovernmental and non-governmental organizations, to continue to strengthen
efforts undertaken to disseminate accessible information on the Convention and the
Optional Protocol, including to children and young people to promote theirunderstanding, and to assist States parties in implementing their obligations underthose instruments;
14. Requests the Secretary-General to submit to the General Assembly at its
sixty-seventh session a report on the status of the Convention and the Optional
Protocol, and the implementation of the present resolution.

__________________
5 A/66/121.

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