For the exchange of views on the United Nations in the field of human rights, the following topics have been proposed for discussion at the formal session:

a. Atmosphere and main results of the 51st session of the United Nations General Assembly;

b. Specific national situations;

c. Follow-up to the World Conference on Human Rights (Vienna, 1993):

i evaluation of the action of the High Commissioner for Human Rights

ii implementation of the Declaration and the Programme of Action;

d) Co-operation between the Council of Europe and the United Nations in the field of human rights.

This memorandum sets out a number of comments on some of these topics:

1. As in previous years the exchange of views should in the first place be an opportunity to take stock of the General Assembly session in the human rights field, in particular on the basis of the work of the Third Committee. However, the aim will be not merely to present what did (or did not) happen but also to learn lessons for the future.

2. There was nothing particularly noteworthy about the debates of the Third Committee. The discussions became lively above all when certain national situations were examined. Draft resolutions or decisions were adopted concerning the following countries: Iraq; Iran; Afghanistan; Nigeria; Haiti; Kosovo; Sudan; Cuba; Rwanda; Myanmar; Bosnia-Herzegovina; Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro); Estonia and Latvia.

3. Special note should be taken of the discussions on the last two situations insofar as they concerned member States of the Council of Europe.

a) The Russian Federation had moved an amendment to a draft resolution presented by the United States (A/C.3/51/L.68), whereby the following paragraph would have been added to the preamble: "Confirming the territorial integrity of the Republic of Croatia, Bosnia and Herzegovina and the Federal Republic of Yugoslavia." The United States then proposed the following wording: "Reaffirming the territorial integrity of all States in the region within their internationally recognized borders." The Russian Federation presented the following new text: "Reaffirming the territorial integrity of the Republic of Croatia, Bosnia and Herzegovina, [the former Yugoslav Republic of Macedonia], and the Federal Republic of Yugoslavia within internationally recognized borders."

The Russian Federation's amendment was rejected by a vote of 90 against to 4 in favour (Azerbaijan, China, India and Russian Federation), with 43 abstentions.

The draft resolution, as amended by the United States, was adopted by a vote of 131 in favour to 1 against (Russian Federation), with 20 abstentions. The General Assembly adopted Resolution 51/116 by 136 votes to 1, with 28 abstentions.

b) The Committee was requested to adopt a draft decision entitled "Situation of human rights in Estonia and Latvia" (A/C.3/51/L.43), tabled by Estonia and Latvia. The draft decision was worded as follows:

"The General Assembly takes note of the information provided by the United Nations High Commissioner for Human Rights, on behalf of the Secretary-General, in relation to the situation of human rights in Estonia and Latvia, pursuant to General Assembly resolution 48/155 of 20 December 1993, and decides to conclude its consideration of this matter."

The Committee also had before it a draft resolution entitled "Situation of human rights in Estonia and Latvia" (A/C.3/51/L.44), tabled by the Russian Federation. This draft resolution provided in particular:

"The General Assembly,

...

Having considered the oral information provided by the Secretary-General pursuant to resolution 48/155,

1. Welcomes the efforts undertaken by the Organization for Security and Cooperation in Europe and the Council of the Baltic Sea States, in particular with regard to improving the situation of the so-called "non-citizens" in Estonia and Latvia, and encourages further efforts of the relevant regional organizations, as well as bilateral efforts of interested countries, in this direction;

2. Calls upon the Governments of Estonia and Latvia to take necessary legislative and administrative measures to resolve the remaining issues in accordance with the recommendations of international and regional bodies;

3. Requests the Secretary-General to monitor the efforts undertaken in this regard at regional, bilateral and other levels and to inform the Assembly at its fifty-third session on progress achieved in the situation of human rights in Estonia and Latvia."

After lengthy negotiations the Committee finally adopted the following draft decision, proposed orally by the Chairperson, without a vote:

"The General Assembly, having concluded the consideration of the question on the basis of the information provided by the High Commissioner for Human Rights, on behalf of the Secretary-General, pursuant to its resolution 48/155 [of 20 December 1993], 'Situation of human rights in Estonia and Latvia', welcomes and encourages the activities undertaken and being undertaken in this regard by relevant regional and international organizations, including the Organization for Security and Cooperation in Europe (OSCE), as well as the measures by the Governments of Estonia and Latvia in implementation of the recommendations of these organizations."

The Committee therefore decided not to take any position on drafts L.43 and L.44.

In this connection, reference can be made to the reply adopted by the Committee of Ministers of the Council of Europe on 17 October 1996 in response to Mr Van der Maelen's written question no. 368 on the rights of the Russian minority in Estonia.

4. Among the themes examined by the Third Committee, the following, which touch especially on matters of concern to the Council of Europe, should be noted (all the draft resolutions were adopted without a vote):

a) Racism and intolerance

- "Measures to combat contemporary forms of racism, racial discrimination, xenophobia and related intolerance" (draft resolution A/C.3/51/L.23/Rev. 1; resolution 51/79);

- "Third Decade to Combat Racism and Racial Discrimination" (draft resolution A/C.3/51/L.27/Rev.1; resolution 51/81);

- "Elimination of all forms of religious intolerance" (draft resolution A/C.3/51/L.47; resolution 51/93);

- "Follow-up to the United Nations Year for Tolerance [1995]" (draft resolution A/C.3/51/L.50; resolution 51/95);

b) Human rights education

- "Culture of peace" (draft resolution A/C.3/51/L.60; resolution 51/101);

- "United Nations Decade for Human Rights Education and public information activities in the field of human rights" (draft resolution A/C.3/51/L.70/Rev. 1; resolution 51/104);

c) Advancement of women

- "Violence against women migrant workers" (draft resolution A/C.3/51/L.17/Rev. 1; resolution 51/65);

- "Traffic in women and girls" (draft resolution A/C.3/51/L.18/Rev. 1; resolution 51/66);

- "Convention on the elimination of all forms of discrimination against women" (draft resolution A/C.3/51/L.21; resolution 51/68);

- "Follow-up to the Fourth World Conference on Women and full implementation of the Beijing Declaration and Platform for Action" (draft resolution A/C.3/51/L.29; resolution 51/69);

- "Rape and abuse of women in the areas of armed conflict in the former Yugoslavia" (draft resolution A/C.3/51/L.66; resolution 51/115);

d) Children's rights

- "Girl children" (draft resolution A/C.3/51/L.31; resolution 51/76);

- "The rights of the child" (draft resolution A/C.3/51/L.37; resolution 51/77);

e) Poverty

- "Human rights and extreme poverty" (draft resolution A/C.3/51/L.54; resolution 51/97);

f) Minorities

- "Effective promotion of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities" (draft resolution A/C.3/51/L.45; resolution 51/91).

 

5. In connection with its examination of the follow-up to the World Conference on Human Rights (Vienna, 1993), the Third Committee adopted draft resolution A/C.3/51/L.42 ("Report of the United Nations High Commissioner for Human Rights"; the report's reference number is A/51/36) and draft resolution A/C.3/51/L.67 ("Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action"). Two matters are particularly noteworthy:

a) The Committee decided to recommend that the General Assembly allow the working group responsible for considering the implementation of the recommendations in the Vienna Declaration and Programme of Action to continue its work in 1997. This in fact seems to be linked with strengthening the Office of the High Commissioner for Refugees and restructuring the Centre for Human Rights. Several countries apparently wish to await the results of these reforms before launching new activities.

b) In the field of human rights two major events for the international community will take place in 1998: commemoration of the fiftieth anniversary of the Universal Declaration of Human Rights and the five-year review of application of the Vienna Declaration and Programme of Action. The High Commissioner for Human Rights has been asked to coordinate the preparation of these two events. At Poland's instigation, the Third Committee adopted draft resolution A/C.3/51/L.35/Rev. 1, inviting the relevant United Nations member governments, bodies and institutions, NGOs and national institutions to take an active role in these preparations (General Assembly resolution 51/88).

Although regional institutions were not expressly mentioned, it would seem logical for the Council of Europe to envisage contributing to these events.

6. In general, the need for closer co-operation between the United Nations and the Council of Europe in the field of human rights was pointed out by a number of Council of Europe member States' representatives on the Third Committee in the course of discussions with the Secretariat. All the representatives welcomed the information on Council of Europe activities they received before each session. Many thought it was necessary to take things further and try to identify areas where increased co-operation between the two organisations might be envisaged.

* * *

7. The examination of these different points may be taken up by the experts during their informal meeting, which, however, should be devoted in particular to the preparation of the next session of the Commission on Human Rights (10 March-18 April 1997). For this meeting the Secretariat has suggested the following points:

a) Standard-setting activities (functioning of the treaty bodies; draft protocols to the Convention on the Rights of the Child, to the Convention against Torture and to the Covenant on Economic, Social and Cultural Rights; draft Declaration on the Rights and Responsibility of Individuals, Groups, etc.; draft Declaration on Indigenous Rights; the question of reservations);

b) Specific national situations;

c) The Commission on Human Rights' working methods;

d) Follow-up to the debate at the morning's meeting.