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Human rights questions 659

Chapter XXIII

Human rights questions

During 1978, the United Nations continued totake action against racism, racial discrimination,

apartheid and other forms of discrimination.

As a major feature of the Decade for Action to

Combat Racism and Racial Discrimination, the

World Conference to Combat Racism and Racial

Discrimination, at which 125 States were repre-

sented, was held at Geneva in August. The Con-

ference adopted a Declaration and a Programme

of Action which were endorsed by the General

Assembly.

Observances were held at United Nations

Headquarters, New York, on 21 March to mark

the International Day for the Elimination of Ra-

cial Discrimination and the beginning of Interna-

tional Anti-Apartheid Year. At the end of 1978,

the International Convention on the Elimination

of All Forms of Racial Discrimination had been

ratified or acceded to by 102 States and the Inter-

national Convention on the Suppression and

Punishment of the Crime of Apartheid by 49

States.

Information contained in the report of the Ad

Hoc Working Group of Experts on southern Af-

rica to the Commission on Human Rights formed

the basis of a resolution by which the Economic

and Social Council condemned infringements of

trade union rights in South Africa and Namibia.

The Council also endorsed a decision of the Com-

mission to hold a symposium in Lesotho during

July on the exploitation of blacks in South Africa

and Namibia. Later in the year, the General As-

sembly reaffirmed the right to freedom of associ-

ation and called for the release of those detained

on account of their trade union activities.

The question of the violation of human rights

in the territories occupied as a result of hostilities

in the Middle East in 1967 was again taken up by

the Commission on Human Rights and by the

General Assembly. The Special Committee to In-

vestigate Israeli Practices Affecting the Human

Rights of the Population of the Occupied Territo-

ries reported to the Assembly that Israel was ac-

celerating its policy of settlement and annexation

in the occupied territories.

The Ad Hoc Working Group to inquire into the

situation of human rights in Chile reported to the

General Assembly on its visit to Chile in July

1978, following agreement with the Chilean Gov-

ernment. The Assembly concluded that the situa-

tion of human rights in Chile had improved but

that violations of human rights, often of a serious

nature, continued to take place. It invited the

Commission to appoint a Special Rapporteur on

the situation of human rights in Chile, and estab-

lished a trust fund to aid victims of human rights

violations, both inside and outside the country.

The Human Rights Committee continued to

consider reports from States parties to the Inter-

national Covenant on Civil and Political Rights at

three sessions held during the year. A sessional

working group was established by the Economicand Social Council to consider reports from

States parties to the International Covenant on

Economic, Social and Cultural Rights.

The Commission on Human Rights continued

its over-all analysis of alternative ways and means

for improving the enjoyment of human rights.

The General Assembly endorsed the Com-

mission's progress report, on the subject and,by another action, asked the Commission in the

context of its over-all analysis to study existing

methods of co-ordinating United Nations human

rights programmes.

The Assembly also asked the Commission to

give high priority to drafting a convention on tor-

ture and other cruel, inhuman or degrading

treatment and, in connexion with the Interna-

tional Year of the Child in 1979, to draft a con-

vention on the rights of the child, to be ready for

adoption by the Assembly if possible in 1979.

The Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities com-

pleted two studies on the right to self-

determination, which it submitted to theAssembly through the Commission on Human

Rights. The Sub-Commission also completed and

recommended to the Commission a draft body of

principles for the protection of the human rights

of detained or imprisoned persons, a draft decla-

ration on the legal rights of non-citizens and a re-

port on the prevention and punishment of the

crime of genocide.The thirtieth anniversary of the Universal Dec-

laration of Human Rights, adopted on 10 Decem-

ber 1948, was celebrated at United Nations Head-

quarters and throughout the world; to mark the

occasion, the United Nations Human Rights Prize

was awarded to eight recipients. A special semi-

nar on national and local institutions for promot-

ing and protecting human rights was held at Ge-

neva in September.

Details of these and other actions are described

in the sections below.

660 Economic and social questions

Action against racism, racialdiscrimination, apartheid and racial intolerance

International action to combat racism and racial discrimination

Decade for Action to CombatRacism and Racial Discrimination

Implementation of the Programme for the DecadeOn 10 December 1973, the General Assembly

launched the Decade for Action to Combat Rac-

ism and Racial Discrimination in an effort to en-

sure the rapid eradication of all forms of racialdiscrimination. By the Programme for the Dec-

ade, adopted on 2 November 1973,1 the Assem-

bly requested the Economic and Social Council to

assume responsibility for co-ordinating and eval-

uating activities undertaken in connexion with

the Decade.

On 22 February 1978, at its thirty-fourth ses-

sion, the Commission on Human Rights noted

that its Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities had de-

cided to consider, as a major part of its own con-

tributions to the Decade, ways and means of

using national courts, administrative tribunals

and domestic forums, including legislative fo-

rums, to help implement United Nations resolu-

tions on racism, racial discrimination, apartheid,

decolonization, self-determination and related

matters.

Later in the year, at its August/September ses-

sion, the Sub-Commission endorsed generally the

contents of the Declaration and Programme of

Action adopted by the World Conference to

Combat Racism and Racial Discrimination held in

August (see subsection below); it recommended

that the Commission request the Economic and

Social Council to authorize the Chairman of the

Sub-Commission to appoint a working group to

meet for not more than three working days be-

fore the Sub-Commission's 1979 session in order

to plan the work programme to implement the

Programme of Action. It subsequently decided on

the composition of the five-member working

group.

When the Economic and Social Council consid-

ered the implementation of the Programme for

the Decade at its first regular session in 1978, it

had before it the annual report of the Secretary-

General on Decade activities, which summarized:

actions, suggestions and trends emerging from

the deliberations of United Nations organs and

bodies, including the Assembly's Committee on

the Elimination of Racial Discrimination, and spe-

cialized agencies concerned with the question of

racial discrimination and apartheid; information

concerning activities to eliminate racial discrimi-

nation undertaken under the programme of advi-

sory services in the field of human rights; and in-

formation submitted by non-governmental

organizations in consultative status with the

Council concerning activities undertaken or con-

templated during the Decade.The Council also had before it a report of the

Secretary-General analysing replies from the

Governments of Kenya, Mongolia, Morocco, the

Netherlands, Seychelles and Sweden to a ques-tionnaire requesting information on Decade activ-

ities.

On 4 May 1978, by resolution 1978/7, theCouncil recommended to the General Assembly

for adoption a draft resolution on the implemen-

tation of the Programme. Resolution 1978/7 was

adopted by 42 votes to 0, with 7 abstentions; the

sponsors were Algeria, Bangladesh, Egypt, Ethio-

pia, Ghana, India, Jamaica, Mauritania, Nigeria,

Somalia, the Sudan, Togo, Tunisia, Uganda, the

United Republic of Cameroon, the United Re-

public of Tanzania, the Upper Volta and Yugo-

slavia. (For text of resolution, see DOCUMENTARY

REFERENCES below.)

When the General Assembly considered the im-

plementation of the Programme for the Decade

at its 1978 regular session, among the documents

it had before it, in addition to the draft resolution

recommended by the Council, was a further re-

port of the Secretary-General containing an anal-

ysis of additional replies to the questionnaire onactivities relating to the Decade from the follow-

ing 22 Member States: Algeria, Belgium, the

Byelorussian SSR, Chile, Cyprus, Ecuador, Fiji,

Finland, the German Democratic Republic, Gua-

temala, Hungary, Italy, Kuwait, Mexico, Pakistan,

Sri Lanka, Tunisia, The Ukrainian SSR, the

United Arab Emirates, the United Kingdom, the

United Republic of Cameroon and Yugoslavia.

Additional information received from specialized

agencies and non-governmental organizations

was also included.

Discussion of the subject took place in the

Assembly's Third (Social, Humanitarian and Cul-

tural) Committee, which on 4 December ap-proved the Council's recommended text by con-

sensus. While the text was approved byconsensus, Australia, the Federal Republic of

Germany (speaking on behalf of the members of

1 See Y.U.N., 1973, p. 523, resolution 3057(XXVIII).


the European Economic Community (EEC)),

Greece, Japan, New Zealand and Portugal ex-

pressed reservations on the wording of the reso-lution, particularly with regard to the legal impli-

cations of a provision by which Governments

were called on to take legislative and other meas-ures in respect of their nationals and bodies cor-porate under their jurisdiction owning and oper-

ating enterprises in southern Africa, in order to

put an end to such enterprises. The Federal Re-

public of Germany had also noted in the Council

that Council members belonging to European

Communities did not share the conviction ex-

pressed in a preambular paragraph that the with-drawal of foreign investments and the termina-

tion of transnational corporation activities in

southern Africa would contribute significantly to

the Programme's goals.

Because the text recalled an Assembly resolu-

tion of 7 November 19772 on the Decade, on

which Israel had declined to vote, Israel said that

it was unable to join in the consensus on this reso-

lution. The United States said that nothing had

occurred to give it reason for changing its policy

of non-participation in the Programme for the

Decade.

On 16 December 1978, on the recommenda-tion of the Third Committee, the Assembly

adopted resolution 33/98, by which it again con-

demned the policies of apartheid, racism and ra-

cial discrimination prevailing in southern Africa

and elsewhere, including the denial of the right

to self-determination. Reaffirming its strong sup-

port for oppressed peoples struggling to liberate

themselves from racism, racial discrimination,

apartheid, colonialism and alien domination, the

Assembly called upon all Governments which had

not done so to take legislative, administrative or

other measures in respect of their nationals and

the bodies corporate under their jurisdiction thatowned and operated enterprises in southern Af-

rica, in order to put an end to such enterprises.

The Assembly urged United Nations organs

and intergovernmental and non-governmental

organizations to strengthen and enlarge the scope

of their activities in support of the objectives of

the Programme for the Decade, in particular by

intensifying their educational and information

campaigns and by increasing their material and

moral support to national liberation movements

and victims of racism, racial discrimination andapartheid. It requested the Secretary-General to

continue to give the utmost publicity to the Pro-

gramme and urged all Governments and private

organizations to make available adequate re-

sources to enable the Secretary-General to under-take the activities entrusted to him under the Pro-

gramme and in support of the activities envisagedduring the Decade.

The Assembly adopted resolution 33/98 by a

recorded vote of 124 to 0, with 12 abstentions.

(For voting details and text of resolution, see DOC-UMENTARY REFERENCES below.)

Also on 16 December, by resolutions 33/99 and33/100, the Assembly, as part of follow-up action

to the August 1978 World Conference to CombatRacism and Racial Discrimination, requested the

Economic and Social Council to evaluate its pro-

gramme of activities connected with the Decade,

taking account of Conference decisions, andurged United Nations organs and the specialized

agencies to strengthen and enlarge the scope of

their activities relating to the Decade. It recom-

mended that States and organizations co-operate

in efforts at all levels to combat racism, racial dis-

crimination and apartheid in accordance with the

Programme for the Decade and the report on the

Conference, and appealed to States to continuesubmitting reports on their activities for the Dec-

ade. The Secretary-General was asked to direct

the Department of Public Information to con-

tinue publicity towards mobilizing support for the

Decade's goals, and to report to the Council, for

appropriate action, on possible annual activities

to be taken and on ways to draw up the Council's

and Assembly's agendas to permit detailed con-sideration of various aspects of the Programme.

(For summary and full texts of resolutions 33/99

and 33/100, see following subsection on DECISIONS

ON THE CONFERENCE and DOCUMENTARY REFER-

ENCES below.)

World Conference to CombatRacism and Racial Discrimination

PREPARATIONS FOR THE CONFERENCE

In accordance with the provisions of the Pro-

gramme for the Decade for Action to CombatRacism and Racial Discrimination,

3 and on the

recommendation of the Economic and Social

Council,4 the General Assembly decided on 16

December 1977 to convene the World Confer-

ence to Combat Racism and Racial Discrimination

in August 1978.5

The Economic and Social Council, in adopting

its basic work programme for 1978 at its January

organizational session, requested the Secretary-

General to report to the Council's first regular1978 session on the state of preparations for the

Conference. This action was part of decision1978/1, adopted, without objection, on 13 Janu-

ary on a proposal by the Council President in the

light of consultations with Council members.

2 See Y.U.N., 1977, p. 680, resolution 32/10.3 See footnote 1.4 See Y.U.N., 1977, p. 681, resolution 2057(LXII) of 12 May 1977.

5 Ibid., p. 683, resolution 32/129.


At its February/March 1978 session, the Com-

mission on Human Rights designated the Ad Hoc

Working Group of Experts on southern Africa to

represent it at the Conference. In addition to sug-

gesting measures for Conference consideration to

strengthen action against racism, the Commission

appealed to the Conference, in particular, to rec-

ommend the establishment at the national and lo-

cal levels of recourse procedures to be invoked

against acts of racial discrimination against an in-

dividual, and requested the Secretary-General to

invite Governments to include in their reports on

the Programme for the Decade details of such

procedures in force within their territory.

At its March/April 1978 session, the Committee

on the Elimination of Racial Discrimination desig-

nated its Chairman and Rapporteur as Commit-

tee representatives at the Conference. It also ap-

proved the draft of a study for submission to the

Conference on the work of the Committee.

As the Economic and Social Council had re-

quested in January, the Secretary-General re-

ported to it during its first regular 1978 session

on Conference preparations. He noted that he

had appointed C. V. Narasimhan (India) as Sec-

retary-General of the Conference, that the invita-

tions had been issued and that work continued on

the documentation for the Conference.

On 2 May, by resolution 1978/3, the Council

endorsed the appointment, and urged all Mem-

ber States and United Nations bodies as well as

other international organizations to co-operate

with the Conference Secretary-General. It reiter-

ated the importance of publicity for the Confer-

ence, urged submission of national reports and

other documents, commended the Committee on

the Elimination of Racial Discrimination for its

study and asked the Secretary-General to trans-

mit to the Conference the suggestions of the

Commission on Human Rights. It decided to re-

view the outcome of the Conference at its first

regular session of 1979.

Resolution 1978/3 was adopted, without vote,

on a proposal by Algeria, Bangladesh, Egypt,

Ethiopia, Ghana, India, Mauritania, Nigeria, the

Philippines, Somalia, the Sudan, Togo, Tunisia,

Uganda, the United Republic of Cameroon, the

United Republic of Tanzania, the Upper Volta

and Yugoslavia. (For text of resolution, see DOCU-

MENTARY REFERENCES below.)

Israel reiterated that, inasmuch as in its view

the Conference would be contaminated by extra-

neous issues, such as the 1975 resolution equating

zionism with racism,6 it would be unable to partic-

ipate in the Conference. The United States, in ac-

cordance with its policy of non-participation in

the Programme for the Decade, said that it also

would not take part.

WORK OF THE CONFERENCE

The World Conference to Combat Racism and

Racial Discrimination was held at Geneva from 14

to 25 August 1978. At the Conference, the fol-lowing 125 States were represented: Afghanistan,

Albania, Algeria, Angola, Argentina, Australia,

Austria, Bahrain, Bangladesh, Belgium, Bhutan,

Bolivia, Brazil, Bulgaria, Burma, Burundi, the

Byelorussian SSR, Canada, the Central AfricanEmpire, Chad, Chile, China, Colombia, Costa

Rica, Cuba, Cyprus, Czechoslovakia, the Demo-

cratic People's Republic of Korea, Democratic

Yemen, Denmark, the Dominican Republic, Ec-

uador, Egypt, El Salvador, Ethiopia, Fiji, Finland,

France, Gabon, the German Democratic Repub-

lic, the Federal Republic of Germany, Ghana,

Greece, Guatemala, Guinea, Guyana, Haiti, the

Holy See, Honduras, Hungary, Iceland, India,

Indonesia, Iran, Iraq, Ireland, Italy, the Ivory

Coast, Jamaica, Japan, Jordan, Kenya, Kuwait,

Lebanon, Lesotho, Liberia, the Libyan Arab Ja-

mahiriya, Luxembourg, Madagascar, Malawi, Ma-

laysia, Malta, Mauritania, Mexico, Mongolia, Mo-

rocco, the Netherlands, New Zealand, Nicaragua,

the Niger, Nigeria, Norway, Oman, Pakistan,

Panama, Peru, the Philippines, Poland, Portugal,

Qatar, the Republic of Korea, Romania, Rwanda,

San Marino, Sao Tome and Principe, Saudi Ara-

bia, Senegal, Sierra Leone, Somalia, Spain, Sri

Lanka, the Sudan, Swaziland, Sweden, Switzer-

land, the Syrian Arab Republic, Thailand, Trini-

dad and Tobago, Tunisia, Turkey, Uganda, the

Ukrainian SSR, the USSR, the United Arab Emir-

ates, the United Kingdom, the United Republicof Cameroon, the United Republic of Tanzania,

the Upper Volta, Uruguay, Venezuela, Viet Nam,

Yemen, Yugoslavia, Zaire and Zambia.

The United Nations Council for Namibia was a

participant. United Nations bodies represented as

observers were: the Commission on Human

Rights, the Commission for Social Development,

the Commission on the Status of Women [by deci-

sion 1978/31 adopted without vote on 5 May

1978, the Economic and Social Council had desig-

nated Sonja Fredgardh to represent the Commis-

sion—for decision, refer to INDEX OF RESOLUTIONS

AND DECISIONS], the Committee on the Elimina-

tion of Racial Discrimination, the Committee on

the Exercise of the Inalienable Rights of the Pal-

estinian People, the Human Rights Committee,

the International Law Commission, the Special

Committee against Apartheid, the Special Commit-

tee on the Situation with regard to the Implemen-

tation of the Declaration on the Granting of Inde-

pendence to Colonial Countries and Peoples, the

Sub-Commission on Prevention of Discrimination

6 See Y.U.N., 1975, p. 599, resolution 3379(XXX) of 10 November 1975.


and Protection of Minorities, the United Nations

Development Programme, the Office of the

United Nations High Commissioner for Refu-

gees, the United Nations Institute for Training

and Research (UNITAR) and the United Nations

Research Institute for Social Development.

The International Labour Organisation (ILO),

the Food and Agriculture Organization of the

United Nations, the United Nations Educational,

Scientific and Cultural Organization (UNESCO),

the World Health Organization, the UniversalPostal Union, the World Meteorological Organiza-

tion, and the World Intellectual Property Organi-

zation were represented by observers, as was the

International Atomic Energy Agency.

Other intergovernmental organizations repre-sented by observers were the Council of Europe,

EEC, the League of Arab States, the Organization

of African Unity (OAU), the Organization of

American States, and the Organization of the

Islamic Conference. A number of non-

governmental organizations in consultative status

with the Economic and Social Council were also

represented by observers.

The Conference elected Mooki V. Molapo (Le-

sotho) as President; 10 Vice-Presidents, who were

the representatives of Canada, Cuba, Egypt,

Ghana, Hungary, Italy, Peru, Sri Lanka, the Syr-

ian Arab Republic and the USSR; a Chairman for

each of the two main committees; and a Chair-

man (Abu Sayeed Chowdhury (Bangladesh)) and

eight members of the Credentials Committee. R.

Valdez (Ecuador) was elected as Rapporteur-General of the Conference.

The main committees each elected three Vice-

Chairmen and a Rapporteur. The First Commit-

tee, chaired by P. Voutov (Bulgaria), was to re-

view progress achieved, identify obstacles

encountered and evaluate methods employed in

combating racism, racial discrimination and apart-

heid. The Second Committee, chaired by E. Saliba

(Malta), was to formulate measures to secure thefull eradication of racism, racial discrimination

and apartheid.

The General Committee was made up of the

President, the Vice-Presidents, the Rapporteur-

General and the three committee Chairmen.

The Conference adopted the rules of proce-

dure and the agenda approved by the Economic

and Social Council,7 and endorsed by the General

Assembly on 16 December 1977.8

Opening the Conference, the Secretary-

General of the United Nations expressed the

hope that the Conference would mark a decisive

turning point in the international struggle against

all forms of racial prejudice, inequality and injus-

tice. In southern Africa, he said, discrimination

had taken the form of institutionalized racism,

enforced by the State through its laws. Discrimi-

nation posed a challenge even in societies which

officially discouraged or outlawed such practices.

Noting that the Conference was taking place at

the mid-point both of the Decade for Action to

Combat Racism and Racial Discrimination and of

International Anti-Apartheid Year, the Secretary-

General said that it was his belief that the Confer-

ence would be able to generate new initiatives tomake the elimination of racial discrimination irre-

versible.

The Conference held 15 plenary meetings. On

16 August, it requested the First Committee to

prepare a draft declaration and the Second Com-

mittee to draw up a draft programme of action.

Each Committee established an open-ended

working group to prepare those documents, each

with a 10-member nucleus: Canada, Egypt, the

German Democratic Republic, Ghana, Honduras,

Mexico, Sri Lanka, the Syrian Arab Republic, theUSSR and the United Kingdom as the First

Committee's working group; the Byelorussian

SSR, Colombia, Cuba, the Federal Republic ofGermany, India, Iraq, Lesotho, Nigeria, Turkey

and Yugoslavia as the Second Committee's.

At the final meeting of the First Committee on

25 August, the representative of the Federal Re-

public of Germany, on behalf of the nine mem-

bers of EEC—Belgium, Denmark, France, the

Federal Republic of Germany, Ireland, Italy,

Luxembourg, the Netherlands and the United

Kingdom—and of the representatives of Austra-

lia, Canada and New Zealand, stated that their

delegations could not associate themselves with

the results nor any longer participate in the pro-

ceedings of the Conference (see p. 666).

On the same date, the Conference adopted the

Declaration and the Programme of Action as a

single document by 88 votes to 4, with 2 absten-

tions. It also, having heard a statement by Zam-

bia, adopted without vote a resolution—

sponsored by Algeria, Cuba, Sri Lanka and the

Sudan—by which it condemned the apartheid

régime of South Africa for an act of aggression

against Zambia on 23 August, which had resulted

in loss of lives and destruction of property. It

called on the Security Council to take effective

measures to end such aggression, expressed soli-

darity with Zambia, and called on States to sup-

port Zambia and other front-line and bordering

States in their struggle for realization of the ob-

jectives of the United Nations in southern Africa.

By a further resolution adopted without vote,

the Conference approved the report of the Cre-

dentials Committee. It also adopted a decision re-

7 See footnote 4.8 See footnote 5.


questing the President to submit the report of the

Conference to the General Assembly's Third

Committee.

A summary of the Declaration and the Pro-

gramme of Action follows.

Declaration. By the preamble to the Declaration, the

Conference among other things expressed its deter-

mination to promote the implementation of the Uni-

versal Declaration of Human Rights, the Interna-

tional Covenants on Human Rights, and international

conventions against apartheid, genocide and discrimi-

nation in employment and education. It also en-

dorsed the Programme of Action against Apartheid

adopted by the General Assembly on 9 November

1976,9 the 1976 International Seminar on the Eradi-

cation of Apartheid and in Support of the Struggle for

Liberation in South Africa,10 held at Havana, Cuba,

the 1977 Lagos Declaration for Action against Apart-

heid11 and the 1977 Maputo Declaration in Support of

the Peoples of Zimbabwe and Namibia and the Pro-

gramme of Action for the Liberation of Zimbabwe

and Namibia.12

By the operative part of the Declaration, the Con-

ference declared that any doctrine of racial superior-

ity was scientifically false, morally condemnable and

socially unjust, and that apartheid was a crime against

humanity and a threat to peace and security in the

world. Human rights violations, denial of the right to

self-determination, foreign occupation, alien domina-

tion, economic and political oppression, social injus-

tice and cultural contempt were root causes of dis-

crimination and tension. It called for further isolation

of racist régimes by the strict application of United

Nations sanctions, and, in particular, declared it an

obligation of Governments to ensure that transna-

tional corporations ceased to assist the racist régimes

of South Africa and Southern Rhodesia (Zimbabwe)

or to exploit the peoples and natural resources of

southern Africa. All those who profited by racist ex-

ploitation in South Africa, it declared, or who assisted

the apartheid régime were accomplices in the perpetu-

ation of a crime against humanity. Support for op-

pressed peoples and their national liberation move-

ments, front-line countries and other victims of racial

discrimination should be a commitment of all Govern-

ments and regional and international organizations.

The Conference, by the Declaration, supported ef-

forts to use education and information to combat rac-

ism and prejudice. Expressing the view that the exer-

cise of competing rights such as freedom of

association or expression could not be used to justify

the propagation of racist ideas, the Conference de-

clared that Governments had a duty to give legislative

priority to prohibiting racial discrimination and pro-

scribing the dissemination, including through mass

media, of racist ideas.

The Conference declared bantustans to be a diabol-

ical manoeuvre designed to dispossess the African

people of their land and to consolidate white settler

domination. Military and nuclear co-operation with

South Africa was a threat to international peace and

security. The so-called internal settlement in South-

ern Rhodesia was a blatant attempt to split the na-

tional liberation movement, foment civil war and per-

petuate racist minority rule.

The Conference condemned the existing and in-

creasing relations between the zionist State of Israel

and the racist régime of South Africa. It viewed this

co-operation, in defiance of United Nations resolu-

tions, as a hostile act against the oppressed people of

South Africa. It also noted with concern the insidious

propaganda by Israel and its supporters against the

United Nations organs and States which had advo-

cated firm action against apartheid.

The Conference recalled with regret the cruel trag-

edy which had befallen the Palestinian people 30

years before, preventing their right to self-

determination and resulting in the dispersal of hun-

dreds of thousands of them, the establishment of set-

tlers from abroad in their homeland and the practice

of racial discrimination inimical to their human

rights. It deplored Israel's refusal to comply with

United Nations resolutions and called for the cessa-

tion of racial discrimination in the occupied Arab ter-

ritories. It expressed the hope that the Palestinian

people could soon exercise their inalienable right to

self-determination and proclaimed its solidarity with

them in their struggle.

The Conference recognized that national, ethnic

and other minorities could play a significant role in

the promotion of international co-operation and af-

firmed the need for national protection of their

rights, drawing attention in particular to the rights of

indigenous peoples, women, children, immigrants

and migrant workers. In promoting and guaranteeing

their rights, there should be strict respect for the sov-

ereignty, territorial integrity and political indepen-

dence of the countries where they lived and of non-

interference in their internal affairs.

The Conference asked the Security Council to take

urgent action to implement this Declaration and the

Programme of Action adopted by the Conference,

and it called on States, international, governmental

and non-governmental organizations, local and pri-

vate institutions, religious bodies and trade unions to

ensure the realization of the goals and objectives of

the Decade for Action to Combat Racism and Racial

Discrimination.

Programme of Action. By the Programme of Action,

the Conference proposed legal and administrative

measures to be taken at the national, international

and regional levels to achieve its aims, as well as meas-

ures in support of victims of racism, racial discrimina-

tion and apartheid.

Measures at the national level. At the national level,

the Conference among other things called on Govern-

ments to take legislative, judicial, administrative and

other action to prohibit any manifestation of racism

and racial discrimination, including: wider and

stricter legislation to implement all United

Nations-sponsored instruments; elimination of all

discriminatory laws; creation of recourse procedures

9See Y.U.N., 1976, p. 140, resolution 31/6J and annex.10Ibid., p. 121.11 See Y.U.N., 1977, p. 148.12Ibid., p. 830.


for individuals; encouragement of the use by domes-

tic courts and institutions of United Nations instru-

ments; adoption of legislation to declare the dissemi-

nation of ideas of racial superiority or hatred a

punishable offence and to prohibit organizations, in-cluding private ones, from doing so; adoption of legal

and other measures against the dissemination of such

ideas through published material or by mass media;wide distribution of United Nations decisions on such

policies and practices; necessary measures to prohibit

racial discrimination in sports and to disallow any

sports contacts with the racist régimes of southern Af-rica; prohibition of racial discrimination in laws, ad-

ministrative and other measures regulating immigra-

tion; and campaigns to mobilize public opinion

against the evils of racist policies and practices.

The Conference also called for ratification of or ac-

cession to the international instruments concerning

human rights adopted under the aegis of the United

Nations and specialized agencies, compliance with

their reporting requirements, and consideration of

the possibility of recognizing the competence of the

Committee on the Elimination of Racial Discrimina-

tion to receive communications from individuals orgroups claiming to be victims of racial discrimination.

It expressed appreciation of that Committee's work,

took note of its decisions; and invited the General As-

sembly to continue to support the Committee andconsider ways to implement its decisions and recom-

mendations.

The Conference urged Governments to design

school curricula exposing the myths and fallacies of

racism and also to disseminate educational materialagainst racism through other institutions. It urged all

States to prevent the recruitment, training and other

activities of, and to punish, mercenaries for assistance

to the racist régimes in southern Africa, to refrain

from relations, including collaboration by corpora-

tions, with bantustan authorities and those régimes,

and to take measures to end all policies and practices

of apartheid, racial segregation and systematic discrim-ination.

The Conference urged all States to abolish discrimi-

nation on grounds of ethnic or national origin and to

adopt measures to promote the human rights of mi-

norities, and recommended that the Commission onHuman Rights continue preparing an international

instrument for the protection of those rights. It alsourged States to recognize specific rights of indigenous

peoples, and recommended that funds be made avail-

able for investments in their economic life and that

they be allowed to develop cultural and social links

with their kith and kin everywhere.

It declared that States should eliminate all dis-

criminatory practices against migrant workers, recom-

mending, among other things: ensuring the opportu-nity for them to assemble, granting them the vote in

local elections, recognizing the right of family re-union, and solving problems of housing, education,

health, equality of treatment concerning social secu-

rity, public understanding, and preservation of their

cultural identity. It asked ILO to follow closely the im-

plementation of international instruments protecting

their rights. Regarding immigrants, the Conference

called for equality of treatment in respect of educa-

tion, employment, the acquisition of property, health

and housing and the right to travel, and assurance of

the right to assemble, to family reunion and to social

security, pensions and similar rights. It urged States

to consider the possibility of international conventions

on the rights of both migrant workers and immi-

grants.

Measures at the international level. At the international

level, the Conference requested the Security Council

to consider urgently the imposition of comprehensiveand mandatory sanctions under Chapter VII of the

Charter of the United Nations13

against the apartheid

régime of South Africa and the racist régimes of

southern Africa. It called for a series of measures

concerning relations with South Africa: cessation of

nuclear collaboration; prohibition of technological or

manufacturing assistance for arms and military sup-

plies; prohibition of loans and investments; and an

embargo on petroleum products and other strategic

commodities.

The Conference urged the termination of all eco-nomic collaboration with the racist régimes of south-

ern Africa, measures to prevent the supply of funds,

loans, foreign exchange, trade, credits and all finan-cial support to the economies of those régimes from

private banks, Governments, and international agen-

cies.Calling for assistance to the front-line States, the

Conference urged the United Nations system to con-

sider establishing, among other things: training insti-tutes for South Africa and Zimbabwe similar to the

Institute for Namibia; a 24-hour radio programme di-

rected to southern Africa to assist national liberationmovements; asylum guarantees and transit facilities toconscientious objectors and to opposers of apartheid

from the armed forces of the racist régimes; and cam-

paigns for the release of those regimes' political pris-

oners. It declared that captured freedom fighters

should be entitled to prisoner-of-war status.

Existing United Nations studies on discrimination

should be updated periodically and new studies initi-

ated, according to the Conference, which recom-

mended studies on: the link between the struggle for

elimination of racism and the struggle for decoloniza-

tion and self-determination; the link between racialdiscrimination and inequalities in education, nutri-

tion, health, housing and cultural development; the

problems of migrant workers, including recourse pro-cedures available to them; ways and means for the ap-

plication of international instruments covering dis-

crimination; factors contributing to infant mortality

and retarding the proper development of black chil-

dren and youths; and the situation of women and

children living under racist régimes in southern Af-

rica and in occupied Arab and other territories.

The Conference urged positive steps towards the

establishment of a new international economic order.

It recommended that UNITAR organize a colloquium

on the prohibition of apartheid, racism and racial

discrimination and the achievement of self-determination in international law. United Nations

organs should be urged to undertake projects towards

preserving the cultural heritage of blacks, ensure

13 For text of Chapter VII of the Charter, see APPENDIX II.


their contacts with other cultures and stimulate their

creativity.

The Conference recommended that UNESCO in-

crease its assistance to Member States in order to en-

sure the access of ethnic minorities to education and

information, to develop intercultural education and

to organize multimedia campaigns to combat racism.

Measures at the regional level. At the regional level,

the Conference recommended that the General As-

sembly invite the Secretary-General to organize semi-

nars on recourse procedures for victims of racism or

racial discrimination and to study the feasibility of re-

gional programmes of action to combat racism. It also

recommended holding sessions of the Committee on

the Elimination of Racial Discrimination in different

regions, at the invitation of States.

Support to victims of racism, racial discrimination and

apartheid. The Conference called on all Govern-

ments, specialized agencies and intergovernmental

and non-governmental organizations to increase as-

sistance to victims of racial discrimination, colonialism,

occupation and foreign domination—in particular

those opposed to apartheid, refugees from southern

Africa and national liberation movements recognized

by OAU—by, among other things: providing support

to eradication programmes; redressing social im-

balances between the sexes; granting scholarships to

young people in the territories where racial discrimi-

nation, colonialism and foreign domination prevailed;

halting activities of multinational corporations in such

territories; denying all military, economic, political,

diplomatic or other help to the racist régimes; ensur-

ing that United Nations decisions were implemented;

and contr ibut ing to the Trust Fund for Publicity

against Apartheid and other funds for assistance to the

oppressed peoples of southern Africa. It recom-

mended that the General Assembly study the possibil-

ity of establishing an international voluntary fund to

help the peoples and national liberation movements

recognized by OAU in their struggle.

Role of the Economic and Social Council. The Confer-

ence recommended that the Economic and Social

Council set up a working group of experts to evaluate

the activities of the Decade for Action to Combat Rac-

ism and Racial Discrimination. It also recommended

that the Council confer consultative status on the

World Conference on Indigenous Peoples.

Further review of progress. The Conference recom-

mended to the General Assembly that a fur ther

World Conference be held at the end of the Decade

to review and evaluate the work undertaken and to

chart new measures.

Reservations on the Declaration focused on two

provisions which, in the view of some partici-

pants, introduced elements extraneous to the

purposes of the Decade and work of the Confer-

ence. In consequence of the adoption of these

provisions in the First Committee, the members

of EEC, Australia, Canada and New Zealand with-

drew from the Conference. The first provision

contained a condemnation of the existing and in-

creasing relations between the zionist State of Is-

rael and the racist régime of South Africa, and

the second referred to the expulsion of Palestin-

ians from their homeland, the practice of racial

discrimination against them, and their right to

self-determination. Extraneous elements, Austria

said, had also prevented its joining a hoped-for

consensus.

Argentina, Bolivia, Colombia, Costa Rica, the

Dominican Republic, Ecuador, Greece, Hon-

duras, Mexico, Peru, Portugal and Uruguay ex-

pressed reservations on the first of these provi-

sions or on terms used therein, several of them

on the ground that the wording could imply a

connexion between zionism and racism. Argen-

tina considered it inadmissible that there was sole

responsibility with regard to campaigns against

United Nations organs and decisions regarding

apartheid; Honduras observed that such accusa-

tions had not been proved by the Conference. Ec-

uador and Greece were among those which did

not agree with the wording or other elements of

the second provision.

At the request of the Syrian Arab Republic,

separate roll-call votes were taken in plenary ses-

sion on these two provisions: the first was

adopted by 69 votes to 5, with 23 abstentions; the

second by 84 votes to 5, with 8 abstentions.

Among reservations on references to apartheid

as a crime against humani ty , EEC members,

Greece, Portugal and Sweden could not accept

such wording; most of those States were also of

the view that the wording of the provision allud-

ing to a threat to international peace and security,

with reference to Chapter VII of the United Na-

tions Charter, was inappropriate in the circum-

stances.

Regarding the preamble to the Declaration,

reservations by Argentina, Burma, Colombia,

Greece, Japan, Norway, Oman, Peru, Sweden,

Switzerland and EEC members centred on interna-

tional instruments towards which States main-tained previously expressed reservations or to

which they were not party. Argentina, Chile,

Malta, Mexico, Portugal and Uruguay made res-

ervations concerning the International Conven-

tion on the Suppression and Punishment of the

Crime of Apartheid;14

Brazil, Burma, Chad, Costa

Rica, Honduras, Iran, Japan, Oman, Portugal

and Uruguay, among others, could not endorse

the conclusions of and/or had not participated in

the 1976 Havana Seminar on apartheid.

A number of reservations on the provisions of

the Programme of Action concerned references

to matters on which Governments stated that they

were either unable or unwilling to exercise com-

pulsion, for example, education, speech, dissemi-

nation of information, movement and trade.

14 See Y.U.N., 1973, p. 103, resolution 3068(XXVIII) of 30 November

1973, annexing text of Convention.


The EEC member countries, for instance,

through their spokesman, the Federal Republic

of Germany, in addition to expressing reserva-

tions on a number of words, phrases, references

and provisions in the Declaration and the Pro-

gramme of Action, noted that their legal and con-

stitutional systems imposed limits on the possibili-

ties open to them. Expressing a general

reservation, they could not participate in a con-

sensus concerning the whole draft text becauseparts of it were adopted by consensus and others

by vote.Individual EEC members, such as Belgium,

France, Italy, the Netherlands and the United

Kingdom, also made a number of reservations to

specific provisions.

Sweden, on behalf of the five Nordic countries,noted that those States, owing to their constitu-

tional systems, were not in a position to imposethe implementation of all the measures recom-mended in the Programme.

Some of the national legislative and other

measures to prohibit manifestation of discrimina-

tion would give rise to legal difficulties under

Finland's and Japan's constitutions, their spokes-

men said. Finland also could not associate itself

fully with various specific actions under the head-

ing of support to victims of racism, racial discrim-

ination and apartheid.

At the request of Sweden, a separate vote was

taken in plenary session on the paragraph by

which increased assistance to the oppressed peo-

ples of southern Africa and their liberation move-

ments was called for, as well as further measures

to end economic collaboration with racist

régimes—a provision on which Canada, Finland,

Portugal and Switzerland, among others, ex-

pressed reservations. The paragraph was adopted

by 70 votes to 5, with 7 abstentions. Japan ex-

pressed its understanding that the proscription

against collaboration in the economic field with

South Africa did not include normal trade.

Turkey could not accept the paragraph by

which the Assembly was invited to consider ways

to implement the decisions and recommendations

of the Committee on the Elimination of RacialDiscrimination; Turkey considered it a purposely

selective approach to United Nations resolutions

and an action of political exploitation.

DECISIONS ON THE CONFERENCE

On 15 November 1978, by decision 1978/87,the Economic and Social Council, on an oral pro-

posal by its President, took note, without objec-

tion, of a report which the Secretary-General had

submitted in October on the World Conference

to Combat Racism and Racial Discrimination.

(For decision, see DOCUMENTARY REFERENCES be-

low.)

On 16 December, the General Assembly

adopted a three-part resolution on the World

Conference. By the first section of resolution 337

99, the Assembly took note of the Secretary-

General's report and, among other things, noted

that the Conference, by adopting the Declaration

and the Programme of Action, had focused theattention of the international community on the

problems of racism, racial discrimination, decolo-

nization, foreign domination and apartheid—

stressing the importance of continuous action to

eradicate such evils—and had provided the inter-

national community with an opportunity to re-

view and evaluate the activities undertaken dur-

ing the first half of the Decade.

The Assembly approved the Declaration and

the Programme of Action, reaffirmed the specialresponsibility of the United Nations and the in-

ternational community for the victims of racial

discrimination and for peoples subjected to colo-

nial or alien domination, and requested the Sec-

retary-General to circulate his report on the Con-

ference to States, specialized agencies, andregional intergovernmental and non-govern-

mental organizations. It requested the Economic

and Social Council to carry out an evaluation of

the activities undertaken in connexion with the

Decade, taking into account the decisions of the

Conference.

By the second section of the resolution, the As-sembly recommended that all States and intergov-

ernmental and non-governmental organizations

co-operate in efforts at all levels to combat racism,racial discrimination and apartheid, in accordance

with the Programme for the Decade and in light

of the Secretary-General's report on the Confer-ence. It reiterated its appeal to them for politicaland material assistance to the oppressed peoples

of southern Africa and the liberation movements

recognized by OAU, and called on them to work

for the speedy release of all political prisoners im-

prisoned by the racist régimes for their fight

against apartheid, racism and racial discrimination

and for the right of their people to self-

determination and independence.

The Assembly appealed to all States to deny all

military, economic, political, diplomatic or other

assistance to those régimes, and to ensure the

fullest implementation of United Nations resolu-

tions relevant to the complete eradication of rac-

ism, racial discrimination and apartheid in south-

ern Africa.

By the third section of the resolution, the As-

sembly commended steps taken by United Na-tions bodies to implement the Programme for the

Decade and, among other things: requested the

Secretary-General to direct the Department of

Public Information to continue to make every ef-

fort to mobilize public support for the goals and


objectives of the Decade; requested UNESCO to

continue its efforts in education and information;

and requested the Secretary-General to convene

in 1979 a regional seminar on recourse proce-

dures available to victims of racial discrimination

and a round-table of university professors and di-

rectors of race relations institutions on the teach-

ing of problems of racial discrimination, and to

initiate a study on activities in education and the

mass media relating to the fight against racial dis-

crimination.

The Assembly requested the Secretary-General

to submit to the Economic and Social Council in

1979 a report with suggestions on specific annual

activities which could be undertaken during the

second half of the Decade, and on an agenda of

the Council and the Assembly on the Decade per-

mitting separate and detailed consideration of the

various aspects of the Programme for the Decade.The Council was requested to consider that re-

port and take decisions to enhance the implemen-tation of the Programme, with the possible assist-

ance of a working group to evaluate Decade

activities.

The Assembly urged United Nations organs

and specialized agencies to enlarge the scope of

their activities in support of the Programme's ob-

jectives and in light of the Secretary-General's re-

port on the Conference. It requested UNITAR to

organize an international colloquium on the pro-

hibition of apartheid, racism and racial discrimina-

tion and the achievement of self-determination in

international law, with special attention to the

principles of non-discrimination and self-

determination as imperative norms of interna-

tional law.

Resolution 33/99 was adopted, by a recorded

vote of 107 to 18, with 11 abstentions, on the rec-

ommendation of the Third Committee, which

had approved the text as sponsored by Ghana

and Liberia and amended jointly by Algeria, An-

gola, Benin, Burundi, the Congo, Cuba, Demo-

cratic Yemen, Djibouti, Egypt, Guinea, Guinea-

Bissau, the Libyan Arab Jamahiriya, Madagascar,

Mali, Mauritania, Mongolia, Mozambique, Paki-

stan, Sao Tome and Principe, Senegal, the Syrian

Arab Republic, Tunisia, Viet Nam and Zambia.

By the first of three 24-power amendments to

the first section of the resolution, which were ap-

proved by the Committee, the Assembly noted in

the preamble that the Conference, by the adop-

tion of the Declaration and the Programme of

Action, had focused the attention of the interna-

tional community on problems of racism, racial

discrimination, decolonization, foreign domina-

tion and apartheid—rather than noting that the

convening of the Conference had focused the at-

tention of the international community on such

problems. By the second, an operative provision

by which the Assembly would have taken note

with gratitude of the Secretary-General's report

on the Conference was replaced by two provi-

sions by which it took note of the report and ap-

proved the Declaration and the Programme of

Action. By the third, an operative paragraph was

added to request the Economic and Social Coun-

cil to carry out an evaluation of activities under-

taken in connexion with the Decade, taking into

account the results of the World Conference as

set out in the Declaration and the Programme of

Action.

The amendments to the operative provisions,

as a whole, were approved by a recorded vote of

81 to 32, with 18 abstentions. Earlier, Algeria hadrequested a vote on each of the amendments, but

withdrew the request after the approval of the

first amendment, to the preamble, by a recordedvote of 85 to 32, with 16 abstentions. The draft

resolution, as amended, was then approved on 4December by a recorded vote of 101 to 18, with

13 abstentions.

(For text of resolution 33/99 and voting details,

See DOCUMENTARY REFERENCES below.)

Also on 16 December, the Assembly adopted

resolution 33/100 by which it, inter alia: endorsed

the Declaration and the Programme of Action

adopted by the Conference; proclaimed that the

elimination of racism and racial discrimination

and prejudice was a matter of high priority for

the United Nations; invited all States and organi-

zations in the United Nations system as well as

concerned intergovernmental and non-

governmental organizations to give priority to the

full implementation of the provisions of the Dec-

laration and the Programme of Action; and asked

the Secretary-General to ensure that the maxi-

mum publicity was given to those final docu-

ments.

The Secretary-General was also requested to

prepare studies analysing the struggle against allforms of racial discrimination, to organize during

the second half of the Decade regional seminars

on action against racism and racial discrimination

and to study the possibility of establishing an in-

ternational voluntary fund to assist peoples and

national liberation movements in their struggle

against racism and apartheid. The Assembly re-

quested the Economic and Social Council to carry

out an evaluation of the activities undertaken in

connexion with the Decade, taking into account

the decisions of the Conference.Resolution 33/100 was adopted, by a recorded


ommendation of the Third Committee, where the

text, sponsored by 34 States, was approved on 4December by a recorded vote of 87 to 19, with 14


abstentions. (For voting details, list of sponsors

and text of resolution, see DOCUMENTARY REFER-ENCES below.)

Speaking in explanation of vote, Argentina,Botswana, Chad, Fiji, Greece, Jamaica, Japan,Peru, Portugal, Spain, Suriname and Turkey

were among those which, while supporting reso-

lutions 33/99 and 33/100, maintained their reser-

vations concerning what they considered extra-

neous or objectionable elements in the final

documents of the Conference. Others which also

maintained their reservations could not support

the resolutions: Australia, Austria, Canada, Costa

Rica, the Federal Republic of Germany (on behalf

of the members of EEC), Israel, the Ivory Coast,

New Zealand and Sweden, among others, noted

that the final documents endorsed by the Assem-

bly in those resolutions contained elements unac-

ceptable to their Governments.

The United States pointed out that it had not

participated in the voting on the draft resolu-

tions. Chile and Uruguay also noted their non-

participation in voting on the second text be-

cause, they said, its elements were contained in

the first, for which they had cast affirmative votes

while maintaining previously stated reservations

on the final documents of the Conference.

Elimination of racial discrimination

Status of the International Conventionon the Elimination of Racial Discrimination

The International Convention on the Elimina-

tion of All Forms of Racial Discrimination,adopted by the General Assembly on 21 Decem-

ber 1965, entered into force on 4 January 1969.

As at 31 December 1978, the Convention had

been ratified or acceded to by the following 102

States: Algeria, Argentina, Australia, Austria, the

Bahamas, Barbados, Belgium, Bolivia, Botswana,

Brazil, Bulgaria, Burundi, the Byelorussian SSR,

Canada, the Central African Empire, Chad,

Chile, Costa Rica, Cuba, Cyprus, Czechoslovakia,

Democratic Yemen, Denmark, Ecuador, Egypt,Ethiopia, Fiji, Finland, France, the Gambia, the

German Democratic Republic, the Federal Re-

public of Germany, Ghana, Greece, Guinea, Guy-

ana, Haiti, the Holy See, Hungary, Iceland, In-

dia, Iran, Iraq, Italy, the Ivory Coast, Jamaica,

Jordan, Kuwait, the Lao People's Democratic Re-

public, Lebanon, Lesotho, Liberia, the Libyan

Arab Jamahiriya, Luxembourg, Madagascar,Mali, Malta, Mauritius, Mexico, Mongolia, Mo-

rocco, Nepal, the Netherlands, New Zealand, Nic-aragua, the Niger, Nigeria, Norway, Pakistan,

Panama, Peru, the Philippines, Poland, Qatar, the

Republic of Korea, Romania, Rwanda, Senegal,Seychelles, Sierra Leone, Somalia, Spain, the Su-

dan, Swaziland, Sweden, the Syrian Arab Repub-

lic, Togo, Tonga, Trinidad and Tobago, Tunisia,

the Ukrainian SSR, the USSR, the United Arab

Emirates, the United Kingdom, the United Re-

public of Cameroon, the United Republic of Tan-zania, the Upper Volta, Uruguay, Venezuela, Yu-goslavia, Zaire and Zambia.

Seven of the States parties—Costa Rica, Ecua-dor, Italy, the Netherlands, Norway, Sweden, and

Uruguay—had made declarations under article

14 of the Convention, recognizing the compe-

tence of the Committee on the Elimination of Ra-

cial Discrimination to receive and consider com-

munications from individuals or groups of

individuals within their jurisdiction claiming to be

victims of a violation by a State party of any of the

rights set forth in the Convention. Under article

14, the Committee was to be competent to exer-

cise this function when at least 10 States partieswere bound by such declarations.

The sixth meeting of States parties to the Con-

vention was held at United Nations Headquar-

ters, New York, on 12 January 1978. At that

meeting, the States parties elected nine new

members of the Committee on the Elimination of

Racial Discrimination and asked the Secretary-

General to continue submitting biennial reportson the expenses of Committee members.

At the 1978 regular session of the General As-sembly, the Secretary-General submitted his an-nual report on the status of the Convention, giv-

ing a list of States which had signed, ratified or

acceded to the Convention, as well as the texts of

declarations and/or reservations made by someStates at the time of ratification or accession.

By resolution 33/101 adopted, without vote, on

16 December on the recommendation of the

Third Committee, the Assembly took note of theSecretary-General's report, expressed satisfaction

with the increase in the number of States which

had ratified or acceded to the Convention, and

reaffirmed its conviction that universal ratifica-tion of or accession to the Convention and imple-

mentation of its provisions were necessary for the

realization of the objectives of the Decade for

Action to Combat Racism and Racial Discrimina-tion. It requested States not party to the Conven-

tion to ratify or accede to it, and appealed to

States parties to study the possibility of making

the declaration provided for in article 14.

The provision containing the appeal concern-

ing article 14 resulted from approval of an

amendment of Ecuador and Uruguay to the draftresolution proposed in the Third Committee by

26 powers. It was adopted by a recorded vote, re-

15 See Y.U.N., 1965, p. 440, resolution 2106 A (XX), annexing text of

Convention.


quested by the United States, of 70 to 0, with 59

abstentions. The amended text was then ap-

proved by consensus on 24 October.

(For list of sponsors and text of resolution, see

DOCUMENTARY REFERENCES below.)

By another action of 16 December (resolution

33/102), the Assembly: welcomed the intention of

the Committee on the Elimination of Racial Dis-

crimination to resume consideration of the imple-

mentation of article 7 of the Convention (con-

cerning an undertaking by States parties to

combat racial prejudice by means of education

and information) with a view to formulating gen-

eral guidelines for their assistance; reiterated its

concern that some States parties were, for reasons

beyond their control, prevented from fulfilling

their obligations under the Convention in parts

of their territories; urged States parties to submit

their reports promptly, and to fulfil their obliga-

tions under the Convention by eliminating all dis-

crimination based on race, colour, descent, or na-

tional or ethnic origin; and urged all States to

ra t i fy or accede to the Convention and non-

parties to be guided by its basic provisions. (For

further details of resolution 33/102, see subsec-

tion immediately following.)

Report of the Committee on theElimination of Racial Discrimination

The Committee on the Elimination of Racial

Discrimination, set up in accordance with the In-

ternational Convention on the Elimination of All

Forms of Racial Discrimination, held its seven-

teenth session in March/April and its eighteenth

session in July/August 1978 at United Nations

Headquarters. The Committee submitted its ninth

annual report to the General Assembly's 1978

regular session, which opened on 19 September.

At its 1978 sessions, the Committee had contin-

ued its consideration of the biennial reports and

additional information submitted by States par-

ties to the Convention on the legislative, judicial,

administrat ive and other measures they had

taken to implement the provisions of the Conven-

tion. It examined 35 initial or periodic reports, on

which further information was provided by rep-

resentatives of 33 of the 35 States parties con-

cerned who attended the Committee's sessions.

The Committee's report to the Assembly sum-

marized the views of Committee members and

the statements made by representatives of States

parties, drawing attention to the fact that 45 re-

ports were outstanding. The Committee in-

formed the Assembly that, at its seventeenth ses-

sion, it had continued consideration of the

question of formulating general guidelines to as-

sist States parties to implement article 7 of the

Convention, by which they were requested to

adopt measures, part icularly in the fields of

teaching, education, culture and information, de-

signed to, inter alia, combat prejudices leading to

racial discrimination. In particular, the Commit-

tee had taken into account a report on the subject

submitted by UNESCO.

A Committee decision of 3 August, arising out

of States parties' reports, concerned conditions in

Cyprus (see p. 692).

The Committee also considered application of

the provisions of the Convention to the Trust

Territory of the Pacific Islands and non-self-

governing territories, after its three working

groups had examined documents supplied by the

Trusteeship Council and the Special Committee

on the Situation with regard to the Implementa-

tion of the Declaration on the Granting of Inde-

pendence to Colonial Countries and Peoples.16

The Committee noted that the Special Committee

had in 1977 authorized its Chairman to transmit

all pertinent information to the Committee on the

Elimination of Racial Discrimination, but ex-

pressed regret that the material received by it

contained little information relevant to the dis-

charge of its functions under the Convention.

The Committee designated its Chairman and

Rapporteur to represent it at the World Confer-

ence to Combat Racism and Racial Discrimination

(see subsection above), and approved for submis-

sion to the Conference a study on the work of the

Committee, a pamphlet setting out the provisions

of the Convention in simple terms, and a state-

ment to be delivered by the Chairman at the Con-

ference.

The Committee revised its rules of procedure

to allow general distribution of summary records

of public meetings and a number of other official

documents of the Committee and its subsidiary

bodies, and some reports and additional informa-

tion submitted by States parties, unless the Com-

mittee decided otherwise.

When the General Assembly considered the re-

port of the Committee at its 1978 session, it alsohad before it, inter alia, a telegram of 23 October

from the Minister for Foreign Affairs and Wor-

ship of Bolivia, addressed to the Secretary-

General. The Foreign Minister stated that, in the

face of a new campaign against his Government

alleging that official measures existed to promote

immigration from South Africa, he reiterated

that the Government and people of Bolivia re-

jected all forms of racial discrimination, con-

demned apartheid and were opposed to the settle-

ment of racist minorities on Bolivian soil.

On 16 December, the Assembly adopted with-

out vote a resolution by which it noted with ap-

preciation the report of the Committee on the

16 See Y.U.N., 1960, p. 49, resolution 1514(XV) of 14 December 1960,

containing text of Declaration.


Elimination of Racial Discrimination and drew

the attention of the relevant United Nations

bodies to the Committee's opinions and recom-

mendations related to the Trust Territory of the

Pacific Islands and non-self-governing territories,

again stressing the necessity of providing the

Committee with sufficient information to enable

it to discharge its responsibilities towards those

territories.

The Assembly expressed its support for the

Committee's continued efforts to focus attention

on the just cause of peoples struggling against op-

pression practised by the colonial and racist

régimes in southern Africa, and welcomed the

Committee's intention to resume in 1979 consid-

eration of the implementation of article 7 of the

Convention. It reiterated its grave concern that

some States parties, owing to reasons beyond

their control, were being prevented from fulfill-

ing their obligations under the Convention in

parts of their territories, and endorsed the rele-vant decision adopted by the Committee in Au-

gust 1978. It invited States parties to co-operate

with the Committee by submitting their reports in

due time on measures taken to give effect to the

Convention, taking into account the Committee's

recommendations and requests, and urged States

not parties to the Convention to ratify or accede

to it, meanwhile being guided by its basic provi-

sions in their internal and foreign policies. The

Secretary-General was asked to publish and circu-

late widely the study on the Committee's work

and the pamphlet on the Convention prepared

for the World Conference. The Assembly invited

States parties to observe fully the provisions of

the Convention and other international instru-

ments to which they were parties concerning the

elimination of all forms of discrimination based

on race, colour, descent, or national or ethnic ori-

gin.

The Assembly adopted resolution 33/102 on

the recommendation of the Third Committee,

where the text—sponsored by Algeria, Angola,

Argentina, Burundi, Cuba, Cyprus, Democratic

Kampuchea, Djibouti, Egypt, Ethiopia, Ghana,

Guinea-Bissau, Guyana, India, Jamaica, the Lib-

yan Arab Jamahiriya, Madagascar, Mali, Senegal,

the Syrian Arab Republic, the United Republic of

Cameroon, Yugoslavia, Zaire and Zambia—was

approved by consensus on 24 October.

At the request of the United Kingdom, a sepa-

rate vote was taken on the operative paragraph

by which the Assembly reiterated its grave con-

cern that some States parties were prevented

from fulfilling their obligations under the Con-

vention in parts of their territories, and endorsed

the relevant decision of the Committee. The para-

graph was approved by a recorded vote of 94 to

0, with 37 abstentions. (For text of resolution, see


International DayOn 21 March 1978, the General Assembly's

Special Committee against Apartheid held a special

meeting to mark the International Day for the

Elimination of Racial Discrimination and the be-ginning of the International Anti-Apartheid

Year.17

International Day was proclaimed in 1966

by the Assembly to commemorate an incident at

Sharpeville, South Africa, on 21 March 1960, in

which 69 demonstrators against pass laws were

killed and 180 others wounded. Attending the

special meeting were representatives of perma-

nent missions to the United Nations, of special-

ized agencies and of OAU.

Statements were made by, among others, the

United Nations Secretary-General, the Presidentof the 1977 session of the General Assembly, the

President of the Security Council, chairmen of re-

gional groups at the United Nations, and repre-

sentatives of the Special Committee on the Situa-

tion with regard to the Implementation of the

Declaration on the Granting of Independence to

Colonial Countries and Peoples, of the United

Nations Council for Namibia, and of the Commit-

tee of Trustees of the United Nations Trust Fund

for South Africa. The Executive Secretary of OAU

also spoke, as did the President of the African

National Congress of South Africa and the Ad-

ministrative Secretary of the Pan Africanist Con-

gress of Azania. Messages of support were re-

ceived from world leaders, Governments,

specialized agencies, the Commonwealth Secre-

tary-General and OAU.

As part of the observance of the International

Day, a register was opened on 20 March to re-

ceive contributions for the following United Na-

tions funds for southern Africa: the United Na-

tions Trust Fund for South Africa, the United

Nations Educational and Training Programme

for Southern Africa, the United Nations Fund for

Namibia, the United Nations Institute for Namib-

ia and the United Nations Trust Fund for Public-

ity against Apartheid. (See also p. 191.)

17 See Y.U.N., 1977, p. 164, resolution 32/105 B of 14 December 1977.


Documentary references

Decade for Action to CombatRacism and Racial Discrimination

IMPLEMENTATION OF THE PROGRAMME FOR THE DECADE

Economic and Social Council—first regular session, 1978Plenary meetings 6-8, 10, 14.

E/1978/24 and Add.1,2. Report of Secretary-General prepared inaccordance with para. 18 (0 of Programme for Decade (Gen-eral Assembly resolution 3057(XXVIII) of 2 November 1973).

E/1978/25 and Add.1. Report of Secretary-General prepared inaccordance with para. 18 (e) of Programme for Decade.

E/1978/L.25. Algeria, Bangladesh, Egypt, Ethiopia, Ghana, India,Jamaica, Mauritania, Nigeria, Somalia, Sudan, Togo, Tunisia,Uganda, United Republic of Cameroon, United Republic ofTanzania, Upper Volta, Yugoslavia: draft resolution.

Resolution 1978/7, as proposed by 18 powers, E/1978/L.25, andas orally amended by sponsors, adopted by Council on 4 May1978, meeting 14, by 42 votes to 0, with 7 abstentions.

The Economic and Social CouncilRecommends to the General Assembly the adoption of the fol-

lowing draft resolution:

[For text, see General Assembly resolution 33/98 below.]

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters III and XVII A(resolution 1(XXXI)) and B (decision 5) and Annex II.

General Assembly—33rd sessionThird Committee, meetings 20, 22-30, 65.Plenary meeting 86.

A/33/3. Report of Economic and Social Council, organizationalsession for 1978 and first and 2nd regular sessions, 1978,Chapter III F.

A/33/151. Letter of 14 June from Senegal (transmitting resolu-tions of 9th Islamic Conference of Foreign Ministers, Dakar, 24-28 April 1978).

A/33/206. Letter of 6 September from Yugoslavia (transmittingdocuments of Conference of Ministers for Foreign Affairs ofNon-Aligned Countries, Belgrade, 25-30 July 1978).

A/33/263. Report of Secretary-General.A/C.3/33/L.13. Note by Secretary-General containing draft resolu-

tion recommended by Economic and Social Council in its reso-lution 1978/7 of 4 May 1978 for adoption by General Assembly,approved by consensus by Third Committee on 4 December1978, meeting 65.

A/33/422. Report of Third Committee.

Resolution 33/98, as recommended by Third Committee, A/33/422, adopted by Assembly on 16 December 1978, meeting 86,by recorded vote of 124 to 0, with 12 abstentions, as follows:

In favour. Afghanistan, Albania, Algeria, Angola, Argentina,Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bo-livia, Botswana, Brazil, Bulgaria, Burma, Burundi, ByelorussianSSR, Cape Verde, Central African Empire, Chad, Chile, China,Colombia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia,Democratic Yemen, Denmark, Djibouti, Dominican Republic,Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji,Finland, Gabon, German Democratic Republic, Ghana,Greece, Guatemala, Guinea-Bissau, Guyana, Haiti, Honduras,Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, IvoryCoast, Jamaica, Jordan, Kenya, Kuwait, Lao People's Demo-cratic Republic, Lesotho, Liberia, Libyan Arab Jamahiriya, Mad-agascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mexico,

Mongolia, Morocco, Mozambique, Nepal, New Zealand, Nica-ragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Pa-pua New Guinea, Peru, Philippines, Poland, Portugal, Qatar,Romania, Rwanda, Samoa, Sao Tome and Principe, SaudiArabia, Senegal, Sierra Leone, Singapore, Somalia, Spain, SriLanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Re-public, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Arab Emirates, UnitedRepublic of Cameroon, United Republic of Tanzania, Uruguay,Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia

Against: NoneAbstaining: Australia, Austria, Belgium, Canada, France,

Germany, Federal Republic of, Italy, Japan, Luxembourg, Ma-lawi, Netherlands, United Kingdom.

The General Assembly,Recalling its resolutions 3057(XXVIII) of 2 November 1973, to

which is annexed the Programme for the Decade for Action toCombat Racism and Racial Discrimination, and 32/10 of 7 No-vember 1977 on the Decade,

Noting that, at the mid-term of the Programme for the Decade,the evils of apartheid, racism and racial discrimination, includingthe denial of the right to self-determination, continue to prevail insouthern Africa and elsewhere,

Convinced that the withdrawal of foreign investments and thetermination of the activities of the transnational corporations insouthern Africa will contribute significantly to achieving the goalsand objectives of the Programme for the Decade,

1. Condemns once again the policies of apartheid, racism andracial discrimination which prevail in southern Africa and else-where, including the denial of the right to self-determination;

2. Urges all States to continue to co-operate fully with the Sec-retary-General in the implementation of the Programme for theDecade for Action to Combat Racism and Racial Discrimination;

3. Reaffirms its strong support for oppressed peoples strug-gling to liberate themselves from racism, racial discrimination,apartheid, colonialism and alien domination;

4. Calls once again upon all the Governments which have notyet done so to take legislative, administrative or other measuresin respect of their nationals and the bodies corporate under theirjurisdiction that own and operate enterprises in southern Africa, inorder to put an end to such enterprises;

5. Urges once again United Nations organs, the specializedagencies and intergovernmental and non-governmental organiza-tions to strengthen and enlarge the scope of their activities insupport of the objectives of the Programme for the Decade, inparticular by taking the measures specified in paragraph 6 of Gen-eral Assembly resolution 32/10;

6. Requests the Secretary-General to continue to give the ut-most publicity to the Programme for the Decade;

7. Urges once again all Governments and private organiza-tions to make available adequate resources to enable the Secre-tary-General to undertake the activities entrusted to him underthe Programme for the Decade and in support of the activities en-visaged during the Decade;

8. Decides to continue to consider as a matter of high priority,at its thirty-fourth session, the item entitled "Implementation of theProgramme for the Decade for Action to Combat Racism and Ra-cial Discrimination."

WORLD CONFERENCE TO COMBATRACISM AND RACIAL DISCRIMINATION

Economic and Social Council—1978 organizational sessionPlenary meetings 1, 4.

E/1978/1. Draft basic programme of work of Economic and SocialCouncil for 1978, Chapter I, para. 72.

E/1978/L.6 and Add.1. Draft decision proposed by Council Presi-dent in light of consultative meetings of Council members,para. 4 (a).


Decision 1978/1, para. 4 (a), requesting Secretary-General tosubmit to Council, at its first regular session (1978), report onstate of preparations for World Conference to Combat Racismand Racial Discrimination, as proposed by Council President,E/1978/L.6 and Add.1, adopted (draft decision as a whole)without objection by Council on 13 January 1978, meeting 4.

Economic and Social Council—first regular session, 1978Plenary meetings 6-8, 10.

E/1978/26. Report by Secretary-General.E/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters XVand XXVI A (resolution 8(XXXIV)) and Annex III.

E/1978/43. Annual report of ACC for 1977/78, Part One, Chap. I.E/1978/L.24. Algeria, Bangladesh, Egypt, Ethiopia, Ghana, India,

Mauritania, Nigeria, Philippines, Somalia, Sudan, Togo, Tuni-sia, Uganda, United Republic of Cameroon, United Republic ofTanzania, Upper Volta, Yugoslavia: draft resolution.

Resolution 1978/3, as proposed by 18 powers, adopted withoutvote by Council on 2 May 1978, meeting 10.

The Economic and Social Council,Recalling the relevant resolutions of the General Assembly, in

particular resolutions 3057(XXVIII) of 2 November 1973 and 32/129 of 16 December 1977, in which it affirmed its total abhor-rence of racism, racial discrimination and apartheid, and its ownresolution 2057(LXII) of 12 May 1977,

Recalling also its decision 1978/1 of 13 January 1978,Affirming its total abhorrence of racism, racial discrimination

and apartheid and resolved to achieve their total and uncondi-tional elimination,

Taking note of the report of the Secretary-General concerningthe activities undertaken thus far by the Secretariat in preparationfor the World Conference to Combat Racism and Racial Discrimi-nation,

1. Expresses its satisfaction at the appointment of Mr. C. V.Narasimhan as Secretary-General of the World Conference toCombat Racism and Racial Discrimination;

2. Urges all Member States, specialized agencies and otherbodies of the United Nations as well as the intergovernmentaland non-governmental organizations concerned to lend theirmaximum co-operation to the Secretary-General of the Confer-ence to ensure the success of the Conference, in particular bytheir active participation therein;

3. Takes note with appreciation of the work that has been un-dertaken by the Secretary-General thus far in preparation for theConference;

4. Stresses the need to accelerate the necessary preparationsfor the Conference;

5. Reiterates the importance of ensuring maximum publicity forthe Conference and requests the Secretary-General, in collabora-tion with the Secretary-General of the Conference, to take thenecessary steps in this connexion;

6. Urges Governments to submit as soon as possible the na-tional reports referred to in paragraph 2 of the annex to its resolu-tion 2057(LXII);

7. Requests the Secretary-General to make available to theConference, in addition to the documents specified in the annexto resolution 2057(LXII), all the necessary documents, such asbackground papers, reports and studies, relating to the items ofthe provisional agenda for the Conference;

8. Commends the Committee on the Elimination of Racial Dis-crimination for the study on its work and progress towards theachievement of the objectives of the International Convention onthe Elimination of All Forms of Racial Discrimination;

9. Requests the Secretary-General to transmit to the Confer-ence the suggestions and recommendations made by the Com-mission on Human Rights in its resolution 8(XXXIV);

10. Calls upon all States and United Nations organs andbodies invited to participate in the Conference to designate theirrepresentatives to the Conference if they have not yet done so;

11. Decides to review the outcome of the Conference at itsfirst regular session of 1979, under an item entitled "Decade forAction to Combat Racism and Racial Discrimination."

Committee on the Elimination of Racial Discrimination (CERD)and the Progress Made towards the Achievement of the Ob-jectives of the International Convention on the Elimination of AllForms of Racial Discrimination (A/CONF.92/8). U.N.P. SalesNo.: E.79.XIV.4.

A/33/18. Report of Committee on Elimination of Racial Discrimi-nation on its 17th (20 March-5 April 1978) and 18th (24July-11 August 1978) sessions, Headquarters, New York,Chapter VII and Annex V.

Economic and Social Council—resumed 2nd regular session,1978

Plenary meeting 43.

Report of the World Conference to Combat Racism and RacialDiscrimination, Geneva, 14-25 August 1978 (A/CONF.92/40).U.N.P. Sales No.: E.79.XIV.2 (Chapter II: Declaration and Pro-gramme of Action; Chapter III: Resolutions (1 and 2) and deci-sion adopted by Conference; Annex VII: Reservations and dec-larations in relation to Declaration and Programme of Action;Annex XI: List of documents before Conference.)

A/33/262. Report of Secretary-General on World Conference toCombat Racism and Racial Discrimination.

Decision 1978/87, taking note of report of Secretary-General onwork of World Conference to Combat Racism and Racial Dis-crimination, as orally proposed by Council President, adoptedwithout objection by Council on 15 November 1978, meeting43.

General Assembly—33rd sessionThird Committee, meetings 22-30, 50, 52-54, 63-66, 70.Fifth Committee, meeting 62.Plenary meeting 86.

Report of the World Conference to Combat Racism and RacialDiscrimination, Geneva, 14-25 August 1978, Chapter II. U.N.P.Sales No.: E.79.XIV.2.

A/33/3/Add.1. Addendum to report of Economic and Social Coun-cil, resumed 2nd regular session, 1978, Chapter VII.


A/33/262. Report of Secretary-General.A/C.3/33/L.17. Ghana and Liberia: draft resolution, as amended

by 24 powers (A/C.3/33/L.34), approved by Third Committeeon 4 December 1978, meeting 65, by recorded vote of 101 to18, with 13 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR,Cape Verde, Chad, Chile, China, Colombia, Congo, Cuba, Cy-prus, Czechoslovakia, Democratic Kampuchea, DemocraticYemen, Djibouti, Dominican Republic, Ecuador, Egypt, Ethio-pia, Fiji, Gambia, German Democratic Republic, Greece,Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, India, In-donesia, Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait,Lao People's Democratic Republic, Liberia, Libyan Arab Jama-hiriya, Madagascar, Malaysia, Maldives, Mali, Mauritania, Mex-ico, Mongolia, Morocco, Mozambique, Nepal, Niger, Nigeria,Oman, Pakistan, Panama, Peru, Philippines, Poland, Portugal,Qatar, Romania, Rwanda, Sao Tome and Principe, Saudi Ara-bia, Senegal, Singapore, Somalia, Spain, Sudan, Suriname,Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia,Turkey, Uganda, Ukrainian SSR, USSR, United Arab Emirates,United Republic of Cameroon, United Republic of Tanzania,Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia

Against: Australia, Austria, Belgium, Canada, Denmark, Fin-land, France, Germany, Federal Republic of, Iceland, Ireland,


Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway,Sweden, United Kingdom

Abstaining: Bahamas, Central African Empire, Costa Rica,Gabon, Ghana, Guatemala, Ivory Coast, Malawi, Nicaragua,Papua New Guinea, Swaziland, Upper Volta, Zaire.

A/C.3/33/L.34. Algeria, Angola, Benin, Burundi, Congo, Cuba,Democratic Yemen, Djibouti, Egypt, Guinea, Guinea-Bissau,Libyan Arab Jamahiriya, Madagascar, Mali, Mauritania, Mongo-lia, Mozambique, Pakistan, Sao Tome and Principe, Senegal,Syrian Arab Republic, Tunisia, Viet Nam, Zambia: amendmentsto 2-power draft resolution, A/C.3/33/L.17.

A/C.3/33/L.48, A/C.5/33/77. Administrative and financial implica-tions of 2-power draft resolution, A/C.3/33/L.17 (as amendedby 24 powers, A/C.3/33/L.34). Statements by Secretary-General.

A/33/521. Administrative and financial implications of, inter alia,draft resolution I recommended by Third Committee in A/33/447. Report of Fifth Committee.

A/33/447. Report of Third Committee, draft resolution I.


In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR,Cape Verde, Chad, Chile, China, Colombia, Congo, CostaRica,* Cuba, Cyprus, Czechoslovakia, Democratic Yemen, Dji-bouti, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Fiji, Ger-man Democratic Republic, Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia,Iran, Iraq, Jamaica, Japan, Jordan, Kenya, Kuwait, LaoPeople's Democratic Republic, Lesotho, Libyan Arab Jamahi-riya, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta,Mauritania, Mauritius, Mexico, Mongolia, Morocco, Mozam-bique, Nepal, Niger, Nigeria, Oman, Pakistan, Panama, Peru,Philippines, Poland, Portugal, Qatar, Romania, Rwanda, Sa-moa, Sao Tome and Principe, Saudi Arabia, Senegal, Singa-pore, Somalia, Spain, Sri Lanka, Sudan, Suriname, Syrian ArabRepublic, Thailand, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Arab Emirates, UnitedRepublic of Cameroon, United Republic of Tanzania, Uruguay,Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia

Against: Australia, Austria, Belgium, Canada, Denmark, Fin-land, France, Germany, Federal Republic of, Iceland, Ireland,Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway,Sweden, United Kingdom

Abstaining: Bahamas, Central African Empire, DominicanRepublic, El Salvador, Gabon, Guatemala, Ivory Coast, Nicara-gua, Papua New Guinea, Swaziland, Zaire.

*Subsequently Costa Rica advised the Secretariat that it hadintended to abstain.

The General Assembly,

Recalling its resolution 3057(XXVIII) of 2 November 1973, inwhich it designated the ten-year period beginning on 10 Decem-ber 1973 as the Decade for Action to Combat Racism and RacialDiscrimination and adopted the Programme for the Decade,

Recalling also its resolution 32/129 of 16 December 1977, inwhich it decided to convene the World Conference to CombatRacism and Racial Discrimination,

Having considered the report of the Secretary-General on thework of the World Conference to Combat Racism and Racial Dis-crimination, held at Geneva from 14 to 25 August 1978,

Noting that the Conference, by the adoption of the Declarationand the Programme of Action, focused the attention of the inter-national community on the problems of racism, racial discrimina-tion, decolonization, foreign domination and apartheid and pro-vided the international community with an opportunity to review

and evaluate the activities undertaken during the first half of theDecade,

Stressing the importance of continuous action at all levels toeradicate the evils of racism, racial discrimination, colonial andalien domination and apartheid,

Inspired by the spirit of the thirtieth anniversary of the UniversalDeclaration of Human Rights and of the International Anti-Apartheid Year to redouble the efforts of the international com-munity to eliminate all forms of racism and racial discrimination,

1. Takes note of the report of the Secretary-General on thework of the World Conference to Combat Racism and Racial Dis-crimination;

2. Approves the Declaration and the Programme of Actionadopted by the Conference;

3. Reaffirms that all forms of racism, racial discrimination andapartheid are abhorrent to the conscience and dignity of mankindand must be eradicated by effective international action;

4. Further reaffirms the special responsibility of the United Na-tions and the international community for the victims of racial dis-crimination as well as for peoples subjected to colonial or aliendomination;

5. Requests the Secretary-General to circulate his report onthe work of the Conference to States, specialized agencies, re-gional intergovernmental organizations and non-governmental or-ganizations with a request to utilize their best endeavours in striv-ing for the universal elimination of racism, racial discriminationand apartheid;

6. Requests the Economic and Social Council to carry out anevaluation of the activities undertaken in connexion with the Dec-ade, in accordance with paragraph 18 of the Programme for theDecade, taking into account the results of the Conference set outin the Declaration and the Programme of Action adopted by theConference;

Stressing the importance of action at the international, regionaland national levels for the effective elimination of racism and ra-cial discrimination,

1. Recommends to all States and intergovernmental and non-governmental organizations to co-operate in making concertedand determined efforts at the national, regional and internationallevels to combat racism, racial discrimination and apartheid, inaccordance with the Programme for the Decade for Action toCombat Racism and Racial Discrimination and in light of the re-port of the Secretary-General on the work of the World Confer-ence to Combat Racism and Racial Discrimination;

2. Appeals to all States to continue to co-operate with the Sec-retary-General in the implementation of the Programme for theDecade, inter alia by submitting their reports in compliance withthe provisions of paragraph 18 (e) of the Programme for the Dec-ade;

3. Further appeals to all States:(a) To deny all military, economic, political, diplomatic or other

assistance to racist régimes which enables and encouragesthese régimes to enforce and perpetuate their racist policies;

(b) To ensure the fullest implementation of United Nations res-olutions relevant to the complete eradication of racism, racial dis-crimination and apartheid in southern Africa;

4. Reiterates its appeal to all States, intergovernmental organi-zations, private institutions and non-governmental organizationsto continue to render political and material assistance to the op-pressed peoples of southern Africa and the liberation movementsrecognized by the Organization of African Unity;

5. Calls upon all States and intergovernmental and non-governmental organizations to work for the speedy release of allpolitical prisoners imprisoned by the racist régimes for their fightagainst apartheid, racism and racial discrimination and for theright of their people to self-determination and independence;

Recognizing the importance of concerted and co-ordinatedaction by the United Nations system to implement the Pro-gramme for the Decade for Action to Combat Racism and RacialDiscrimination,

I

II

III


Bearing in mind the report of the Secretary-General on thework of the World Conference to Combat Racism and Racial Dis-crimination,

Commending the steps already taken by various organs andbodies within the United Nations system, including the special-ized agencies, to implement the Programme for the Decade,

Aware of the need for further interagency co-ordination and co-operation within the United Nations system In the implementationof the Programme for the Decade,

Reiterating the importance of publicity as an instrument for fur-thering the goals and objectives of the Decade,

1. Stresses the urgent need for organizations within the UnitedNations system to continue to intensify their efforts to arouseworld public opinion on a continuous basis against the evils ofracism, racial discrimination and apartheid;

2. Requests the Secretary-General to direct the Department ofPublic Information of the Secretariat to continue to make every ef-fort to generate publicity and disseminate information with a viewto mobilizing public support for the goals and objectives of theDecade for Action to Combat Racism and Racial Discrimination;

3. Further requests the United Nations Educational, Scientificand Cultural Organization to continue its efforts in the field of edu-cation and information, especially by organizing multi-media cam-paigns to combat racism and racial discrimination;

4. Requests the Secretary-General to undertake during theyear 1979 the following activities:

(a) The convening of a regional seminar on recourse proce-dures available to victims of racial discrimination and activities tobe undertaken at the regional level;

(b) The convening of a round-table of university professorsand directors of race relations institutions on the teaching of prob-lems of racial discrimination;

(c) The undertaking of a study on education activities and ac-tivities of the mass media in the fight against racial discrimination;

5. Further requests the Secretary-General to submit to the Eco-nomic and Social Council at its first regular session in 1979 a re-port containing concrete and detailed suggestions on the follow-ing points:

(a) Specific activities which could be undertaken during thesecond half of the Decade, on a yearly basis, in order to imple-ment fully the Programme for the Decade;

(b) The drawing up of the agenda of the Economic and SocialCouncil and the General Assembly, as regards the Decade, in away that permits separate and detailed consideration of the var-ious aspects of the Programme for the Decade;

6. Requests the Economic and Social Council to consider thereport of the Secretary-General referred to in paragraph 5 aboveand to take the necessary decisions in order to enhance the im-plementation of the Programme for the Decade;

7. Invites the Economic and Social Council, in order to evalu-ate the activities of the Decade, to consider the possibility of set-ting up a working group to assist it in this task;

8. Urges United Nations organs and the specialized agenciesto strengthen and enlarge the scope of their activities in supportof the objectives of the Programme for the Decade, in light of thereport of the Secretary-General on the work of the World Confer-ence to Combat Racism and Racial Discrimination;

9. Requests the United Nations Institute for Training and Re-search to organize an international colloquium on the prohibitionof apartheid, racism and racial discrimination and the achieve-ment of self-determination in international law, with special atten-tion to the principles of non-discrimination and self-determinationas imperative norms of international law;

10. Invites the Secretary-General to provide the necessarystaff and resources to ensure the effective implementation of theProgramme for the Decade, bearing in mind the provisions of thepresent resolution;

11. Decides to consider at its thirty-fourth session, as a matterof high priority, the item entitled "Implementation of the Pro-gramme for the Decade for Action to Combat Racism and RacialDiscrimination."

A/C.3/33/L.35. Afghanistan, Algeria, Angola, Benin, Bulgaria, Bu-rundi, Congo, Cuba, Czechoslovakia, Democratic Yemen, Dji-

bouti, Egypt, Ethiopia, German Democratic Republic, Guinea,Guinea-Bissau, Iraq, Jordan, Libyan Arab Jamahiriya, Mada-gascar, Mali, Mauritania, Mongolia, Mozambique, Niger, Paki-stan, Sao Tome and Principe, Sudan, Syrian Arab Republic,Tunisia, Ukrainian SSR, United Republic of Tanzania, VietNam, Zambia: draft resolution, approved by Third Committeeon 4 December 1978, meeting 66, by recorded vote of 87 to19, with 14 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Benin, Bhutan, Botswana, Bulgaria,Burma, Burundi, Byelorussian SSR, Cape Verde, Chad, China,Congo, Cuba, Cyprus, Czechoslovakia, Democratic Kampu-chea, Djibouti, Ecuador, Egypt, Ethiopia, Fiji, German Demo-cratic Republic, Greece, Guinea, Guinea-Bissau, Guyana, Hun-gary, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan,Kenya, Kuwait, Lao People's Democratic Republic, Lebanon,Libyan Arab Jamahiriya, Madagascar, Malaysia, Maldives,Mali, Mauritania, Mongolia, Morocco, Mozambique, Niger, Ni-geria, Oman, Pakistan, Panama, Papua New Guinea, Peru,Philippines, Poland, Portugal, Qatar, Romania, Rwanda, SaoTome and Principe, Senegal, Singapore, Somalia, Spain, Su-dan, Suriname, Syrian Arab Republic, Thailand, Trinidad andTobago, Tunisia, Turkey, Ukrainian SSR, USSR, United ArabEmirates, United Republic of Cameroon, United Republic ofTanzania, Venezuela, Viet Nam, Yugoslavia, Zambia

Against: Australia, Austria, Belgium, Canada, Denmark, Fin-land, France, Germany, Federal Republic of, Iceland, Ireland,Israel, Italy, Ivory Coast, Luxembourg, Netherlands, NewZealand, Norway, Sweden, United Kingdom

Abstaining: Bahamas, Barbados, Central African Empire,Colombia, Costa Rica, Dominican Republic, Ghana, Honduras,Mexico, Nepal, Nicaragua, Swaziland, Upper Volta, Zaire.

A/C.3/33/L.64, A/C.5/33/75. Administrative and financial implica-tions of 34-power draft resolution, A/C.3/33/L.35. Statementsby Secretary-General.

A/33/521. Administrative and financial implications of, inter alia,draft resolution II recommended by Third Committee in A/33/447. Report of Fifth Committee.

A/33/447. Report of Third Committee, draft resolution II.


In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Bulgaria, Burma, Burundi, Byelorussian SSR, CapeVerde, Chad, China, Colombia, Congo, Cuba, Cyprus, Czecho-slovakia, Democratic Yemen, Djibouti, Ecuador, Egypt, Equato-rial Guinea, Ethiopia, Fiji, German Democratic Republic,Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Haiti, Hun-gary, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan,Kenya, Kuwait, Lao People's Democratic Republic, Lesotho, Li-beria, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mal-dives, Mali, Malta, Mauritania, Mauritius, Mongolia, Morocco,Mozambique, Niger, Nigeria, Oman, Pakistan, Panama, PapuaNew Guinea, Peru, Philippines, Poland, Portugal, Qatar, Ro-mania, Rwanda, Samoa, Sao Tome and Principe, Saudi Ara-bia, Senegal, Singapore, Somalia, Spain, Sri Lanka, Sudan,Suriname, Syrian Arab Republic, Thailand, Trinidad and To-bago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, UnitedArab Emirates, United Republic of Cameroon, United Republicof Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia, Zam-bia

Against: Australia, Austria, Belgium, Canada, Denmark, Fin-land, France, Germany, Federal Republic of, Guatemala, Ice-land, Ireland, Israel, Italy, Luxembourg, Netherlands, NewZealand, Norway, Sweden, United Kingdom

Abstaining: Bahamas, Central African Empire, Costa Rica,Dominican Republic, El Salvador, Gabon, Honduras, IvoryCoast, Malawi, Mexico, Nepal, Nicaragua, Paraguay, Swazi-land, Zaire.


The General Assembly,Recalling its resolution 3057(XXVIII) of 2 November 1973 pro-

claiming the Decade for Action to Combat Racism and RacialDiscrimination, to which is annexed the Programme for the Dec-ade,

Having considered the report of the Secretary-General on thework of the World Conference to Combat Racism and Racial Dis-crimination, held at Geneva from 14 to 25 August 1978,

Recalling the importance of the attainment of the objectives ofthe Decade with a view to the strengthening of internationalpeace and security,

Taking into account the provisions of the Charter of the UnitedNations whereby Member States undertake to take action sepa-rately and in co-operation with the United Nations to ensure re-spect for and universal observance of human rights and funda-mental freedoms for all without distinction as to race, sex,language or religion,

Convinced that the Conference, by the adoption of the Decla-ration and the Programme of Action, has made a valuable andconstructive contribution to the achievement of the objectives ofthe Decade,

Resolved to take all appropriate measures to bring about thetotal elimination of racism, racial discrimination and apartheid,

Inspired by the spirit presiding over the observance of the thirti-eth anniversary of the Universal Declaration of Human Rights andof the International Anti-Apartheid Year to redouble efforts to putan end to all forms of racism and racial discrimination,

1. Takes note of the report of the Secretary-General on thework of the World Conference to Combat Racism and Racial Dis-crimination;

2. Endorses the Declaration and the Programme of Actionadopted by the Conference;

3. Proclaims that the elimination of all forms of racism and ofprejudices and discrimination based on race is a matter of highpriority for the international community and, accordingly, for theUnited Nations;

4. Invites all States, the specialized agencies and other organi-zations in the United Nations system, as well as intergovern-mental and non-governmental organizations particularly con-cerned with action against racism and racial discrimination, togive priority to the full implementation of the provisions of theDeclaration and the Programme of Action adopted by the Confer-ence;

5. Requests the Secretary-General to take the necessarymeasures to ensure that the maximum publicity is given to the fi-nal documents of the Conference in view of the need to combatracism, racial discrimination and apartheid;

6. Requests the Secretary-General to take the following meas-ures in accordance with the Programme of Action:

(a) To prepare several studies analysing the struggle againstall forms of racial discrimination;

(b) To organize during the second half of the Decade forAction to Combat Racism and Racial Discrimination, at the levelof each region of the United Nations, regional seminars on actionagainst racism and racial discrimination;

(c) To study the possibility of establishing an international fundon the basis of voluntary contributions with a view to assistingpeoples and national liberation movements in their struggleagainst racism and apartheid;

7. Requests the Economic and Social Council to carry out anevaluation of the activities undertaken in connexion with the Dec-ade, in accordance with paragraph 18 of the Programme for theDecade, taking into account the results of the Conference set outin the Declaration and the Programme of Action adopted by theConference.

Elimination of racial discrimination

General Assembly—33rd sessionThird Committee, meetings 13, 14, 17-23, 25-29.Plenary meeting 86.

STATUS OF THE INTERNATIONAL CONVENTIONCERD/SP/8. Decisions of 6th Meeting of States Parties to Inter-

national Convention on Elimination of All Forms of Racial Dis-crimination.

A/33/18. Report of Committee on Elimination of Racial Discrimi-nation. (Annex I: States parties to International Convention onElimination of All Forms of Racial Discrimination as at 11 Au-gust 1978.)

A/33/147 and Corr.1. Report of Secretary-General.A/33/151. Letter of 14 June from Senegal (transmitting resolu-

tions of 9th Islamic Conference of Foreign Ministers, Dakar, 24-28 April 1978).


A/C.3/33/L.10. Angola, Argentina, Australia, Belgium, Bolivia, Bul-garia, Costa Rica, Cyprus, Egypt, Germany, Federal Republicof, Ghana, Haiti, Hungary, India, Iran, Italy, Ivory Coast, Jor-dan, Libyan Arab Jamahiriya, Morocco, New Zealand, Nicara-gua, Senegal, Syrian Arab Republic, Upper Volta, Yugoslavia:draft resolution, as amended by 2 powers (A/C.3/33/L.11) andby sponsors, approved by consensus by Third Committee on24 October 1978, meeting 28.

A/C.3/33/L.11. Ecuador and Uruguay: amendments to 26-powerdraft resolution, A/C.3/33/L.10.


Resolution 33/101, as recommended by Third Committee, A/33/381, adopted without vote by Assembly on 16 December 1978,meeting 86.

The General Assembly,Recalling its resolutions 3057(XXVIII) of 2 November 1973,

3135(XXVIII) of 14 December 1973, 3225(XXIX) of 6 November1974, 3381(XXX) of 10 November 1975, 31/79 of 13 December1976 and 32/11 of 7 November 1977,

1. Takes note of the report of the Secretary-General on thestatus of the International Convention on the Elimination of AllForms of Racial Discrimination;

2. Expresses its satisfaction with the increase in the number ofStates which have ratified the Convention or acceded thereto;

3. Reaffirms once again its conviction that ratification of or ac-cession to the Convention on a universal basis and implementa-tion of its provisions are necessary for the realization of the objec-tives of the Decade for Action to Combat Racism and RacialDiscrimination;

4. Requests States which have not yet become parties to theConvention to ratify it or accede thereto;

5. Appeals to States parties to the Convention to study thepossibility of making the declaration provided for in article 14 ofthe Convention;

6. Requests the Secretary-General to continue to submit to theGeneral Assembly annual reports concerning the status of theConvention, in accordance with Assembly resolution 2106 A (XX)of 21 December 1965.

REPORT OF THE COMMITTEE ON THEELIMINATION OF RACIAL DISCRIMINATIONA/CONF.92/8. Study on work of Committee on Elimination of Ra-

cial Discrimination and progress towards achievement of objec-tives of International Convention on Elimination of All Forms ofRacial Discrimination. Note by Secretary-General (coveringnote transmitting study).

A/33/18. Report of Committee on Elimination of Racial Discrimi-nation on its 17th (20 March-5 April 1978) and 18th (24July-11 August 1978) sessions, Headquarters, New York.(Chapter X: Decisions adopted by Committee at its 17th (deci-sions 1(XVII) and 2(XVII)) and 18th (decision 1(XVIII)) sessions;Annex VIII: List of documents issued for 17th and 18th sessionsof Committee.)

A/C.3/33/2. Telegram of 23 October from Minister for Foreign Af-fairs and Worship of Bolivia.

A/C.3/33/L.12. Algeria, Angola, Argentina, Burundi, Cuba, Cy-prus, Democratic Kampuchea, Djibouti, Egypt, Ethiopia,Ghana, Guinea-Bissau, Guyana, India, Jamaica, Libyan Arab


Jamahiriya, Madagascar, Mali, Senegal, Syrian Arab Republic,United Republic of Cameroon, Yugoslavia, Zaire, Zambia: draftresolution, approved by consensus by Third Committee on 24October 1978, meeting 28.

A/C.3/33/L.16, A/C.5/33/88, A/33/522. Administrative and finan-cial implications of draft resolution II recommended by ThirdCommittee in A/33/381. Statements by Secretary-General andreport of Fifth Committee.

A/33/381. Report of Third Committee, draft resolution II.


The General Assembly,Recalling its resolutions 3057(XXVIII) of 2 November 1973 and

33/98 of 16 December 1978 on the Decade for Action to CombatRacism and Racial Discrimination, 32/13 of 7 November 1977 onthe report of the Committee on the Elimination of Racial Discrimi-nation and 33/101 of 16 December 1978 on the status of the In-ternational Convention on the Elimination of All Forms of RacialDiscrimination,

Having considered the report of the Committee on the Elimina-tion of Racial Discrimination on its seventeenth and eighteenthsessions submitted under article 9, paragraph 2, of the Interna-tional Convention on the Elimination of All Forms of Racial Dis-crimination,

Emphasizing the need for Member States to intensify, at thenational and international levels, their struggle against acts orpractices of racial discrimination and the vestiges or manifesta-tions of racist ideologies wherever they exist,

Stressing the importance of complying with the undertaking ofStates parties to the Convention not to engage in any act or prac-tice of racial discrimination against any person, groups of personsor national or ethnic minorities, and to ensure that all public au-thorities and public institutions, national and local, shall act inconformity with this obligation, in accordance with relevant provi-sions of the Convention,

Noting with appreciation the valuable work done by the Com-mittee, in particular its contribution to the World Conference toCombat Racism and Racial Discrimination, held at Geneva from14 to 25 August 1978, and to the realization of the objectives ofthe Programme for the Decade for Action to Combat Racism andRacial Discrimination,

Welcoming the co-operation of the United Nations Educational,Scientific and Cultural Organization with the Committee in orderto give effect to article 7 of the Convention,

Noting the decisions adopted and the recommendations madeby the Committee at its seventeenth and eighteenth sessions,

1. Takes note with appreciation of the report of the Committeeon the Elimination of Racial Discrimination on its seventeenth andeighteenth sessions;

2. Draws the attention once again of the relevant United Na-tions bodies to the opinions and recommendations of the Com-mittee relating to Trust and Non-Self-Governing Territories and toall other Territories to which General Assembly resolution1514(XV) of 14 December 1960 applies and stresses the neces-sity of providing the Committee with sufficient information in orderto enable it to discharge fully its responsibilities under article 15 ofthe International Convention on the Elimination of All Forms ofRacial Discrimination;

3. Supports the continued efforts of the Committee to focus at-tention on the just cause of peoples struggling against oppressionpractised by the colonial and racist régimes in southern Africa;

4. Welcomes the Committee's intention to resume the consid-eration of the implementation of article 7 of the Convention at itsnineteenth session with a view to formulating general guidelinesthat might assist the States parties to implement article 7 of theConvention;

5. Reiterates its grave concern that some States parties to theConvention, owing to reasons beyond their control, are being pre-vented from fulfilling their obligations under the Convention inparts of their respective territories and endorses the relevant de-cision of the Committee adopted at its eighteenth session;

6. Invites the States parties to the Convention to co-operatewith the Committee by submitting in due time their reports underarticle 9 of the Convention, taking into account the relevant rec-ommendations and requests of the Committee;

7. Requests the Secretary-General to have printed and circu-late to Member States the study on the work of the Committeeprepared pursuant to Economic and Social Council resolution2057(LXII) of 12 May 1977 and the pamphlet on the Conventionprepared by the Committee as its contribution to the World Con-ference to Combat Racism and Racial Discrimination, with thesuggestion that these documents be given the widest possibledissemination;

8. Urges all States which are not yet parties to the Conventionto ratify or accede to it and, pending such ratification or acces-sion, to be guided by the basic provisions of the Convention intheir internal and foreign policies;

9. Invites the States parties to the Convention to observe fullythe provisions of the Convention and other international instru-ments and agreements to which they are parties concerning theelimination of all forms of discrimination based on race, colour,descent or national or ethnic origin.

INTERNATIONAL DAYA/33/22 and Corr.1. Report of Special Committee against Apart-

heid, Chapter M 2.

Apartheid and racial discrimination in southern Africa

Status of the International Conventionon the Suppression andPunishment of the Crime of Apartheid

The International Convention on the Suppres-

sion and Punishment of the Crime of Apartheid,

adopted by the General Assembly on 30 Novem-

ber 1973,18

entered into force on 18 July 1976.

On 22 February, at its 1978 session, the Com-

mission on Human Rights took note with appreci-

ation of the report of a group of three members

of the Commission, appointed in 1977 under ar-

ticle IX of the Convention19

to consider reports

submitted by States parties in accordance with ar-

ticle VII on the measures taken to implement theConvention. The Commission approved the gen-

eral guidelines proposed by the group concerning

the form and content of reports to be submitted

by States parties, and requested them to take the

guidelines fully into account in submitting their

biennial reports.The Commission also took action to implement

article X of the Convention by calling upon com-

petent United Nations organs to: provide infor-

mation on individuals, organizations and repre-

sentatives of States alleged to be responsible for

crimes enumerated in the Convention; provide

similar information concerning individuals under

the jurisdiction of the authorities responsible for

18 See Y.U.N., 1973, p. 103, resolution 3068(XXVIII), annexing text of

Convention.19 See Y.U.N., 1977, p. 685.


the administration of Trust Territories and non-

self-governing territories; and draw the attention

of the Commission to complaints submitted to the

Committee on the Elimination of Racial Discrimi-

nation concerning acts enumerated in the Con-

vention.

By another action on the same date, the Com-

mission requested the Secretary-General to bring

the list of persons suspected of having been guilty

in Namibia of the crime of apartheid or of a se-

rious violation of human rights—which was con-

tained in a report of the Ad Hoc Working Group

of Experts on southern Africa (see section be-

low)—to the attention of States and the compe-

tent United Nations bodies, inc luding the

Commission's three-member group.

The Secretary-General, in his report to the

1978 regular session of the General Assembly on

the status of the Convention, included a list of

States which had signed, ratified or acceded to

the Convention, as well as details of the action

taken by the Human Rights Commission.

On 16 December, the Assembly adopted a reso-

lution by which, inter alia, it welcomed the Decla-

ration and the Programme of Action adopted by

the World Conference to Combat Racism and Ra-

cial Discrimination (see subchapter above). The

Assembly took note of the Secretary-General's re-

port, commended States parties to the Conven-

tion that had submitted their reports, urged other

States to do so as soon as possible, taking fully

into account the guidelines prepared by the

three-member working group of the Commission,

and appealed to all States which had not done so

to ratify or accede to the Convention.

The Assembly welcomed the Commission's ef-

forts to undertake the functions set out in article

X of the Convention and called upon the compe-

tent United Nations organs to provide the Com-

mission with full information thereon.

Resolution 33/103 was adopted, on the recom-

mendation of the Third (Social, Humanitarian

and Cultural) Committee, by a recorded vote of

109 to 0, with 30 abstentions. The preambular

paragraph by which the Assembly welcomed the

Declaration and the Programme of Action

adopted by the World Conference was adopted

by separate recorded votes in both the Third

Committee and in the plenary meeting: in Com-

mittee, at the request of Israel, by 97 votes to 21,

with 10 abstentions; in plenary meeting by 98

votes to 21, with 16 abstentions.

In the Third Committee, the draft resolution,

proposed by Angola, Bulgaria, Burundi, Cuba,

Djibouti, Egypt, Ethiopia, the German Demo-

cratic Republic, Ghana, Guyana, Haiti, Hungary,

India, Iraq, Madagascar, Mongolia, Nigeria, So-

malia, the Syrian Arab Republic, the United Re-

public of Tanzania, and Yugoslavia, was ap-

proved on 24 October by a recorded vote of 108

to 0, with 29 abstentions. (For voting details and

text of resolution, see DOCUMENTARY REFERENCES

below.)

Speaking in explanation of vote, Australia,

Canada, the Federal Republic of Germany (on

behalf of the members of the European Commu-

nity), New Zealand, Portugal and the United

States indicated that their abstentions resulted

from legal difficulties they had with regard to the

Convention.

Argentina, Burma, Chile, Greece, Guatemala,

Honduras, Mexico and Turkey, although voting

in favour, maintained their reservations with re-

gard to the reference to the World Conference.

Canada, Israel, New Zealand, Uruguay and the

European Community also said that they could

not accept the wording of that reference.

In addition, the United States considered that

the call for United Nations organs to provide in-

formation for the list of those responsible for

crimes enumerated in the Convention would lead

to the further politicization of United Nations

agencies.

By another action, taken on 24 January 1979

by resolution 33/183 L, the Assembly appealed to

all States which had not done so to accede to the

Convention. (For further details, see p. 200; for

text of resolution, refer to INDEX OF RESOLUTIONSAND DECISIONS.)

As at 31 December 1978, the Convention had

been ratified or acceded to by 49 States: Benin,

Bulgaria, Burundi, the Byelorussian SSR, Chad,

Cuba, Czechoslovakia, Ecuador, Egypt, Ethiopia,

the Gambia, the German Democratic Republic,

Ghana, Guinea, Guyana, Haiti, Hungary, India,

Iraq, Jamaica, Kuwait, Liberia, the Libyan Arab

Jamahiriya, Madagascar, Mali, Mongolia, Nepal,

the Niger, Nigeria, Panama, Peru, the Philip-

pines, Poland, Qatar, Romania, Senegal, Sey-

chelles, Somalia, the Sudan, the Syrian Arab Re-

public, Tunisia, the Ukrainian SSR, the USSR,

the United Arab Emirates, the United Republic

of Cameroon, the United Republic of Tanzania,

the Upper Volta, Yugoslavia and Zaire.

Adverse effects on human rightsresulting from aid to colonialand racist régimes in southern Africa


mission on Human Rights considered a report on

the adverse consequences for the enjoyment of

human rights of political, military, economic and

other forms of assistance to colonial and racist

régimes in southern Africa, prepared by Ahmed

Mohamed Khalifa (Egypt), Special Rapporteur of

the Sub-Commission on Prevention of Discrimi-

nation and Protection of Minorities. The report

concluded that increasing assistance to those


régimes had been accompanied by a decrease in

the realization of human rights for black Africans

and a worsening of their economic condition.

By a resolution on the question, the Commis-

sion requested the Special Rapporteur to update

his report as necessary before its submission to

the General Assembly at its 1978 regular session,

taking into account the recent comments and sug-

gestions made in the Commission and in the Sub-

Commission at its 1977 session. The Commission

noted that the Sub-Commission at that session

had invited the Special Rapporteur to prepare

material for a provisional general list identifying

those whose activities constituted assistance to the

colonial and racist régimes in southern Africa.

On 5 May 1978, on the recommendation of its

Second (Social) Committee—which on 27 April

had approved without objection a text submitted

by the Commission—the Economic and Social

Council adopted without vote decision 1978/22,

thereby endorsing the Commission's recommen-

dation that the Special Rapporteur be invited to

present his report to the Assembly at its forth-

coming session and attend the meetings at which

it was discussed, and endorsing the recommenda-

tion that the report be printed in its final form

and given wide distribution. (For text of decision,


On 13 September 1978, the Sub-Commission

expressed its gratitude to the Special Rapporteur

for his report, especially the annexed provisional

list identifying the individuals, institutions, in-

cluding banks, and other organizations or groups,

as well as representatives of States, whose activi-

ties constituted any form of assistance to the colo-

nial and racist régimes in southern Africa, and

referred the report to the Commission for consid-

eration. In particular it sought the Commission's

guidance on the interpretation of the words

"identifying" and "representatives of States" with

reference to the list. It invited the Secretary-

General to communicate the report, after revi-

sion, to the Governments of the countries men-

tioned in the provisional general list and to

request their comments, and invited the Special

Rapporteur to present a final version in 1979.

At its 1978 session, the General Assembly fur-

ther expressed concern at efforts made by the

apartheid régime of South Africa to acquire nu-

clear weapons. On 29 November, it adopted a

resolution by which, among other things, it reaf-

firmed the inalienable right of the oppressed

peoples of southern Africa to self-determination,

independence and the enjoyment of the natural

resources of their territories, including their right

to dispose of those resources and obtain just repa-

ration for their exploitation, depletion, loss or de-

preciation or for the exploitation and abuse of

their human resources.

The Assembly vigorously condemned the poli-

cies of maintaining the economic interests of cer-

tain Western and other States, as well as the activ-

ities of multinational corporations, and the

increasing collaboration by some of those States

and corporations with the racist régimes in south-

ern Africa, especially in the political, economic,

military and nuclear fields, which impeded the

enjoyment of human rights of the oppressed peo-

ple there.

Reaffirming that States which assisted those

régimes became accomplices in the inhuman

practices of racial discrimination, colonialism and

apartheid, the Assembly requested the Security

Council to adopt binding decisions to prohibit all

collaboration with South Africa in the nuclearfield, and to take effective measures to prevent

the apartheid régime from acquiring nuclear

weapons. It appealed to all States scrupulously to

observe the sanctions imposed by the United Na-

tions on the illegal minority régime in Southern

Rhodesia and the arms embargo imposed in

1977.20

The Assembly also: appealed to all States, the

specialized agencies and non-governmental or-

ganizations to extend all possible co-operation to

the liberation movements of southern Africa rec-

ognized by the United Nations and the Organiza-

tion of African Unity; expressed its appreciation

for the updated report of the Sub-Commission's

Special Rapporteur; asked the Human Rights

Commission to give priority to consideration of

that report; and requested the Secretary-General

to have it printed and widely circulated.



ommendation of the Third Committee, where, on

16 November, the text, sponsored by 28 powers,

was approved by 100 votes to 7, with 20 absten-

tions. (For voting details, list of sponsors and text

of resolution, see DOCUMENTARY REFERENCES be-

low.)

Reservations at the time of the vote were made

mainly in the Third Committee.

Canada said that it could not accept the impli-

cation in a preambular paragraph that the main-

tenance of diplomatic relations with South Africa

was a violation of the purposes and principles of

the Charter of the United Nations; along with

Ireland and the Netherlands, it also could not ac-

cept the singling out of Western economic inter-

ests for condemnation as agents of collaboration

in racist policies.

France said that it was incorrect to assert that

the intention and consequences of maintaining

relations with South Africa was to permit that

country to persist in its apartheid policy; more-

20 Ibid., p. 161, resolution 418(1977) of 4 November 1977.


over, the policy recommended in the text was not

the most appropriate for the interests that it set

out to defend.

The United Kingdom rejected the approach

and conclusions of the Special Rapporteur's re-

port, which it said lacked objectivity, and consid-

ered that economic relations were not incompati-

ble wi th , and were in fact being used for, the

promotion of peaceful change in South Africa.

Belgium felt that the text contained several un-

justified statements and endorsed baseless conclu-

sions. Among others questioning the objectivity of

the report were Canada, Greece, the Netherlands

and the United States.

Ireland and the Netherlands were opposed to a

preambular paragraph expressing the Assembly's

conviction that the report contained evidence that

aid to the régimes in southern Africa was the ma-

jor factor in the perpetuation of those regimes'

policies.

Italy could not accept the content of the opera-

tive provisions referring to resources, condemna-

tion for maintaining economic interests, linking

aid-giving to becoming accomplices, the request

to the Security Council and appreciation of the

report. Israel and the United States considered

those provisions, among others, unacceptable, in-

cluding the paragraph containing an appeal for

co-operation with liberation movements.

Bolivia, Brazil, Chile, Costa Rica, Italy, Mexico,

Turkey and Uruguay disagreed with the lan-

guage of some of the provisions as unusua l ly

strong or going beyond what might be justified by

facts.

International Anti-Apartheid YearOn 14 December 1977, the General Assembly

proclaimed the year beginning 21 March 1978

International Anti-Apartheid Year.21

At its 1978 session, the Commission on Human

Rights decided to participate actively in the

launching of the Year. As a result, its Chairman

attended a formal meeting on 21 March, at the

United Nations Office at Geneva, which the Com-

mission had asked the Secretary-General to orga-

nize to launch the Year.

On 24 January 1979, by resolutions 33/183 I

and 33/183 J, the Assembly: commended the

United Nations Educational, Scientific and Cul-

tural Organization, the International Labour Or-

ganisation, the World Health Organization, the

Food and Agriculture Organization of the United

Nations and the United Nations High Commis-

sioner for Refugees for intensifying their activi-

ties for the dissemination of information on apart-

heid in connexion with the Year, and asked all

Governments and organizations to co-operate in

helping to disseminate such information as widely

as possible; authorized the Special Committee

against Apartheid, inter alia, to send missions to

Member States and intergovernmental organiza-

tions to promote action against apartheid and ob-

servance of the Year, to intensify co-operation

with appropriate organizations, movements and

conferences concerned with apartheid, and to pro-

mote assistance to the oppressed people of South

Africa and their liberation movements; and de-

cided that funds allocated to the Year from theUnited Nations budget would be available for

special projects connected with the Year until the

end of 1979.(For details, see pp. 199-200; for texts of reso-

lutions 33/183 I and 33/183 J, refer to INDEX OF

RESOLUTIONS AND DECISIONS.)

Ad Hoc Working Group ofExperts on southern Africa

Report of the Ad Hoc Working GroupAt its 1978 session, the Commission on Human

Rights considered a progress report submitted by

its Ad Hoc Working Group of Experts on south-

ern Africa, requested by the Commission in

1977,22

on policies and practices violating human

rights in South Africa, Namibia and Zimbabwe.

The report included information on infringe-

ments of trade union rights in South Africa, as

requested by the Economic and Social Council on13 May 1977

23 (see also p. 716).

The report, which did not contain conclusions

or recommendations, was prepared at a meeting

held in Geneva from 16 to 24 January 1978,

based on information, oral and written, from in-

dividuals and organizations gathered in Geneva

and London from 25 July to 3 August 1977.

On 22 February, the Commission adopted a

resolution by which it denounced the inhuman

treatment of the freedom fighters arrested in

South Africa and Zimbabwe and the ill-treatment

and deaths of prisoners in South Africa, Namibiaand Zimbabwe, and condemned the South Afri-

can authorities' criminal acts on children protest-

ing apartheid.

The Commission took note of the list of per-

sons in the Working Group's report who were

suspected of having been guilty in Namibia of the

crime of apartheid or of a serious violation of hu-

man rights and requested the Secretary-General

to bring the list to the attention of States and

competent United Nations bodies.

Symposium in southern AfricaOn 22 February, the Commission decided to

request the Secretary-General to arrange for a

21 Ibid., p. 164, resolution 32/105 B.22 Ibid., p. 687.23 Ibid., p. 726, decision 236(LXII).


symposium to be held in July 1978 in Lesotho on

the economic and cultural exploitation of blacks

in South Africa and Namibia and on prison con-

ditions in South African gaols.

On the basis of a text submitted by the Com-

mission, and on the recommendation of the Sec-

ond Committee—which approved the text with-

out objection on 27 April—the Economic and

Social Council by decision 1978/25 endorsed with-

out vote on 5 May the Commission's decision tohold the symposium (see DOCUMENTARY REFER-ENCES below).

The symposium was held at Maseru, Lesotho,

from 17 to 22 July 1978. It was attended by rep-resentatives of 19 States Members of the United

Nations, United Nations bodies, intergovern-

mental and non-governmental organizations, na-

tional liberation movements and South African

organizations, and by a number of former politi-

cal detainees and other individuals. A number

of conclusions and recommendations were

adopted unanimously by the symposium, includ-

ing recommendations that the international com-

munity should bring pressure to bear on theSouth African authorities to permit the Ad Hoc

Working Group of Experts to investigate prison

conditions in South Africa and Namibia, that the

Working Group should examine new legislation

of the apartheid régime and assess its effect, and

that United Nations information services should

give publicity to its report.

Other related decisionsAt its 1978 session, the Sub-Commission on

Prevention of Discrimination and Protection of

Minorities drew attention to the first anniversary

of the death of Steven Biko and decided, on 15

September, to send a telegram to the Govern-

ment of South Africa asking for the immediate

release of recently detained members of his fam-

ily and for a new impartial investigation of his

death.


Status of the International Conventionon the Suppression andPunishment of the Crime of ApartheidE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters IV, XIIand XXVI A (resolution 5(XXXIV), para. 7, and resolution7(XXXIV)) and Annex III.

E/CN.4/1286. Report of Group of Three Established under Con-vention on Suppression and Punishment of Crime of Apartheid,Geneva, 30 January-3 February 1978.

General Assembly—33rd sessionThird Committee, meetings 13-22, 24-29.Plenary meeting 86.


A/33/148. Report of Secretary-General.A/C.3/33/L.14. Angola, Bulgaria, Burundi, Cuba, Djibouti, Egypt,

Ethiopia, German Democratic Republic, Ghana, Guyana, Haiti,Hungary, India, Iraq, Madagascar, Mongolia, Nigeria, Somalia,Syrian Arab Republic, United Republic of Tanzania, Yugo-slavia: draft resolution, as corrected by Third Committee Chair-man and as orally amended by sponsors, approved by ThirdCommittee on 24 October 1978, meeting 28, by recorded voteof 108 to 0, with 29 abstentions, as follows:

In favour:* Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Bulgaria, Burma, Burundi, Byelorussian SSR, CapeVerde, Central African Empire, Chad, Chile, China, Colombia,Comoros, Costa Rica, Cuba, Cyprus, Czechoslovakia, Demo-cratic Kampuchea, Democratic Yemen, Djibouti, DominicanRepublic, Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Gabon,German Democratic Republic, Ghana, Greece, Guatemala,Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, In-dia, Indonesia, Iran, Iraq, Jamaica, Jordan, Kenya, Kuwait, LaoPeople's Democratic Republic, Lebanon, Lesotho, Liberia, Lib-yan Arab Jamahiriya, Madagascar, Malaysia, Maldives, Mali,Mauritania, Mexico, Mongolia, Morocco, Mozambique, Nepal,Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Peru,Philippines, Poland, Qatar, Romania, Rwanda, Sao Tome andPríncipe, Saudi Arabia, Senegal, Sierra Leone, Singapore, So-

malia, Sri Lanka, Sudan, Suriname, Syrian Arab Republic,Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Arab Emirates, UnitedRepublic of Cameroon, United Republic of Tanzania, UpperVolta, Venezuela, Viet Nam, Yugoslavia, Zaire, Zambia

Against: NoneAbstaining: Australia, Austria, Bahamas, Belgium, Canada,

Denmark, Finland, France, Germany, Federal Republic of, Ice-land, Ireland, Israel, Italy, Ivory Coast, Japan, Luxembourg,Malawi, Netherlands, New Zealand, Nicaragua, Norway, Pan-ama, Portugal, Spain, Swaziland, Sweden, United Kingdom,United States, Uruguay.

*Subsequently the Congo noted that its vote in favour had notbeen recorded.

A/33/381. Report of Third Committee, draft resolution III.


In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Bulgaria, Burma, Burundi, Byelorussian SSR, CapeVerde, Central African Empire, Chad, Chile, China, Colombia,Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Demo-cratic Yemen, Djibouti, Dominican Republic, Ecuador, Egypt,Equatorial Guinea, Ethiopia, Fiji, German Democratic Republic,Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana,Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Jamaica,Jordan, Kenya, Kuwait, Lao People's Democratic Republic, Le-sotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malaysia,Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Mongolia,Morocco, Mozambique, Nepal, Niger, Nigeria, Oman, Pakistan,Panama, Papua New Guinea, Peru, Philippines, Poland, Qatar,Romania, Rwanda, Samoa, Sao Tome and Principe, SaudiArabia, Senegal, Sierra Leone, Singapore, Somalia, Sri Lanka,Sudan, Suriname, Syrian Arab Republic, Thailand, Togo, Trini-dad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR,USSR, United Arab Emirates, United Republic of Cameroon,United Republic of Tanzania, Venezuela, Viet Nam, Yemen,Yugoslavia, Zaire, Zambia

Against: None


Abstaining: Australia, Austria, Bahamas, Belgium, Canada,Denmark, El Salvador, Finland, France, Gabon, Germany, Fed-eral Republic of, Iceland, Ireland, Israel, Italy, Ivory Coast, Ja-pan, Luxembourg, Malawi, Netherlands, New Zealand, Norway,Paraguay, Portugal, Spain, Swaziland, Sweden, United King-dom, United States, Uruguay.

The General Assembly,Recalling its resolution 3068(XXVIII) of 30 November 1973, by

which it adopted and opened for signature and ratification the In-ternational Convention on the Suppression and Punishment ofthe Crime of Apartheid, and its resolutions 3380(XXX) of 10 No-vember 1975, 31/80 of 13 December 1976 and 32/12 of 7 No-vember 1977 as well as Commission on Human Rights resolu-tions 13(XXXIII) of 11 March 1977 and 7(XXXIV) of 22 February1978, III.

Welcoming the Declaration and the Programme of Actionadopted by the World Conference to Combat Racism and RacialDiscrimination,

Reaffirming its firm conviction that apartheid constitutes a totalnegation of the purposes and principles of the Charter of theUnited Nations and is a gross violation of human rights and acrime against humanity seriously disturbing and threatening inter-national peace and security,

Underlining that ratification of and accession to the Conventionon a universal basis and implementation of its provisions are nec-essary for its effectiveness and would be a useful contribution to-wards implementing the programme for the International Anti-Apartheid Year and achieving the goals of the Decade for Actionto Combat Racism and Racial Discrimination,

Welcoming Security Council resolution 418(1977) of 4 Novem-ber 1977 as a useful step towards achieving the purposes of theConvention,

Firmly convinced that the legitimate struggle of the oppressedpeoples in southern Africa against apartheid, colonialism and ra-cial discrimination and for the effective realization of their inalien-able and legitimate rights, including their right to self-determination, and for human rights, thirty years after theadoption of the Universal Declaration of Human Rights, demandsmore than ever all necessary support by the international commu-nity, and, in particular, further action by the Security Council,

1. Takes note of the report of the Secretary-General on thestatus of the International Convention on the Suppression andPunishment of the Crime of Apartheid;

2. Expresses its satisfaction with the increase in the number ofStates which have ratified the Convention or acceded thereto;

3. Commends the States parties to the Convention that havesubmitted their reports under article VII of the Convention andurges other States to do so as soon as possible, taking fully intoaccount the guidelines prepared by the Working Group on the Im-plementation of the International Convention on the Suppressionand Punishment of the Crime of Apartheid established in accord-ance with article IX of the Convention;

4. Appeals once again to all States which have not yet be-come parties to the Convention to ratify it or accede to it withoutdelay;

5. Welcomes the efforts of the Commission on Human Rightsto undertake the functions set out in article X of the Conventionand invites the Commission to continue its efforts, especially witha view to preparing a list of individuals, organizations, institutionsand representatives of States which are alleged to be responsiblefor crimes enumerated in article II of the Convention, as well as ofthose against which legal proceedings have been undertaken;

6. Calls upon the competent United Nations organs to providethe Commission on Human Rights, through the Secretary-General, with information relevant to the preparation of theabove-mentioned list according to article X of the Convention aswell as with information concerning the obstacles which preventthe effective suppression and punishment of the crime of apart-heid;

7. Requests the Secretary-General to include in his next an-nual reports under General Assembly resolution 3380(XXX) aspecial section concerning the implementation of the Convention.,

Adverse effects on human rightsresulting from aid to colonialand racist régimes in southern Africa

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 13-16, 19, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters V andXXVI A (resolution 6(XXXIV)) and Annex III.

E/1978/34, Chapter I B. Draft decision 3, as submitted by Com-mission for adoption by Economic and Social Council, ap-proved without objection by Second Committee on 27 April1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft decision

Decision 1978/22, as recommended by Second Committee, E/1978/63, adopted without vote by Council on 5 May 1978,meeting 15.

At its 15th plenary meeting, on 5 May 1978, the Council ap-proved:

(a) The recommendation made by the Commission on HumanRights in paragraph 4 of its resolution 6(XXXIV) that the SpecialRapporteur of the Sub-Commission on Prevention of Discrimina-tion and Protection of Minorities for the study on the adverse con-sequences for the enjoyment of human rights of political, military,economic and other forms of assistance given to colonial and rac-ist régimes in southern Africa should be invited to present his re-port to the General Assembly at its thirty-third session and to at-tend the meetings of the Assembly at which it is discussed;

(b) The recommendation made by the Commission on HumanRights in paragraph 3 of its resolution 6(XXXIV) that the report ofthe Special Rapporteur for the study on the adverse conse-quences for the enjoyment of human rights of political, military,economic and other forms of assistance given to colonial and rac-ist régimes in southern Africa should be printed in its final formand given wide distribution.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters IV and XVII(resolution 2(XXXI)) and Annex II.

E/1978/140. Summary of estimates of programme budget impli-cations of resolutions and decisions adopted by Economicand Social Council during its first and 2nd regular sessions,1978. Report of Secretary-General.

General Assembly—33rd sessionThird Committee, meetings 20, 22-30, 41, 42, 49.Plenary meeting 63.

Assistance to Racist Régimes in Southern Africa: Impact on theEnjoyment of Human Rights. By Ahmed M. Khalifa, SpecialRapporteur of the Sub-Commission on Prevention of Discrimi-nation and Protection of Minorities (E/CN.4/Sub.2/383/Rev.2).U.N.P. Sales No.: E.79.XIV.3.


A/33/269. Note by Secretary-General.A/C.3/33/L.22. Algeria, Angola, Bangladesh, Benin, Burundi,

Congo, Djibouti, Egypt, Ghana, Haiti, India, Jamaica, Kenya,Lesotho, Libyan Arab Jamahiriya, Madagascar, Mali, Mozam-bique, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Su-dan, Tunisia, United Republic of Tanzania, Yugoslavia, Zaire,Zambia: draft resolution, as orally amended by sponsors, ap-proved by Third Committee on 16 November 1978, meeting 49,by 100 votes to 7, with 20 abstentions.



Resolution 33/23, as recommended by Third Committee, A/33/383, adopted by Assembly on 29 November 1978, meeting 63,by recorded vote of 100 to 7, with 22 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bo-livia, Botswana, Brazil, Bulgaria, Burma, Burundi, ByelorussianSSR, Cape Verde, Central African Empire, Chile, China, Co-lombia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia,Democratic Yemen, Dominican Republic, Ecuador, Egypt,Equatorial Guinea, Ethiopia, Fiji, Gabon, German DemocraticRepublic, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Hungary, India, Indonesia, Iraq, Jamaica, Jor-dan, Kenya, Kuwait, Lao People's Democratic Republic, Leba-non, Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia,Maldives, Mali, Mauritania, Mexico, Mongolia, Morocco, Mo-zambique, Oman, Panama, Papua New Guinea, Peru, Philip-pines, Poland, Qatar, Romania, Rwanda, Samoa, Saudi Ara-bia, Senegal, Singapore, Somalia, Sri Lanka, Sudan,Suriname, Swaziland, Syrian Arab Republic, Thailand, Togo,Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR,USSR, United Arab Emirates, United Republic of Cameroon,United Republic of Tanzania, Upper Volta, Uruguay, Venezu-ela, Viet Nam, Yugoslavia, Zambia

Against: Belgium, France, Germany, Federal Republic of, Is-rael, Luxembourg, United Kingdom, United States

Abstaining: Australia, Austria, Canada, Denmark, El Salva-dor, Finland, Greece, Honduras, Iceland, Ireland, Italy, IvoryCoast,* Japan, Liberia,* Nepal, Netherlands, New Zealand,Nicaragua, Norway, Portugal, Spain, Sweden.

*Subsequently the Ivory Coast and Liberia advised the Secre-tariat that they had intended to vote in favour.

The General Assembly,Recalling its resolutions 3382(XXX) and 3383(XXX) of 10 No-

vember 1975 and 31/33 of 30 November 1976,Recalling also its resolutions 3201(S-VI) and 3202(S-VI) of 1

May 1974, containing the Declaration and the Programme ofAction on the Establishment of a New International Economic Or-der, and its resolution 3281(XXIX) of 12 December 1974, contain-ing the Charter of Economic Rights and Duties of States,

Mindful of its resolution 3171(XXVIII) of 17 December 1973 re-lating to permanent sovereignty over natural resources of bothdeveloping countries and territories under colonial and foreigndomination or subjected to the apartheid regime,

Bearing in mind resolutions 7(XXXIII) of 4 March 1977 and6(XXXIV) of 22 February 1978 of the Commission on HumanRights,

Having taken note of the report prepared and brought up todate by the Special Rapporteur on the adverse consequences forthe enjoyment of human rights of political, military, economic andother forms of assistance given to colonial and racist régimes insouthern Africa,

Convinced that the above-mentioned report contains additionalevidence enabling the General Assembly to conclude that the po-litical, military, economic and other forms of assistance given tothe racist and colonialist régimes in South Africa and SouthernRhodesia by certain States is the major factor in the perpetuationof the abominable policies of these régimes inasmuch as they ad-versely affect the human rights and fundamental freedoms of theoppressed peoples of southern Africa,

Taking note of resolution 2(XXXI) of 13 September 1978 of theSub-Commission on Prevention of Discrimination and Protectionof Minorities,

Noting further that the maintenance by certain States of politi-cal, economic, military and other relations with the racist régimeof South Africa is in flagrant and deliberate violation of the pur-poses and principles of the Charter and the relevant resolutionsof the United Nations,

Convinced that the continued military and nuclear co-operationof certain States and organizations with the racist régime ofSouth Africa constitutes a serious threat not only to the op-pressed peoples of southern Africa, but also to all African States

and particularly to the independence of the front-line States, andto international peace and security,

Regretting that the Security Council has not been in a positionto take binding decisions to prevent any collaboration in the nu-clear field with South Africa,

Also concerned at the frantic efforts made by the apartheidrégime of South Africa to acquire nuclear weapons,

1. Reaffirms the inalienable right of the oppressed peoples ofsouthern Africa to self-determination, independence and the en-joyment of the natural resources of their territories;

2. Again reaffirms the right of those same peoples to disposeof those resources for their greater well-being and to obtain justreparation for the exploitation, depletion, loss or depreciation ofthose natural resources, including reparations for the exploitationand abuse of their human resources;

3. Vigorously condemns the policies of maintaining the eco-nomic interests of certain Western and other States, as well asthe activities of multinational corporations, and the increasing col-laboration by some of those States and multinational corporationswith the racist régimes in southern Africa, especially in the politi-cal, economic, military and nuclear fields, which impedes the en-joyment of human rights of the oppressed peoples of southern Af-rica;

4. Reaffirms once again that the States which give assistanceto the colonial and racist régimes in southern Africa become ac-complices in the inhuman practices of racial discrimination, colo-nialism and apartheid perpetrated by those régimes;

5. Requests the Security Council finally to adopt binding deci-sions to prohibit all collaboration with South Africa in the nuclearfield, and to take effective measures to prevent the apartheidrégime from acquiring nuclear weapons;

6. Appeals to all States scrupulously to observe the sanctionsimposed by the United Nations on the illegal minority régime inSouthern Rhodesia and the arms embargo imposed by the Secu-rity Council under its resolution 418(1977) of 4 November 1977;

7. Appeals to all States, the specialized agencies and non-governmental organizations to extend all possible co-operation tothe liberation movements of southern Africa recognized by theUnited Nations and the Organization of African Unity;

8. Expresses its appreciation for the updated report submittedby the Special Rapporteur;

9. Invites the Commission on Human Rights to give priority atits thirty-fifth session to consideration of the above-mentioned re-port prepared in pursuance of resolution 2(XXXI) of the Sub-Commission on Prevention of Discrimination and Protection ofMinorities;

10. Requests the Secretary-General to have the above-mentioned report of the Special Rapporteur printed, to arrange forits widest possible dissemination and to transmit it to the SpecialCommittee against Apartheid, the United Nations Council forNamibia and other bodies concerned within the United Nationssystem;

11. Decides to consider this item at its thirty-fifth session as amatter of high priority in the light of any recommendations whichthe Sub-Commission on Prevention of Discrimination and Protec-tion of Minorities, the Commission on Human Rights, the Eco-nomic and Social Council and the Special Committee againstApartheid may wish to submit to it.

International Anti-Apartheid YearE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters IV andXXVI A (resolution 4(XXXIV)) and Annex III.

Ad Hoc Working Group ofExperts on southern Africa

REPORT OF AD HOC WORKING GROUPE/CN.4/1270. Progress report of Ad Hoc Working Group of Ex-

perts of Commission on Human Rights prepared in accordancewith Commission resolution 6(XXXIII) of 4 March 1977 andEconomic and Social Council decision 236(LXII) of 13 May1977.


E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters IV andXXVI A (resolution 5(XXXIV)).

SYMPOSIUM IN SOUTHERN AFRICA

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10-17, 19, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Chapters IV and XXVI B (decision 2(XXXIV)) and An-nex III.

E/1978/34, Chapter I B. Draft decision 7, as submitted by Com-mission for adoption by Economic and Social Council, ap-proved without objection by Second Committee on 27 April1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft decisionVI.

Decision 1978/25, approving decision taken by Commission onHuman Rights, in its decision 2(XXXIV) of 22 February 1978, tohold symposium described therein in July 1978, as recom-mended by Second Committee, E/1978/63, adopted withoutvote by Council on 5 May 1978, meeting 15.

E/1978/140. Summary of estimates of programme budget impli-cations of resolutions and decisions adopted by Economic andSocial Council during its first and 2nd regular sessions, 1978.Report of Secretary-General.

ST/HR/SER.A/1. Symposium on exploitation of blacks in South Af-rica and Namibia and on prison conditions in South Africanjails, Maseru, Lesotho, 17-22 July 1978.

Other related decisionsE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters XIV and XVIIB (decision 7).

Other matters concerning prevention of discrimination and protection of minorities

Elimination of religious intoleranceAt its February/March 1978 session, the Com-

mission on Human Rights, through an informal

working group open to all its members, contin-

ued work on a draft declaration on the elimina-

tion of all forms of intolerance and discrimina-

tion based on religion or belief, requested by the

General Assembly in 1974.24 Agreement having

been reached on the text of the preamble in

1977, discussion focused on the first article of the

draft declaration but no text was approved.

Taking note of the report of the working

group on 8 March, the Commission suggested

that States Members of the United Nations and

members of intergovernmental and non-

governmental organizations having views on the

draft declaration might submit those views for the

consideration of the working group at the

Commission's 1979 session.

On 16 December 1978, the General Assembly,

on the recommendation of its Third (Social, Hu-

manitarian and Cultural) Committee, adopted a

resolution by which the Assembly, inter alia, noted

with regret that the Commission had reported

through the Economic and Social Council that it

had not completed the draft declaration, and

noted the efforts undertaken by the

Commission's working group in elaborating a

generally acceptable text, taking into account the

relevant United Nations documents.

The Assembly requested the Commission to

give high priority at its 1979 session to the draft-

ing of the declaration, instructing its working

group to set a timetable for full consideration of

the remaining articles, and to submit a single

draft declaration to the Assembly at its 1979 reg-

ular session, when it would give the item high pri-

ority in its agenda. It requested the Secretary-

General to make available to the Commission the

provisions of existing international instruments

relating to the problem of religious intolerance.

Resolution 33/106 was adopted by a recorded

vote of 118 to 0, with 21 abstentions. In the ThirdCommittee, the text was proposed by Australia,

Austria, Canada, Colombia, Costa Rica, the Do-

minican Republic, France, the Federal Republic

of Germany, Ghana, Honduras, Ireland, Italy, Ja-

maica, Lesotho, the Netherlands, Nigeria, Nor-

way, Samoa, Suriname, Sweden, the United King-

dom, the United States, Uruguay and Venezuela.

The Ukrainian SSR submitted an amendment to

add a preambular paragraph noting the group's

efforts in elaborating a generally acceptable text;

the amendment was approved by a recorded vote,

requested by the Netherlands, of 45 to 42, with

38 abstentions.

A number of amendments were rejected by

separate recorded votes, requested by Egypt and

the Netherlands, as follows: an oral amendment

proposed by the German Democratic Republic, to

delete the words "with regret" from the preambu-

lar paragraph whereby the Assembly noted with

regret that the Commission had reported that it

had not completed the draft declaration (rejected

by 39 votes in favour to 46 against, with 39 ab-

stentions); amendments proposed by Viet Nam

whereby the Assembly would have requested the

Commission to give due attention (rather thanhigh priority) in 1979 to the drafting of the decla-

ration (rejected by 38 votes in favour to 50

against, with 36 abstentions) and to the effect that

the Assembly would have included the item in its1979 provisional agenda but without reference to

priority (rejected by 38 votes in favour to 50

against, with 37 abstentions); an oral proposal by

Hungary to delete the paragraph whereby the

Assembly requested that a timetable be set for full

consideration of the remaining articles of the

24 See Y.U.N., 1974, p. 629, resolution 3267(XXIX) of 10 December1974.


draft (rejected by 36 votes in favour to 51 against,

with 37 abstentions); and an amendment pro-

posed by the Ukrainian SSR to add the words

"when completed" to the request for a singledraft declaration in 1979 (rejected by 42 votes in

favour to 45 against, with 39 abstentions).

The text as a whole, as amended, was approved

by the Third Committee on 5 December by a re-

corded vote, requested by the Netherlands, of

104 to 0, with 25 abstentions. (For voting details

and text of resolution, see DOCUMENTARY REFER-ENCES below.)


Elimination of religious intoleranceE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters XIVand XXVI A (resolution 22(XXXIV)).

General Assembly—33rd sessionThird Committee, meetings 42, 60-64, 66, 67.Plenary meeting 86.

A/33/160. Note by Secretary-General.A/C.3/33/L.54. Australia, Austria, Canada, Colombia, Costa Rica,

Dominican Republic, France, Germany, Federal Republic of,Ghana, Honduras, Ireland, Italy, Jamaica, Lesotho, Nether-lands, Nigeria, Norway, Samoa, Suriname, Sweden, UnitedKingdom, United States, Uruguay, Venezuela: draft resolution,as amended by Ukrainian SSR (A/C.3/33/L.68, para. 1), ap-proved by Third Committee on 5 December 1978, meeting 67,by recorded vote of 104 to 0, with 25 abstentions, as follows:

In favour: Argentina, Australia, Austria, Bahamas, Bahrain,Bangladesh, Barbados, Belgium, Bolivia, Botswana, Brazil,Burma, Canada, Central African Empire, Chad, Chile, Colom-bia, Costa Rica, Cyprus, Denmark, Djibouti, Dominican Repub-lic, Ecuador, Egypt, Fiji, Finland, France, Gabon, Germany,Federal Republic of, Ghana, Greece, Guatemala, Guinea, Guy-ana, Honduras, Iceland, Indonesia, Iran, Iraq, Ireland, Israel, It-aly, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait, Le-sotho, Liberia, Libyan Arab Jamahiriya, Luxembourg,Madagascar, Malaysia, Maldives, Mali, Mauritania, Mexico,Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Niger,Nigeria, Norway, Oman, Pakistan, Panama, Papua NewGuinea, Paraguay, Peru, Philippines, Portugal, Qatar, Rwanda,Senegal, Singapore, Somalia, Spain, Sri Lanka, Sudan, Suri-name, Swaziland, Sweden, Syrian Arab Republic, Thailand,Togo, Trinidad and Tobago, Tunisia, Turkey, United Arab Emir-ates, United Kingdom, United Republic of Cameroon, UnitedRepublic of Tanzania, United States, Upper Volta, Uruguay,Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia

Against: NoneAbstaining: Afghanistan, Algeria, Angola, Benin, Bulgaria,

Burundi, Byelorussian SSR, Congo, Cuba, Czechoslovakia,Democratic Yemen, Ethiopia, German Democratic Republic,Guinea-Bissau, Hungary, India, Mongolia, Mozambique, Po-land, Romania, Sao Tome and Principe, Saudi Arabia, Uganda,Ukrainian SSR, USSR.

A/C.3/33/L.67. Viet Nam: amendments to 24-power draft resolu-tion, A/C.3/33/L.54.

A/C.3/33/L.68. Ukrainian SSR: amendments to 24-power draftresolution, A/C.3/33/L.54.



In favour: Argentina, Australia, Austria, Bahamas, Bahrain,Bangladesh, Barbados, Belgium, Benin, Bolivia, Botswana,Brazil, Burma, Canada, Cape Verde, Central African Empire,Chad, Chile, Colombia, Comoros, Costa Rica, Cyprus, Den-mark, Djibouti, Dominican Republic, Ecuador, Egypt, El Salva-dor, Ethiopia, Fiji, Finland, France, Gabon, Germany, FederalRepublic of, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Iceland, India, Indonesia,

Iran, Iraq, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan,Jordan, Kenya, Kuwait, Lesotho, Liberia, Libyan Arab Jamahi-riya, Luxembourg, Madagascar, Malawi, Malaysia, Maldives,Mali, Malta, Mauritania, Mauritius, Mexico, Morocco, Nepal,Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway,Oman, Pakistan, Panama, Papua New Guinea, Paraguay,Peru, Philippines, Portugal, Qatar, Rwanda, Samoa, Saudi Ara-bia, Senegal, Sierra Leone, Singapore, Somalia, Spain, SriLanka, Sudan, Suriname, Swaziland, Sweden, Syrian Arab Re-public, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, United Arab Emirates, United Kingdom, United Re-public of Cameroon, United Republic of Tanzania, UnitedStates, Uruguay, Venezuela, Viet Nam, Yemen, Yugoslavia,Zaire, Zambia

Against: NoneAbstaining: Afghanistan, Algeria, Angola, Bulgaria, Burundi,

Byelorussian SSR, Congo, Cuba, Czechoslovakia, DemocraticYemen, Equatorial Guinea, German Democratic Republic,Hungary, Lao People's Democratic Republic, Mongolia, Mo-zambique, Poland, Romania, Sao Tome and Principe, Ukrain-ian SSR, USSR.

The General Assembly,Recalling article 18 of the Universal Declaration of Human

Rights, proclaiming that everyone has the right to freedom ofthought, conscience and religion,

Noting that during the thirty years of its existence many por-tions of the Declaration have been expanded into various interna-tional instruments, while article 18 has thus far not been so elabo-rated,

Still desirous to see article 18 followed by a declaration on theelimination of all forms of religious intolerance,

Recalling its resolution 3027(XXVII) of 18 December 1972, inwhich it decided to accord priority to the completion of the Decla-ration on the Elimination of All Forms of Religious Intolerance be-fore resuming consideration of the draft international conventionon this subject,

Recalling also its resolution 3267(XXIX) of 10 December 1974,in which it requested the Commission on Human Rights to submitto the General Assembly, through the Economic and SocialCouncil, a single draft Declaration on the Elimination of All Formsof Intolerance and of Discrimination Based on Religion or Belief,and its resolutions 31/138 of 16 December 1976 and 32/143 of 16December 1977, in which it urged the Commission to speed upits work so that the Draft Declaration might be finalized,

Noting with regret that the Commission on Human Rights hasreported, through the Economic and Social Council, that it has asyet not completed the draft Declaration,

Noting further the efforts undertaken by the informal workinggroup set up by the Commission on Human Rights in elaboratinga generally acceptable text of the Declaration, taking into accountthe relevant United Nations documents,

Taking account of the fact that, since the Commission on Hu-man Rights has undertaken to draft the Declaration in responseto the request made to it in General Assembly resolution3267(XXIX), the informal working group set up by the Commis-sion at each of its sessions since 1974 has so far adopted the ti-tle and preamble of a draft Declaration,

1. Requests the Commission on Human Rights at its thirty-fifthsession to give high priority to the drafting of the Declaration onthe Elimination of All Forms of Intolerance and of DiscriminationBased on Religion or Belief and to strive towards completion ofthe draft Declaration at that session;


2. Requests the Secretary-General to make available to theCommission on Human Rights the provisions of existing interna-tional instruments which relate to the problem of religious intoler-ance;

3. Requests the Commission on Human Rights to instruct itsworking group which has been established to carry out this taskto set a timetable for a full consideration of the remaining articlesof the draft Declaration during the thirty-fifth session of the Com-mission;

4. Requests the Commission on Human Rights to submit tothe General Assembly at its thirty-fourth session, through the Eco-nomic and Social Council, a single draft Declaration on the Elim-ination of AH Forms of Intolerance and of Discrimination Based onReligion or Belief;

5. Decides to include in the provisional agenda of its thirty-fourth session the item entitled "Elimination of all forms of reli-gious intolerance" and to give it high priority.

Violations of human rights and fundamental freedoms

Question of human rights in the occupied territories

During 1978, the question of the violation of hu-

man rights in the territories occupied by Israel as

a result of hostilities in the Middle East was again

considered by the Commission on Human Rights,

the Economic and Social Council, the General

Assembly's Special Committee to Investigate Is-

raeli Practices Affecting the Human Rights of the

Population of the Occupied Territories, and by

the General Assembly. Also during the year, the

Secretary-General received a number of com-

munications concerning the treatment of the civil-

ian population in the occupied territories (see p.

346).

Decisions of the Commission on Human RightsAt its session in February/March 1978, the

Commission on Human Rights adopted two reso-

lutions on the question of the violation of human

rights in the territories occupied as a result of

hostilities in the Middle East.

By the first resolution, the Commission ex-

pressed its grave anxiety and concern over the

deteriorating serious situation in the occupied

Arab territories as a result of continued Israeli oc-

cupation and aggression, particularly the intensi-

fication of the establishment of settler colonies

and the continued and increasing use of arbitrary

detention, torture and ill-treatment of Arab de-

tainees. It called upon Israel to take immediate

steps for the return to their homes of the Pales-

tinians and the other displaced inhabitants of the

occupied Arab territories.

Declaring that Israel's grave breaches of the

Geneva Convention relative to the Protection of

Civilian Persons in Time of War (the fourth Ge-

neva Convention) of 12 August 1949 were war

crimes and an affront to humanity, the Commis-

sion condemned the annexation of parts of the

occupied territories, the establishment of settler

colonies therein, the expulsion of the Arab inhab-

itants, the confiscation of their property, mass ar-

rests and the ill-treatment and torture of de-

tainees, interference with religious freedoms and

customs, and the illegal exploitation of the natu-

ral wealth and resources of the occupied territo-

ries. It further condemned the administrative

and legislative measures taken by Israel to ex-

pand the establishment of settler colonies in the

occupied territories.

Reaffirming that all measures taken to change

the physical character, demographic composition

and institutional structure or status of the occu-

pied territories, including Jerusalem, were null

and void and that Israel's settlement policies in

the occupied territories were a flagrant violation

of the fourth Geneva Convention and United Na-

tions resolutions, the Commission demanded that

Israel desist forthwith from these policies and

cease all acts of torture and ill-treatment of Arab

detainees and prisoners. It called on Israel to re-

lease all Arabs detained as a result of their strug-

gle for self-determination and to accord to them

pending release the protection accorded pris-

oners of war, and it renewed its request to the

Secretary-General for information on the de-

tainees.

The Commission again condemned the de-

struction of the Syrian city of Quneitra and reit-

erated its call upon all States, international organ-

izations and specialized agencies not to recognizeany changes carried out by Israel in the occupied

territories, and to avoid actions which might be

used by Israel in its pursuit of its policies. The

Commission called upon Israel to report to it in

1979 on the implementation of provisions of this

resolution. It requested the Secretary-General to

bring the resolution to the attention of all Gov-

ernments, competent United Nations organs, spe-

cialized agencies, regional intergovernmental or-

ganizations and international humanitarian

organizations, to give it the widest possible public-

ity and to bring to the Commission's attention all

United Nations reports dealing with the situation

of the civilians of the occupied Arab territories.

By the second resolution, the Commission ex-

pressed concern at the consequences of Israel's

refusal to apply the fourth Geneva Convention to

the occupied Arab territories, including Jerusa-

lem, reaffirmed that that Convention was applica-

ble thereto, and strongly deplored Israel's failure


to acknowledge its applicability. It called upon Is-rael to abide by and respect its obligations under

the Charter of the United Nations and interna-

tional law, in particular the Convention, and

urged all States parties to that Convention to ex-

ert all efforts to ensure respect for and compli-

ance with its provisions in the occupied territo-

ries.

By a further resolution, on the right of peoples

to self-determination and its application to peo-

ples under colonial or alien domination or for-

eign occupation, the Commission affirmed the in-

alienable right of the Palestinian people to

self-determination without external interference

and the establishment of a fully independent and

sovereign state in Palestine, and their right to re-

turn to their homes and property and to regain

their rights by all means in accordance with the

purposes and principles of the Charter. It urged

all States and international organizations to sup-

port the Palestinian people through their repre-

sentative, the Palestine Liberation Organization

(PLO). The Commission asked the Secretary-

General to make available to it and its Sub-

Commission on Prevention of Discrimination and

Protection of Minorities the reports, studies and

publications of the Special Unit on PalestinianRights.

Decisions of the Economic and Social CouncilAt its first regular 1978 session, in April/May,

the Economic and Social Council, on the recom-

mendation of its Second (Social) Committee,

adopted resolution 1978/24 entitled "Question of

the violation of human rights in the occupied

Arab territories, including Palestine." By the res-

olution, the Council commended the Commission

on Human Rights for its vigilance and its deci-

sions for the protection of human rights in the

occupied Arab territories, including Palestine,

and requested it to pursue its efforts in that re-

gard.

Resolution 1978/24 was adopted on 5 May by a

roll-call vote, requested by Iraq, of 39 to 1, with

10 abstentions. In the Second Committee, the text

was approved on 27 April by a roll-call vote, also

requested by Iraq, of 33 to 1, with 10 abstentions.

The sponsors of the draft resolution were Af-

ghanistan, Algeria, Bangladesh, Cuba, Egypt, In-

dia, Iraq, Mauritania, Nigeria, Rwanda, the Su-

dan, the Syrian Arab Republic, Tunisia, the

United Arab Emirates and Yugoslavia. (For vot-

ing details and text of resolution, see DOCUMEN-

TARY REFERENCES below.)

Speaking in explanation of vote, Argentina and

Jamaica said that they did not regard the resolu-

tion as calling into question the existence or terri-

torial integrity of any State in the Middle East.

Mexico expressed a reservation with regard to the

word "Palestine" in the text.The Federal Republic of Germany, speaking on

behalf of the Council members which were mem-

bers of the European Communities, said that they

would abstain in the vote because they were not

able to support some of the resolutions of the

Commission on the subject, and certainly not the

title of the item, which was reflected in the two

operative paragraphs. Portugal stressed that itsaffirmative vote should not be construed as

agreement with every word or with the precise ti-

tle of the resolution.

Report of the Special CommitteeThe tenth report of the Special Committee to

Investigate Israeli Practices Affecting the Human

Rights of the Population of the Occupied Territo-

ries, covering the period from 17 October 1977 to

10 November 1978, was presented to the General

Assembly in 1978. The report included a special

chapter on prison conditions in the occupied ter-

ritories, in accordance with an Assembly requestof 13 December 1977.

25

Although Israel had continued to deny the

Special Committee access to the occupied territo-

ries, the report stated, the Committee had been

able to follow the situation of the civilians in those

territories through oral and written testimony,

statements by Israeli officials, press reports and

information submitted to it by Governments and

non-governmental bodies.

In assessing this information, the Special Com-

mittee noted that in general no significant

changes in the human rights situation of the civil-

ian population of the occupied territories hadtaken place during the period under review.

The Special Committee concluded that Israel

was continuing and even accelerating its policy of

settlement and annexation of the territories. Re-

ferring to Egyptian territory occupied by Israel in

June 1967, the Committee expressed regret that

Israel was perpetuating the occupation and inten-

sifying efforts aimed at the annexation of the

other territories, basing its policies on the doc-

trine that the occupied territories formed part of

the Jewish homeland. From this doctrine fol-

lowed continued military occupation and the de-

nial to the Palestinian people of the right to self-

determination and other rights. Israel was thus

consciously violating the fourth Geneva Conven-

tion, the Special Committee concluded.

The Committee reiterated its view that the fun-

damental violation of human rights lay in the

very fact of occupation, which was the direct

cause of a daily pattern of incidents and their re-

percussions affecting life and liberty in the occu-

25 See Y.U.N., 1977, p. 324, resolution 32/91 C.


pied territories. Israel's measures were designed

to put before the civilian population the constant

reality of being a people under military subjuga-

tion. These included sentencing by military

courts, the promulgation of military orders sus-

ceptible of wide interpretation and reprisals on

property for only suspicion of committing an of-

fence.

Israel continued to expropriate property for

reasons of military security and to exploit natural

resources in the occupied territories. These poli-

cies had provoked a pattern of resistance in the

civilian population, which in turn had resulted in

an increase in the frequency of incidents and a

growth in the prison population.

In the special report on the treatment of pris-

oners, the Special Committee noted that prison

conditions in general continued to deteriorate,

with overcrowding and lack of adequate medical

attention.

The Special Committee found that, despite the

announcement of new arrangements for visiting

persons under interrogation for security of-

fences,26

there had been no significant reduction

in the number of serious allegations of ill-

treatment.

The Committee reiterated its proposal for the

adoption of an arrangement27

based on the pro-

tecting-power formula envisaged under the

fourth Geneva Convention in an effort to ensure

protection of the civilian persons in the occupied

territories.

(For additional details, see p. 348.)

Consideration by the General AssemblyThe report of the Special Committee was con-

sidered at the General Assembly's 1978 regular

session by the Special Political Committee, which

also had before it a report by the Secretary-

General describing measures he had taken to

carry out an Assembly request of 13 December

197728 that he provide the necessary facilities and

staff to the Special Committee and also ensure

the widest possible dissemination of its activities

and findings.

The Special Political Committee also had be-

fore it a number of communications sent during

the year by the representatives of Israel, Jordan,

Morocco, Qatar and the Syrian Arab Republic,

which had also been circulated as documents of

the Security Council. In addition, the Secretary-

General received letters of 12 April and 10 Mayfrom Egypt and Israel, respectively, concerning

the exploitation of oil in the Sinai, and letters of

21 and 30 June and 22 August from the Chair-

man and the Acting Chairman of the Committee

on the Exercise of the Inalienable Rights of the

Palestinian People with reference to the occupied

territories. (For details, see p. 346.)

The Special Political Committee considered the

Special Committee's report at seven meetings

held between 20 and 28 November. (For a sum-

mary of the debate in the Special Political Com-

mittee, see pp. 350-53.)


on the recommendation of the Special Political

Committee, adopted three resolutions on the

1978 report of the Special Committee.

By the first (resolution 33/113 A), the Assemblyreaffirmed that the fourth Geneva Convention

was applicable to all the Arab territories occupied

by Israel since 1967, including Jerusalem. It

strongly deplored Israel's failure to acknowledge

the applicability of the Convention to those terri-

tories and called upon Israel to acknowledge and

comply with its provisions in all those territories,

including Jerusalem. The Assembly again urged

all States parties to the Convention to exert all ef-

forts to ensure respect for and compliance with

its provisions in those territories.The Assembly adopted resolution 33/113 A by

a recorded vote of 140 to 1, with 1 abstention. In

the Special Political Committee, the text, spon-

sored by Afghanistan, Bangladesh, India, Indo-

nesia, Malaysia, Mali, Nigeria, Pakistan and Yu-

goslavia, was approved on 28 November by a

roll-call vote of 104 to 1, with 1 abstention. (For

text of resolution, see DOCUMENTARY REFERENCESbelow.)

By the terms of resolution 33/113 B, the As-

sembly determined that the measures taken by Is-rael in the Palestinian and other Arab territories

occupied since 1967, designed to change the legalstatus, geographical nature and demographic

composition of the occupied Arab territories, had

no legal validity and constituted a serious obstruc-

tion of efforts aimed at reaching a just and lasting

peace in the Middle East.

The Assembly strongly deplored the persist-ence of Israel in carrying out such measures, par-

ticularly the establishment of settlements in Pales-

tinian and other occupied Arab territories, and

called upon Israel to comply strictly with its inter-

national obligations in accordance with the princi-

ples of international law and the fourth Geneva

Convention, and to desist forthwith from taking

any action which would result in changing the le-

gal status, geographical nature or demographic

composition of the Arab territories occupied since

1967, including Jerusalem.

The Assembly adopted resolution 33/113 B bya recorded vote of 139 to 1, with 1 abstention. In

the Special Political Committee, a separate vote

was taken at the request of the United States on

26 Ibid., p. 312.

27 See Y.U.N., 1972, p. 432.28 See footnote 25.


the two paragraphs of the resolution by which theAssembly determined that all measures taken by

Israel in the Palestinian and other occupied Arab

territories had no legal validity, and deplored the

persistence of Israel in carrying out those meas-ures, in particular the establishment of settle-

ments there. The two paragraphs were approved

jointly by a roll-call vote—at the request of Ku-

wait—of 105 to 1, with 5 abstentions. The text of

the resolution as a whole was then approved by

the Special Political Committee on 28 November

by a roll-call vote, taken at Kuwait's request, of

110 to 1, with 3 abstentions. The text was spon-

sored by Afghanistan, Bangladesh, India, Indo-

nesia, Malaysia, Mali, Pakistan, Turkey and Yu-

goslavia. (For text of resolution, seeDOCUMENTARY REFERENCES below.)

By the third decision (resolution 33/113 C), the

Assembly commended the efforts of the SpecialCommittee to Investigate Israeli Practices Affect-

ing the Human Rights of the Population of the

Occupied Territories in performing its tasks and

for its thoroughness and impartiality, deploredIsrael's continued refusal to allow the Special

Committee access to those territories, and againcalled on it to allow such access. The Assembly

also deplored Israel's continued and persistent vi-olation of the fourth Geneva Convention and

other applicable international instruments andcondemned in particular those violations which

the Convention designated as "grave breaches"

thereof.

The Assembly condemned the following Israeli

policies and practices and demanded that Israel

desist from them immediately: the annexation of

parts of the occupied territories; the establish-ment of new or expansion of existing Israeli set-

tlements on private and public Arab lands, and

the transfer of an alien population thereto; the

evacuation, deportation, expulsion, displacementand transfer of Arab inhabitants of the occupied

territories and the denial of their right to return;

the confiscation and expropriation of Arab prop-

erty in the occupied territories and all other

transactions for the acquisition of land involving

the Israeli authorities, institutions or nationals on

the one hand, and the inhabitants or institutions

of the occupied territories on the other; the de-

struction and demolition of Arab houses; mass ar-rests, administrative detention and ill-treatment

of the Arab population; the ill-treatment and tor-

ture of detainees; the pillaging of archaeological

and cultural property; interference with religious

freedoms and practices as well as family rights

and customs; and the illegal exploitation of thenatural wealth, resources and population of the

occupied territories.

The Assembly reaffirmed that all measures

taken by Israel to change the physical character,

demographic composition, institutional structure

or status of any part of the occupied territories,

including Jerusalem, were null and void, and that

Israel's policy of settling parts of its populationand new immigrants in those territories consti-

tuted a flagrant violation of the fourth Geneva

Convention and United Nations resolutions.The Assembly reiterated its call to all States, in-

ternational organizations and specialized agencies

not to recognize any changes carried out by Israel

in the occupied territories, and to avoid actions,including aid, which might be used by Israel in

pursuit of its policies of annexation and coloniza-

tion.

The Special Committee was asked to continue

to investigate Israeli policies and practices in theoccupied Arab territories, to consult with the In-

ternational Committee of the Red Cross as appro-

priate to safeguard the welfare and human rights

of their population, to continue to investigate the

treatment of civilians in detention in those terri-

tories, and to report to the Secretary-General assoon as possible and whenever the need arose

thereafter.

The Secretary-General was asked to provide

the necessary facilities and staff to the Special

Committee, to disseminate widely its activities and

findings through the Department of Public Infor-

mation, where necessary to reprint Special Com-

mittee reports which were no longer available,

and to report on these tasks to the Assembly in1979.

Resolution 33/113 C was adopted by a recordedvote of 97 to 3, with 38 abstentions; the Special

Political Committee had approved the text on 28

November by a roll-call vote—requested by Ku-

wait—of 83 to 3, with 29 abstentions. The text

was sponsored by Afghanistan, Bangladesh, In-

dia, Indonesia, Malaysia, Mali and Pakistan. (For


below.)


Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 12-17, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters II, VIIand XXVI A (resolutions 1 A and B (XXXIV) and 2(XXXIV)).

E/1978/C.2/L.8. Afghanistan, Algeria, Bangladesh, Cuba, Egypt,

India, Iraq, Mauritania, Nigeria, Rwanda, Sudan, Syrian ArabRepublic, Tunisia, United Arab Emirates, Yugoslavia: draft res-olution, approved by Second Committee on 27 April 1978,meeting 20, by roll-call vote of 33 to 1, with 10 abstentions, asfollows:

In favour: Algeria, Argentina, Bangladesh, Brazil, China, Co-lombia, Cuba, Greece, Hungary, India, Iran, Iraq, Jamaica,


Mauritania, Mexico, Nigeria, Philippines, Poland, Portugal, Ro-mania, Rwanda, Sudan, Syrian Arab Republic, Togo, Trinidadand Tobago, Tunisia, Uganda, Ukrainian SSR, USSR, UnitedArab Emirates, United Republic of Cameroon, Venezuela, Yu-goslavia

Against: United StatesAbstaining: Austria, Finland, France, Germany, Federal Re-

public of, Italy, Japan, Netherlands, New Zealand, Sweden,United Kingdom.

E/1978/63. Report of Second (Social) Committee, draft resolutionXI.

Resolution 1978/24, as recommended by Second Committee, E/1978/63, adopted by Council on 5 May 1978, meeting 15, byroll-call vote of 39 to 1, with 10 abstentions, as follows:

In favour Algeria, Argentina, Bangladesh, Bolivia, Brazil,China, Colombia, Cuba, Dominican Republic, Greece, Hun-gary, India, Iran, Iraq, Jamaica, Lesotho, Malaysia, Mauritania,Mexico, Nigeria, Philippines, Poland, Portugal, Romania,Rwanda, Somalia, Sudan, Syrian Arab Republic, Togo, Trini-dad and Tobago, Uganda, Ukrainian SSR, USSR, United ArabEmirates, United Republic of Cameroon, United Republic ofTanzania, Upper Volta, Venezuela, Yugoslavia

Against: United StatesAbstaining: Austria, Finland, France, Germany, Federal Re-

public of, Italy, Japan, Netherlands, New Zealand, Sweden,United Kingdom.

The Economic and Social Council,Having considered the report of the Commission on Human

Rights on its thirty-fourth session,Taking note of the decisions of the Commission concerning the

violation by Israel of human rights in the occupied Arab territories,1. Commends the Commission on Human Rights for its vigi-

lance and its decisions for the protection of human rights in theoccupied Arab territories, including Palestine;

2. Requests the Commission on Human Rights to pursue itsefforts for the protection of human rights in the occupied Arab ter-ritories, including Palestine, and to continue to take the appropri-ate measures in this respect.

General Assembly—33rd sessionSpecial Political Committee, meetings 29-34, 37.Fifth Committee, meeting 62.Plenary meeting 87.

A/33/2. Report of Security Council, 16 June 1977-16 June 1978,Chapter 1 C.

A/33/60 (S/12575). Note verbale of 21 February from Jordan(transmitting memorandum of 5 January 1978 from Minister forForeign Affairs).

A/33/78 (S/12640). Letter of 11 April from Morocco.A/33/88 (S/12669). Note verbale of 12 April from Jordan. (Annex:

Communication from Government.)A/33/116 (S/12725). Letter of 31 May from Israel.A/33/151. Letter of 14 June from Senegal (transmitting resolution

of 9th Islamic Conference of Foreign Ministers, Dakar, 24-28April 1978).

A/33/153 (S/12752). Letter of 19 June from Qatar.A/33/154. Letter of 21 June from Chairman of Committee on Ex-

ercise of Inalienable Rights of Palestinian People to Secretary-General.

A/33/164 (S/12762). Letter of 22 June from Jordan. (Annex: Let-ter of 20 January 1972 attaching statement of Permanent Mis-sion of Jordan to United Nations.)

A/33/165. Letter of 30 June from Acting Chairman of Committeeon Exercise of Inalienable Rights of Palestinian People to Sec-retary-General.

A/33/175 (S/12767). Note verbale of 5 July from Jordan. (Annex:Communication of 31 May 1978 from Minister of State for For-eign Affairs.)

A/33/184 (S/12777), A/33/203 (S/12805). Letters of 17 July and 7August from Israel.

A/33/204 (S/12806). Letter of 9 August from Syrian Arab Repub-lic.


A/33/211 (S/12816). Letter of 18 August from Israel.A/33/218 (S/12820). Letter of 22 August from Chairman of Com-

mittee on Exercise of Inalienable Rights of Palestinian Peopleto Secretary-General.

A/33/230 (S/12838), A/33/233 (S/12844). Letters of 30 Augustand 8 September from Jordan.

A/33/356. Report of Special Committee to Investigate IsraeliPractices Affecting Human Rights of Population of OccupiedTerritories. Note by Secretary-General (transmitting report).

A/33/369. Report of Secretary-General.A/33/386 (S/12933). Letter of 22 November from Israel.A/SPC/33/L.15. Afghanistan, Bangladesh, India, Indonesia, Ma-

laysia, Mali, Nigeria, Pakistan, Yugoslavia: draft resolution, ap-proved by Special Political Committee on 28 November 1978,meeting 37, by roll-call vote of 104 to 1, with 1 abstention.

[For roll-call vote, see p. 355.]

A/33/439. Report of Special Political Committee, draft resolutionA.

Resolution 33/113 A, as recommended by Special Political Com-mittee, A/33/439, adopted by Assembly on 18 December 1978,meeting 87, by recorded vote of 140 to 1, with 1 abstention.

[For recorded vote and text of resolution, see p. 355.]

A/SPC/33/L.16. Afghanistan, Bangladesh, India, Indonesia, Ma-laysia, Mali, Pakistan, Turkey, Yugoslavia: draft resolution, ap-proved by Special Political Committee on 28 November 1978,meeting 37, by roll-call vote of 110 to 1, with 3 abstentions.


A/33/439. Report of Special Political Committee, draft resolutionB.

Resolution 33/113 B, as recommended by Special Political Com-mittee, A/33/439, adopted by Assembly on 18 December 1978,meeting 87, by recorded vote of 139 to 1, with 1 abstention.


A/SPC/33/L.17. Bangladesh, India, Indonesia, Malaysia, Mali,Pakistan: draft resolution.

A/SPC/33/L.17/Rev.1. Afghanistan, Bangladesh, India, Indonesia,Malaysia, Mali, Pakistan: revised draft resolution, approved bySpecial Political Committee on 28 November 1978, meeting 37,by roll-call vote of 83 to 3, with 29 abstentions.


A/SPC/33/L.18, A/C.5/33/76, A/33/520. Administrative and finan-cial implications of draft resolution C recommended by SpecialPolitical Committee in A/33/439. Statements by Secretary-General and report of Fifth Committee.

A/33/439. Report of Special Political Committee, draft resolutionC.

Resolution 33/113 C, as recommended by Special Political Com-mittee, A/33/439, adopted by Assembly on 18 December 1978,meeting 87, by recorded vote of 97 to 3, with 38 abstentions.



Other matters relating to violations of human rightsand fundamental freedoms

Questions concerning procedures

Study of situations revealing aconsistent pattern of human rights violations


mission on Human Rights adopted, in closed

meetings, a number of confidential decisions

within the framework of an Economic and Social

Council resolution of 27 May 197029 which laid

down procedures for dealing with communica-

tions relating to violations of human rights and

fundamental freedoms. Under the Council reso-

lution, particular situations which appeared to re-

veal a consistent pattern of gross and reliably at-

tested violations of human rights requiring

consideration by the Commission were to be

brought to its attention by the Sub-Commission

on Prevention of Discrimination and Protection

of Minorities.

Before the Commission was a report of a work-

ing group of five of its members, authorized by a

Council decision of 13 May 1977,30

which met to

examine confidential material referred to the

Commission by the Sub-Commission.

Apart from its confidential decisions, the Com-

mission, by a number of general decisions, de-

cided: to invite the Chairman/Rapporteur of the

Sub-Commission's Working Group on communi-cations to attend the Commission's confidential

discussions of communications under the

Council's 1970 resolution; to grant the Sub-

Commission and the Working Group access to

the records of the Commission's closed meetings

and all other confidential documents relating to

subjects examined under that resolution; and to

invite the States directly concerned to address the

Commission and answer questions when confi-

dential communications were being considered.

The Economic and Social Council approved afurther decision of the Commission to set up an-

other five-member working group to meet for a

week before its 1979 session to examine particu-

lar situations referred to it and those kept under

review. Decision 1978/26 was adopted without

vote on 5 May, on the recommendation of the

Second (Social) Committee, where the text was

approved without objection on 27 April. (For text

of decision, see DOCUMENTARY REFERENCES below.)

Later in the year, at its August/September ses-

sion, the Sub-Commission discussed in closed ses-

sion the report of its Working Group on com-

munications and on 15 September adopted a

confidential report and confidential resolution on

the Group's report by which it communicated itsfindings to the Commission on Human Rights.

The Sub-Commission, on 13 September, re-

quested the Secretary-General to investigate apossible breach of confidentiality following re-

ports in the international press concerning the

Sub-Commission's confidential deliberations, to

report to the Commission on the results, and to

suggest ways of preventing future breaches.

Procedures for dealingwith human rights violations


Rights discussed ways of dealing more effectivelywith communications concerning violations of hu-

man rights. It adopted two resolutions on 7

March to improve procedures, by the first of

which it requested the Secretary-General to sub-

mit to it a quarterly report on progress achieved

in implementing the Commission's decisions, and

the second requesting him to analyse and report

to it in 1979 on existing United Nations proce-

dures for dealing with communications on hu-

man rights violations with a view to avoiding

duplication and overlapping of work in

implementing those procedures.

At its 1978 session, the Sub-Commission de-

cided in the interests of greater confidentiality to

ask the competent United Nations bodies to

amend the rules of procedure to allow the Sub-

Commission and its Working Group on commun-

ications to vote by secret ballot on decisions relat-

ing to implementation of the Council's 1970

resolution on procedures for dealing with com-

munications regarding human rights violations.

Communications concerning human rightsAt its 1978 session, the Commission on Human

Rights received from the Secretary-General

monthly confidential lists of communications to-

gether with replies from Governments. The Com-

mission also considered a statistical report on thetopic submitted by the Secretary-General.

Question of human rights in CyprusOn 7 March 1978, the Commission on Human

Rights adopted a resolution by which it recom-

mended to the two communities in Cyprus to dotheir utmost to find a just and lasting solution to

the problems there, based on respect for the sov-

ereignty, independence, territorial integrity and

non-alignment of the Republic of Cyprus, and re-

iterated its call for the full restoration of all hu-man rights to the population of Cyprus, particu-

larly the refugees. It asked the Secretary-General

29 See Y.U.N., 1970, p. 530, resolution 1503(XLVIII).30 See Y.U.N., 1977, p. 701, decision 231(LXII).


to provide it in 1979 with information on the im-

plementation of this decision.

On 3 August 1978, at its eighteenth session, theCommittee on the Elimination of Racial Discrimi-

nation adopted a decision arising out of its discus-

sion of States parties reports, by which it ex-

pressed alarm that changes in the demographic

composition of the population of Cyprus werecontinuing, reiterated its expectation and hope

that the Government of Cyprus would soon be

enabled to exercise its full responsibility for the

implementation of all its obligations under the

International Convention on the Elimination of

All Forms of Racial Discrimination31

on its whole

national territory, and expressed concern and

hope that the General Assembly and other com-

petent United Nations organs would take imme-

diate and appropriate measures to put an end to

such conditions existing in Cyprus.

The Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities adopted

a resolution in September by which it expressed

grave concern at the continuing plight of the dis-

placed persons in Cyprus and demanded the full

restoration of all human rights to the whole pop-

ulation.

Human rights situationin Democratic Kampuchea

On 8 March 1978, the Commission on HumanRights decided to request the Secretary-General

to transmit to the Government of DemocraticKampuchea the documents and summary recordsof its 1978 session relating to the human rights

situation in that country, inviting that Govern-ment to send comments and observations, and totransmit the response and other available infor-

mation to the Commission at its 1979 session,

through the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities.

In September, the Sub-Commission considered

the information received as a result of the

Commission's action. It requested its Chairman,

or a member appointed by him, to analyse the

material received, together with the commentsmade in the Sub-Commission, and to report onthe matter to the Commission at its 1979 sessionwith the recommendation that it be given highestpriority.

31 See Y.U.N., 1965, p. 440, resolution 2106 A(XX) of 21 December



Questions concerning procedures


STUDY OF SITUATIONS REVEALING ACONSISTENT PATTERN OF HUMAN RIGHTS VIOLATIONSE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters X Band XXVI B (decisions 3(XXXIV)-5(XXXIV)) and Annex III.

E/1978/34, Chapter I B. Draft decision 8, as submitted by Com-mission for action by Economic and Social Council, approvedwithout objection by Second Committee on 27 April 1978,meeting 20.

E/1978/63. Report of Second (Social) Committee, draft decisionVII.


At its 15th plenary meeting, on 5 May 1978, the Council ap-proved the decision taken by the Commission on Human Rightsin its decision 4(XXXIV) of 3 March 1978 to set up a workinggroup composed of five of its members to meet for one weekprior to the thirty-fifth session of the Commission to examine suchparticular situations as may be referred to it by the Sub-Commission on Prevention of Discrimination and Protection ofMinorities at its thirty-first session under Council resolution1503(XLVIII) of 27 May 1970 and those situations which theCommission has decided to keep under review.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters XI and XVII A(resolution 10(XXXI)).

PROCEDURES FOR DEALINGWITH HUMAN RIGHTS VIOLATIONSE/1978/34. Report of Commission on Human Rights on its 34th

session, Chapters X and XXVI A (resolutions 15(XXXIV) and16(XXXIV)).

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapter XV and XVII A(resolution 7 B(XXXI)).

Communications concerning human rightsE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapter XXII.

Question of human rights in CyprusA/33/18. Report of Committee on Elimination of Racial Discrimi-

nation, on its 17th (20 March-5 April 1978) and 18th (24July-11 August 1978) sessions, Headquarters, New York,Chapters IV and X B (resolution 1(XVIII)).

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters X Aand XXVI A (resolution 17(XXXIV)).

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters II and XVII A(resolution 8(XXXI)).

Human rights situation in Democratic KampucheaE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters X andXXVI B (decision 9(XXXIV)).

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters XIV and XVIIA (resolution 11(XXXI)).


Importance of the right to self-determination

Studies on the right to self-determinationAt its August/September 1978 session, the Sub-


Protection of Minorities continued its discussion

of two studies being undertaken by special rap-

porteurs: one dealt with the historical and cur-

rent development of the right to self-determination on the basis of the Charter of the

United Nations and other United Nations instru-

ments, with particular reference to the promotion

and protection of human rights and fundamental

freedoms; the other dealt with the implementa-

tion of United Nations resolutions relating to the

rights of peoples under colonial and alien domi-

nation to self-determination.

Having considered and approved the final re-

port on the first topic, the Sub-Commission on 13

September decided to transmit it to the Commis-

sion on Human Rights for consideration and rec-

ommended that it be submitted to the General

Assembly at the earliest possible date.The second study, updated since 1977 at the

Sub-Commission's request, included among its

recommendations one that the General Assembly

should adopt a declaratory resolution systematiz-

ing, codifying and updating all the various deci-

sions relating to the right of peoples under colo-

nial and alien domination to self-determination

which had been the subject of general resolu-

tions. The Sub-Commission requested the Secre-tary-General to transmit the updated report to

the Assembly at its 1978 session, to the Commis-sion at its 1979 session and to other concerned

United Nations bodies. It asked the Commission

to entrust the Special Rapporteur with the prepa-

ration of a preliminary draft of the international

instrument recommended in his report.

The Sub-Commission recommended to the

Commission and to the Economic and Social

Council that both reports be printed and widely

circulated.

By resolution 33/24 of 29 November 1978 (see

section immediately below), the General Assem-

bly, inter alia, took note of the two studies by the

Sub-Commission's special rapporteurs and ex-

pressed thanks to their authors.

Realization of the right to self-determinationOn 14 February, at its 1978 session, the Com-

mission on Human Rights adopted a resolution

on the right of peoples to self-determination and

its application to peoples under colonial or alien

domination or foreign occupation.

By the resolution, the Commission, among

other things: reaffirmed the legitimacy of the

peoples' struggle for independence, territorial in-

tegrity and liberation from such domination or

occupation by all available means, including

armed struggle; reaffirmed the inalienable rightof the peoples of Namibia, South Africa and Zim-

babwe, of the Palestinian people and of all peo-

ples under colonial or alien domination or for-

eign occupation to self-determination, national

independence, territorial integrity, national unity

and sovereignty without external interference;

condemned the practice of using mercenariesagainst national liberation movements and sover-

eign States as a criminal act, and called upon all

Governments to enact legislation against merce-

naries and to inform the Commission of the legis-

lation enacted to punish such a practice; con-

demned countries which maintained political,

economic, military or sporting relations with the

racist régimes in southern Africa and elsewhere;

censured government policies which did not rec-

ognize the right to self-determination and inde-

pendence of peoples under colonial or alien dom-ination or foreign occupation; and expressed

appreciation for the material and other forms of

assistance which those peoples received from

Governments, United Nations agencies and other

organizations and asked that it be increased as

much as possible.

On 13 September, the Sub-Commission on Pre-vention of Discrimination and Protection of Mi-

norities called on all United Nations Members to

assist the countries and peoples under colonial or

alien domination or foreign occupation to exer-cise the right to self-determination, and urged all

States and international organizations to extend

their support to those countries and peoples.

At the General Assembly's 1978 regular ses-sion, discussion of the importance of the univer-

sal realization of the right of peoples to self-

determination and of the speedy granting of

independence to colonial countries and peoples

for the effective guarantee and observance of hu-

man rights took place mainly in the Third (Social,

Humanitarian and Cultural) Committee.The Committee had before it a report of the

Secretary-General containing information from

18 Member States—Austria, the ByelorussianSSR, Chile, El Salvador, Finland, France, the Ger-

man Democratic Republic, Greece, Hungary,Iran, Kenya, Kuwait, Madagascar, Mauritius, Sey-

chelles, Sweden, the USSR and Yugoslavia—and

from five non-governmental organizations on

action they had taken to implement an Assembly

resolution of 7 November 197732

by which the

Assembly, inter alia, called on Governments to en-

32

See Y.U.N., 1977, p. 705, resolution 32/14.


act legislation against mercenaries and mer-

cenarism and called for increased assistance to

peoples under colonial and foreign rule, domina-

tion and control.

Also before the Committee were the two

studies on the right to self-determination pre-

pared by special rapporteurs of the Sub-


Protection of Minorities (see section above).

On 29 November 1978, on the recommenda-

tion of the Third Committee, the Assembly

adopted a resolution by which it: called upon all

States to implement fully United Nations resolu-

tions on the exercise of the right to self-

determination by peoples under colonial and

alien domination; reaffirmed the legitimacy of

the struggle of peoples for independence, territo-

rial integrity, national unity and liberation from

such domination and foreign occupation by all

available means, particularly armed struggle; re-

affirmed the inalienable right of the peoples of

Namibia and Zimbabwe, of the Palestinian people

and of all peoples under alien and colonial domi-

nation to self-determination, national indepen-

dence, territorial integrity, national unity and

sovereignty without external interference; de-

manded the immediate and unconditional with-

drawal of France from the Comorian island of

Mayotte; condemned bantustanization and reiter-

ated its support for the oppressed people of

South Africa in their legitimate struggle against

the racist minor i ty régime in Pretoria; con-

demned violations of Security Council sanctions

ordered against the illegal rebel régime in South-

ern Rhodesia and accordingly deplored the

United States decision to allow Ian Smith to enter

the United States; demanded the immediate ap-

plication of the Council's mandatory arms em-

bargo against South Africa33

by all countries; re-

affirmed that the practice of using mercenaries

against national liberation movements and sover-

eign States was a criminal act and that merce-

naries were criminals, and called upon all Gov-

ernments to enact legislation declaring the

recruitment, financing and training of merce-

naries in and the transit of mercenaries through

their territory to be punishable offences and pro-

hibiting their nationals from serving as merce-

naries, and to report on such legislation to the

Secretary-General.

The Assembly condemned the policies of those

members of the North Atlantic Treaty Organiza-

tion (NATO) and of other countries whose politi-

cal, economic, military, nuclear, strategic, cultural

and sporting relations with the racist régimes in

southern Africa and elsewhere encouraged these

régimes to persist in their suppression of the aspi-

rations of peoples for self-determination and in-

dependence. It strongly condemned the ever-

increasing massacres of innocent and defenceless

people by those southern African régimes.

The Assembly condemned Governments which

did not recognize the right to self-determination

and independence of peoples under colonial and

foreign domination, notably those of Africa and

the Palestinian people, and condemned Israel's

expansionist activities, the continuous bombing of

civilian Arab and Palestinian populations and the

destruction of their villages. It demanded the im-

mediate release of all persons detained or impris-

oned as a result of their struggle for self-

determination and independence, full respect for

their fundamental individual rights and obser-

vance of the provision of the Universal Declaration

of Human Rights34

proscribing torture or cruel,

inhuman or degrading treatment. The Assembly

noted with appreciation the assistance that peo-

ples under colonial and foreign rule received

from Governments, United Nations agencies and

other organizations, and called for a maximiza-

tion of this assistance.

It also took note of the Sub-Commission's two

studies, expressing thanks to their authors. Fi-

nally, it asked the Secretary-General to give maxi-

mum publicity to the Declaration on the Granting

of Independence to Colonial Countries and Peo-

ples35

and to the struggle being waged by op-

pressed peoples for the realization of their self-

determination and national independence.

These decisions were among those contained in

resolution 33/24, which the Assembly adopted by

a recorded vote of 92 to 19, with 20 abstentions.

In the Third Committee, the text was approved

on 24 October by a recorded vote—taken at the

request of Israel—of 95 to 19, with 20 absten-

tions. The sponsors were Bulgaria, Burundi (on

behalf of the African group of Member States at

the United Nations), Cuba, Czechoslovakia, the

German Democratic Republic, Mongolia and the

Syrian Arab Republic.

(For voting details and text of resolution, see


The Central African Empire, which abstained,

said that it did so because certain operative para-

graphs were inconsistent with its policies and,

while recording the unity of his country with the

African group, wished to have its name with-

drawn from the list of sponsors.

A number of other States, explaining their

votes, said that they also had difficulties with the

language and content of various paragraphs;

Greece and New Zealand, for instance, said they

felt that many of them should have been dealt

33Ibid., p. 161, resolution 418(1977) of 4 November 1977.

34See Y.U.N., 1948-49, p. 535, text of Universal Declaration of Human

Rights, esp. article 5.35

See Y.U.N., 1960, p. 49, resolution 1514(XV) of 14 December 1960,



with in other, more appropriate, forums. The Ba-

hamas and Trinidad and Tobago were among

those which considered the resolution somewhat

unbalanced.

Argentina, Bolivia, Chile, Colombia, Costa

Rica, Indonesia, Peru, Suriname and Turkey re-

served their position on the paragraph referring

to NATO members, as did the United States;

Singapore noted that it had not been proved that

NATO as an organization had had any ties with

southern Africa.

Argentina, Bolivia, Chile, Colombia, Costa

Rica, Peru, Singapore, Trinidad and Tobago, and

Venezuela, as well as Australia and Uruguay, re-

corded objections to the reaffirmation of the le-

gitimacy of the struggle for independence by all

available means, particularly armed struggle; the

emphasis placed on armed struggle, Brazil said,

was a cause of serious concern.

Argentina, Bolivia, Brazil, Burma, Chile, Co-

lombia, Costa Rica, Jamaica, Peru, Suriname and

Venezuela were among those expressing reserva-

tions on the wording of the paragraph containing

the condemnation of the expansionist activities of

Israel as constituting a serious obstacle to self-

determination and independence of the Palestin-

ian people; Canada and Australia considered the

sentiment expressed went beyond the established

facts of the Middle East conflict.

France rejected the demand made on it in the

resolution as an interference in internal affairs

and a violation of the right of peoples to deter-

mine their own future. Suriname felt it might

exacerbate existing adversary positions.

The Federal Republic of Germany, speaking on

behalf of the nine member countries of the Euro-

pean Community, said that those countries felt

the text took no account of significant develop-

ments in areas to which it referred, and ignored

problems of self-determination in other parts of

the world. The paragraphs mentioned above by

other speakers as well as various other operative

paragraphs and their corresponding preambular

paragraphs created problems for them, including

that referring to mercenaries and calling upon

Governments to enact legislation against them.

The United States found the resolution replete

with shortcomings and considered unjustified the

criticism of Ian Smith's visit to the United States,

which, it said, was in furtherance of efforts to

bring about a peaceful settlement. Burma, Thai-

land and Turkey also had reservations on the

wording of this paragraph.

In view of the lack of time to review such alengthy and complex text, Nepal said that it had

been obliged to abstain. India said that its absten-

tion stemmed from the fact that the resolution

took note of a Sub-Commission study in which

the State of Jammu and Kashmir had been

wrongly included among territories where the

right of self-determination had not been exer-

cised.


Studies on the right to self-determinationE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters VII, VIII andXVII A (resolutions 3(XXXI) and 4 A(XXXI)) and Annex II.

E/CN.4/Sub.2/404, Vols. I-III and Add.1. Historical and currentdevelopment of right to self-determination on basis of Charterof United Nations and other instruments adopted by United Na-tions organs, with particular reference to promotion and protec-tion of human rights and fundamental freedoms. Study pre-pared by Aureliu Cristescu, Special Rapporteur ofSub-Commission on Prevention of Discrimination and Protec-tion of Minorities.

E/CN.4/Sub.2/405, Vols. I and II. Implementation of United Na-tions resolutions relating to right of peoples under colonial andalien domination to self-determination. Study prepared byHéctor Gros Espiell, Special Rapporteur.

Realization of the right to self-determinationE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters VIIand XXVI A (resolution 3(XXXIV)).

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters VII and XVII A(resolution 4 B(XXXI)).

General Assembly—33rd sessionThird Committee, meetings 13-22, 24-29.Plenary meeting 63.

A/33/151. Letter of 14 June from Senegal (transmitting resolu-

tions of 9th Islamic Conference of Foreign Ministers, Dakar, 24-28 April 1978).

A/33/199 and Add.1-3. Report of Secretary-General.A/33/206. Letter of 6 September from Yugoslavia (transmitting

documents of Conference of Ministers for Foreign Affairs ofNon-Aligned Countries, Belgrade, 25-30 July 1978).

A/C.3/33/L.15. Bulgaria, Burundi (on behalf of African group ofMember States), Cuba, Czechoslovakia, German DemocraticRepublic, Mongolia, Syrian Arab Republic: draft resolution, asorally amended by sponsors, approved by Third Committee on24 October 1978, meeting 28, by recorded vote of 95 to 19,with 20 abstentions, as follows:

In favour. Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR,Cape Verde, Chile, China, Colombia, Comoros, Congo, CostaRica, Cuba, Cyprus, Czechoslovakia, Democratic Kampuchea,Democratic Yemen, Djibouti, Ecuador, Egypt, Ethiopia, Fiji,German Democratic Republic, Ghana, Guinea, Guinea-Bissau,Guyana, Hungary, Indonesia, Iran, Iraq, Jamaica, Jordan,Kenya, Kuwait, Lao People's Democratic Republic, LibyanArab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauri-tania, Mongolia, Morocco, Mozambique, Niger, Nigeria, Oman,Pakistan, Papua New Guinea, Peru, Philippines, Poland, Qa-tar, Romania, Rwanda, Sao Tome and Principe, Saudi Arabia,Senegal, Sierra Leone, Singapore, Somalia, Sudan, Suriname,Swaziland*, Syrian Arab Republic, Thailand, Togo, Trinidadand Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR,United Arab Emirates, United Republic of Cameroon, UnitedRepublic of Tanzania, Upper Volta, Venezuela, Viet Nam, Yu-goslavia, Zaire, Zambia


Against: Australia, Austria, Belgium, Canada, Denmark, Fin-land, France, Germany, Federal Republic of, Iceland, Ireland,Israel, Italy, Luxembourg, Netherlands, New Zealand, Norway,Sweden, United Kingdom, United States

Abstaining: Bahamas, Central African Empire, Chad, Domin-ican Republic, Gabon, Greece, Guatemala, Haiti, Honduras, In-dia, Ivory Coast, Japan, Malawi, Mexico, Nepal, Nicaragua,Panama, Portugal, Spain, Uruguay.

* Subsequently Swaziland advised the Third Committee that ithad intended to abstain.


Resolution 33/24, as recommended by Third Committee, A/33/371, adopted by Assembly on 29 November 1978, meeting 63,by recorded vote of 92 to 19, with 20 abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Angola, Argentina,Bahrain, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Bot-swana, Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR,Cape Verde, Chile, China, Colombia, Congo, Costa Rica,Cuba, Cyprus, Czechoslovakia, Democratic Yemen, Ecuador,Egypt, Equatorial Guinea, Ethiopia, Fiji, Gambia, German Dem-ocratic Republic, Ghana, Grenada, Guinea, Guinea-Bissau,Guyana, Hungary, Indonesia, Iraq, Jamaica, Jordan, Kenya,Kuwait, Lao People's Democratic Republic, Lesotho, LibyanArab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauri-tania, Mongolia, Morocco, Mozambique, Oman, Pakistan, Pa-pua New Guinea, Peru, Philippines, Poland, Qatar, Romania,Rwanda, Samoa, Saudi Arabia, Senegal, Sierra Leone, Singa-pore, Somalia, Sri Lanka, Sudan, Suriname, Syrian Arab Re-public, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Arab Emirates, UnitedRepublic of Cameroon, United Republic of Tanzania, UpperVolta, Venezuela, Viet Nam, Yugoslavia, Zambia

Against: Australia, Austria, Belgium, Canada, Denmark,Finland, France, Germany, Federal Republic of, Iceland, Ire-land, Israel, Italy, Luxembourg, Netherlands, New Zealand,Norway, Sweden, United Kingdom, United States

Abstaining: Bahamas, Chad, Dominican Republic, El Salva-dor, Gabon, Greece, Guatemala, Haiti, Honduras, India, IvoryCoast,* Japan, Mexico, Nepal, Nicaragua, Panama, Portugal,Spain, Swaziland, Uruguay.

*Subsequently the Ivory Coast advised the Secretariat that ithad intended to vote in favour.

The General Assembly,Recalling its resolutions 2649(XXV) of 30 November 1970,

2955(XXVII) of 12 December 1972, 3070(XXVIII) of 30 November1973, 3246(XXIX) of 29 November 1974, 3382(XXX) of 10 No-vember 1975, 31/34 of 30 November 1976 and 32/14 of 7 No-vember 1977, and Security Council resolutions 418(1977) of 4November 1977 and 437(1978) of 10 October 1978,

Recalling also its resolutions 2465(XXIII) of 20 December1968, 2548(XXIV) of 11 December 1969, 2708(XXV) of 14 De-cember 1970, 3103(XXVIII) of 12 December 1973 and3314(XXIX) of 14 December 1974 on the use and recruitment ofmercenaries against national liberation movements and sover-eign States,

Taking note of the report of the Secretary-General, of the letterdated 14 June 1978 from the representative of Senegal transmit-ting the text of the resolutions adopted by the Ninth Islamic Con-ference of Foreign Ministers, and of the letter dated 6 September1978 from the representative of Yugoslavia transmitting the docu-ments of the Conference of Ministers for Foreign Affairs of Non-Aligned Countries,

Recalling the Maputo Declaration in Support of the Peoples ofZimbabwe and Namibia and the Programme of Action for the Lib-eration of Zimbabwe and Namibia, adopted by the InternationalConference in Support of the Peoples of Zimbabwe and Namibia,held at Maputo from 16 to 21 May 1977, and the Lagos Declara-

tion for Action against Apartheid adopted by the World Confer-ence for Action against Apartheid,

Taking note of the Political Declaration adopted by the FirstConference of Heads of State and Government of the Organiza-tion of African Unity and the League of Arab States, held at Cairofrom 7 to 9 March 1977,

Considering that the activities of Israel, in particular the denialto the Palestinian people of their right to self-determination andindependence, constitute a serious and increasing threat to inter-national peace and security,

Reaffirming its faith in General Assembly resolution 1514(XV)of 14 December 1960, containing the Declaration on the Grantingof Independence to Colonial Countries and Peoples, and the im-portance of its implementation,

Reaffirming the importance of the universal realization of theright of peoples to self-determination, national sovereignty andterritorial integrity and of the speedy granting of independence tocolonial countries and peoples as imperatives for the full enjoy-ment of all human rights,

Affirming that "bantustanization" is incompatible with genuineindependence, unity and national sovereignty and has the effectof perpetuating the power of the white minority and the racist sys-tem of apartheid in South Africa,

Reaffirming the obligation of all Member States to comply withthe principles of the Charter and the resolutions of the United Na-tions regarding the exercise of the right to self-determination bypeoples under colonial and alien domination,

Welcoming the independence of Solomon Islands,Reaffirming the national unity and territorial integrity of the

Comoros,Indignant at the continued violations of the human rights of the

peoples still under colonial and foreign domination and alien sub-jugation, the continuation of the illegal occupation of Namibia andSouth Africa's attempts to dismember its territory, the perpetua-tion of the racist minority régimes in Zimbabwe and South Africaand the denial to the Palestinian people of their inalienable na-tional rights,

1. Calls upon all States to implement fully and faithfully theresolutions of the United Nations regarding the exercise of theright to self-determination by peoples under colonial and aliendomination;

2. Reaffirms the legitimacy of the struggle of peoples for inde-pendence, territorial integrity, national unity and liberation fromcolonial and foreign domination and foreign occupation by allavailable means, particularly armed struggle;

3. Reaffirms the inalienable right of the peoples of Namibiaand Zimbabwe, of the Palestinian people and of all peoples underalien and colonial domination to self-determination, national inde-pendence, territorial integrity, national unity and sovereignty with-out external interference;

4. Demands the immediate and unconditional withdrawal ofFrance from the Comorian island of Mayotte, which is an integralpart of the Federal and Islamic Republic of the Comoros;

5. Condemns the policy of "bantustanization" and reiterates itssupport for the oppressed people of South Africa in their just andlegitimate struggle against the racist minority régime in Pretoria;

6. Condemns the violations of the sanctions ordered by theSecurity Council against the illegal rebel régime in Southern Rho-desia and accordingly deplores the decision of the Government ofthe United States of America to allow Ian Smith to enter theUnited States;

7. Reaffirms that the practice of using mercenaries against na-tional liberation movements and sovereign States constitutes acriminal act and that the mercenaries themselves are criminals,and calls upon the Governments of all countries to enact legisla-tion declaring the recruitment, financing and training of merce-naries in their territory and the transit of mercenaries through theirterritory to be punishable offences and prohibiting their nationalsfrom serving as mercenaries, and to report on such legislation tothe Secretary-General;

8. Condemns the policies of those members of the North At-lantic Treaty Organization and of other countries whose political,economic, military, nuclear, strategic, cultural and sporting rela-tions with the racist régimes in southern Africa and elsewhere en-


courage these régimes to persist in their suppression of the aspi-rations of peoples for self-determination and independence;

9. Again demands the immediate application of the mandatoryarms embargo against South Africa, imposed under SecurityCouncil resolution 418(1977), by all countries and particularly bythose countries that maintain military co-operation with the racistPretoria régime;

10. Strongly condemns all Governments which do not recog-nize the right to self-determination and independence of all peo-ples still under colonial and foreign domination and alien subjuga-tion, notably the peoples of Africa and the Palestinian people;

11. Strongly condemns the ever-increasing massacres of in-nocent and defenceless people, including women and children,by the racist minority régimes of southern Africa in their desper-ate attempt to thwart the legitimate demands of the people;

12. Further condemns the expansionist activities of Israel inthe Middle East, as well as the continuous bombing of civilianArab and, in particular, Palestinian populations and the destruc-tion of their villages and encampments, which constitutes a se-rious obstacle to the realization of the self-determination and in-dependence of the Palestinian people;

13. Demands the immediate release of all persons detained orimprisoned as a result of their struggle for self-determination andindependence, full respect for their fundamental individual rightsand the observance of article 5 of the Universal Declaration ofHuman Rights, under which no one shall be subjected to tortureor to cruel, inhuman or degrading treatment;

14. Notes with appreciation the material and other forms of

assistance that peoples under colonial and foreign rule continueto receive from Governments, United Nations agencies and inter-governmental and non-governmental organizations, and calls fora maximization of this assistance;

15. Takes note of the studies by the Sub-Commission on Pre-vention of Discrimination and Protection of Minorities, dealingwith the following subjects:

(a) Historical and current development of the right to self-determination on the basis of the Charter of the United Nationsand other instruments adopted by United Nations organs, withparticular reference to the promotion and protection of humanrights and fundamental freedoms;

(b) Implementation of United Nations resolutions relating to theright of peoples under colonial and foreign domination to self-determination;and expresses its thanks to their authors;

16. Requests the Secretary-General to give maximum publicityto the Declaration on the Granting of Independence to ColonialCountries and Peoples and to give the widest possible publicity tothe struggle being waged by oppressed peoples for the realiza-tion of their self-determination and national independence;

17. Decides to consider this item again at its thirty-fourth ses-sion on the basis of the reports that Governments, United Nationsagencies and inter-governmental and non-governmental organi-zations have been requested to submit concerning the strength-ening of assistance to colonial Territories and peoples under for-eign domination and control.

Advisory services in human rights

In connexion with the thirtieth anniversary of the

Universal Declaration of Human Rights,36

an in-

ternational seminar on national and local institu-

tions for the promotion and protection of human

rights was held at Geneva from 18 to 29 Septem-

ber 1978 under the auspices of the United Na-

tions programme of advisory services in human

rights. The seminar—which was attended by par-

ticipants nominated by Governments of 26 coun-

tries in their individual capacity, Government ob-

servers, and observers from specialized agencies,

regional, intergovernmental and non-govern-

mental organizations and liberation movements—

laid down guidelines for the structure and func-

tioning of national institutions designed to

promote human rights (see also p. 719).

During the year, 15 fellowships in the field of

human rights were granted to nationals of the

following 15 countries: Bangladesh, Benin, Cy-

prus, the Dominican Republic, Ireland, Israel,

Lesotho, Morocco, Panama, Peru, Rwanda, Sri

Lanka, the USSR, Yemen and Zaire. The pro-

gramme included awards for study relating to:

human rights in the administration of justice; the

protection of human rights during labour dis-

putes; the protection of the human rights of im-

migrants and resident aliens; the protection of

human rights in armed conflicts; the protection

of human rights concerning cases of extradition;

judicial and other remedies against the abuse of

habeas corpus; the protection of human rights in a

multinational society; and the relationship at the

international level between the right to develop-ment as a human right and other human rights.


Rights, having considered a report by the Secre-

tary-General concerning the financial stringency

of the programme of advisory services in human

rights, adopted a resolution transmitting a draft

resolution to the Economic and Social Council.

On 5 May, on the recommendation of the Sec-ond (Social) Committee, where the text was ap-

proved without vote on 27 April, the Council

adopted the recommended text without vote as

resolution 1978/14. By the resolution, the Councilrequested that, commencing with the 1980-1981

programme budget, the financing of the advisory

services programme in the field of human rights

be arranged as a part of the budget of the human

rights programme of the United Nations. TheSecretary-General was requested to organize at

least two seminars and one training course annu-

ally and also to grant at least 25 fellowships each

year, giving special attention to the developingcountries; the Council authorized him to supple-

ment this programme if Governments were will-ing to provide additional finance.

(For text of resolution, see DOCUMENTARY REF-

ERENCES below.)By another resolution, the Commission, in

March, again requested the Secretary-General to

36 See Y.U.N., 1948-49, p. 535, text of Universal Declaration of Human

Rights.


consider the possibility of arranging regional

seminars to discuss the usefulness and advisability

of establishing regional commissions on human

rights where such commissions did not exist. At

its 1978 regular session, the Secretary-General in-

formed the General Assembly that, unless special

funds were provided, it would be diff icult to

implement the Assembly's 1977 request3 7

to

organize seminars to consider such regional ar-

rangements. After consideration of the

Secretary-General's report, the Assembly, on 20

December, adopted resolution 33/167 by which,

among other things, it again requested the Secre-

tary-General, under the programme of advisory

services in the field of human rights, to give pri-

ority to consideration of regional arrangements

for promoting and protecting human rights, and

requested him to arrange at least one seminar for

that purpose during 1979.

(For details, see p. 720; for text of resolution

33/167, refer to INDEX OF RESOLUTIONS AND DECI-

SIONS.)

37 See Y.U.N., 1977, p. 740, resolution 32/127 of 16 December 1977.


Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 12-16, 19, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters IX, XXIand XXVI A (resolutions 11 (XXXIV) and 24(XXXIV) para. 1)and Annex III.

E/1978/34, Chapter I A. Draft resolution I, as submitted by Com-mission for action by Economic and Social Council, approvedwithout vote by Second Committee on 27 April 1978, meeting19.

E/1978/63. Report of Second (Social) Committee, draft resolutionI.

Resolution 1978/14, as recommended by Second Committee, E/1978/63, adopted without vote by Council on 5 May 1978,meeting 15.

The Economic and Social Council,Recalling General Assembly resolutions 926(X) of 14 Decem-

ber 1955 and 32/123 of 16 December 1977,Further recalling its decision 146(LX) of 12 May 1976, in which

it requested the General Assembly to enable the Secretary-General to continue to organize world-wide and regional seminarson human rights,

1. Requests that, commencing with the 1980-1981 programme

budget, the financing of the advisory services programme in thefield of human rights should be arranged as part of the budget ofthe human rights programme of the United Nations;

2. Reiterates its request to the Secretary-General to organizeat least two seminars and one training course annually and alsoto grant at least twenty-five fellowships each year, giving specialattention to the needs of the developing countries;

3. Authorizes the Secretary-General to supplement the num-ber of seminars, fellowships and training courses possible underthe advisory services programme in the regular budget of theUnited Nations by arranging for additional seminars, fellowshipsand training courses which would be financed by Governmentswilling to do so;

4. Invites the Secretary-General to include in his next annualreport to the Commission on Human Rights information on theimplementation of the present resolution.

Other documentsE/1978/140. Summary of estimates of programme budget impli-

cations of resolutions and decisions adopted by Economic andSocial Council during its first and 2nd regular sessions, 1978.Report of Secretary-General.

A/33/219. Regional arrangements for promotion and protection ofhuman rights. Report of Secretary-General.

ST/HR/SER.A/2 and Add.1. Seminar on national and local institu-tions for promotion and protection of human rights, Geneva,18-29 September 1978.

Protection from torture and other cruel or inhuman treatment

Human rights of detained or imprisoned personsAt its 1977 session, the Commission on Human

Rights had requested its Sub-Commission on Pre-

vention of Discrimination and Protection of Mi-

norities, whose Special Rapporteur, Erik Nettel

(Austria), was preparing a draft body of princi-

ples for the protection of all persons under any

form of detention or imprisonment, to present a

report on the topic to the Commission's 1978 ses-sion.

38 At that session, in February/March, the

Commission adopted a resolution on the subject,

which it recommended for adoption to the Eco-

nomic and Social Council.

On 5 May, the Council adopted the text recom-

mended by the Commission as resolution 1978/

17. By the resolution, the Council, noting that at

its 1977 session the Sub-Commission had dis-

cussed a first draft of a body of principles pre-

pared by its Special Rapporteur, authorized the

Sub-Commission's Chairman to appoint a work-

ing group of five of its members to meet just be-

fore its August/September 1978 session to pre-

pare a revised draft body of principles for

consideration by the Sub-Commission. It re-quested the Sub-Commission to report on the

matter with a draft body of principles to the

Commission on Human Rights in 1979.


on the recommendation of the Second (Social)

Committee, where the text was approved without

vote on 27 April. (For text of resolution, see DOC-

UMENTARY REFERENCES below.)

At its 1978 session, the Sub-Commission ap-

proved the revised draft body of principles pre-

pared by its working group and recommended it

to the Commission for adoption.

38 See Y.U.N., 1977, p. 711.


By other resolutions of 13 September on thequestion of the human rights of detained or im-

prisoned persons, the Sub-Commission: recom-

mended that the Commission request the Eco-

nomic and Social Council to authorize a study of

the situation of detainees and imprisoned persons

in and from territories under foreign occupation;

asked the Commission to act on a 1976 Sub-Commission recommendation that the Commis-

sion request the Council to authorize the Sub-Commission's Chairman to appoint five members

to analyse material received concerning the hu-

man rights of detained or imprisoned persons,

and carry out the annual review of developments

in this field; recommended that the Commission

request the Council to authorize its Special Rap-

porteur, Nicole Questiaux (France), to continue

the study on the implications for human rights of

recent developments relating to states of siege or

emergency; and requested the Secretary-General

to prepare and submit to the Sub-Commission atits 1979 session a preliminary study on measures

taken and conditions regarded as essential to en-

sure and secure the independence and impartial-

ity of the judiciary, jurors and assessors and the

independence of lawyers, to the end that there

would be no discrimination in the administration

of justice.

During its regular 1978 session, the General

Assembly adopted a number of resolutions on

topics concerning the human rights of detained

or imprisoned persons.

By resolution 33/169, adopted on 20 Decem-

ber, the Assembly, recognizing the importance of

the International Labour Organisation in pro-

moting trade union rights and protecting trade

unionists, and reaffirming the importance of pro-

tecting the right to freedom of association as an

essential prerequisite for trade union activities,

recommended that special attention be paid to vi-

olations of that right, such as the arrest, detention

or exile of trade unionists. It requested Member

States to release those under arrest on account of

their trade union activities, to ensure that, pend-

ing their release, the fundamental rights of such

persons were fully protected, and to take meas-

ures to protect the human rights and freedoms of

trade union leaders detained or imprisoned be-

cause of their struggle against colonialism, ag-

gression and foreign occupation and their strug-

gle for self-determination, independence, theelimination of apartheid and all forms of racial dis-

crimination and racism. (See also p. 716; for textof resolution, refer to INDEX OF RESOLUTIONS AND

DECISIONS.)

On the question of political prisoners in South

Africa, the Assembly adopted, on 24 January

1979, resolution 33/183 F by which, inter alia, it

demanded that the racist régime of South Africa

end violence and repression against the black

people and other opponents of apartheid, release

all persons imprisoned or restricted under arbi-

trary laws for their opposition to apartheid and ab-

rogate the bans on organizations and news me-

dia opposed to apartheid. It declared that freedom

fighters captured during the struggle for libera-

tion were entitled to prisoner-of-war status in ac-

cordance with the Geneva Conventions of 12 Au-

gust 1949 and demanded that the racist régime

terminate all trials under repressive laws and re-

lease the accused and witnesses in those trials.

The Assembly asked all Governments and

agencies within the United Nations system to

publicize, as widely as possible, the lives of politi-

cal prisoners in South Africa, urged all Govern-

ments, judicial associations and other organiza-

tions to contribute generous legal assistance to all

those persecuted under repressive and discrimi-

natory legislation in South Africa, and requested

the Special Committee against Apartheid to take all

appropriate measures to promote the world cam-

paign for the release of South African political

prisoners in co-operation with the Governments

and organizations concerned. (For details, see p.

197; for text of resolution, refer to INDEX OF RES-

OLUTIONS AND DECISIONS.)

By resolution 33/179 adopted on 20 December,

the Assembly noted with appreciation the pro-

gress made in drafting a code of conduct for law

enforcement officials, which was annexed to the

resolution. It recommended the establishment of

a working group in 1979 to continue elaboration

of the draft which, it hoped, would be ready for

adoption during the 1979 session. (For details,see p. 620; for text of resolution, refer to INDEX

OF RESOLUTIONS AND DECISIONS.)

Convention on torture andother cruel or inhuman treatment

At its session in 1978, the Commission on Hu-

man Rights set up an open-ended working group

to consider alternative drafts for an international

convention against torture and other cruel, inhu-

man or degrading treatment or punishment, pre-

pared by Sweden and by the International Associ-

ation of Penal Law. The General Assembly had

on 8 December 1977 requested the Commission

to draw up such a convention and to report on

the matter to its 1978 regular session.39

The Commission approved a resolution on 7

March by which it took cognizance of the report

of the working group and requested the Secre-

tary-General to transmit all the relevant Commis-

sion documents concerning the topic to Member

Governments and members of the specialized

agencies for their comments, and to prepare a



summary of those comments. The Commission

requested the Secretary-General to transmit its

resolution to the General Assembly, together with

the relevant chapter of the Commission's report

to the Economic and Social Council, as constitut-

ing the Commission's progress report.

The Commission also proposed a draft decision

for adoption by the Council, by which the Council

would authorize the holding of a meeting of a

working group, open to all members of the Com-

mission, for one week before the Commission's

1979 session in order to prepare concrete pro-

posals for the draft convention.

In addition, the Commission decided that the

working group concerned with analysing alterna-

tive approaches and ways and means within the

United Nations system for the promotion and en-

couragement of human rights and fundamental

freedoms (see subchapter below) should combine

this, its principal task, with the work on the draft

convention.

On 5 May 1978, the Economic and Social

Council, on the recommendation of its Second

Committee, adopted, without vote, decision 1978/

24, by which it approved the Commission's rec-

ommendation concerning the pre-session work-

ing group meeting. It also decided to request the

Secretary-General to transmit to the Assembly at

its 1978 regular session the Commission's resolu-

tion concerning the draft convention, together

with the relevant chapter of the Commission's re-

port.

In the Second Committee, Argentina had orally

proposed that this last provision be added to the

draft submitted by the Commission. The text of

the amendment was approved by 12 votes to 7,

with 18 abstentions, and the text of the decision

as a whole was approved by the Committee with-

out objection on 27 April. (For text of decision

1978/24, see DOCUMENTARY REFERENCES below.)

In accordance with a General Assembly resolu-

tion of 8 December 1977,40 the Secretary-General

in 1978 circulated among Member States a ques-

tionnaire soliciting information on steps they had

taken to put into practice the principles of theDeclaration on the Protection of All Persons from

Being Subjected to Torture and Other Cruel, In-

human or Degrading Treatment or Punish-

ment.41

At its 1978 regular session, the Assembly

had before it a report of the Secretary-General

containing replies to the questionnaire received

from 27 Member States—Australia, the Bahamas,

Barbados, Chile, Denmark, El Salvador, Ethiopia,

Finland, France, the German Democratic Repub-

lic, the Federal Republic of Germany, Greece,

Guatemala, Jordan, Kenya, Kuwait, Luxembourg,

the Netherlands, Norway, Pakistan, Portugal, Qa-

tar, Senegal, Sweden, the United Kingdom, the

Upper Volta and Yugoslavia.

Nine Member States—Belgium, Denmark, Fin-

land, Iceland, Iran, Italy, Luxembourg, Norway

and Sweden—had also made unilateral declara-

tions against torture and other cruel, inhuman or

degrading treatment or punishment in accord-

ance with another Assembly resolution of 8 De-

cember 1977.42 A second report of the Secretary-

General reproduced the unilateral declarations

received by 1 October 1978.

On 20 December 1978, the Assembly adopted a

resolution on the subject, by which it recalled that

1978 marked the thirtieth anniversary of the

adoption of the Universal Declaration of Human

Rights. The Assembly took note of the progress

report of the Commission on Human Rights on

the drafting of a convention on torture and other

cruel, inhuman or degrading treatment, and wel-comed decision 1978/24 of the Economic and So-

cial Council regarding the Commission's pre-

session working group to draft the proposed

convention. It requested the Commission to give

high priority to the matter at its 1979 session.

The Assembly also took note of the Secretary-

General's reports containing replies to the ques-

tionnaire on implementation of the Declaration

and the texts of the unilateral declarations, and

called for further reports from Member States.

The Assembly adopted resolution 33/178, with-out vote, on the recommendation of the Third

(Social, Humanitarian and Cultural) Committee.

The sponsors accepted an oral amendment by

Morocco, and the text was approved by consensuson 8 December. The sponsors were Belgium,

Costa Rica, Greece, India, the Netherlands, Nor-

way, Portugal, Sweden and the United States.

(For text of resolution, see DOCUMENTARY REFER-

ENCES below.)

Protection of human rights in ChileAt its 1978 session, the Commission on Human

Rights again studied reported violations of human

rights in Chile, with particular reference to tor-ture and other cruel, inhuman or degrading

treatment or punishment. By a resolution

adopted on 6 March, the Commission expressed

profound indignation that the Chilean people

continued to be subjected to constant and fla-

grant violations of human rights and fundamen-

tal freedoms. It viewed with concern the contin-ued refusal of the Chilean authorities to account

for the large number of persons who had disap-

peared, demanding that they do so, as well as

new measures taken by Chile to suppress political

opposition. It deplored the destruction of demo-

cratic institutions and constitutional safeguards in

40 Ibid., p. 719, resolution 32/63.41 See Y.U.N., 1975, p. 624, resolution 3452(XXX) of 9 December 1975,

annexing text of Declaration.42 See Y.U.N., 1977, p. 719, resolution 32/64.


the country and called on the Chilean authorities

to restore and safeguard basic human rights and

freedoms and to respect the provisions of inter-

national instruments to which Chile was a party.

The Commission expressed appreciation for

humanitarian aid provided to victims of violations

of human rights in Chile, commended the Ad Hoc

Working Group set up to inquire into the situa-

tion of human rights in that country for its ef-

forts, and again called on the Chilean authorities

to admit the Working Group into Chile.

The Commission welcomed the initiation of a

study by a Special Rapporteur of its Sub-


Protection of Minorities on the consequences of

various forms of aid extended to the Chilean au-

thorities, and instructed the Sub-Commission to

transmit his report to the General Assembly at its

1978 regular session.

The Commission submitted a draft decision for

adoption by the Economic and Social Council, by

which the Council would approve a Commission

decision to extend the mandate of the Ad Hoc

Working Group for a further year and request

the Assembly to arrange for financial resources

and staff.

The Council took this action by decision 1978/

23, which it adopted without vote on 5 May. The

Second Committee had approved the text recom-

mended by the Commission without objection on

27 April. (For text of decision, see DOCUMENTARY

REFERENCES below.)

At its August/September 1978 session, the Sub-


Protection of Minorities considered a study of the

impact of foreign economic assistance on respect

for human rights in Chile, prepared by its Special

Rapporteur, Antonio Cassese (Italy). The Rap-

porteur concluded that the violations of human

rights in Chile were related to economic assist-

ance since the bulk of it helped to strengthen and

maintain in power a system which pursued a pol-

icy of such violations and had developed a do-

mestic policy which did not take into account the

human factor and which resulted in a redistribu-

tion of income unfavourable to the majority of

the population.

The Sub-Commission decided on 8 September,

in accordance with the Commission's instructions,

to transmit the report to the Assembly at its 1978

regular session.

At that session, the Assembly had before it a

letter dated 17 November 1978 from the repre-

sentative of Chile, transmitting a communication

from his Government which rejected the report

of the Special Rapporteur on the ground that the

information it contained misrepresented the situ-

ation in Chile and which stated that the subject-

matter was essentially within the domestic juris-

diction of the Chilean Government. The

communication challenged the methodology and

the evidence used by the Special Rapporteur,

charging that the report was based on selective in-

formation, incomplete quotations and biased

opinions.

The Assembly also had before it the seventh re-

port of the Ad Hoc Working Group on the Situa-

tion of Human Rights in Chile. The Group's re-

port was based on information received from the

Chilean authorities, private organizations and indi-

viduals, and information obtained during a visit

made by members of the Working Group to Chile

in July 1978, following an agreement with the

Chilean Government. The report was also based

on the Group's own personal observations and on

further information obtained at hearings in New

York and Geneva after the visit to Chile.

The report described: the constitutional and le-

gal aspects of the governmental structure in Chile

having a bearing on human rights; the effects of

an amnesty of April 1978; the situation regarding

arrest, detention, missing persons and exiles; the

right to freedom of expression, to education and

to freedom of association; and the economic and

social rights of the Chilean people.

The Working Group concluded that there had

been some improvement in the situation regard-

ing human rights in Chile, due largely to ex-

pressed international concern, but that serious vi-

olations of those rights continued to take place,

arising principally from the concentration of arbi-

trary power at the centre, the lack of separation

of powers and the fact that the country currently

lived under an unjustified state of emergency

which differed little from the state of siege in

force from September 1973 to March 1978. In

this connexion, the Working Group mentioned

the denial of the right to participate in the gov-

ernment of the country, the operation of security

agencies with wide powers, and the restrictions

on legal safeguards for human rights. While wel-

coming the fact that a large number of individ-

uals had been released from prison following the

April 1978 amnesty, the Group stated that expul-

sions, political arrests, ill-treatment and torture

continued.

The Group also pointed to continuing censor-

ship, limitations on education and on freedom of

association affecting political parties and trade

unions, unemployment problems, the plight of

indigenous peoples, and unsatisfactory public

health services.

The Working Group recommended that the

General Assembly, among other things, take

steps: to establish an international penal jurisdic-

tion to judge persons alleged by the international

community to be responsible for torture; to ap-

point a special rapporteur on Chile from the


Working Group to continue to monitor the situa-

tion; to set up a United Nations trust fund to aid

persons and their relatives suffering from viola-

tions of their human rights (see below); and, fol-

lowing the completion of negotiations between

the Group and the Chilean authorities, to invite

the Commission on Human Rights to set up an

independent international inquiry committee to

investigate the fate of missing persons in Chile.

In a detailed commentary annexed to the

Working Group's report, the Government of

Chile presented its observations on the various

chapters and expressed regret that the Group

had devoted most of its time to hearing testimony

without adequately verifying on the spot the

charges made against the Chilean authorities.

The resulting report, it said, lacked balance and

objectivity, did not emphasize progress made, dis-

regarded pertinent information, and did not re-

flect the real situation in Chile. The Government

protested the interference of the Working Group

in matters falling exclusively within the internal

sovereignty of Chile. It further observed that, al-

though the report did not expressly so state, its

contents established that no gross or consistent vi-

olations of human rights existed in Chile, torture

was not applied as a method of investigation nor

was it in general use, there was no régime of ter-

ror, there was freedom of expression, journalistic

freedom, and freedom to practice law without

difficulty, and there were not thousands of miss-

ing persons, nor any at all in 1978.

The Assembly also examined a report of the

Secretary-General, prepared in accordance with

an Assembly decision of 16 December 1977,43

containing replies to a request for information on

steps that States and organizations had taken to

implement a 1976 decision44

to help restore and

safeguard human rights in Chile. Information

had been received from Austria, Belgium, the

Byelorussian SSR, Cape Verde, Chile, Cyprus,

Djibouti, France, the German Democratic Repub-

lic, the Federal Republic of Germany, Greece,

Guinea, Italy, the Netherlands, Nicaragua, Nor-

way, Sweden, the Ukrainian SSR, the USSR and

the United Kingdom. Replies were also received

from specialized agencies and regional and other

international organizations.

In addition, the Assembly had before it a letter

of 19 December 1978 from the Federal Republic

of Germany transmitting a resolution on the situ-

ation in Chile adopted by the Inter-Parliamentary

Union at a conference held at Bonn in September

1978; by the text, the Conference regretted the

scant progress in restoring human rights in Chile

and urged various actions to that end by the Chil-

ean Government and national groups.

On 20 December 1978, the Assembly adopted a

resolution on the protection of human rights in

Chile. By the preamble, the Assembly, inter alia,

acknowledged the Working Group's conclusions

that the situation in Chile had improved in re-

spect of political prisoners, arrest and torture,

disappeared persons and press freedom, and that

such developments were mainly attributable to

the efforts of the Chilean people and the interna-

tional community, but concluded that the human

rights situation justified the continued concern

and involvement of the international commu-

nity and the special attention of the Commission

on Human Rights.

By the operative paragraphs, the Assembly ex-

pressed indignation that violations of human

rights continued to take place in Chile, as the re-

port of the Ad Hoc Working Group had estab-

lished; it expressed its particular concern at the

refusal of the Chilean authorities to accept re-

sponsibility or to account for many persons re-

ported to have disappeared for political reasons,

or to undertake an adequate investigation of such

cases.

Calling upon the Chilean authorities to restore

and safeguard basic human rights and to respect

fully the international instruments to which Chile

was a party, the Assembly urged the Chilean au-

thorities in particular: to cease the state of emer-

gency; to restore the democratic institutions and

constitutional safeguards formerly enjoyed by the

Chilean people; to ensure an immediate end to

torture and other forms of inhuman or degrad-

ing treatment and to punish those responsible; to

investigate and clarify the fate of those reported

to have disappeared for political reasons; to cease

arbitrary arrest and detention and to release im-

mediately those imprisoned for political reasons;to restore fully the right of habeas corpus; to re-

store Chilean nationality to those deprived of it

for political reasons and to allow and assist those

forced to leave to return home; to remove restric-

tions on political activities, re-establish freedom

of association and guarantee fully freedom of ex-

pression; to guarantee standards of labour pro-

tection and restore trade union rights; and to

safeguard the human rights of indigenous minor-

ities, taking into account their cultural character-

istics.

The Assembly expressed appreciation to theSpecial Rapporteur for his report on the conse-

quences for human rights in Chile of the various

forms of aid extended to the Chilean authorities,

and commended the Chairman and other mem-

bers of the Ad Hoc Working Group for their thor-

ough and objective report. It invited the Commis-

sion on Human Rights to continue to watch


44 See Y.U.N., 1976, p. 604, resolution 31/124 of 16 December 1976.


closely the situation in Chile and, to this end, to

appoint, in consultation with the Working

Group's Chairman, a Special Rapporteur on the

situation of human rights in Chile, who would re-

port to the Commission and the Assembly, for-

mulating his mandate on the same basis as that

on which the Working Group was established. It

urged the Chilean authorities to co-operate with

him.

The Commission was also asked to consider at

its 1979 session effective ways of clarifying the

whereabouts and fate of missing and disappeared

persons in Chile, taking into account the views

expressed by the Working Group.


vote of 96 to 7, with 38 abstentions, on a recom-

mendation by the Third Committee, where on 12

December the text, sponsored by Sweden, was ap-

proved by a recorded vote of 88 to 7, with 34 ab-

stentions. (For text of resolution and voting de-

tails, See DOCUMENTARY REFERENCES below.)

At the time of the vote, Austria, Ireland, the

Netherlands, the United Kingdom and the

United States, expressing support for the resolu-

tion, said that they would have acted as sponsors,

but respected Sweden's wish to be sole sponsor in

order to allow the maximum number of explana-

tions of vote, reflecting the wide spectrum of po-

sitions. The United States, however, regretted the

omission of a reference to the latest report of the

Inter-American Commission on Human Rights,

an expert body which had been observing the sit-

uation in Chile for the Organization of American

States. Guatemala, on the other hand, said that it

had been unable to support the resolution be-

cause the wording was excessive and did not take

into account in its operative part improvements

noted in the preambular part. Also, the measures

Chile was urged to take were a flagrant interfer-

ence in its internal affairs. Although it had voted

in favour, Colombia expressed similar reserva-

tions.

France, Spain and Venezuela said that their af-

firmative vote coincided with their concern that,

despite an improvement in the attitude of the

Chilean Government, human rights violations

continued. Spain said that it was its understand-

ing that the formula applied to Chile should ap-

ply, mutatis mutandis, to any other country where

human rights were being violated. Costa Rica, El

Salvador, Saudi Arabia, Suriname, and Zaire,

which abstained, did not believe that Chile should

be singled out among numerous countries where

human rights violations occurred. France, though

it voted in favour, said that it did not accept all

the Working Group's conclusions; it seemed to

France, and the Ivory Coast as well, that an inves-

tigation into the entire economic life of a country

constituted intervention in its internal affairs.

Suriname said that it had abstained because ithad serious reservations regarding the Special

Rapporteur's report, as well as that of the Work-

ing Group, which had failed to tread wisely the

path between concern for Chilean political vic-

tims and the sovereign rights of Chile. Uruguay

opposed the resolution inasmuch as it disagreed

with many of the Group's conclusions and the

procedures it had used.

Chad said that it had abstained in the vote in

view of recent efforts in Chile to respect human

rights, while Egypt had based its abstention on

the fact that Chile had agreed to allow the Work-

ing Group to visit the country.

Bulgaria, Cuba, the German Democratic Re-

public and the USSR were among those which, al-

though they had voted in favour, could not agree

with the content of the preambular paragraph

whereby the Assembly acknowledged the conclu-

sions of the Working Group that there had been

an improvement in human rights in Chile. Bul-

garia, Cuba, Czechoslovakia, the German Demo-

cratic Republic and Yugoslavia felt that the man-

date of the Ad Hoc Working Group should be

extended for a further year; the appointment of

a Special Rapporteur as a special working instru-

ment of the Commission in this exceptional case

could be accepted, but only on the understanding

that it did not create a precedent.

Chile said that it had cast a negative vote to

show its rejection of the resolution. It was pleased

that improvement of the situation had been rec-

ognized but rejected other opinions as unfair, ex-

aggerated and false. The Working Group, it said,was characterized by a lack of understanding of

co-operation, trespassed in areas outside its juris-

diction, made false judgements, and did not fulfil

its moral commitment despite the guarantees and

accommodations of the Chilean Government.

Also on 20 December, the Assembly adopted

resolution 33/176 on the importance of the expe-

rience of the Ad Hoc Working Group on the Situ-

ation of Human Rights in Chile. By this resolu-

tion, the Assembly welcomed the fact that the

Working Group had finally been able to travel toChile and carry out an investigation on the spot.

It expressed awareness of the importance of this

experience in the framework of United Nations

activities, when dealing with consistent patterns

of gross violations of human rights.

The Assembly also expressed great apprecia-

tion for the careful and objective manner in

which the Ad Hoc Working Group had carried out

its mandate and drew the attention of the Com-

mission on Human Rights to the importance of

the Group's experience in view of the

Commission's future action, when dealing with

consistent patterns of gross violations of human

rights.



recorded vote of 54 to 17, with 66 abstentions. Be-

fore that final vote, it had adopted the first oper-

ative provision—by which it expressed its appre-

ciation to the Working Group—by a separate

recorded vote of 53 to 18, with 65 abstentions.

It rejected, by a recorded vote of 52 in favour

to 53 against, with 34 abstentions, an amendmentto add a paragraph by which the Assembly would

have invited the Commission on Human Rights,

within the framework of an over-all analysis of al-

ternative approaches and ways and means for im-

proving the effective enjoyment of human rights

and fundamental freedoms (see subchapter be-

low), to consider the desirability of creating ad hoc

working groups or similar investigative bodies in

cases in which it recognized the existence of con-

sistent patterns of gross violations of human

rights, including those recognized in resolution

32/130 concerning alternative approaches,45

and

to report on the subject to the Assembly in 1979.

The amendment had been submitted in the As-

sembly by Italy, which had sponsored a resolution

in the Third Committee containing a similar pro-

vision.

In the Third Committee, after an exchange of

views, debate was closed on the draft resolution

on a proposal put forward by Senegal and

adopted by a recorded vote of 65 to 20, with 26

abstentions. Immediately thereafter, a proposal

by Yugoslavia that the text of the contended para-

graph—which had been orally amended by the

German Democratic Republic and by Italy—be

deleted was approved by 47 votes to 45, with 29

abstentions.

Two further amendments, orally proposed by

the German Democratic Republic and sub-

amended by Italy, by which the Assembly would

refer, in the preamble and in the operative text,

to the importance of the Group's experience in

the framework of United Nations activities and in

view of the Commission's future action, "when

dealing with consistent patterns of gross viola-

tions of human rights"—rather than to its impor-

tance "in the field of the protection of human

rights"—were adopted by 45 votes to 26, with 44

abstentions, and 47 votes to 28, with 41 absten-

tions, respectively. The text as a whole was ap-

proved on 12 December by 47 votes to 22, with

53 abstentions. At the request of Australia, all

votes in the Third Committee were recorded.

(For voting details and text of resolution 33/

176, see DOCUMENTARY REFERENCES below.)

After the voting, Australia, France, the Nether-

lands, New Zealand and Norway expressed sur-

prise that States which had been active in advo-

cating adoption of resolutions on human rights in

Chile had not supported the proposal to consider

the creation of working groups to investigate hu-

man rights violations in other parts of the world.

Costa Rica and Panama felt that the deletion of

the paragraph left the resolution devoid of mean-

ing and substance. El Salvador, Senegal, Zaire

and others said that their votes reflected their be-

lief that the protection of human rights, in order

to be credible, must not be selective.

Egypt, Pakistan, the USSR and Yugoslavia were

among States which felt that Italy's proposal re-

quired further detailed study and consultations.

The USSR considered that the amendments un-

dermined resolution 32/130 by, inter alia, replac-

ing the concept of mass and flagrant violations of

human rights referred to therein by the terms

"consistent" and "gross violations." It also felt that

they were at variance with the Economic and So-

cial Council's 1970 resolution on procedures forconsidering communications on human rights vi-

olations.46

Benin and Ethiopia expressed concern that,

were similar groups to be established in the fu-

ture, they would be used to conduct unwarranted

investigations in small countries unable to oppose

interference in their internal affairs. Saudi Ara-

bia said that the provision would aid States which

wanted to divert attention from violations inside

their own borders, using it as a ploy, if not to in-

terfere in other countries' affairs then to divert

attention from their own human rights violations.

Chile commented on the politicization and se-

lectivity that it said characterized debates on hu-

man rights in the United Nations.

United Nations Trust Fund for ChileAt its 1978 session, the Commission on Human

Rights, acting on a suggestion made by its Sub-


Protection of Minorities in 1977, recommended a

draft resolution for adoption by the Economic

and Social Council inviting the General Assemblyto establish a voluntary trust fund to aid human

rights victims of Chile.

On 5 May 1978, the Council, having considered

a report by the Secretary-General concerning ar-

rangements for managing the trust fund,

adopted resolution 1978/15, by which it recom-

mended to the Assembly the adoption of the

Commission's proposed text, to which was an-

nexed the arrangements for the management of

the fund.

The Council adopted the resolution, by 39

votes to 2, with 6 abstentions, on the recommen-

dation of its Second Committee, where on 27

April the text had been approved by 33 votes to

2, with 6 abstentions. (For text of resolution, see


45 See Y.U.N., 1977, p. 734, resolution 32/130 of 16 December 1977.46 See Y.U.N., 1970, p. 530, resolution 1503(XLVIII) of 27 May 1970.


On 20 December, the Assembly adopted the

resolution and its annex, as recommended by the

Council, as resolution 33/174. By the resolution,

the Assembly decided to establish a voluntary

fund, called the United Nations Trust Fund for

Chile, administered by the Secretary-General inaccordance with the Financial Regulations of theUnited Nations, with the advice of a five-member

Board of Trustees appointed by him, to receive

contributions and distribute through established

channels humanitarian, legal and financial aid to

persons whose human rights had been violated by

detention or imprisonment in Chile, to those

forced to leave, and to relatives of such persons.

The Assembly adopted the arrangements forthe management of the Fund which were an-

nexed to the resolution, authorized the Board of

Trustees to promote and solicit contributions andpledges, asked the Secretary-General to assist the

Board as required, and appealed to Member

States to contribute to the Fund.

Resolution 33/174 was adopted, by a recordedvote of 98 to 6, with 35 abstentions, on the recom-

mendation of the Third Committee, where on 12

December the text had been approved by a re-

corded vote, taken at the suggestion of the Com-

mittee Chairman, of 88 to 6, with 32 abstentions.

(For voting details and text of resolution, see DOC-UMENTARY REFERENCES below.)

After the vote, Costa Rica, Finland, France,

Spain and Suriname said that they would have

preferred to see a general fund set up to aid all

victims of human rights violations everywhere.

Japan had reservations about establishing such a

fund, believing that efforts by the Government of

Chile were the most important thing for securinghuman rights in that country. Egypt and Jordan

said that they had voted in favour purely for hu-

manitarian reasons. Chile considered that the cre-

ation of the Fund exclusively for Chile and theappointment of the Special Rapporteur under

resolution 33/175 were clear violations of the

principle of the legal equality of States.

Report of Credentials CommitteeAt the thirty-third (1978) session of the Assem-

bly, the USSR said at a meeting of the Credentials

Committee that it did not recognize the creden-

tials of Chile and requested that its view be re-

flected in the report of the Committee to the

General Assembly. Suriname and the UnitedStates said that the issue raised by the USSR went

beyond the competence of the Credentials Com-

mittee. The Assembly approved the Committee's

first report without vote on 3 November by reso-

lution 33/9, the text of which was approved with-

out vote by that Committee on 25 October (see



Human rights of detained or imprisoned persons

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 12, 14-16, 19, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters VIIIand XXVI A (resolution 19(XXXIV)) and Annex III.

E/1978/34, Chapter I A. Draft resolution IV, as submitted by Com-mission for action by Economic and Social Council, approvedwithout vote by Second Committee on 27 April 1978, meeting19.

E/1978/63. Report of Second (Social) Committee, draft resolutionIV.


The Economic and Social Council,Recalling the Declaration on the Protection of All Persons from

Being Subjected to Torture and Other Cruel, Inhuman or Degrad-ing Treatment or Punishment, of 1975, and Economic and SocialCouncil resolution 1993(LX) of 12 May 1976, by which the Coun-cil called upon all Governments fully to observe and implementthe Declaration,

Recalling also General Assembly resolutions 3453(XXX) of 9December 1975, by which the Assembly requested the Commis-sion on Human Rights to study, inter alia, the formulation of abody of principles for the protection of all persons under any formof detention or imprisonment, and 31/85 of 13 December 1976,by which the Assembly requested the Commission to submit a

comprehensive report on the elaboration of the said body of prin-ciples to it at its thirty-third session,

Bearing in mind resolution 10(XXXII) of 5 March 1976 of theCommission on Human Rights, by which the Commission invitedthe Sub-Commission on Prevention of Discrimination and Protec-tion of Minorities to draw up a draft body of principles,

Mindful of resolution 8(XXXIII) of 4 March 1977 of the Commis-sion on Human Rights, by which the Commission requested theSub-Commission to present to it at its thirty-fourth session a com-prehensive report on the elaboration of the said body of princi-ples,

Noting that the Sub-Commission at its thirtieth session dis-cussed a draft body of principles prepared by the Special Rappor-teur, Erik Nettel, and, in its resolution 8(XXX), recommended thatthe Commission should request the Council to authorize theChairman of the Sub-Commission to appoint a working group offive of its members, to meet for not more than five working daysprior to the thirty-first session of the Sub-Commission, to preparea revised draft body of principles for consideration at that session,

1. Authorizes the Chairman of the Sub-Commission on Pre-vention of Discrimination and Protection of Minorities to appoint aworking group of five of its members to meet for not more thanfive working days prior to the thirty-first session of the Sub-Commission to prepare a revised draft body of principles for con-sideration at that session;

2. Requests the Sub-Commission to submit to the Commis-sion on Human Rights at its thirty-fifth session a comprehensivereport with a draft body of principles for the protection of all per-sons under any form of detention or imprisonment.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters V and XVII A(resolutions 5 A-E(XXXI)) and Annex II.



Convention on torture andother cruel or inhuman treatment

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 12, 14, 15, 20.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters VIIIand XXVI A (resolution 18(XXXIV)) and B (decision 8(XXXIV))and Annex III.

E/1978/34, Chapter I B. Draft decision 5, as submitted by Com-mission for action by Economic and Social Council and asorally amended by Argentina, approved without objection bySecond Committee on 27 April 1978, meeting 20.

E 1978/63. Report of Second Committee, draft decision V.


At its 15th plenary meeting, on 5 May 1978, the Council ap-proved the recommendation made by the Commission on HumanRights in paragraph 2 of its resolution 18(XXXIV) of 7 March 1978that it should authorize a working group open to all members ofthe Commission to meet for one week immediately before thethirty-fifth session of the Commission with the task of preparingconcrete drafting proposals for a draft convention on torture andother cruel, inhuman or degrading treatment or punishment. TheCouncil also decided to request the Secretary-General to transmitto the General Assembly, at its thirty-third session, resolution18(XXXIV), together with the relevant chapter of theCommission's report, as requested by the General Assembly inits resolution 32/62 of 8 December 1977.

General Assembly—33rd sessionThird Committee, meetings 69, 71, 73.Plenary meeting 90.


A/33/196 and Add.1-3. Questionnaire on Declaration on Protec-tion of All Persons from Being Subjected to Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment. Reportof Secretary-General (replies received from Governments).

A/33/197. Unilateral declarations against torture and other cruel,inhuman or degrading treatment or punishment. Report of Sec-retary-General (replies received from Governments).

A/C.3/33/L.52. Belgium, Costa Rica, Greece, India, Netherlands,Norway, Portugal, Sweden, United States: draft resolution, asorally revised by Morocco and by sponsors, approved by con-sensus by Third Committee on 8 December 1978, meeting 73.



The General Assembly,Considering that 1978 marks the thirtieth anniversary of the

Universal Declaration of Human Rights,Recalling the Declaration on the Protection of All Persons from

Being Subjected to Torture and Other Cruel, Inhuman or Degrad-ing Treatment or Punishment, adopted by the General Assemblyin its resolution 3452(XXX) of 9 December 1975,

Recalling its resolution 32/62 of 8 December 1977, in which itrequested the Commission on Human Rights to draw up a draftconvention on torture and other cruel, inhuman or degrading

treatment or punishment in the light of the principles embodied inthe Declaration,

Recalling also its resolution 32/63 of 8 December 1977, inwhich it requested the Secretary-General to draw up and circulateamong Member States a questionnaire soliciting information con-cerning steps they had taken, including legislative and adminis-trative measures, to put into practice the principles of the Decla-ration,

Recalling further its resolution 32/64 of 8 December 1977, inwhich it called upon Member States to reinforce their support ofthe Declaration by making unilateral declarations against tortureand other cruel, inhuman or degrading treatment,

1. Takes note of the progress report of the Commission on Hu-man Rights on the drafting of a convention on torture and othercruel, inhuman or degrading treatment;

2. Welcomes Economic and Social Council decision 1978/24of 5 May 1978, by which the Council authorized a working groupopen to all members of the Commission on Human Rights tomeet for one week immediately before its thirty-fifth session withthe task of preparing concrete drafting proposals for a draft con-vention on torture and other cruel, inhuman or degrading treat-ment or punishment, on the basis of the relevant documents ofthe thirty-fourth session of the Commission and any commentsreceived from Governments;

3. Requests the Commission on Human Rights, at its thirty-fifth session, to give high priority to the question of drafting a con-vention on torture;

4. Takes note of the report of the Secretary-General, called forunder General Assembly resolution 32/63, containing replies tothe questionnaire;

5. Calls upon Member States which have not yet done so toreply to the questionnaire, as called for under resolution 32/63;

6. Requests the Secretary-General to submit to the GeneralAssembly at its thirty-fourth session further information providedin response to the questionnaire, and to submit all the informationavailable which he has received to the Commission on HumanRights and the Sub-Commission on Prevention of Discriminationand Protection of Minorities;

7. Takes note also of the report of the Secretary-General,called for under General Assembly resolution 32/64, containingunilateral declarations;

8. Invites Member States which have not yet done so to de-posit the unilateral declarations with the Secretary-General, ascalled for under resolution 32/64;

9. Requests the Secretary-General to continue to inform theGeneral Assembly, in annual reports, of such further unilateraldeclarations which may be deposited by Member States;

10. Decides to include in the provisional agenda of its thirty-fourth session the item entitled "Torture and other cruel, inhumanor degrading treatment or punishment" for the purpose of review-ing the progress achieved under this item.

Protection of human rights in Chile


E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters III andXXVI A (resolution 12(XXXIV)) and Annex III.

E/1978/34, Chapter I B. Draft decision 4, as submitted by Com-mission for action by Economic and Social Council, approvedwithout objection by Second Committee on 27 April 1978,meeting 20.

E/1978/63. Report of Second (Social) Committee, draft decisionIV.


At its 15th plenary meeting, on 5 May 1978, the Council ap-proved the decision taken by the Commission on Human Rights


in its resolution 12(XXXIV) of 6 March 1978, in response to Gen-eral Assembly resolution 32/118 of 16 December 1977, to extendthe mandate of the Ad Hoc Working Group on the Situation ofHuman Rights in Chile, within the terms of the Commission reso-lution, and decided to request the Assembly to make arrange-ments for the provision of adequate financial resources and stafffor the implementation of that resolution.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters X and XVII B(decision 2) and Annex II.


General Assembly—33rd sessionThird Committee, meetings 60, 62-64, 69, 70, 73, 74.Plenary meeting 90.

A/33/281. Note by Secretary-General.A/33/293. Report of Secretary-General.A/33/331. Report of Ad Hoc Working Group to inquire into situa-

tion of human rights in Chile, submitted in accordance withGeneral Assembly resolution 32/118 of 16 December 1977.Note by Secretary-General (covering note transmitting report).

A/33/538. Letter of 19 December from Federal Republic of Ger-many (transmitting resolution adopted on 4 September 1978 byInter-Parliamentary Union held at Bonn, 5-13 September 1978).

A/C.3/33/7. Letter of 17 November from Chile (transmitting obser-vations on report of Special Rapporteur entitled: "Study of theimpact of foreign economic aid and assistance on respect forhuman rights in Chile" (E/CN.4/Sub.2/412, Vols. I-IV, andCorr.1)).

A/C.3/33/L.73. Sweden: draft resolution, approved by Third Com-mittee on 12 December 1978, meeting 74, by recorded vote of88 to 7, with 34 abstentions, as follows:

In favour:* Afghanistan, Algeria, Angola, Australia, Austria,Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bot-swana, Bulgaria, Burundi, Byelorussian SSR, Canada, CapeVerde, Colombia, Cuba, Cyprus, Czechoslovakia, DemocraticYemen, Denmark, Ethiopia, Finland, France, German Demo-cratic Republic, Germany, Federal Republic of, Ghana,Greece, Guatemala,† Guinea-Bissau, Guyana, Hungary, Ice-land, India, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Kuwait,Lao People's Democratic Republic, Lesotho, Luxembourg,Madagascar, Mali, Malta, Mexico, Mongolia, Mozambique,Netherlands, New Zealand, Niger, Norway, Pakistan, Poland,Portugal, Qatar, Romania, Rwanda, Sao Tome and Principe,Senegal, Sierra Leone, Somalia, Spain, Sudan, Swaziland,Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago,Tunisia, Turkey, Uganda, Ukrainian SSR, USSR, United ArabEmirates, United Kingdom, United Republic of Cameroon,United Republic of Tanzania, United States, Venezuela,Yemen, Yugoslavia, Zaire,** Zambia

Against: Argentina, Brazil, Chile, Lebanon, Nicaragua, Para-guay, Uruguay

Abstaining: Bahamas, Bolivia, Burma, Central African Em-pire, Chad, Costa Rica, Ecuador, Egypt, El Salvador, Fiji, Ga-bon, Grenada, Guinea, Honduras, Indonesia, Israel, IvoryCoast, Jordan, Kenya, Malaysia, Mauritania, Morocco, Nepal,Nigeria, Oman, Panama, Papua New Guinea, Peru, Philip-pines, Saudi Arabia, Singapore, Suriname, Thailand, UpperVolta.

*Subsequently the Libyan Arab Jamahiriya pointed out to theThird Committee that its vote in favour had not appeared in thetally-sheet.

†Subsequently Guatemala advised the Secretariat that its voteagainst had been erroneously recorded as a vote in favour.

**Subsequently Zaire informed the General Assembly that itsabstention had been erroneously recorded as a vote in favour.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution XIV.


In favour: Afghanistan, Algeria, Angola, Australia, Austria,Bahrain, Bangladesh, Barbados, Belgium, Benin, Bhutan, Bot-swana, Bulgaria, Burundi, Byelorussian SSR, Canada, CapeVerde, Colombia, Congo, Cuba, Cyprus, Czechoslovakia,Democratic Yemen, Denmark, Dominican Republic, EquatorialGuinea, Ethiopia, Finland, France, Gabon, Gambia, GermanDemocratic Republic, Germany, Federal Republic of, Ghana,Greece, Guinea, Guinea-Bissau, Guyana, Hungary, Iceland, In-dia, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Kuwait, LaoPeople's Democratic Republic, Lesotho, Libyan Arab Jamahi-riya, Luxembourg, Madagascar, Maldives, Mali, Malta, Mauri-tius, Mexico, Mongolia, Mozambique, Netherlands, NewZealand, Niger, Norway, Pakistan, Poland, Portugal, Qatar, Ro-mania, Rwanda, Sao Tome and Principe, Senegal, SierraLeone, Spain, Sri Lanka, Sudan, Swaziland, Sweden, SyrianArab Republic, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Arab Emirates, UnitedKingdom, United Republic of Cameroon, United Republic ofTanzania, United States, Venezuela, Viet Nam, Yemen, Yugo-slavia, Zambia

Against: Argentina, Brazil, Chile, Guatemala, Lebanon, Para-guay, Uruguay

Abstaining: Bahamas, Bolivia, Burma, Central African Em-pire, Chad, Costa Rica, Djibouti, Ecuador, Egypt, El Salvador,Fiji, Haiti, Honduras, Indonesia, Israel, Ivory Coast, Jordan,Kenya, Malawi, Malaysia, Mauritania, Morocco, Nepal, Nicara-gua, Nigeria, Oman, Panama, Papua New Guinea, Peru, Phil-ippines, Samoa, Saudi Arabia, Singapore, Somalia, Suriname,Thailand, Upper Volta, Zaire.

The General Assembly,Emphasizing its commitment to foster universal respect for,

and observance of, human rights and fundamental freedoms forall in accordance with the principles of the Charter of the UnitedNations and of the Universal Declaration of Human Rights,

Recalling that in accordance with the Universal Declaration ofHuman Rights and the International Covenant on Civil and Politi-cal Rights everyone has the right to life, liberty and security ofperson and the right not to be subjected to arbitrary arrest, deten-tion or exile, or to torture or to cruel, inhuman or degrading treat-ment or punishment,

Recalling the Declaration on the Protection of All Persons fromBeing Subjected to Torture and Other Cruel, Inhuman or Degrad-ing Treatment or Punishment, unanimously adopted in its resolu-tion 3452(XXX) of 9 December 1975,

Reaffirming once more its condemnation of all forms of tortureand other cruel, inhuman or degrading treatment or punishment,

Recalling its resolution 32/118 of 16 December 1977, in whichit reiterated its profound indignation, as well as its resolutions3219(XXIX) of 6 November 1974, 3448(XXX) of 9 December1975 and 31/124 of 16 December 1976 concerning the humanrights situation in Chile,

Bearing in mind Commission on Human Rights resolution8(XXXI) of 27 February 1975, in which it established the Ad HocWorking Group on the Situation of Human Rights in Chile, andresolutions 3(XXXII) of 19 February 1976, 9(XXXIII) of 9 March1977 and 12(XXXIV) of 6 March 1978 of the Commission, bywhich it extended the mandate of the Ad Hoc Working Group,

Noting with appreciation the steps taken by the Commissionon Human Rights and the Sub-Commission on Prevention of Dis-crimination and Protection of Minorities to implement General As-sembly resolutions 31/124 and 32/118,

Having considered the study prepared by the Special Rappor-teur of the Sub-Commission on Prevention of Discrimination andProtection of Minorities on the consequences for human rights inChile of the various forms of aid extended to the Chilean authori-ties,


Taking note of the important role that regional human rights or-ganizations can play in situations of violations of human rights,

Taking note with appreciation of the fact that in July 1978, forthe first time, members of the Ad Hoc Working Group were en-abled to visit Chile in pursuance of their mandate, which repre-sents a valuable experience for the United Nations when dealingwith constant and flagrant violations of human rights,

Having considered the reports of the Ad Hoc Working Groupand of the Secretary-General under this item, as well as the ob-servations and documents submitted by the Chilean authorities,

Noting that the Ad Hoc Working Group records its appreciationfor the co-operation extended to it by the Chilean authorities,

Noting also that the report of the Ad Hoc Working Group con-firms the substance of its previous reports,

Acknowledging the conclusions of the Ad Hoc Working Groupthat the present situation of human rights in Chile has improved,as compared to previous years, in that cases of torture and ill-treatment as well as the number of arrests for political reasonshave decreased, large numbers of political prisoners are nolonger held, no cases of persons disappearing in 1978 have beenconfirmed and the expression in the press of a wider range ofopinion appears to be permitted, which developments are mainlyattributable to the efforts of the Chilean people and the interna-tional community,

Gravely concerned by the conclusions of the Ad Hoc WorkingGroup that violations nevertheless continue to take place, often ofa grave nature, of human rights provided for in:

(a) The International Covenant on Civil and Political Rights andmanifested inter alia by ill-treatment and torture, arrest and deten-tion for political reasons, denial to Chileans of the right to returnand live in their country, prohibition of political parties by infringe-ment of freedom of expression and the lack of effective legal rem-edies,

(b) The International Covenant on Economic, Social and Cul-tural Rights and manifested inter alia by denial of the right to col-lective bargaining and the right to strike,

Concerned furthermore by the recent dissolution of labour or-ganizations, arrest and persecution of labour leaders and tradeunion members and infringements of acquired labour rights,

Particularly concerned also by the lack of progress in clarifyingthe fate of missing and disappeared persons in spite of appealsby the General Assembly, the Commission on Human Rights, theSecretary-General, private institutions and citizens of Chile,

Concluding, therefore, that the human rights situation in Chilejustifies the continued concern and involvement of the interna-tional community and the special attention of the Commission onHuman Rights,

1. Expresses its continued indignation that violations of humanrights, often of a grave nature, continue to take place in Chile, ashas been convincingly established by the report of the Ad HocWorking Group on the Situation of Human Rights in Chile;

2. Expresses also its particular concern and dismay at the re-fusal of the Chilean authorities to accept responsibility or accountfor the large number of persons reported to have disappeared forpolitical reasons, or to undertake an adequate investigation ofcases drawn to their attention;

3. Calls once more upon the Chilean authorities to restore andsafeguard, without delay, basic human rights and fundamentalfreedoms and fully to respect the provisions of the relevant inter-national instruments to which Chile is a party, including the Inter-national Covenant on Economic, Social and Cultural Rights andthe International Covenant on Civil and Political Rights, as well asto heed the concerns expressed by the international community;

4. Urges the Chilean authorities in particular:(a) To cease the state of emergency, under which continued

violations of human rights and fundamental freedoms are permit-ted;

(b) To restore the democratic institutions and constitutionalsafeguards formerly enjoyed by the Chilean people;

(c) To ensure an immediate end to torture and other forms ofinhuman or degrading treatment and to prosecute and punishthose responsible for such practices;

(d) To take urgent and effective measures in response to theprofound international concern at the fate of persons reported to

have disappeared for political reasons and, in particular, to inves-tigate and clarify the fate of these persons;

(e) To cease arbitrary arrest and detention and to release im-mediately those who are imprisoned for political reasons;

(f) To restore fully the right of habeas corpus;(g) To restore Chilean nationality to those who have been de-

prived of it for political reasons;(h) To allow those who have been forced to leave the country

for political reasons to return home and take appropriate meas-ures to assist in their resettlement;

(i) To remove restrictions on political activities and re-establishthe full enjoyment of the freedom of association;

(j) To guarantee the standards of labour protection called forby international instruments and fully restore previously estab-lished trade union rights;

(k) To guarantee fully freedom of expression;(l) To safeguard the human rights of the Mapuche Indians and

other indigenous minorities, taking into account their particularcultural characteristics;

5. Expresses its appreciation to the Special Rapporteur for hisreport on the consequences for human rights in Chile of the var-ious forms of aid extended to the Chilean authorities;

6. Commends the Chairman and other members of the AdHoc Working Group for their thorough and objective report;

7. Invites the Commission on Human Rights to continue togive close attention to the situation in Chile and, to this end:

(a) To appoint, in consultation with the Chairman of the AdHoc Working Group from among members of the Group as pres-ently constituted, a Special Rapporteur on the situation of humanrights in Chile who should report to the Commission on HumanRights and to the General Assembly, and to formulate his man-date on the basis of resolution 8(XXXI) of the Commission, inwhich it established the mandate of the Ad Hoc Working Group;

(b) To consider at its thirty-fifth session the most effectiveways of clarifying the whereabouts and fate of missing and disap-peared persons in Chile, taking into account the views on thissubject expressed by the Ad Hoc Working Group in its report;

8. Urges the Chilean authorities to co-operate with the SpecialRapporteur;

9. Requests the Commission on Human Rights to submit tothe General Assembly at its thirty-fourth session, through the Eco-nomic and Social Council, a progress report on action taken incompliance with the present resolution.

A/C.3/33/L78. Italy: draft resolution, as orally amended by Ger-man Democratic Republic (as subamended by sponsor) and asfurther revised by Yugoslavia, approved by Third Committee on12 December 1978, meeting 74, by recorded vote of 47 to 22,with 53 abstentions, as follows:

In favour: Australia, Austria, Bangladesh, Belgium, Bhutan,Botswana, Burundi, Canada, Colombia, Costa Rica, Cyprus,Denmark, Dominican Republic, Ecuador, Fiji, Finland, France,Germany, Federal Republic of, Ghana, Greece, Guyana, Ice-land, India, Iran, Ireland, Italy, Jamaica, Lesotho, Libyan ArabJamahiriya, Luxembourg, Madagascar, Mali, Mexico, Nether-lands, New Zealand, Norway, Pakistan, Papua New Guinea,Portugal, Senegal, Sierra Leone, Spain, Sweden, Tunisia,United Kingdom, United States, Venezuela

Against: Afghanistan, Argentina, Brazil, Bulgaria, Byelorus-sian SSR, Cuba, Czechoslovakia, Democratic Yemen, Ethio-pia, German Democratic Republic, Guatemala,* Hungary, Iraq,Lao People's Democratic Republic,* Mongolia, Paraguay, Po-land, Romania, Ukrainian SSR, USSR, Uruguay, Viet Nam

Abstaining: Algeria, Angola, Bahamas, Barbados, Benin, Bo-livia, Burma, Cape Verde, Central African Empire, Chad,Congo, Egypt, Gabon, Guinea, Guinea-Bissau, Honduras, In-donesia, Israel, Ivory Coast,* Japan, Jordan, Kenya, Malaysia,Mauritania, Morocco, Nepal, Niger, Nigeria, Oman, Panama,Peru, Philippines, Rwanda, Sao Tome and Principe, Saudi Ara-bia, Singapore, Somalia, Sudan, Suriname, Swaziland, SyrianArab Republic, Thailand, Togo, Trinidad and Tobago, Turkey,Uganda, United Republic of Cameroon, United Republic ofTanzania, Upper Volta, Yemen, Yugoslavia, Zaire, Zambia.


*Subsequently, Guatemala, the Lao People's Democratic Re-public and the Ivory Coast advised the Secretariat that they hadintended to vote in favour.

A/33/L35. Italy: amendment to draft resolution XV recommendedby Third Committee in A/33/509.

A/33/509. Report of Third Committee, draft resolution XV.


In favour: Australia, Austria, Bangladesh, Belgium, Bhutan,Botswana, Canada, Colombia, Cyprus, Denmark, DominicanRepublic, Ecuador, Fiji, Finland, France, Gambia, Germany,Federal Republic of, Ghana, Greece, Guyana, Iceland, India,Iran, Ireland, Italy, Ivory Coast, Jamaica, Japan, Lebanon, Le-sotho, Libyan Arab Jamahiriya, Luxembourg, Madagascar,Mali, Malta, Mauritius, Mexico, Netherlands, New Zealand, Nor-way, Pakistan, Papua New Guinea, Portugal, Samoa, Senegal,Sierra Leone, Spain, Sri Lanka, Suriname, Sweden, Trinidadand Tobago, United Kingdom, United States, Venezuela

Against: Afghanistan, Argentina, Brazil, Bulgaria, Byelorus-sian SSR, Czechoslovakia, German Democratic Republic,Hungary, Lao People's Democratic Republic, Mongolia, Po-land, Romania, Ukrainian SSR, USSR, Uruguay, Viet Nam, Yu-goslavia

Abstaining: Algeria, Angola, Bahamas, Barbados, Benin, Bo-livia, Burma, Burundi, Cape Verde, Central African Empire,Chad, Congo, Costa Rica, Cuba, Democratic Yemen, Djibouti,Egypt, Equatorial Guinea, Ethiopia, Gabon, Guatemala,Guinea, Guinea-Bissau, Haiti, Honduras, Indonesia, Iraq, Is-rael, Jordan, Kenya, Malawi, Malaysia, Maldives, Mauritania,Morocco, Mozambique, Nepal, Nicaragua, Niger, Nigeria,Oman, Panama, Paraguay, Peru, Philippines, Qatar, Rwanda,Sao Tome and Principe, Saudi Arabia, Singapore, Somalia, Su-dan, Swaziland, Syrian Arab Republic, Thailand, Togo, Tunisia,Turkey, Uganda, United Arab Emirates, United Republic ofCameroon, United Republic of Tanzania, Upper Volta, Yemen,Zaire, Zambia.

The General Assembly,Bearing in mind Commission on Human Rights resolution

8(XXXI) of 27 February 1975, in which it established the Ad HocWorking Group on the Situation of Human Rights in Chile, andresolutions 3(XXXII) of 19 February 1976, 9(XXXIII) of 9 March1977 and 12(XXXIV) of 6 March 1978 of the Commission, bywhich it extended the mandate of the Ad Hoc Working Group,

Welcoming the fact that the Ad Hoc Working Group was finallyable to travel to Chile and carry out, on the spot, an investigationof the human rights situation in that country in accordance with itsmandate,

Aware of the importance of this experience in the framework ofUnited Nations activities, when dealing with consistent patterns ofgross violations of human rights,

1. Expresses its great appreciation to the Ad Hoc WorkingGroup on the Situation of Human Rights in Chile for the carefuland objective manner in which it carried out its mandate;

2. Draws the attention of the Commission on Human Rights tothe importance of the experience of the Ad Hoc Working Group inview of the Commission's future action, when dealing with con-sistent patterns of gross violations of human rights.

UNITED NATIONS TRUST FUND FOR CHILE

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 14, 15, 19, 23.Plenary meeting 15.E/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters III andXXVI A (resolution 13(XXXIV)).

E/1978/34, Chapter I A. Draft resolution II, as submitted by Com-mission for action by Economic and Social Council, approved

by Second Committee on 27 April 1978, meeting 19, by 33votes to 2, with 6 abstentions.

E/1978/45. Note by Secretary-General (transmitting annex todraft resolution II: Arrangements for management of United Na-tions Trust Fund for Chile).

E/1978/63. Report of Second (Social) Committee, draft resolutionII and annex (draft arrangements for management of UnitedNations Trust Fund for Chile).

Resolution 1978/15 and annex, as recommended by SecondCommittee, E/1978/63, adopted by Council on 5 May 1978,meeting 15, by 39 votes to 2, with 6 abstentions.

The Economic and Social Council,Taking note of resolution 13(XXXIV) of 6 March 1978 of the

Commission on Human Rights,Recommends to the General Assembly the adoption of the fol-

lowing draft resolution:

[For text of draft resolution and annex, see General Assemblyresolution 33/174 below.]


A/C.3/33/L.26. Note by Secretary-General containing text of draftresolution recommended by Economic and Social Council in itsresolution 1978/15 of 5 May 1978 for adoption by General As-sembly, approved by Third Committee on 12 December 1978,meeting 74, by recorded vote of 88 to 6, with 32 abstentions:

In favour: Afghanistan, Algeria, Angola, Austria, Bahrain,Bangladesh, Belgium, Benin, Bhutan, Botswana, Bulgaria, Bu-rundi, Byelorussian SSR, Canada, Cape Verde, Congo, Cuba,Cyprus, Czechoslovakia, Democratic Yemen, Denmark, Egypt,Ethiopia, Fiji, Finland, France, German Democratic Republic,Germany, Federal Republic of, Ghana, Greece, Grenada,Guinea-Bissau, Guyana, Hungary, India, Iran, Iraq, Ireland, It-aly, Ivory Coast, Jamaica, Kenya, Kuwait, Lao People's Demo-cratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya,Luxembourg, Madagascar, Mali, Mexico, Mongolia, Mozam-bique, Netherlands, Niger, Nigeria, Norway, Oman,* Pakistan,Panama, Poland, Portugal, Qatar, Romania, Rwanda, SaoTome and Principe, Saudi Arabia, Spain, Sudan, Swaziland,Sweden, Syrian Arab Republic, Togo, Trinidad and Tobago,Tunisia, Turkey, Ukrainian SSR, USSR, United Arab Emirates,United Kingdom, United Republic of Cameroon, United Repub-lic of Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia,Zaire, Zambia

Against: Argentina, Brazil, Chile, Guatemala, Paraguay, Uru-guay

Abstaining: Australia, Bahamas, Barbados, Bolivia, Burma,Central African Empire, Chad, Colombia, Costa Rica, Domini-can Republic, Ecuador, El Salvador, Gabon, Guinea, Hon-duras, Indonesia, Israel, Japan, Jordan,† Malaysia, Mauritania,Morocco, Nepal, New Zealand, Peru, Philippines, Singapore,Somalia, Suriname, Thailand, Uganda, United States.

*Subsequently Oman informed the Secretariat that its intentionhad been to abstain.

†Subsequently Jordan informed the Secretariat that its inten-tion had been to vote in favour.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution XIII.


In favour: Afghanistan, Algeria, Angola, Austria, Bahrain,Bangladesh, Belgium, Benin, Bhutan, Botswana, Bulgaria, Bu-rundi, Byelorussian SSR, Canada, Cape Verde, Congo, Cuba,


Cyprus, Czechoslovakia, Democratic Yemen, Denmark, Egypt,Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gabon, Ger-man Democratic Republic, Germany, Federal Republic of,Ghana, Greece, Guinea, Guinea-Bissau, Guyana, Hungary,Iceland, India, Iran, Iraq, Ireland, Italy, Ivory Coast, Jamaica,Jordan, Kenya, Kuwait, Lao People's Democratic Republic,Lebanon, Lesotho, Libyan Arab Jamahiriya, Luxembourg, Mad-agascar, Malawi, Maldives, Mali, Malta, Mauritius, Mexico,Mongolia, Mozambique, Netherlands, Niger, Nigeria, Norway,Pakistan, Panama, Papua New Guinea, Poland, Portugal, Qa-tar, Romania, Rwanda, Samoa, Sao Tome and Principe, Sene-gal, Sierra Leone, Spain, Sri Lanka, Sudan, Swaziland, Swe-den, Syrian Arab Republic, Togo, Trinidad and Tobago,Tunisia, Turkey, Ukrainian SSR, USSR, United Arab Emirates,United Kingdom, United Republic of Cameroon, United Repub-lic of Tanzania, Venezuela, Viet Nam, Yemen, Yugoslavia,Zambia

Against: Argentina, Brazil, Chile, Guatemala, Paraguay, Uru-guay

Abstaining: Australia, Bahamas, Barbados, Bolivia, Burma,Central African Empire, Chad, Colombia, Costa Rica, Domini-can Republic, Ecuador, El Salvador, Haiti, Honduras, Indone-sia, Israel, Japan, Malaysia, Mauritania, Morocco, Nepal, NewZealand, Nicaragua, Oman, Peru, Philippines, Saudi Arabia,Singapore, Somalia, Suriname, Thailand, Uganda, UnitedStates, Upper Volta, Zaire.

The General Assembly,Recalling its resolutions 31/124 of 16 December 1976 and 32/

118 of 16 December 1977 and taking note of Economic and So-cial Council resolution 1978/15 of 5 May 1978 and Commissionon Human Rights resolution 13(XXXIV) of 6 March 1978,

1. Decides to establish a voluntary fund, called the United Na-tions Trust Fund for Chile, administered in accordance with theFinancial Regulations of the United Nations by the Secretary-General with the advice of a Board of Trustees, composed of achairman and four members with wide experience of the situationin Chile, to be appointed by the Secretary-General with due re-gard to equitable geographical distribution and in consultationwith their Governments, to serve for a three-year term, to receivecontributions and distribute, through established channels of as-sistance, humanitarian, legal and financial aid to persons whosehuman rights have been violated by detention or imprisonment inChile, to those forced to leave the country and to relatives of per-sons in the above-mentioned categories;

2. Adopts the arrangements for the management of the Fundset forth in the annex to the present resolution;

3. Authorizes the Board of Trustees to promote and solicit con-tributions and pledges;

4. Requests the Secretary-General to put into immediate effectthe provisions of the present resolution and to give the Board ofTrustees all the assistance it may require;

5. Appeals to Member States to respond favourably to re-quests for contributions to the Fund.

ANNEX

Arrangements for the management of the United NationsTrust Fund for Chile

1. The Secretary-General shall apply the arrangements setforth below for the management of the United Nations Trust Fundfor Chile.

A. Solicitation and acknowledgement of pledges andcollection of contributions

2. The Controller, in consultation with the Under-Secretary-General for Political and General Assembly Affairs and the Direc-tor of the Division of Human Rights and with the advice of theBoard of Trustees of the Fund, shall determine the procedures forsoliciting voluntary contributions to the Fund.

3. Any prospective donor desiring to make a voluntary contri-bution to the Fund shall submit a written proposal to the Secre-tary-General. The request for acceptance should contain all rele-vant information including the amount of the proposedcontribution, the currency and the timing of payments.

4. The proposal, with the comments, inter alia, of the Under-Secretary-General for Political and General Assembly Affairs andthe Director of the Division of Human Rights, shall be forwardedto the Controller, for determination that the proposal is acceptableunder the Financial Regulations and Rules of the United Nations,including the determination of whether or not any proposed gift ordonation might directly or indirectly involve additional financial lia-bility for the Organization. Before acceptance of any gift or dona-tion involving such liability, the Controller shall request and obtainthe approval of the General Assembly.

5. The Controller shall acknowledge all pledges and shall de-termine the bank account or accounts in which contributions tothe Fund should be deposited. He shall be responsible for collect-ing contributions and following up on payments of contributionspledged.

6. The Controller may accept contributions in such currenciesas he deems usable by the Fund or readily convertible into usa-ble currencies.

B. Operation and control

7. The Controller shall ensure that the operation and control ofthe Fund shall be in accordance with the Financial Regulationsand Rules of the United Nations. He may delegate responsibilityfor the operation and administration of the Fund to the heads ofdepartments or offices designated by the Secretary-General toexecute activities financed by the Fund. Only officials so desig-nated may authorize the execution of specific activities to be fi-nanced by the Fund.

8. In respect of activities conducted by the United Nations, re-quests for allotments of funds shall be submitted to the Controllerby the Director of the Division of Human Rights accompanied bysuch supporting information as the Controller may require. Afterreview, allotments to provide for expenditures of the funds re-ceived shall be issued by the Director of the Budget Division, andcertifying officers for the Fund shall be designated by the Control-ler in accordance with established procedures.

9. The Controller shall be responsible for the reporting of the fi-nancial transactions of the Fund and shall issue quarterly state-ments of assets, liabilities and unencumbered Fund balance, in-come and expenditure.

10. The Fund shall be audited by both the Internal Audit Serv-ice and the Board of Auditors, in accordance with the FinancialRegulations and Rules of the United Nations.

C. Reporting

11. An annual report showing funds available, pledges andpayments received and the expenditures made from the Fundshall be prepared by the Controller and submitted to the GeneralAssembly and, as appropriate, to the Commission on HumanRights.

REPORT OF CREDENTIALS COMMITTEE

General Assembly—33rd sessionCredentials Committee, meeting 1.Plenary meeting 43.

A/33/350. First report of Credentials Committee, para. 6.A/33/350, para. 15. Draft resolution, as proposed by Credentials

Committee Chairman, approved without vote by Committee on25 October 1978, meeting 1.

Resolution 33/9 A, approving first report of Credentials Com-mittee, as recommended by Committee, A/33/350, adoptedwithout vote by Assembly on 3 November 1978, meeting43.


Other human rights questions

Alternative approaches and ways to improvethe effective enjoyment of human rightsand fundamental freedoms, including thecreation of a post of High Commissioner

Pursuant to a General Assembly resolution of

16 December 1977,47 the Commission on Human

Rights, at its 1978 session, set up an open-ended

working group to carry out an over-all analysis of

alternative ways and means within the United Na-

tions system for improving the effective enjoy-

ment of human rights and fundamental free-

doms, as well as other issues which arose during

the Commission's discussion of the further pro-

motion and encouragement of human rights and

fundamental freedoms, including its programme

and methods of work.

After considering the working group's progress

report, the Commission adopted on 8 March a

resolution recommended by the group by which

it decided to continue work on the analysis at its

1979 session, in the light of the concepts con-

tained in the Assembly's 1977 resolution; it rec-

ommended that the Economic and Social Council

authorize the convening of an open-ended work-

ing group of the Commission for that purpose, to

meet for a week just before its 1979 session.Also by the resolution, the Commission re-

quested the Secretary-General: to invite special-

ized agencies and United Nations organs in the

field of human rights to supply information on

measures taken, or to be taken, to translate the

concepts of the Assembly's 1977 resolution into

practical terms; to circulate the Commission's re-

port on its current work on this subject to Mem-

ber States, specialized agencies, United Nations

bodies and non-governmental organizations for

their comments; and to submit that material, as

well as other reports, documents, views and sug-

gestions for the working group's information;

and to bring this resolution and the relevant

chapter of the Commission's report to the notice

of the General Assembly.

By a separate decision of 7 March, the Commis-

sion decided that the working group should also

be entrusted with a secondary task of preparing a

draft convention on torture and other cruel or in-

human treatment (see subchapter above).

On the recommendation of its Second (Social)

Committee, the Economic and Social Council

adopted, without vote, on 5 May, decision 1978/

20, by which it authorized the establishment of

the working group to continue the consideration

of proposals, suggestions and documents put for-

ward at the Commission's 1977 and previous ses-

sions on this matter, as well as those referred to

the Commission by the General Assembly in its

1977 resolution. It requested the Secretary-

General to bring the Commission's resolution and

the relevant chapter of its report to the

Assembly's attention.In the Second Committee, the text of the

Commission's draft decision—as orally amended

by Argentina to add the request that the Secre-

tary-General submit the Commission's resolution

and relevant chapter to the Assembly—was ap-

proved without objection on 27 April. (For text of

decision, see DOCUMENTARY REFERENCES below.)

By a letter dated 18 July 1978, Costa Rica re-

quested that an item entitled "Creation of the

post of United Nations High Commissioner for

Human Rights" should be included in the provi-

sional agenda of the Assembly's regular 1978 ses-

sion. An explanatory memorandum noted that

such an item had been on the agenda as early as

1965,48 and that procedural circumstances had

prevented the adoption of a version of the pro-

posal in 1977.49

The Assembly, on the recommendation of the

General Committee, included the item "Alterna-

tive approaches and ways and means within the

United Nations system for improving the effec-

tive enjoyment of human rights and fundamental

freedoms, including the creation of a post of

United Nations High Commissioner for Human

Rights" in its agenda, allocating it to the Third

(Social, Humanitarian and Cultural) Committee,

where the combined item was discussed.

On 16 December 1978, the Assembly adopted

resolution 33/104 on the subject. By the pream-

ble, the Assembly, inter alia, recalled its resolution

of 16 December 1977,50

and recalled that the

Commission on Human Rights had been re-

quested therein to undertake an over-all analysis

of alternative approaches and ways and means

for improving the effective enjoyment of human

rights and fundamental freedoms. It also took

note of relevant parts of the Declaration of the

Conference of Ministers for Foreign Affairs of

Non-Aligned Countries, held at Belgrade, Yugo-

slavia, in July 1978, in which the Ministers had

pointed out that the human rights and funda-

mental freedoms of the individual and of peoples

were inalienable and, proceeding from the insep-arability of economic, social, cultural, civil and

political rights, stressed the need to create condi-

tions at the national and international levels for

the full promotion and protection of those rights.

47

See Y.U.N., 1977, p. 734, resolution 32/130.48 See Y.U.N., 1965, p. 494.

49 See Y.U.N., 1977, p. 723.

50 See footnote 47.


By the operative text, the Assembly took note

with appreciation of the Commission's progress

report on the over-all analysis, requested it to

continue to give the analysis high priority, ex-

pressed the hope that Member States, as well as

specialized agencies and United Nations organs

in the field of human rights, would continue to

support the Commission's work on the analysis,

and looked forward to discussing the

Commission's resulting conclusions and recom-

mendations at the Assembly's 1979 regular ses-

sion.


on the recommendation of the Third Committee,

where the text was approved by consensus on 6

December, on a proposal by 29 powers. The

sponsors accepted an oral amendment proposed

by France by which the Assembly, by a preambu-

lar provision, recalled, rather than reaffirmed, its

resolution of 16 December 1977. A United King-

dom amendment, to add a provision by which the

Assembly would have invited the Commission to

consider recommending an exceptional addi-

tional session in 1979 to complete work on the

over-all analysis, was withdrawn after consulta-

tions. (For text of resolution and list of sponsors,


Following approval of the resolution, the Fed-

eral Republic of Germany said that the nine

members of the European Community continued

to reserve their position of principle on the

Assembly's 1977 resolution; while recognizing the

indivisibility of rights, they rejected the notion

that the enjoyment of economic, social and cul-

tural rights should precede the realization of civil

and political rights. Canada, Israel and the

United States also noted that their reservations

on the 1977 resolution applied equally to the cur-

rent resolution.

Australia, Canada and Israel also had difficul-

ties with the provision taking note of the Bel-

grade Conference Declaration; Australia and

Canada interpreted the reference to "relevant

parts" of that document as applying only to the

paragraph mentioned.

China said that it had serious reservations on

parts of the Commission's report and interpreted

the resolution as applying exclusively to the chap-

ter mentioned therein.

Costa Rica and Senegal introduced a draft reso-

lution in the Third Committee by which the As-

sembly would have decided in principle to estab-

lish, under the Secretary-General's authority, a

United Nations High Commissioner for Human

Rights possessing the degree of personal inde-

pendence, prestige and integrity required for the

prudent and impartial performance of his func-

tions, within the framework of the Charter of the

United Nations. The Assembly would have re-

quested the Secretary-General to submit to it at its

1979 regular session concrete proposals concern-

ing the organization of the Office of the High

Commissioner, taking into account the results of

the over-all analysis being undertaken by the

Commission on Human Rights.

A number of amendments to the two-power

text were submitted by Afghanistan, Angola,

Benin, Bulgaria, Burundi, the Congo, Cuba,

Hungary, Iraq, Madagascar, Mozambique, the

Syrian Arab Republic and Viet Nam: a preambu-

lar statement that one of the purposes of the

United Nations was to promote and encourage

respect for human rights and fundamental free-

doms, as set forth in the Universal Declaration of

Human Rights,51

would be amended to read that

the purpose was to achieve international co-

operation in promoting and encouraging such re-

spect, and would include mention of the Interna-

tional Covenants on Human Rights;5 2

a

preambular reference to a 1967 report on a pro-

posal for the establishment of a post of High

Commissioner53

and to a 1967 Economic and So-

cial Council decision recommending establish-

ment of such a post54

would be amended to in-

clude mention of a 1973 Assembly decision55

to

review alternative approaches to the question.

Another amendment would insert a preambu-

lar paragraph by which the Assembly would com-

mend the consistent efforts made by several exist-

ing United Nations organs to combat flagrant and

mass violations of human rights as a result of the

policies of colonialism, racism, foreign occupation

and domination, aggression and threats to na-

tional and territorial integrity, to put an end to

apartheid, to isolate the racist régimes in southern

Africa, and to terminate the flagrant and mass vi-

olations of human rights in the occupied Arab

territories.

By other 13-power amendments, the Assembly

would have decided in principle not to take any

action for the time being on the establishment of

a High Commissioner for Human Rights, and

would have requested the Secretary-General to

submit in 1979 a report on the over-all analysis

being undertaken by the Commission.

The Dominican Republic, Guatemala and Pan-

ama submitted a procedural draft resolution

whereby the Assembly would request the Com-

mission to take into account, in continuing its

work on the over-all analysis, the views expressed

on the proposal for the establishment of the post

51 See Y.U.N., 1948-49, p. 535, text of Universal Declaration of Human

Rights.52

See Y.U.N., 1966, p. 418, resolution 2200 A (XXI) of 16 December

1966, annexing texts of Covenants and Optional Protocol.53 See Y.U.N., 1967, p. 532.

54Ibid., p. 542, resolution 1237(XLII) of 6 June 1967.

55 See Y.U.N., 1973, p. 577, resolution 3136(XXVIII) of 14 December

1973.


of United Nations High Commissioner for Hu-

man Rights at the current session. It would con-

sider, at its 1979 session, the question of the es-

tablishment of such a post on the basis of the

Commission's analytical report.

After consultations between Guatemala and

Bulgaria, the three sponsors amended their draft

to have the Commission take account of the views

expressed on various proposals at both the cur-

rent and the 1977 Assembly sessions. Costa Rica

and Senegal withdrew their draft resolution, and

the 13 powers, together with the German Demo-

cratic Republic, withdrew an amendment to the

three-power text whereby the Assembly would

have decided not to take any action, for the time

being, on the establishment of a High Commis-

sioner for Human Rights. The Third Committee

approved the three-power text by consensus on 5

December: the Assembly adopted it without vote

on 16 December as resolution 33/105.

By this resolution the Assembly recalled its

1977 request for an over-all analysis of the

United Nations approach to human rights, re-

called that the Third Committee had decided in

1977 to refer the proposal for the establishment

of a post of United Nations High Commissioner

for Human Rights to the Commission as part of

its over-all analysis of alternative approaches and

ways and means for improving the effective en-

joyment of human rights and fundamental free-

doms, and recalled the Commission's decision to

establish a pre-session working group for that

purpose.

In this connexion, the Assembly asked the

Commission to take into account the views ex-

pressed on the various proposals during the gen-

eral debates at the Assembly's 1977 and 1978 ses-

sions, including a post of High Commissioner for

Human Rights. It decided to consider these ques-

tions again after the Commission had completed

and/or reported on the over-all analysis. (For textof resolution 33/105, see DOCUMENTARY REFER-

ENCES below.)

When discussing this item at its 1978 regular

session, the General Assembly had before it a tab-

ular report on the status of international conven-

tions in the field of human rights for which the

Secretary-General acted as depositary. The report

had been submitted in response to an Assembly

request of 9 December 1975.56

Status of the InternationalCovenants on Human Rights

On 16 December 1966, the General Assemblyadopted and opened for signature, ratification or

accession the International Covenant on Eco-nomic, Social and Cultural Rights and the Inter-

national Covenant on Civil and Political Rights to-

gether with its Optional Protocol.57

The International Covenant on Economic, So-

cial and Cultural Rights entered into force on 3

January 1976; the International Covenant on

Civil and Political Rights entered into force on 23

March 1976—both three months after the date of

deposit with the United Nations Secretary-

General of the thirty-fifth instrument of ratifica-

tion or accession. The Optional Protocol to the

latter Covenant entered into force simultaneouslywith that Covenant.

By 31 December 1978, 58 States had ratified or

acceded to the International Covenant on Eco-

nomic, Social and Cultural Rights: Australia, Aus-

tria, Barbados, Bulgaria, the Byelorussian SSR,

Canada, Chile, Colombia, Costa Rica, Cyprus,

Czechoslovakia, Denmark, the Dominican Repub-

lic, Ecuador, Finland, the Gambia, the German

Democratic Republic, the Federal Republic of

Germany, Guinea, Guyana, Hungary, Iran, Iraq,

Italy, Jamaica, Jordan, Kenya, Lebanon, the Lib-

yan Arab Jamahiriya, Madagascar, Mali, Mauri-

tius, Mongolia, the Netherlands, New Zealand,

Norway, Panama, Peru, the Philippines, Poland,

Portugal, Romania, Rwanda, Senegal, Spain, Sur-

iname, Sweden, the Syrian Arab Republic, Trini-

dad and Tobago, Tunisia, the Ukrainian SSR, the

USSR, the United Kingdom, the United Republic

of Tanzania, Uruguay, Venezuela, Yugoslavia

and Zaire.

The International Covenant on Civil and Politi-

cal Rights had been ratified or acceded to by all

the above States with the exception of Australia,

the Gambia and the Philippines. The Protocol to

that Covenant had been ratified or acceded to by

the following 21 States: Barbados, Canada, Co-

lombia, Costa Rica, Denmark, the Dominican Re-

public, Ecuador, Finland, Italy, Jamaica, Mada-

gascar, Mauritius, the Netherlands, Norway,

Panama, Senegal, Suriname, Sweden, Uruguay,

Venezuela and Zaire.

Ten of the States which ratified the Covenant

on Civil and Political Rights—the required num-

ber for entry into force of article 41 of the Cove-

nant—made declarations pursuant to that article,

recognizing the competence of the Human Rights

Committee, established under article 28, to re-

ceive and consider communications by a State

party claiming that another State party was not

fulfilling its obligations under the Covenant. The

States were Austria, Denmark, Finland, the Fed-

eral Republic of Germany, Italy, the Netherlands,

New Zealand, Norway, Sweden and the United

Kingdom.

At its 1978 session, on 24 February, the Com-

mission on Human Rights again invited all States

which had not done so to become parties to the

Covenants, to consider acceding to the Optional

56 See Y.U.N., 1975, p. 640, resolution 3451(XXX).57 See footnote 52.


Protocol to the Covenant on Civil and Political

Rights, and to consider making the declaration

under article 41 of that Covenant.

By another decision of the same date, the Com-

mission requested the Secretary-General to in-

form it of work done by the Economic and Social

Council in application of article 16 of the Cove-

nant on Economic, Social and Cultural Rights, by

which States parties undertook to submit progress

reports on measures they had adopted to achieve

the rights recognized in that Covenant.

At its 1978 organizational session, by decision

1978/1, adopted, without objection on 13 Janu-

ary, on a proposal by its President, the Economic

and Social Council requested one of its Vice-

Presidents to undertake consultations on the com-

position of the sessional working group which the

Council had decided in 1976 to set up to help

consider reports submitted by States parties un-

der articles 16 and 17 of the Covenant on Eco-

nomic, Social and Cultural Rights (article 17 pro-

vided for a biennial reporting programme for the

reports referred to in article 16; that programme

was further outlined in a Council resolution of 11

May 197658 and to invite Council members to no-

tify the Secretary-General if they wished to serve

on the working group. Fifteen States later in-

formed the Secretary-General of their willingness

to serve. (For decision, see DOCUMENTARY REFER-

ENCES below.)

By decision 1978/10, adopted on 3 May 1978,

the Council decided to establish such a sessional

working group composed of 15 Council members

which were also parties to the Covenant, to be ap-

pointed by the President from the five regional

groups of States, each allotted three members.

Further, the Council decided to invite as ob-

servers to the working group other Council mem-

bers, all States parties to the Covenant, interested

Member States and representatives of the special-

ized agencies concerned with the matters under

discussion. It asked the working group to make

recommendations concerning its methods of

work, and decided to review this decision con-

cerning the working group at its first regular ses-

sion of 1981, taking into account the principle of

equitable geographical distribution and the in-

crease in the number of States parties to the Cov-

enant.

The sponsors—Algeria, Canada, Finland,

Hungary, Iran, Iraq, Nigeria, Poland, Romania,

Rwanda, the Syrian Arab Republic, Tunisia,

Uganda, the Ukrainian SSR, the United Arab

Emirates, the United Republic of Tanzania, and

Yugoslavia—orally amended their original text to

delete a provision allowing for appointment of

non-members of the Council to the working

group if there were not enough Council members

which were States parties.

The draft decision, as orally amended, was

adopted by a roll-call vote of 38 to 2, with 7 ab-

stentions. France had requested the vote and the

Federal Republic of Germany had asked that it be

by roll call. (For text of decision and voting de-

tails, See DOCUMENTARY REFERENCES below.)

An oral amendment proposed by the United

States—whereby the Council would have estab-

lished a 19-member working group of Council

members which were also States parties, with five

from the African Group, four from the Asian

group, two from the Eastern European group,

four from the Latin American group, and four

from the group of Western European and other

States—was rejected by a roll-call vote, taken at

the request of the Federal Republic of Germany,

of 6 in favour to 24 against, with 14 abstentions.

France withdrew its two oral amendments, by

the first of which the Council would have autho-

rized its President to appoint to the working

group, after group consultations, Council mem-

bers which were not States parties to the Cove-

nant, and by the second would have deleted ref-

erence to taking into account, in its 1981 review,

the increase in the number of States parties to the

Covenant.

Mauritania proposed, but did not press, an

amendment by which the Council would not have

invited observers to the working group, but

would have invited specialized agencies to partici-

pate in accordance with the Council's rules of

procedure, which stated that the agencies were

entitled to participate without voting rights in ses-

sional bodies discussing items of interest to them.

In explanation of vote, the United Kingdomsaid that it had abstained because it considered a

decision on which there was no consensus could

not be a satisfactory basis for implementation of

so important a convention. Although Bangladesh

and Sweden did not believe that the decision fully

complied with the principle of equitable geo-

graphical distribution, they said that they had

voted in favour because the arrangements were

temporary and would be reviewed in 1981. Portu-

gal felt that the ambiguity of the Council's 1976resolution on the question of participation in the

working group had made a compromise neces-

sary; Portugal, as well as Jamaica, Mauritania,

Mexico, the Netherlands, the Philippines and the

USSR, said that they considered the text to be a

reasonable compromise.

Japan said that it had abstained because the

pattern provided for did not reflect the principle

of equitable geographical distribution and estab-

lished a dangerous precedent. Finland, Jamaica,

the Philippines and Sweden were among others

58 See Y.U.N., 1976, p. 615, resolution 1988(LX).


which noted that their position with regard to

that principle in general remained unchanged.

Also on 3 May, the Council adopted, without

vote, decision 1978/9, on an oral proposal by itsPresident, by which it requested the Secretary-

General to prepare for it an analytical summary

of the reports submitted by States parties to the

Covenant, based on procedures established by the

Council. It also decided that the sessional work-

ing group should be provided with summary rec-

ords of its proceedings. (For text of decision, see


As at 31 December 1978, 24 States parties had

submitted reports envisaged in article 16 of the

Covenant on Economic, Social and CulturalRights concerning their implementation of ar-

ticles 6 to 9 of that Covenant (concerning theright to work and to favourable conditions of

work, rights of trade unionists and the right to so-

cial security); the rights covered by articles 6 to 9

were to be reported on as the first stage of the

programme established by the Council on 11 May

1976.59 The reporting States were Australia, Bul-

garia, the Byelorussian SSR, Chile, Colombia, Cy-

prus, Czechoslovakia, Denmark, Ecuador, Fin-

land, the German Democratic Republic, the

Federal Republic of Germany, Hungary, Iran,

Mongolia, Norway, the Philippines, Poland, Ro-

mania, Sweden, Tunisia, the Ukrainian SSR, the

USSR and the United Kingdom. Reservations,

declarations or notifications concerning those ar-

ticles of the Covenant were made by Barbados,

Denmark, Norway, Sweden and the United King-

dom. In addition, the International Labour Or-

ganisation submitted a report by its Committee of

Experts on the Application of Conventions and

Recommendations on progress in achieving ob-servance of those articles.

The Human Rights Committee, set up under

the terms of the International Covenant on Civil

and Political Rights, held its third, fourth andfifth sessions during the year in New York and

Geneva. The Committee considered reports from

16 States parties—the Byelorussian SSR, Czecho-

slovakia, Denmark, Ecuador, the German Demo-

cratic Republic, the Federal Republic of Ger-

many, Iran, Jordan, the Libyan Arab Jamahiriya,

Madagascar, Mauritius, Norway, Sweden, the

USSR, the United Kingdom and Yugoslavia—on

action they had taken to give effect to the rights

recognized in the Covenant. The Committee

dealt in private meetings with a number of com-

munications before it under the Optional Proto-

col, parties to which recognized the Committee's

competence to deal with complaints from individ-

uals. It also decided that relevant parts of States

parties' reports contained in its published docu-

ments should be transmitted to the specialized

agencies concerned. It further decided on a

three-sessions-per-year schedule and that in fu-

ture it would adopt its annual report at the end of

the second (mid-year) session for transmission to

the General Assembly through the Economic and

Social Council.

On 18 September, the States parties to the In-

ternational Covenant on Civil and Political Rights

held their second meeting at United Nations

Headquarters, New York. Nine members of the

Human Rights Committee were elected to replace

those retiring on 31 December 1978.

On 3 August 1978, the Economic and Social

Council, having determined that time did not

permit consideration of the report of the Human

Rights Committee, authorized the Secretary-

General to transmit it to the General Assembly.

The Council took this action by decision 1978/61,

adopted, without vote, on the suggestion of the

Secretariat. (For decision, see DOCUMENTARY REF-

ERENCES below.)

The Assembly considered the Committee's re-

port at its 1978 regular session, together with a

report of the Secretary-General on the status of

the two International Covenants and the Op-

tional Protocol to the Covenant on Civil and Polit-

ical Rights.On 14 December, the Assembly adopted with-

out vote resolution 33/51 by which, among other

things, it reaffirmed the importance of the Cove-

nants, noted with appreciation the report of the

Human Rights Committee and expressed appre-

ciation for the co-operation of States parties to

the Covenant on Civil and Political Rights with

that Committee. It urged States parties to submit

their reports as speedily as possible and urged

those which had been requested to do so to sup-

ply the Committee with additional information. It

again invited States to become parties to the Cov-

enants and to consider acceding to the Protocol

and making the declaration under article 41 of

the Covenant on Civil and Political Rights. It also

emphasized the importance of strict compliance

with the obligations under that Covenant.The Assembly expressed the hope that the Eco-

nomic and Social Council would consider without

further delay the reports submitted to it under

the provisions of the International Covenant on

Economic, Social and Cultural Rights. It asked

the Secretary-General to report again in 1979 on

the status of the Covenants and Protocol. The As-

sembly also asked him to transmit the

Committee's annual reports to the Commission

on Human Rights, its Sub-Commission on Pre-


norities and the Committee on the Elimination of

Racial Discrimination, and to continue to keep

59 Ibid.


the Human Rights Committee informed of their

activities.

Further, it asked him, in view of the shortage

of staff and resources in the Secretariat Division

of Human Rights, to make suggestions for ade-

quate servicing resources for the Human Rights

Committee in his budget proposals for the bien-

nium 1980-1981.

Resolution 33/51 was adopted on the recom-mendation of the Third Committee, where the

text, sponsored by Canada, Colombia, Costa Rica,

Cyprus, Denmark, the Dominican Republic, Ec-

uador, the Federal Republic of Germany, Italy,Norway, and Sweden, was approved by consensus

on 8 December. (For text of resolution, see DOCU-


Reporting system on human rightsOn 5 May 1978, on the recommendation of its

Second Committee, the Economic and Social

Council adopted, without vote, resolution 1978/

20, by which it decided to exempt States partiesreporting to the Human Rights Committee under

the provisions of the International Covenant on

Civil and Political Rights from submitting reports

on similar questions under the periodic reporting

procedure established by the Council on 28 July

1965.60

The text had been approved, without objection,

by the Second Committee on 27 April, on a pro-

posal by the Federal Republic of Germany. (For

text of resolution, see DOCUMENTARY REFERENCES be-

low.)

Trade union rights

Protection of human rights ofarrested or detained trade union activists

At its 1978 regular session, the General Assem-

bly again discussed the protection of the human

rights of arrested or detained trade union activ-

ists.

By a resolution adopted without vote on 20 De-

cember, the Assembly reaffirmed the importance

of protecting the right to freedom of association

and recommended that special attention be paid

to violations of that right consisting of the arrest,

detention or exile of persons who had engaged in

trade union activities. The Assembly requested

Member States: to release those who might be un-

der arrest or detention, contrary to provisions of

international instruments, for their trade union

activities; to ensure that, pending their release,

their fundamental rights were fully protected, in-

cluding the right not to be subjected to torture or

other cruel, inhuman or degrading treatment or

punishment and the right to receive a fair hear-

ing; and to protect the human rights and funda-

mental freedoms of trade union leaders im-

prisoned as a result of their struggle against

colonialism, aggression and foreign occupation,

and for self-determination, independence, the

elimination of apartheid and all forms of racial dis-

crimination and racism.

Resolution 33/169, embodying these provisions,

was adopted on the recommendation of the

Third Committee, where the text, sponsored by

Barbados, Cuba, Cyprus, Denmark, Ecuador,

Finland, Ghana, Iceland, Jamaica, the Nether-

lands, Nigeria, Norway, Portugal, Spain and Swe-

den, was approved by consensus on 12 December.

(For text of resolution, see DOCUMENTARY REFER-

ENCES below.)

Allegations of infringements oftrade union rights in South Africa

At its first regular session of 1978, the Eco-

nomic and Social Council considered two reports

on allegations regarding infringements of trade

union rights in South Africa prepared, in re-

sponse to Council requests of 1977,61

by the AdHoc Working Group of Experts on southern Af-

rica of the Commission on Human Rights. The

reports dealt with communications from the In-

ternational Textile, Garment and Leather

Workers' Federation and the International Con-

federation of Free Trade Unions concerning the

arrest, banning and deaths of trade union activ-

ists, and analysed information received on this

matter in the light of international standards and

existing South African legislation.

One of the reports reproduced a part of the

Group's 1978 progress report to the Commission

and dealt with the suppression of the right to or-

ganize trade unions and the persecution of

workers because of their activities, especially as a

consequence of strike action. The Ad Hoc Work-

ing Group concluded in general that the repres-

sive South African legislation and practices were

in flagrant contradiction with international stand-

ards governing trade union rights and that South

Africa had, in the specific cases examined, deli-

berately violated trade union freedoms.

On 5 May 1978, on the recommendation of the

Second Committee, the Council adopted, without

vote, resolution 1978/21, by which it endorsed the

conclusions of the Ad Hoc Working Group con-

cerning violations of trade union rights in South

Africa, and condemned the continued infringe-

ment of those rights, in particular the repression

of African workers and their trade unions in

South Africa and Namibia. It called for the im-

mediate repeal of banning orders issued against

African and other trade unionists and an end to

the use of torture and cruel and inhuman treat-

60 See Y.U.N., 1965, p. 487, resolution 1074 C (XXXIX).

61 See Y.U.N., 1977, p. 726, decisions 236(LXII) and 237(LXII) of 13

May 1977.


ment of those detained for their political and

trade union activities. It also demanded the im-

mediate and unconditional recognition of all

trade union rights of African workers in South

Africa and Namibia.

In the Second Committee, the draft resolution

was approved without objection on 27 April, as

sponsored by Egypt, Mauritania, Nigeria,

Rwanda, the Sudan, Togo, Tunisia and the

United Republic of Cameroon. (For text of reso-

lution, See DOCUMENTARY REFERENCES below.)

Also on 5 May, the Council adopted without

vote decision 1978/28, by which it requested the

Ad Hoc Working Group to continue to study the

question of infringements of trade union rights

in South Africa and to report thereon to the

Commission on Human Rights and the Council

whenever it considered it appropriate (see also p.

680). The Second Committee had recommended

the text, without objection on 1 May, on an oral

proposal by the Committee Chairman. (For text

of decision, see DOCUMENTARY REFERENCES below.)

On 20 December, the General Assembly

adopted a decision (resolution 33/162) on thequestion of migratory labour in southern Africa,

annexing to the resolution a charter of rights for

migrant workers, by which, inter alia, the Assem-

bly affirmed the right of such workers to form

and join trade unions of their own choice, to par-

ticipate in collective bargaining on equal terms

with all other workers regardless of race, sex, po-

litical affiliation or religion, and to engage in

strike action in support of their demands. (For

details, see section below on HUMAN RIGHTS OF MI-

GRANT WORKERS; for text of resolution, refer to

INDEX OF RESOLUTIONS AND DECISIONS.)

Allegations of infringements oftrade union rights in Puerto Pico

The Secretary-General submitted to the Eco-

nomic and Social Council a communication dated

16 March 1978 from the International Labour

Office referring to the Council allegations of in-

fringements of trade union rights addressed to

the International Labour Organisation (ILO) by

the World Federation of Trade Unions (WFTU)

against the United States/Puerto Rico. The com-

plaint was referred to the Council in accordance

with a procedure established by the Council in

195062

whereby an allegation made against a

State which was not a member of ILO was to be re-

ferred to the Council in the first instance and for-

warded to ILO only with the consent of the Stateconcerned.

The communication from WFTU, dated 18 No-

vember 1977, alleged that one of two trade union

leaders arrested in Puerto Rico on 11 October

1977 had subsequently been found dead, his body

having been tortured.

In a letter dated 16 May 1978 addressed to theSecretary-General, the representative of the

United States stated that his Government gave its

consent to having the Council decide whether the

complaint was suitable for transmission to ILO.

On 21 July, on an oral proposal by the Council

President, the Council adopted, without objec-

tion, decision 1978/41 by which it decided to

transmit the complaint to the ILO Fact-Finding

and Conciliation Commission on Freedom of As-

sociation. (For text of decision, see DOCUMENTARY

REFERENCES below.)

Human rights of migrant workers

Measures to improve thesituation of migrant workers


mission on Human Rights again considered meas-

ures to improve the situation and ensure the hu-

man rights and dignity of all migrant workers. In

particular, the Commission considered the imple-

mentation of a General Assembly request of 16

December 197763 that, among other things, the

Commission and other United Nations organs

should study the question in depth.

On 8 March, the Commission adopted two res-

olutions on the subject, by the first of which it re-

quested Member States to strengthen measures toensure the welfare of the children and families of

migrant workers. It also requested United Na-

tions organizations to focus their activities on the

welfare of such families as part of their contribu-

tion to the International Year of the Child, 1979,

and to disseminate widely information on meas-

ures taken to alleviate their difficulties, and in-

vited Governments of host countries to consider

adopting measures to normalize the family life of

migrant workers by reunion with their families.

By the second resolution, the Commission re-quested the Secretary-General to prepare a re-

port outlining the work being done for migrant

workers by various organizations within the

United Nations system. It recommended for

adoption by the Economic and Social Council a

draft decision by which the Council would

authorize an open-ended working group to meet

in December 1978 to analyse the report and sub-

mit proposals to the Commission.

On 5 May 1978, on the recommendation of its

Second Committee, the Council adopted, without

vote, resolution 1978/22, by which it requestedthe Secretary-General to prepare the report rec-

ommended by the Commission and to bring it to

the attention of Member States before December

1978 for comment. It decided that an open-

62 See Y.U.N., 1950, p. 538, resolution 277(X) of 17 February 1950.63 See Y.U.N., 1977, p. 737, resolution 32/120.


ended working group should meet at Geneva at

the end of December 1978 to formulate specific

proposals for submission to the Commission at its

1979 session. The Council decided to examine

the question at its first regular session of 1979 in

the light of the Commission's report and of a re-

port on the welfare of migrant workers and their

families to be submitted to the Council by the

Commission for Social Development.64

In the Second Committee, the text was ap-

proved without objection on 1 May. The sponsors

were Algeria, Colombia, Cuba, the Dominican

Republic, Italy, Jamaica, Mexico, Romania,

Rwanda, Sweden, Tunisia and Yugoslavia. (For


below.)


on the recommendation of the Third Committee,

adopted resolution 33/163 on the same subject.

By this resolution, the Assembly called upon all

States, taking into account the relevant ILO instru-

ments and the International Convention on the

Elimination of All Forms of Racial Discrimina-

tion,65

to end and prevent discrimination against

migrant workers. It invited them to disseminate

as widely as possible, through the mass media, in-

formation to promote better understanding of

migrant workers' economic, social and cultural

contributions.

The Assembly invited host countries to prevent

activities prejudicial to migrant workers' interests,

to promote a normal family life for them by re-

uniting families, to ensure that their children re-

ceived equal treatment in education and training,

and to co-operate with the United Nations Educa-

t iona l , Scientific and Cultural Organization

( U N E S C O ) with a view to enabling workers and

their families to benefit from opportunities in ed-

ucation, so that they might participate fully in the

life of the society of the host country while pre-

serving their national and cultural identity.

The Assembly called upon all States to consider

ratifying the ILO Migrant Workers (Supplemen-

tary Provisions) Convention of 1975 and re-

quested the Secretary-General to explore with

Member States, and in co-operation with United

Nations agencies, particularly ILO, the possibility

of drawing up an international convention on the

rights of migrant workers.


recorded vote of 124 to 0, with 14 abstentions. In

the Third Committee, the text, sponsored by Af-

ghanistan, Algeria, Barbados, Burundi, Colom-

bia, Jamaica, Jordan, Lesotho, Mexico, Pakistan,

Romania, Rwanda, Senegal, Spain, Trinidad and

Tobago, Tunisia, Turkey, Yugoslavia and Zam-

bia, was approved on 12 December by a recorded

vote, taken at the request of Jordan, of 111 to 0,

with 14 abstentions. (For text of resolution and

voting details, see DOCUMENTARY REFERENCES be-

low.)

Australia, Israel and the United States, in ex-

planation of vote, said that they had abstained be-cause of a preambular paragraph by which the

provisions relating to migrant workers in the Dec-

laration and the Programme of Action adopted

by the World Conference to Combat Racism and

Racial Discrimination (see subchapter above)

were taken into consideration. The United King-

dom and the United States further noted that the

ILO Convention mentioned had not been sup-

ported by them.

Australia, Ireland, New Zealand and Norway

(speaking on behalf of the five Nordic countries)

pointed out that they could vote in favour be-

cause the reference to the World Conference doc-

ument concerned only the provisions on migrant

workers; other elements in that document were

unacceptable to them.

The Ivory Coast and Senegal expressed reser-

vations because the text failed to distinguish be-

tween demands made on developed countries

and those made on developing countries, which

might be unable to accord full equality to migrant

workers and their families. France felt that the

resolution should have been a procedural one;

since several paragraphs were substantive and

caused it legal difficulties, it had abstained.

The working group established under the

Council's resolution of 5 May 1978 met at Geneva

from 18 to 22 December, to discuss the report

which the Secretary-General had prepared out-

lining the work of United Nations organs in the

field of human rights of migrant workers. The

working group submitted to the Commission on

Human Rights, for consideration at its 1979 ses-

sion, a report containing a draft resolution on

proposed national and international action to im-

prove and ensure the human rights and dignity

of migrant workers and their families.

Migratory labour in southern AfricaIn April 1978, a Conference on Migratory La-

bour in Southern Africa, held at Lusaka, Zambia,

and organized by the Economic Commission for

Africa and ILO in co-operation with the Govern-

ment of Zambia and the liberation movements of

southern Africa recognized by the Organization

of African Unity (OAU), adopted a Charter of

Rights for Migrant Workers in Southern Africa.

In August, at the second regular 1978 session

of the Economic and Social Council, Algeria, Bot-

swana, Cape Verde, Egypt, Ethiopia, Guinea-

Bissau, Kenya, Lesotho, Mauritania, Nigeria, Sen-

egal, Somalia, the Sudan, Togo, Tunisia, Uganda,

64 See Y.U.N., 1975, p. 683, resolution 1926 A (LVIII) of 6 May 1975.65 See Y.U.N., 1965, p. 440, resolution 2106 A (XX) of 21 December



the United Republic of Cameroon, the United

Republic of Tanzania, the Upper Volta and Zam-

bia, introduced a draft resolution on migratory

labour in southern Africa which included as an

annex the Charter adopted at the Lusaka Confer-

ence.

On 3 August, the Council, on an oral proposal

by its President, adopted, without vote, decision

1978/59, by which it took note of the draft resolu-

tion and transmitted it to the General Assembly

for consideration at its 1978 regular session. (For

decision, see DOCUMENTARY REFERENCES below.)

Following the consideration of this question,

the Assembly's Third Committee approved by

consensus, on 12 December, the draft resolution

transmitted by the Council, as orally amended by

Ghana with a subamendment by the Philippines.

The Assembly adopted, without vote on 20 De-

cember, the text recommended by the Committee

as resolution 33/162.

By the resolution, the Assembly expressed its

awareness of the need to eliminate the heavy de-

pendence of Botswana, Lesotho, Malawi, Mozam-

bique, Namibia and Swaziland on their supply of

migrant labour to South Africa, and expressed its

conviction that that migrant labour system perpet-

uated apartheid and retarded the supplier States'

social and economic advancement. The Assembly

said it realized that the weak position of those

States to take remedial action individually called

for urgent concerted action and co-operation

among themselves and by the international com-

munity.

The Assembly endorsed the Charter of Rights

for Migrant Workers in Southern Africa adopted

by the Lusaka Conference. It urged all Member

States and United Nations and other interna-

tional organizations to extend material, financial,

technical and political support to the African

States affected by the migration of labour to

South Africa to initiate and implement specific

development programmes and projects aimed atenabling them to use fully their labour force for

their own economic development and thereby

eliminate the need to export such labour to South

Africa.

The Charter of Rights for Migrant Workers in

Southern Africa set forth in two chapters com-

prising 15 articles the rights of association, move-

ment and residence, including the rights of

choice of occupation, vocational training and edu-

cation and equal pay for equal work, as well as

rights sought for a decent standard of living, in-

cluding sufficient wages, protection against occu-

pational accidents and diseases, death and disabil-

ity compensation, medical services and sick leave,

paid holidays, pensions, collective bargaining, un-

employment benefits and sexual non-

discrimination.

(For text of resolution and annex, see DOCU-


National institutions and regionalarrangements for promoting human rights

National institutionsAt its 1978 session, the Commission on Human

Rights adopted, on 8 March, a resolution by

which it invited Member States to set up national

institutions for the promotion and protection of

human rights. The Commission decided that the

seminar on national and local institutions in the

field of human rights, to be held under the advi-

sory services programme in September 1978 (see

subchapter above on ADVISORY SERVICES IN HUMAN

RIGHTS), should suggest possible guidelines for

the structure and functioning of national institu-

tions.

The Commission attached as an annex to the

resolution suggestions of possible educational, ad-

visory, research and other functions which such

institutions could perform.

The Commission requested the Secretary-

General to circulate both the resolution and the

guidelines, when formulated, to all Member

States for their comments and suggestions, and to

report to the Commission on the matter before its

1979 session.

At a plenary meeting of the General Assembly,

Bangladesh, Ecuador, the Federal Republic of

Germany, Guatemala, India, Jamaica, Jordan,

Morocco, Nigeria, Norway, the Philippines and

Senegal introduced a draft resolution on national

institutions which, on 14 December 1978, the As-

sembly adopted without vote as its resolution 33/

46.

By the resolution, the Assembly took note with

appreciation of the report of the Seminar on Na-

tional and Local Institutions for the Promotion

and Protection of Human Rights, held at Geneva

from 18 to 29 September 1978. It requested

Member States to communicate to the Secretary-

General their comments on the institutional

guidelines suggested by the Seminar, and their

comments on their own experience of existing in-

stitutions, for the information of and consider-

ation by the Commission on Human Rights. The

Assembly requested the Commission to make rec-

ommendations on the basis of the information

thus received for the guidance of Member States

in setting up such institutions.

The Assembly also asked the Secretary-General

to ensure that participation of Member States in

seminars organized at a world-wide level was based

on the principle of equitable geographical repre-sentation. (For text of resolution, see DOCUMEN-



Regional arrangementsOn 8 March 1978, the Commission on Human

Rights adopted a resolution by which it again re-

quested the Secretary-General to consider the

possibility of arranging regional seminars, under

the programme of advisory services in the field of

human rights, to discuss the advisability of estab-

lishing regional commissions on human rights

where none existed. It asked him, if requested, to

assist OAU in facilitating the establishment of such

a regional commission for Africa.

The Secretary-General informed the General

Assembly in a report to its 1978 regular session

that, unless special funds were provided, he

would find it difficult to comply with the

Assembly's 1977 request66

to him that the estab-

lishment of regional commissions should be given

priority.

On 20 December, on the recommendation of

the Third Committee, the Assembly adopted,without vote, resolution 33/167 by which it reiter-

ated its appeal to States in areas where no re-

gional arrangements in the field of human rights

existed to consider agreements with a view to es-

tablishing such regional machinery. It again re-

quested the Secretary-General to give priority,

under the advisory services programme, to semi-

nars to discuss the subject; it asked him to orga-

nize at least one such seminar during 1979, when

he was to report on implementation of the resolu-

tion.

The sponsors of the resolution were Canada,

Costa Rica, the Federal Republic of Germany,

Ghana, Ireland, Italy, the Ivory Coast, Jamaica,

Kenya, Lesotho, Liberia, the Netherlands, New

Zealand, Nigeria, Norway, Senegal, Sierra Leone,

Spain, Suriname, Swaziland, Sweden, the United

Kingdom, the United States and Zambia. The

text was approved by consensus by the Third

Committee on 12 December. (For text of resolu-

tion, See DOCUMENTARY REFERENCES below.)

Human rights and scientificand technological developments

On 10 February 1978, at its fourth session, the

Economic and Social Council's Committee on Sci-

ence and Technology for Development took note

of a note by the Secretary-General, which up-

dated information on the work and decisions of

the Commission on Human Rights and the Gen-

eral Assembly since the Committee's third session

in 1976 on the question of human rights in the

light of scientific and technological developments,

and drew the attention of the Preparatory Com-

mittee for the United Nations Conference on Sci-

ence and Technology for Development to rele-

vant resolutions mentioned therein (see p. 556).

Later in the year, the Sub-Commission on Pre-


norities, which had the item on its agenda at its

August/September 1978 session, decided to post-

pone consideration of the subject of human rights

and scientific and technological developments un-

til its 1979 session.At its 1978 regular session, the General Assem-

bly had before it a note by the Secretary-General

outlining decisions taken by the United Nations

since 1968 to ensure that human rights were pro-

moted, and not adversely affected, by scientific

and technological developments.

On 14 December, on the recommendation of

the Third Committee, the Assembly adopted a

resolution by which it recalled that the Commis-

sion on Human Rights had requested its Sub-

Commission to study the question of the protec-

tion of those detained on grounds of mental

ill-health with a view to formulating guidelines,

and to submit a progress report to the Commis-sion. The Assembly requested the Commission to

urge that that study be undertaken as a matter of

priority by the Sub-Commission and to submit a

progress report to the Assembly at its 1980 regu-lar session.


recorded vote of 83 to 0, with 48 abstentions. In

the Third Committee, the text, sponsored by the

United Kingdom, was approved on 6 December

by 79 votes to 0, with 46 abstentions.The Byelorussian SSR withdrew an amend-

ment to add preambular provisions bearing in

mind the Commission's instruction to the Sub-

Commission to examine studies relating to the ap-

plication of provisions and principles contained

in the Declaration on the Use of Scientific and

Technological Progress in the Interests of Peace

and for the Benefit of Mankind,67

in particular

those relating to the transfer of technology and

scientific knowledge to developing countries in

the light of the Declaration's provisions, and not-

ing the urgent need to make use of scientific and

technological developments exclusively for the

benefit of peace, social progress and enhance-

ment of the dignity and worth of the human per-

son.

The Byelorussian SSR would also have added

an operative paragraph to request the Commis-

sion to instruct the Sub-Commission to examine,

as a matter of priority, and report on studies re-

lating to the implementation of the Declaration; it

also would, in the paragraph requesting priority

study of detainees for ill-health, have requested

the progress report to be made to the Commis-

sion rather than to the Assembly, deleting refer-

ence to its priority.

66 See Y.U.N., 1977, p. 740, resolution 32/127 of 16 December 1977.67 See Y.U.N., 1975, p. 631, resolution 3384(XXX) of 10 November

1975, containing text of Declaration.


(For text of resolution and voting details, see


Thirtieth anniversary of theUniversal Declaration of Human Rights

By a resolution of 16 December 1977,68

the

General Assembly had invited Member States, the

specialized agencies and other organizations to

take measures to celebrate the thirtieth anniver-

sary of the Universal Declaration of Human

Rights,69

and had requested the Secretary-

General to initiate appropriate activities at the

United Nations level, including, among other

things, a special commemorative meeting and

special events on or around 10 December 1978(Human Rights Day), a special seminar, and the

awarding of human rights prizes. The Secretary-

General, on 20 October, outlined to the Assembly

at its 1978 regular session the activities under-

taken during the year in accordance with the

Assembly's resolution, and gave details of ar-

rangements made to mark the thirtieth anniver-

sary.

On 10 November, the Assembly, by decision

33/403 adopted without objection, approved a

recommendation of its Special Committee to Se-lect the Winners of the United Nations Human

Rights Prize to increase to eight the number of

awards for outstanding contributions to the pro-

motion and protection of human rights, and

prizes were awarded to organizations as well as

individuals.

The winners were the Begum Ra'Ana LiaquatAli Khan, Prince Sadruddin Aga Khan, the Rev-

erend Martin Luther King, Jr. (posthumously),

Helen Suzman, Amnesty International, the Inter-

national Committee of the Red Cross (ICRC), the

Union nationale des femmes de Tunisie, and the

Vicaría de la Solidaridad, Santiago, Chile. Theprizes were awarded at a special ceremony held at

United Nations Headquarters on 11 December.On the same day, the Assembly held special

commemorative meetings which were addressed

by the Secretary-General, the President of the

General Assembly and representatives of Mem-

ber States. Messages transmitted to the Assembly

by the Secretary-General were received from 21

heads of State or Government: Afghanistan,Bangladesh, Bolivia, Botswana, Costa Rica, Cy-

prus, Egypt, France, Greece, the Holy See, Italy,the Netherlands, Panama, Peru, Spain, the Su-

dan, the Syrian Arab Republic, Turkey, the

United States, the Upper Volta and Venezuela.

In addition, the Netherlands, on 30 November,transmitted the text of the Declaration on Human

Rights adopted by the Committee of Ministers ofthe Council of Europe on 27 April 1978. Con-

certs to mark the anniversary were held on 10

December at United Nations Headquarters and at

Geneva.Other activities organized during the year in

connexion with the anniversary included a Semi-

nar on National and Local Institutions for thePromotion and Protection of Human Rights, in

September (see subchapter above on ADVISORY

SERVICES IN HUMAN RIGHTS'), and an International

Congress on the Teaching of Human Rights, or-

ganized by UNESCO in collaboration with the Aus-

trian Government and held at Vienna from 12 to

16 September.

An updated version of the publication HumanRights: A Compilation of International Instruments of

the United Nations and a revised edition of thebooklet The United Nations and Human Rights were

issued to mark the anniversary.

On 4 December 195070 the Assembly had in-

vited all States and international organizations to

observe 10 December of each year as Human

Rights Day and to report annually on their ob-

servance of the Day. The Secretary-General re-

ported to the Assembly on 8 November 1978 on

information received from 25 States on their ob-

servance of Human Rights Day, 1977: Afghani-

stan, Austria, Botswana, Bulgaria, the Byelorus-

sian SSR, Cyprus, the Dominican Republic,Egypt, the German Democratic Republic, Ghana,

Greece, Hungary, India, Iran, Kuwait, New

Zealand, Nicaragua, Papua New Guinea, Senegal,

Seychelles, the Sudan, Tonga, Turkey, the

Ukrainian SSR and the USSR.

Draft principles on equalityand non-discrimination in respect ofpersons born out of wedlock

At its first regular session of 1978, the Eco-

nomic and Social Council considered a note by

the Secretary-General containing replies fromGovernments to a request for comments

71 on a

set of draft general principles on equality and

non-discrimination in respect of persons born outof wedlock which had been drawn up in 1976 by

the Sub-Commission on Prevention of Discrimi-

nation and Protection of Minorities.

On 5 May 1978, the Council, on the recom-mendation of its Second Committee, adopted,

without vote, resolution 1978/23, by which it re-

quested Governments which had not done so tosubmit as soon as possible their comments con-

cerning the draft general principles. The Council

decided to consider the draft principles at its first

regular session of 1979, with a view to their possi-ble approval. In the Second Committee, the text

68 See Y.U.N., 1977, p. 739, resolution 32/123.69 See footnote 51.70 See Y.U.N., 1950, p. 555, resolution 423(V).71 See Y.U.N., 1977, p. 731.


had been approved, without objection on 27

April, on a proposal by Algeria, Italy, Jamaica

and Sweden.


ERENCES below.)

The 38 Governments which submitted com-

ments during the year were Argentina, Australia,

Austria, Burundi, Cape Verde, Cyprus, Ecuador,

Egypt, Finland, France, the German Democratic

Republic, the Federal Republic of Germany, the

Holy See, Indonesia, Iran, Iraq, Japan, Luxem-

bourg, Madagascar, Malawi, Mauritius, Mexico,

Morocco, the Netherlands, New Zealand, the

Philippines, Sri Lanka, Suriname, Sweden, Switz-

erland, Thailand, Tunisia, the United Arab Emir-

ates, the United Kingdom, the United States, the

Upper Volta, Venezuela and Zambia.

Studies of specific rights or groups of rights

Rights of national, ethnic,religious and linguistic minorities

As part of its programme of studies on human

rights questions, the Sub-Commission on Preven-

tion of Discrimination and Protection of Minori-

ties had approved in 1977 a study by its Special

Rapporteur, Francesco Capotorti (Italy), on the

rights of persons belonging to national, ethnic,

religious and linguistic minorities and had recom-

mended to the Commission on Human Rights

that it should consider drafting a declaration on

the rights of minorities.72


mission set up an open-ended working group to

consider the question of a draft declaration in the

light of the Special Rapporteur's study and of a

draft declaration submitted by Yugoslavia.

On 6 March, the Commission adopted a resolu-

tion by which it requested the Secretary-General

to transmit the relevant documents of the Com-

mission and the Sub-Commission to Governments

for their comments. It also adopted a draft reso-

lution concerning the Special Rapporteur's study

for action by the Economic and Social Council. By

that text, which the Council adopted without vote

on 5 May as resolution 1978/16, the Council ex-

pressed appreciation to the Special Rapporteur

for his study and requested the Secretary-General

to have it printed and disseminated as widely as

possible. The Second Committee had approved

the Commission's text without vote on 27 April

and recommended it to the Council for adoption.


ERENCES below.)

Protection of human rights of non-citizensIn 1977, the Sub-Commission had requested

the Secretary-General to circulate to Govern-

ments for their comments a draft declaration on

the legal protection of the human rights of indi-

viduals who were not citizens of the country in

which they lived. It decided to consider again in

1978 a study on the topic, which, as well as the

draft declaration, had been prepared by its Spe-

cial Rapporteur, Baroness Elles (United King-

dom).

At its August/September 1978 session, the Sub-

Commission considered the draft declaration, as

revised in the light of comments received from

Governments, and, expressing its appreciation to

the Special Rapporteur, requested her to present

the study and the draft declaration, as further re-

vised during the Sub-Commission's session, to the

Commission on Human Rights at its 1979 session.

It requested the Secretary-General to draw the

attention of the Economic and Social Council and

the Human Rights Committee specifically to the

Special Rapporteur's recommendations that

States parties to the International Covenant on

Economic, Social and Cultural Rights and to the

International Covenant on Civil and Political

Rights73

should indicate in their reports submit-

ted in accordance with those Covenants progress

made in protecting the rights of aliens. The Sub-

Commission also asked her to transmit to the In-

ternational Institute for the Unification of Private

Law a further recommendation that the Institute

should study and make proposals on the approxi-

mation and simplification of laws relating to the

acquisition of citizenship, especially as between

countries within a geographical region.

The Sub-Commission recommended to the

Commission and the Council that the study and

draft declaration be printed and distributed as

widely as possible.

Other studies of specificrights or groups of rights

On 24 February 1978, the Commission on Hu-

man Rights decided to consider at its 1979 session

the question of updating a report on the realiza-

tion of economic, social, and cultural rights pre-

pared by its Special Rapporteur, Manouchehr

Ganji (Iran), in the light of a study to be submit-

ted to that session by the Secretary-General on

the international dimensions of the right to devel-

opment as a human right in relation with other

human rights based on international co-

operation, including the right to peace, taking

into account the requirements of the new interna-

tional economic order and fundamental human

needs.

At its August/September session, the Sub-


Protection of Minorities decided to discuss an

72Ibid., p. 730.73 See footnote 52.


item on the new international economic orderand the promotion of human rights at its 1979session.

The Sub-Commission also considered a final

report on the question of the prevention and

punishment of the crime of genocide, prepared

by its Special Rapporteur, Nicodeme Ruhashy-

ankiko (Rwanda). The study outlined the history

of the adoption of the various articles of the 1948

Convention on the Prevention and Punishment

of the Crime of Genocide74

and examined contro-

versies in the literature concerning the interpre-tation and value of those articles. It also con-

tained recommendations made by the Special

Rapporteur, who felt that the 1948 Convention

should not be interpreted in broader terms than

those envisaged by the signatories; it would be

better to prepare new instruments and the ques-

tion of universal jurisdiction over genocide

should be reconsidered.

On 13 September 1978, the Sub-Commission

decided to transmit the report to the 1979 session

of the Commission on Human Rights and to rec-

ommend to the Commission and the Economic

and Social Council that it be given the widest pos-

sible distribution.

The Sub-Commission, having heard a state-

ment that recent developments in the field had

necessitated the postponement of a study under

preparation by its Special Rapporteur, Erica-

Irene Daes (Greece), on the individual's duties to

the community and the limitations on humanrights and freedoms under article 29 of the Uni-

versal Declaration of Human Rights,75

decided on

11 September to consider the question at its 1979session.

The Sub-Commission also considered a pro-

gress report by its Special Rapporteur, José R.

Martinez Cobo (Ecuador), regarding his study on

the problem of discrimination against indigenouspopulations, and deferred consideration of the

study to its 1979 session.

In connexion with its future work programme,

the Sub-Commission decided on 6 September to

ask the Secretariat to submit to its 1979 session a

list of the studies prepared for it in recent years,

indicating whether they were available or beingreprinted.

(For other studies by the Sub-Commission, see

subchapter above on IMPORTANCE OF THE RIGHT

TO SELF-DETERMINATION.)

Slavery, including slavery-likepractices of apartheid and colonialism

During its biennial consideration of the ques-

tion of slavery and the slave trade in all their

practices and manifestations, including the slav-

ery-like practices of apartheid and colonialism, the

Sub-Commission on Prevention of Discrimination

and Protection of Minorities had before it the

third and fourth reports of its Working Group on

Slavery, the former having been submitted to the

Sub-Commission in 1977.76

The report of the

Working Group's fourth session, which was held

at Geneva in August 1978, recommended among

other things that studies should be undertaken

on specific aspects of slavery and that a 1966 re-

port on slavery77

should be updated.The Sub-Commission submitted a draft resolu-

tion for adoption by the Commission on Human

Rights recommending to the Economic and SocialCouncil that it authorize the appointment of

Benjamin Charles George Whitaker (United

Kingdom) as its Special Rapporteur to extend

and update the 1966 study.

By a further resolution of 13 September, the

Sub-Commission, among other things, urged

States which had not ratified international instru-

ments concerning slavery, traffic in persons,

prostitution, minimum age for employment, and

compulsory labour, to do so without delay. It also

requested: the Secretary-General to transmit the

Working Group's reports to Governments for

comment; the Working Group to co-operate with

United Nations organs by undertaking joint stud-

ies and exchanging information on the exploita-

tion of child labour; the United Nations

Children's Fund to gather evidence for the Work-

ing Group concerning the sale of children; the

Secretary-General to undertake studies on debt

bondage and on apartheid and colonialism as col-

lective forms of slavery; and the Commission and

the Economic and Social Council to extend the

pre-session meetings of the Working Group to

five days. The Sub-Commission invited ILO to

bring the Working Group's reports to the atten-

tion of its Committee of Experts on the Applica-

tion of Conventions and Recommendations, and

invited Governments which needed assistance in

solving their problems in this field to avail them-

selves of ILO'S technical assistance programme.

Convention on the rights of the childAt its 1978 session, the Commission on Human

Rights had before it a draft convention on the

rights of the child, submitted by Poland and

based on the principles of the Declaration on the

Rights of the Child adopted by the General As-

sembly in 1959.78

The Commission, on 8 March, adopted a reso-

lution—annexing to it the draft convention—by

74 See Y.U.N., 1948-49, p. 959, resolution 260 A (III) of 9 December1948, annexing text of Convention.

75 See footnote 51.76 See Y.U.N., 1977, p. 728.77 See Y.U.N., 1966, p. 478.78 See Y.U.N., 1959, p. 198, resolution 1386(XIV) of 20 November 1959,



which it requested the Secretary-General to trans-

mit the draft convention to Member States, spe-

cialized agencies and regional intergovernmental

and non-governmental organizations for their

views and suggestions; it decided to examine the

draft in 1979 as one of its priorities with a view to

submitting a completed draft to the General As-

sembly at its 1979 regular session. It recom-

mended for adoption by the Economic and Social

Council a draft resolution which the Council

adopted without vote on 5 May 1978 as resolution

1978/18.

By this resolution—which was adopted on the

recommendation of the Second Committee where

the text was approved without vote on 27 April—

the Council, bearing in mind that the Assembly

had proclaimed 1979 as the International Year of

the Child, took note with satisfaction of the initia-

tive taken by the Commission with a view to con-

cluding a convention on the rights of the child

and its adoption by the Assembly, if possible dur-

ing the Year of the Child, and recommended that

the Assembly consider giving priority to adopting

such a convention at its 1979 regular session (see

also p. 627). (For text of resolution, see DOCUMEN-


On 20 December 1978, on the recommenda-

tion of the Third Committee, the Assembly

adopted, without vote, resolution 33/166 by which

it requested the Commission to organize its work

on the draft convention in 1979 so that it might

be ready for adoption if possible during the In-

ternational Year of the Child. In the Third Com-

mittee the text, sponsored by Austria, Bulgaria,

Cuba, Cyprus, the German Democratic Republic,

Guatemala, Jordan, Mongolia, Peru, the Philip-

pines, Poland, Suriname and the Syrian Arab Re-

public, was approved by consensus on 8 Decem-

ber. The United States withdrew amendments

which included changing those operative provi-

sions to one by which the Assembly would have

requested the Commission to submit to it in 1979,

through the Council, a progress report on the

Commission's consideration of the draft conven-

tion.


ERENCES below.)

Disappeared personsAt the General Assembly's 1978 regular ses-

sion, the Third Committee discussed a draft reso-

lution submitted by 25 powers on the question of

persons who had disappeared in various parts of

the world as a result of action by law enforcement

or security authorities.

On 12 December, the Committee approved by

consensus the draft resolution which the Assem-

bly adopted without vote on 20 December as reso-

lution 33/173.

By this resolution, the Assembly expressed

deep concern at reports of enforced or involun-

tary disappearances as a result of excesses on the

part of law enforcement or security authorities, as

well as of unlawful actions or widespread vio-

lence. It was concerned also by reports of difficul-

ties in obtaining reliable information about disap-peared persons, including reports of the

persistent refusal of authorities to acknowledge

holding them in custody.

The Assembly called upon Governments: to

undertake speedy and impartial investigations of

reports of enforced or involuntary disappear-

ances; to ensure that law enforcement authorities

were fully accountable, especially in law, in the

discharge of their duties; to ensure that the hu-

man rights of all persons, including those de-

tained or imprisoned, were fully respected; and

to co-operate with other Governments, United

Nations organs, specialized agencies, intergovern-

mental organizations and humanitarian bodies in

the search for disappeared persons.

The Assembly requested the Commission on

Human Rights to consider the question of disap-

peared persons with a view to making recommen-

dations, urged the Secretary-General to continue

to use his good offices in cases of disappeared

persons, drawing as appropriate on the experi-

ence of ICRC, and requested that the Assembly's

concern be brought to the attention of Govern-

ments, regional and interregional organizations

and specialized agencies in order to convey ur-

gently the need for disinterested humanitarian

action to determine the fate of disappeared per-

sons.

(For text of resolution and list of sponsors, see .


Review and co-ordination of human rightsprogrammes of organizations in the UnitedNations system and co-operation with otherinternational programmes in human rights

At the General Assembly's 1978 regular ses-

sion, an item entitled "Review and co-ordination

of human rights programmes of organizations in

the United Nations system and co-operation with

other international programmes in the field of

human rights" was included in the agenda at the

request of Ecuador, Portugal, Spain, Sweden and

the United States which, in an explanatory mem-

orandum annexed to their letter of request dated

18 August 1978, stated that in their view a

process was needed whereby the Assembly could

review annually the work of various international

institutions and agencies and compare and ana-

lyse their efforts to promote and protect human

rights as set forth in the Charter of the United

Nations, the Universal Declaration of Human


Rights79

and the International Covenants on Hu-

man Rights.80

By resolution 33/54, sponsored by those same

States and adopted on 14 December 1978, the As-

sembly requested the Commission on Human

Rights, in the context of its over-all analysis of al-

ternative approaches and ways and means within

the United Nations system to improve the enjoy-

ment of human rights and fundamental freedoms

(see p. 711), to consult with specialized agencies

and other concerned organs and bodies of the

United Nations system and, as appropriate, with

other United Nations—related regional intergov-

ernmental bodies concerned with human rights,

on their various activities and programmes and

on their existing modes of co-ordination, co-

operation and communication.

The Assembly further requested the Commis-sion to submit to it in 1979, through the Council,

a study of existing modes of co-ordination, co-

operation and communication in the human

rights field within the system and to make appro-

priate suggestions and proposals. (For text of

resolution, see DOCUMENTARY REFERENCES below.)

The Assembly adopted resolution 33/54, with-

out vote, on the recommendation of the Third

Committee, where the text was approved by con-

sensus on 6 December.

France orally proposed—and the sponsors ac-

cepted, with a subamendment by Ecuador—an

amendment to a preambular paragraph indica-

ting the Assembly's awareness of its responsibili-

ties under Article 13 of the Charter81

to initiatestudies and make recommendations for promot-

ing international co-operation in various fields

and assisting in the realization of human rights

and fundamental freedoms without distinction;

the responsibilities enumerated reproduced the

text of Article 13 (1) (b).

An oral amendment by the USSR to indicate

that the regional intergovernmental bodies to be

consulted on human rights activities and pro-

grammes were to be those related to the United

Nations system was approved by 43 votes to 37,

with 44 abstentions. A second USSR oral amend-

ment, approved by 42 votes to 36, with 45 absten-

tions, proposed the wording used in the request

to the Commission for suggestions and proposals

it deemed appropriate to make, instead of the

original text requesting suggestions and pro-

posals for arrangements regarding the review

and improvement of co-ordination, co-operation

and communication among the specialized agen-

cies and other organs and bodies of the system inthe human rights field.

Freedom of informationOn 18 December 1978, the General Assembly,

without adopting a formal resolution, decided

without vote to include the question of freedom

of information, and its two components—a draft

declaration and a draft convention on freedom of

information—in the provisional agenda of its

1979 regular session, in view of the fact that theitem had not been substantively considered at its

current session nor had a specific draft resolution

been introduced.

This action was taken in adopting decision 33/

425, on the recommendation of the Special Politi-

cal Committee, which had approved the text,without vote on 8 December, on a proposal by

Costa Rica.

United Nations Yearbook on Human RightsFrom 1946 to 1972, the United Nations Yearbook

on Human Rights was prepared on an annual basis

and presented in conformity with guidance given

over the years by the Economic and Social Coun-

cil. In 1973, the Council laid down new directivesfor the Yearbook and decided that it would be is-

sued every two years, beginning with the 1973-

1974 issue.82

On 20 December 1978, the General Assembly

adopted resolution 33/171 by which it stated, inter

alia, that its Human Rights Committee had ex-

pressed the wish to have some of its documents

recorded in a yearbook. The Assembly requested

the Commission on Human Rights at its 1979 ses-

sion to review the objectives, contents and format

of the Yearbook with a view to recommending any

needed changes, such as the inclusion of docu-

ments of the Human Rights Committee and the

Committee on the Elimination of Racial Discrimi-

nation, in order to disseminate information on

human rights more widely. The Assembly re-

quested the Secretary-General to submit sugges-

tions thereon to the Commission.


as recommended by the Third Committee, which

had approved the text by consensus on 12 De-cember. The text was sponsored by Australia,

Austria, Canada, Colombia, the Netherlands and

Suriname.


ERENCES below.)

Methods and long-term programme of workWhen the Commission on Human Rights con-

sidered its methods and long-term programme of

work at its 1978 session, concern was expressed at

the lack of adequate resources available to imple-

ment effectively the United Nations human rights

programme. The Commission adopted a resolu-

79 See footnote 51.

80 See footnote 52.

81 For text of Article 13 of the Charter, see APPENDIX II.82 See Y.U.N., 1973, p. 581, resolution 1793(LIV) of 18 May 1973.


tion on the subject on 8 March, by which it rec-

ommended a draft resolution to the Economic

and Social Council for adoption.

By this draft, which the Council adopted with-

out vote on 5 May as resolution 1978/19, the

Council invited the General Assembly at its 1978

regular session to consider appropriate action to

increase, within the limits of available resources,

the budget allocations to the human rights pro-

gramme.

The Council's Second Committee had ap-

proved, without vote, on 27 April the text recom-

mended by the Commission. (For text of resolu-

tion, See DOCUMENTARY REFERENCES below.)

At its August/September 1978 session, the Sub-Commission on Prevention of Discrimination and

Protection of Minorities requested, in view of the

heavy work-load of both the Sub-Commission and

the Division of Human Rights—which prepared

documents for its sessions—that the Commission

on Human Rights recommend to the Council that

it authorize the Sub-Commission to meet twice a

year for three weeks, alternately at New York and

Geneva, one of these sessions taking place a

month before the Commission's annual session.

Eight agenda items per session would be the max-

imum and documents would be available six

weeks before each session.


Alternative approaches and ways to improvethe effective enjoyment of human rightsand fundamental freedoms, including thecreation of a post of High Commissioner


E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters VIII, IXand XXVI A (resolution 26(XXXIV) and B (decision 8(XXXIV))and Annex III. I.

E/1978/34, Chapter I B. Draft decision 1, as submitted by Com-mission for action by Economic and Social Council and asorally amended by Argentina, approved without objection bySecond Committee on 27 April 1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft decision I.


At its 15th plenary meeting, on 5 May 1978, the Council, takingnote of resolution 26(XXXIV) of 8 March 1978 of the Commissionon Human Rights, authorized the establishment of an open-ended working group of the Commission, which would meet forone week immediately before the Commission's thirty-fifth ses-sion to continue the consideration of matters mentioned in Com-mission decision 4(XXXIII) of 21 February 1977, as well as thosereferred to the Commission by the General Assembly in its reso-lution 32/130 of 16 December 1977, and decided to request theSecretary-General to bring to the attention of the General Assem-bly Commission resolution 26(XXXIV) and the relevant chapter ofthe Commission's report in pursuance of Assembly resolution 32/130.

General Assembly—33rd sessionGeneral Committee, meeting 1.Third Committee, meetings 53-59, 61 -64, 67, 68.Plenary meetings 4, 86.

A/33/142. Letter of 18 July from Costa Rica (request for inclusionof item in provisional agenda entitled: "Creation of the post ofUnited Nations High Commissioner for Human Rights").

A/33/143 and Corr.1. Status of international conventions in fieldof human rights in respect of which Secretary-General per-forms depositary functions. Report of Secretary-General.

A/33/151. Letter of 14 June from Senegal (transmitting resolu-tions of 9th Islamic Conference of Ministers for Foreign Affairs,Dakar, 24-28 April 1978).

A/33/206. Letter of 6 September from Yugoslavia (transmitting

documents of Conference of Ministers for Foreign Affairs ofNon-Aligned Countries, Belgrade, 25-30 July 1978).

A/33/250. First report of General Committee, para. 20.A/C.3/33/L.46. Angola, Argentina, Bangladesh, Benin, Bulgaria,

Burundi, Cuba, Egypt, Finland, Hungary, India, Jamaica, Jor-dan, Libyan Arab Jamahiriya, Madagascar, New Zealand,Oman, Pakistan, Papua New Guinea, Peru, Philippines, Roma-nia, Sweden, Syrian Arab Republic, United Republic of Tanza-nia, Viet Nam, Yemen, Yugoslavia, Zambia: draft resolution, asorally amended by France and by sponsors, approved by con-sensus by Third Committee on 6 December 1978, meeting 68.

A/33/473 and Corr.1. Report of Third Committee, draft resolution

Resolution 33/104, as recommended by Third Committee, A/33/473 and Corr.1, adopted without vote by Assembly, on 16 De-cember 1978, meeting 86.

The General Assembly,Recalling its resolution 32/130 of 16 December 1977,Recalling also that, in its resolution 32/130, it requested the

Commission on Human Rights to undertake an over-all analysisof the alternative approaches and ways and means within theUnited Nations system for improving the effective enjoyment ofhuman rights and fundamental freedoms in the light of the con-cepts enumerated in that resolution,

Noting Economic and Social Council decision 1978/20 of 5May 1978, in which the Council authorized the establishment ofan open-ended working group of the Commission on HumanRights to meet for one week immediately before theCommission's thirty-fifth session to continue this over-all analysis,

Taking note of relevant parts of the Declaration of the Confer-ence of Ministers for Foreign Affairs of Non-Aligned Countries,held at Belgrade from 25 to 30 July 1978, in which, inter alia, theMinisters pointed out that the human rights and fundamental free-doms of the individual and of peoples are inalienable and, pro-ceeding from the inseparability of economic, social, cultural, civiland political rights, stressed the need to create conditions, at thenational and international levels, for the full promotion and protec-tion of human rights of the individual and peoples,

Welcoming the Ministers' expressed readiness to work towardsthe implementation of General Assembly resolution 32/130through the United Nations system,

1. Takes note with appreciation of the progress report on theover-all analysis which was submitted to the General Assemblyby the Commission on Human Rights, through the Economic andSocial Council, in accordance with Assembly resolution 32/130;

2. Requests the Commission on Human Rights to continuewith high priority this over-all analysis, which will contribute to theimplementation of resolution 32/130;

3. Expresses the hope that all Member States, the specializedagencies concerned and United Nations organs in the field of hu-


man rights will continue to support the ongoing process of over-allanalysis being carried out by the Commission on Human Rights;

4. Looks forward to discussing at its thirty-fourth session theconclusions and recommendations of the Commission on HumanRights which will result from its over-all analysis;

5. Requests the Secretary-General to transmit the present res-olution to the specialized agencies concerned and all United Na-tions organs in the field of human rights;

6. Decides to include in the provisional agenda of its thirty-fourth session an item entitled "Alternative approaches and waysand means within the United Nations system for improving the ef-fective enjoyment of human rights and fundamental freedoms."

A/C.3/33/L.37. Costa Rica and Senegal: draft resolution.A/C.3/33/L.50. Afghanistan, Angola, Benin, Bulgaria, Burundi,

Congo, Cuba, Hungary, Iraq, Madagascar, Mozambique, Syr-ian Arab Republic, Viet Nam: amendments to 2-power draftresolution, A/C.3/33/L.37.

A/C.3/33/L.53. Dominican Republic, Guatemala, Panama: draftresolution, as orally amended by sponsors, approved by con-sensus by Third Committee on 5 December 1978, meeting 67.

A/C.3/33/L.58. Afghanistan, Angola, Benin, Bulgaria, Burundi,Congo, Cuba, German Democratic Republic, Hungary, Iraq,Madagascar, Mozambique, Syrian Arab Republic, Viet Nam:amendments to 3-power draft resolution, A/C.3/33/L.53.

A/C.3/33/L.61. Administrative and financial implications of 2-power draft resolution, A/C.3/33/L.37. Statement by Secretary-General.

A/33/473 and Corr.1. Report of Third Committee, draft resolution

Resolution 33/105, as recommended by Third Committee, A/33/473 and Corr.1, adopted without vote by Assembly on 16 De-cember 1978, meeting 86.

The General Assembly,Bearing in mind its resolution 32/130 of 16 December 1977, in

which it requested an over-all analysis of the United Nations ap-proach to human rights in the light of the concepts enumerated inthat resolution,

Recalling the decision of the Third Committee at the thirty-second session of the General Assembly to refer the proposal forthe establishment of a post of United Nations High Commissionerfor Human Rights for consideration by the Commission on Hu-man Rights at its thirty-fourth session in the context of the over-allanalysis of the alternative approaches and ways and means forimproving the effective enjoyment of human rights and fundamen-tal freedoms,

Recalling also Commission on Human Rights resolution26(XXXIV) of 8 March 1978, in which the Commission consideredadvisable the establishment, which the Economic and SocialCouncil authorized on 5 May 1978 in its decision 1978/20, of anopen-ended working group of the Commission that would meetfor one week before its thirty-fifth session to undertake the neces-sary work relating to the over-all analysis,

1. Requests the Commission on Human Rights to take into ac-count, in continuing its work on the over-all analysis mentionedabove, the views expressed on the various proposals during thegeneral debate on the present item at the current session, as wellas during the thirty-second session of the General Assembly, in-cluding a post of United Nations High Commissioner for HumanRights;

2. Decides to consider these questions again after the Com-mission on Human Rights has completed and/or reported on theover-all analysis.

Status of the InternationalCovenants on Human Rights

Economic and Social Council—1978 organizational sessionPlenary meetings 1, 2, 4.

E/1978/L.1. Implementation of International Covenant on Eco-nomic, Social and Cultural Rights. Note by Secretariat.

E/1978/L.6 and Add.1. Draft decision proposed by Council Presi-dent in light of consultative meetings of Council members.(Add.1: draft decision, para. 3 (d).)

Decision 1978/1, para. 3 (d), requesting Council Vice-Presidentto undertake consultations on composition of sessional workinggroup to be established under item 4 (Implementation of Inter-national Covenant on Economic, Social and Cultural Rights) oflist of items for first regular session of 1978, to invite Councilmembers to notify Secretary-General as early as possible oftheir interest in participating in that working group, without prej-udice to final decision of Council on composition thereof to beadopted at outset of first regular session of 1978 and to requestSecretariat to make interim report on notifications received by15 March 1978, as proposed by Council President, E/1978/L.6and Add.1, adopted (draft decision as a whole) without objec-tion by Council on 13 January 1978, meeting 4.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters VI, XVIand XXVI A (resolutions 9(XXXIV) and 10(XXXIV), para. 1).

Economic and Social Council—first regular session, 1978Plenary meetings 9, 12, 13.

E/1978/8. Consideration of reports submitted by States partiesunder article 16 of International Covenant on Economic, Socialand Cultural Rights, in accordance with first stage of pro-gramme established by Economic and Social Council resolu-tion 1988(LX) of 11 May 1976. Note by Secretary-General.

E/1978/8/Add.1-24. Implementation of International Covenant onEconomic, Social and Cultural Rights. Reports submitted in ac-cordance with Council resolution 1988(LX) by States parties toCovenant concerning rights covered by articles 6 to 9.

E/1978/22. Reservations, declarations, notifications and com-munications relating to International Covenant on Economic,Social and Cultural Rights. Note by Secretary-General.

E/1978/27. Report by Committee of Experts on Application ofConventions and Recommendations of ILO on progress inachieving observance of provisions of articles 6 to 9 of Interna-tional Covenant on Economic, Social and Cultural Rights. Noteby Secretary-General (covering note transmitting report).

E/1978/L19 and Add.1. Composition of sessional working groupto consider agenda item 5 (Implementation of InternationalCovenant on Economic, Social and Cultural Rights). Note bySecretariat.

E/1978/L.26. Algeria, Canada, Finland, Hungary, Iran, Iraq, Nige-ria, Poland, Romania, Rwanda, Syrian Arab Republic, Tunisia,Uganda, Ukrainian SSR, United Arab Emirates, United Repub-lic of Tanzania, Yugoslavia: draft decision.

Decision 1978/10, as proposed by 17 powers, E/1978/L.26, andas orally amended by sponsors, adopted by Council on 3 May1978, meeting 12, by roll-call vote of 38 to 2, with 7 absten-tions, as follows:

In favour: Algeria, Bangladesh, Bolivia, Colombia, Cuba, Do-minican Republic, Finland, Hungary, India, Iran, Iraq, Jamaica,Lesotho, Malaysia, Mauritania, Mexico, Netherlands, NewZealand, Nigeria, Philippines, Poland, Portugal, Romania,Rwanda, Sudan, Sweden, Syrian Arab Republic, Togo, Trini-dad and Tobago, Tunisia, Uganda, Ukrainian SSR, USSR,United Arab Emirates, United Republic of Cameroon, UnitedRepublic of Tanzania, Venezuela, Yugoslavia

Against: France, United StatesAbstaining: Argentina, Austria, Germany, Federal Republic

of, Greece, Italy, Japan, United Kingdom.

E/1978/1. Draft basic programme of work of Economic and SocialCouncil for 1978, Chapter I, para. 3.

At its 12th plenary meeting, on 3 May 1978, the Council de-cided:


(a) To establish, for the purpose of assisting the Council in theconsideration of reports submitted by States parties to the Inter-national Covenant on Economic, Social and Cultural Rights in ac-cordance with Council resolution 1988(LX), a sessional workinggroup on the implementation of the International Covenant on Eco-nomic, Social and Cultural Rights, composed of 15 members ofthe Council which are also States parties to the Covenant: 3members from African States, 3 members from Asian States, 3members from Eastern European States, 3 members from LatinAmerican States and 3 members from Western European andother States;

(b) To invite the President of the Council, after due consulta-tions with the regional groups, to appoint the members of theworking group in accordance with paragraph (a) above;

(c) To invite the following to participate in the proceedings ofthe working group as observers:

(i) Other members of the Council;(ii) States parties to the Covenant which are not members of

the Council;(iii) Member States which express interest in the deliberations

of the working group;(iv) Representatives of the specialized agencies concerned,

when matters falling within their respective fields of compe-tence are considered;

(d) To request the working group to prepare for the consider-ation of the Council recommendations on its methods of work inconnexion with the reports of States parties to the Covenant;

(e) To review the present decision at its first regular session of1981, taking into account the principle of equitable geographicaldistribution and the increase in the number of States parties tothe International Covenant on Economic, Social and CulturalRights.

Decision 1978/9, as orally proposed by Council President,adopted without vote by Council on 3 May 1978, meeting 12.

At its 12th plenary meeting, on 3 May 1978, the Council de-cided, in order to facilitate the work of the sessional workinggroup on the implementation of the International Covenant on Eco-nomic, Social and Cultural Rights, to request the Secretary-General to prepare an analytical summary, based on the generalguidelines drawn up pursuant to the procedure established by theCouncil for the implementation of the International Covenant onEconomic, Social and Cultural Rights, of the reports submitted byStates parties in accordance with articles 16 and 17 of the Cove-nant. Such an analytical summary is to be submitted to the Coun-cil in connexion with its consideration of reports at each stage ofthe reporting programme outlined in Council resolution 1988(LX)of 11 May 1976. The Council also decided that the sessionalworking group should be provided with summary records of itsproceedings.

Economic and Social Council—2nd regular session, 1978Plenary meeting 37.

A/33/40. Report of Human Rights Committee on its 3rd (Geneva,16 January-3 February 1978), 4th (Headquarters, New York,10 July-2 August 1978) and 5th (Geneva, 23 October-3 No-vember 1978) sessions.

E/1978/L.48. Organization of work of Economic and Social Coun-cil, resumed 2nd regular session, 1978. Note by Secretariat,para. 8: draft decision (item 32).

Decision 1978/61, para. (d), authorizing Secretary-General totransmit annual report of Human Rights Committee to GeneralAssembly at its 33rd session, as suggested in note by Secre-tariat, E/1978/L.48, and as orally revised by Assistant Secre-tary-General for Secretariat Services for Economic and SocialMatters, adopted (paras. (a)-(d) as a whole) without vote byCouncil on 3 August 1978, meeting 37.

[Refer to INDEX OF RESOLUTIONS AND DECISIONS forpage reference to full text of Council decision 1978/61.]


Human Rights: A Compilation of International Instruments.U.N.P. Sales No.: E.78.XIV.2.

A/33/40. Report of Human Rights Committee.A/33/149 and Corr.1 and Add.1. Status of International Covenant

on Economic, Social and Cultural Rights, International Cove-nant on Civil and Political Rights and Optional Protocol to Inter-national Covenant on Civil and Political Rights. Report of Sec-retary-General.

A/C.3/33/L.72. Canada, Colombia, Costa Rica, Cyprus, Denmark,Dominican Republic, Ecuador, Germany, Federal Republic of,Italy, Norway, Sweden: draft resolution, as orally amended bysponsors, approved by consensus by Third Committee on 8December 1978, meeting 73.



The General Assembly,Mindful that the International Covenants on Human Rights con-

stitute the first all-embracing and legally binding internationaltreaties in the field of human rights and, together with the Univer-sal Declaration of Human Rights, form the heart of the Interna-tional Bill of Human Rights,

Recalling its resolutions 31/86 of 13 December 1976 and 32/66of 8 December 1977,

Having noted the report of the Secretary-General on the statusof the International Covenant on Economic, Social and CulturalRights, the International Covenant on Civil and Political Rightsand the Optional Protocol to the International Covenant on Civiland Political Rights,

Noting with appreciation that, following its appeal, more Mem-ber States have acceded to the International Covenants on Hu-man Rights,

Bearing in mind the important responsibilities of the Economicand Social Council in relation to the International Covenants onHuman Rights,

Recognizing the important role of the Human Rights Commit-tee in the implementation of the International Covenant on Civiland Political Rights and the Optional Protocol thereto,

1. Reaffirms the importance of the International Covenants onHuman Rights as major parts of international efforts to promoteuniversal respect for and observance of human rights and funda-mental freedoms;

2. Notes with appreciation the report of the Human RightsCommittee on its third to fifth sessions and expresses satisfactionat the serious manner in which the Committee is continuing to un-dertake its functions;

3. Expresses its appreciation to the States parties to the Inter-national Covenant on Civil and Political Rights which have ex-tended their co-operation to the Human Rights Committee andurges States parties which have not yet done so to submit theirreports to the Committee as speedily as possible;

4. Urges States parties which have been requested by the Hu-man Rights Committee to provide additional information to com-ply with this request by providing such information;

5. Expresses the hope that the consideration of reports sub-mitted under the provisions of the International Covenant on Eco-nomic, Social and Cultural Rights will be undertaken by the Eco-nomic and Social Council without further delay;

6. Again invites all States which have not yet done so to be-come parties to the International Covenant on Economic, Socialand Cultural Rights and the International Covenant on Civil andPolitical Rights as well as to consider acceding to the OptionalProtocol thereto;


7. Invites the States parties to the International Covenant onCivil and Political Rights to consider making the declaration pro-vided for in article 41 of that Covenant;

8. Appreciates that the Human Rights Committee continues tostrive for uniform standards in the implementation of the provi-sions of the International Covenant on Civil and Political Rightsand of the Optional Protocol thereto and emphasizes the impor-tance of the strictest compliance by the States parties with theirobligations under the Covenant:

9. Requests the Secretary-General to continue to keep the Hu-man Rights Committee informed of the activities of the Commis-sion on Human Rights, the Sub-Commission on Prevention ofDiscrimination land Protection of Minorities and the Committee onthe Elimination of Racial Discrimination and also to transmit theannual reports of the Human Rights Committee to these bodies;

10. Requests the Secretary-General to submit to the GeneralAssembly at its thirty-fourth session a report on the status of theInternational Covenant on Economic, Social and Cultural Rights,the International Covenant on Civil and Political Rights and theOptional Protocol to the International Covenant on Civil and Politi-cal Rights;

11. Emphasizes the duty of the Secretary-General under theInternational Covenant on Civil and Political Rights to provide thenecessary staff and facilities for the effective performance of theHuman Rights Committee;

12. Requests the Secretary-General, bearing in mind the re-quest of the Human Rights Committee for adequate secretarialassistance, having regard to the over-all needs for servicing theInternational Covenants on Human Rights and the Optional Pro-tocol and being informed of the shortage of staff and resources ofthe Division of Human Rights of the Secretariat, to make appro-priate suggestions in the proposed programme budget for the bi-ennium 1980-1981 with regard to adequate staff and resourcesneeded for servicing the above-mentioned instruments, takinginto account General Assembly resolutions 3534(XXX) of 17 De-cember 1975 and 31/93 of 14 December 1976.

REPORTING SYSTEM ON HUMAN RIGHTS

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 13, 14, 16, 20.Plenary meeting 15.

E/1978/C.2/L.3. Federal Republic of Germany: draft resolution,approved without objection by Second Committee on 27 April1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft resolutionVII.


The Economic and Social Council,Recalling paragraph 7 of its resolution 1988(LX) of 11 May

1976 by which it decided that States parties to the InternationalCovenant on Economic, Social and Cultural Rights which submitreports under the Covenant need not submit reports on similarquestions under the periodic reporting procedure established un-der Council resolution 1074 C (XXXIX) of 28 July 1965,

Noting that the States parties to the International Covenant onCivil and Political Rights have undertaken, in accordance with ar-ticle 40 of the Covenant, to submit reports to the Human RightsCommittee on the measures they have adopted which give effectto the rights recognized therein and on the progress made in theenjoyment of those rights:

(a) Within one year of the entry into force of the Covenant forthe States parties concerned,

(b) Thereafter whenever the Committee so requests,Decides to exempt States parties to the International Covenant

on Civil and Political Rights from submitting reports on similarquestions under the periodic reporting procedure established un-der Council resolution 1074 C (XXXIX).

Trade union rights

PROTECTION OF HUMAN RIGHTS OFARRESTED OR DETAINED TRADE UNION ACTIVISTS

General Assembly—33rd sessionThird Committee, meetings 58, 62, 63, 70, 74.Plenary meeting 90.

A7C.3/33/L.44. Barbados, Cuba, Cyprus, Denmark, Ecuador,Finland, Ghana, Iceland, Jamaica, Netherlands, Nigeria, Nor-way, Portugal, Spain, Sweden: draft resolution, approved byconsensus by Third Committee on 12 December 1978, meeting74.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution VIII.

Resolution 33/169, as recommended by Third Committee, A/33/509, adopted without vote by Assembly on 20 December1978, meeting 90.

The General Assembly,Recalling its resolution 32/121 of 16 December 1977 regarding

the protection of the human rights of persons who are detained inrespect of offences which they have committed, or are suspectedof having committed, by reason of their political opinions or con-victions,

Noting that one important category of prisoners falling withinthe ambit of resolution 32/121 is that of those who have beenarrested or detained in connexion with their trade union activities,

Also recalling Economic and Social Council resolution 1978/21of 5 May 1978 regarding infringements of trade union rights inSouth Africa,

Having regard, in this context, not only to articles 5, 10 and 19of the Universal Declaration of Human Rights but also to article20 of the Declaration, which provides that everyone has the rightto freedom of peaceful assembly and association,

Having regard also to article 8 of the International Covenant onEconomic, Social and Cultural Rights and to article 22 of the In-ternational Covenant on Civil and Political Rights which providethat everyone shall have the right to freedom of association withothers, including the right to form and join trade unions for theprotection of his interests,

Further having regard to International Labour OrganisationConvention No. 87 of 9 July 1948 concerning the freedom of as-sociation and protection of the right to organize,

Recognizing the important work done by the International La-bour Organisation in order to promote trade union rights and totake appropriate action in concrete cases of persons arrested,detained or exiled by reason of their trade union activities,

Lending its support to the efforts of the International LabourOrganisation in this regard,

1. Reaffirms the importance of protecting the right to freedomof association as an essential prerequisite for the conduct of anytrade union activities;

2. Recommends that special attention should be paid to the vi-olations of the right to freedom of association consisting of the ar-rest, detention or exile of persons who have engaged in trade un-ion activities consistent with the principles of freedom ofassociation;

3. Requests Member States:(a) To release any persons who, within their jurisdiction and

contrary to the provisions of the above-mentioned international in-struments, may be under arrest or detention on account of tradeunion activities;

(b) To ensure that, pending the release of such persons, theirfundamental rights are fully protected, including the right not to besubjected to torture or other cruel, inhuman or degrading treat-ment or punishment and the right to receive a fair hearing by acompetent, independent and impartial tribunal in the determina-tion of any criminal charge against them;

(c) To take effective measures to safeguard and protect thehuman rights and fundamental freedoms of trade union leaders


who are detained or imprisoned as a result of their struggleagainst colonialism, aggression and foreign occupation and forself-determination, independence, the elimination of apartheidand all forms of racial discrimination and racism, and for the ter-mination of all these violations of human rights.

ALLEGATIONS OF INFRINGEMENTS OFTRADE UNION RIGHTS IN SOUTH AFRICA

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10-14, 16, 20, 23.Plenary meeting 15.

E/1978/21. Report of Ad Hoc Working Group of Experts of Com-mission on Human Rights prepared in accordance with Eco-nomic and Social Council decision 237(LXII) of 13 May 1977.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters IV andXXVI A (resolution 5(XXXIV)).

E/1978/C.2/L.4. Egypt, Mauritania, Nigeria, Rwanda, Sudan,Togo, Tunisia, United Republic of Cameroon: draft resolution,as orally amended by Italy and sponsors, approved without ob-jection by Second Committee on 27 April 1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft resolutionVIII.


The Economic and Social Council,Recalling its decision 237(LXII) of 13 May 1977 by which it

transmitted to the Ad Hoc Working Group of Experts of the Com-mission on Human Rights, for consideration and report, the alle-gations regarding infringements of trade union rights in South Af-rica made by the International Textile, Garment and LeatherWorkers' Federation and the International Confederation of FreeTrade Unions,

Having received with appreciation the report of the Ad HocWorking Group of Experts thereon,

1. Endorses the conclusions of the Ad Hoc Working Group ofExperts of the Commission on Human Rights that the repressivelegislation adopted in South Africa and the practices pursued inaccordance with this legislation are in flagrant contradiction withthe international standards governing trade union rights and thatSouth Africa has consistently and deliberately violated trade un-ion freedoms;

2. Condemns the continued infringement of trade union rightsand, in particular, the repression of African workers and theirtrade unions in South Africa and Namibia;

3. Calls for the immediate repeal of banning orders issuedagainst African and other trade unionists and an end to the use oftorture and cruel and inhuman treatment of those detained fortheir political and trade union activities;

4. Demands the immediate and unconditional recognition of alltrade union rights of African workers in South Africa and Namibia;

5. Requests the Secretary-General to draw the attention ofMember States to the conclusions of the Ad Hoc Working Groupof Experts and the present resolution.

E/1978/L.23. Note by Secretariat.E/1978/63. Report of Second (Social) Committee, draft decision

IX, as orally proposed by Second Committee Chairman, ap-proved without objection by Committee on 1 May 1978, meet-ing 23.


At its 15th plenary meeting, on 5 May 1978, the Council, recall-ing its decision 236(LXII) of 13 May 1977 concerning allegationsregarding infringements of trade union rights in the Republic ofSouth Africa, took note with appreciation of the report of the Ad

Hoc Working Group of Experts submitted in pursuance of theabove-mentioned decision and decided to request the Ad HocWorking Group to continue to study the question and to reportthereon to the Commission on Human Rights and the Council atsuch times as it might consider appropriate.

ALLEGATIONS OF INFRINGEMENTS OFTRADE UNION RIGHTS IN PUERTO RICO


E/1978/NGO/11. Statement submitted by NGO in category I con-sultative status with Economic and Social Council.

E/1978/57. Note by Secretary-General containing communicationof 16 March from Director-General of ILO. (Annex I: 177th re-port of Fact-Finding and Conciliation Commission on Freedomof Association of ILO; Annex II: Communications of 18 Novem-ber 1977 from World Federation of Trade Unions to Director-General of ILO.)

E/1978/108. Letter of 16 May from United States.

Decision 1978/41, as orally proposed and amended by CouncilPresident, adopted without objection by Council on 21 July1978, meeting 32.

At its 32nd plenary meeting, on 21 July 1978, the Council, not-ing that the consent of the Government of the United States ofAmerica had been obtained, as required under paragraph 1 (c) (i)of Council resolution 277(X) of 17 February 1950, decided, inconformity with paragraph 1 (c) (ii) of that resolution, to transmitthe complaint regarding infringements of trade union rights inPuerto Rico, presented by the World Federation of Trade Unionson 18 November 1977, to the Fact-Finding and Conciliation Com-mission on Freedom of Association of the International LabourOrganisation, through the Governing Body of that Organisation;the Council also decided that, in accordance with the procedureoutlined in its resolution 277(X), the Commission's findingsshould be transmitted to the Council as soon as possible, inkeeping with the Commission's established practice.

Human rights of migrant workers

MEASURES TO IMPROVE THESITUATION OF MIGRANT WORKERS

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10, 11, 14-16, 20, 23.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters I B(draft decision 6), XX and XXVI A (resolutions 21 A andB (XXXIV)) and Annex III.

E/1978/C.2/L.5. Algeria, Colombia, Cuba, Dominican Republic, It-aly, Jamaica, Mexico, Romania, Rwanda, Sweden, Tunisia,Yugoslavia: draft resolution, as orally amended by sponsors,approved without objection by Second Committee on 1 May1978, meeting 23.

E/1978/63. Report of Second (Social) Committee, draft resolutionIX.


The Economic and Social Council,Recalling the terms of the Universal Declaration of Human

Rights and those of the International Convention on the Elimina-tion of All Forms of Racial Discrimination,

Considering the Migrant Workers (Supplementary Provisions)Convention, 1975 and the Recommendation concerning MigrantWorkers, 1975, adopted by the General Conference of the Inter-national Labour Organisation,


Bearing in mind its resolution 2083(LXII) of 13 May 1977,Considering in particular General Assembly resolution 32/120

of 16 December 1977 by which the Assembly recommended thatthe Commission on Human Rights and the Economic and SocialCouncil should consider the question of migrant workers fully andin depth at their next sessions, in collaboration with the Interna-tional Labour Organisation, the United Nations Educational,Scientific and Cultural Organization and other interested agenciesof the United Nations system, on the basis of the instrumentsadopted and the documents and studies prepared by the UnitedNations and the specialized agencies, including the study on theexploitation of labour through illicit and clandestine trafficking andthe report of the Seminar on the Human Rights of MigrantWorkers, held at Tunis from 12 to 24 November 1975,

Having taken note of the work done by the Commission on Hu-man Rights in this field at its thirty-fourth session,

1. Stresses the need to undertake the study recommended bythe General Assembly in its resolution 32/120, on the basis of aconsolidated report on the work done on the question by the in-terested agencies of the United Nations and by other intergovern-mental bodies;

2. Requests the Secretary-General to prepare such a report inconformity with the recommendation made by the Commission onHuman Rights in its resolution 21 B (XXXIV) of 8 March 1978,and to communicate it to Member States before December 1978so that it may be brought to the attention of Governments;

3. Decides that a working group open to all States Members ofthe United Nations should meet at Geneva for not more than oneweek at the end of December 1978 to formulate specific pro-posals to be submitted to the Commission on Human Rights at itsthirty-fifth session when it begins to consider fully and in depththe question of migrant workers, in the light of other appropriaterecommendations which the General Assembly may transmit to iton this subject;

4. Decides further to include as a separate item in the agendaof its first regular session of 1979 a question entitled "Measuresto improve the situation and ensure the human rights and dignityof all migrant workers" and to examine that question on the basisof the report to be submitted to it by the Commission on HumanRights and of the report to be submitted to it by the Commissionfor Social Development in accordance with Council resolution1926(LVIII) of 6 May 1975.


General Assembly—33rd sessionThird Committee, meetings 64, 69, 71-74.Plenary meeting 90.


A/33/3. Report of Economic and Social Council on its organiza-tional session for 1978 and its first and 2nd regular sessions,1978, paras. 319-321.

A/C.3/33/L.75. Afghanistan, Algeria, Barbados, Burundi, Colom-bia, Jamaica, Jordan, Lesotho, Mexico, Pakistan, Romania,Rwanda, Senegal, Spain, Trinidad and Tobago, Tunisia, Tur-key, Yugoslavia, Zambia: draft resolution, as orally amendedby sponsors, approved by Third Committee on 12 December1978, meeting 74, by recorded vote of 111 to 0, with 14 absten-tions, as follows:

In favour: Afghanistan, Algeria, Angola, Argentina, Austria,Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Benin,Bhutan, Bolivia, Botswana, Brazil, Bulgaria, Burundi, Byelorus-sian SSR, Canada, Cape Verde, Central African Empire, Chad,Chile, Colombia, Congo, Costa Rica, Cuba, Cyprus, Czecho-slovakia, Democratic Yemen, Denmark, Dominican Republic,Ecuador, Egypt, El Salvador, Ethiopia, Fiji, Finland, GermanDemocratic Republic, Ghana, Greece, Guatemala, Guinea,

Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, In-donesia, Iran, Iraq, Ireland, Jamaica, Japan, Jordan, Kenya,Lao People's Democratic Republic, Lebanon, Lesotho, LibyanArab Jamahiriya, Madagascar, Malaysia, Maldives, Mali, Mauri-tania, Mexico, Mongolia, Morocco, Mozambique, Nepal, NewZealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan,Panama, Papua New Guinea, Paraguay, Peru, Philippines, Po-land, Portugal, Qatar, Romania, Rwanda, Sao Tome and Prin-cipe, Spain, Sudan, Suriname, Swaziland, Sweden, SyrianArab Republic, Thailand, Togo, Trinidad and Tobago, Tunisia,Turkey, Uganda, Ukrainian SSR, USSR, United Republic ofCameroon, United Republic of Tanzania, Uruguay, Venezuela,Viet Nam, Yugoslavia, Zaire, Zambia

Against: NoneAbstaining: Australia, Burma, France, Germany, Federal Re-

public of, Gabon, Israel, Italy, Ivory Coast, Luxembourg, Neth-erlands, Saudi Arabia, Singapore, United Kingdom, UnitedStates.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution II.


In favour: Afghanistan, Algeria, Angola, Argentina, Austria,Bahamas, Barbados, Belgium, Benin, Bhutan, Bolivia, Bot-swana, Brazil, Bulgaria, Burundi, Byelorussian SSR, Canada,Cape Verde, Central African Empire, Chad, Chile, China, Co-lombia, Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia,Democratic Yemen, Denmark, Djibouti, Dominican Republic,Ecuador, Egypt, El Salvador, Equatorial Guinea, Ethiopia, Fiji,Finland, Gambia, German Democratic Republic, Ghana,Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti,Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ire-land, Jamaica, Japan, Jordan, Kenya, Lao People's Demo-cratic Republic, Lebanon, Lesotho, Libyan Arab Jamahiriya,Madagascar, Malaysia, Maldives, Mali, Malta, Mauritania, Mau-ritius, Mexico, Mongolia, Morocco, Mozambique, Nepal, NewZealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan,Panama, Papua New Guinea, Paraguay, Peru, Philippines, Po-land, Portugal, Qatar, Romania, Rwanda, Samoa, Sao Tomeand Principe, Saudi Arabia, Senegal, Sierra Leone, Somalia,Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Syr-ian Arab Republic, Thailand, Togo, Trinidad and Tobago, Tuni-sia, Turkey, Uganda, Ukrainian SSR, USSR, United Republicof Cameroon, United Republic of Tanzania, Upper Volta, Uru-guay, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia

Against: NoneAbstaining: Australia, Burma, France, Gabon, Germany,

Federal Republic of, Israel, Italy, Ivory Coast, Luxembourg, Ma-lawi, Netherlands, Singapore, United Kingdom, United States.

The General Assembly,Recalling the provisions of the Universal Declaration of Human

Rights and the International Convention on the Elimination of AllForms of Racial Discrimination,

Considering the Migrant Workers (Supplementary Provisions)Convention, 1975, and the Recommendation concerning MigrantWorkers, 1975, adopted by the General Conference of the Inter-national Labour Organisation,

Aware of the fact that the problem of migrant workers is be-coming more serious in certain regions for transient political andeconomic reasons and for social and cultural reasons,

Recalling that the family is the natural and fundamental groupunit of society and is entitled to protection by society and theState and that, in that context, the families of migrant workers areentitled to the same protection as the migrant workers them-selves,

Bearing in mind the need for the Governments of host coun-tries and of countries of origin to co-operate with a view to findingsatisfactory solutions to the situation of migrant workers,


Considering the provisions relating to the question of migrantworkers contained in the Declaration and the Programme ofAction adopted by the World Conference to Combat Racism andRacial Discrimination,

Recalling its resolution 32/120 of 16 December 1977,Bearing in mind Economic and Social Council resolution 1978/

22 of 5 May 1978,Noting with appreciation the efforts of the United Nations Edu-

cational, Scientific and Cultural Organization in the field of the ed-ucation of migrant workers and their families,

Having taken note of the report of the Economic and SocialCouncil,

1. Calls upon all States, taking into account the provisions ofthe relevant instruments adopted by the International Labour Or-ganisation and of the International Convention on the Eliminationof All Forms of Racial Discrimination, to take measures to preventand put an end to all discrimination against migrant workers andto ensure the implementation of such measures;

2. Invites all States, particularly host countries, to give the wid-est possible dissemination, inter alia through the mass media, toinformation aimed at promoting better public understanding of thecontribution of migrant workers to the economic growth and socialand cultural development of those countries and at fostering a cli-mate of mutual understanding;

3. Also invites the Governments of host countries to adopt thenecessary measures to prevent any activity that might be prejudi-cial to the interests of migrant workers;

4. Again invites the Governments of host countries to giveconsideration to adopting definitive measures to promote in theirterritories a normal family life for migrant workers by reunitingfamilies;

5. Expresses the hope that the Commission on Human Rightswill submit to the Economic and Social Council at its first regularsession of 1979 the study recommended in General Assemblyresolution 32/120, on the basis of the concrete proposals formu-lated by the Working Group established pursuant to Council reso-lution 1978/22;

6. Calls upon all States to give consideration to ratifying theMigrant Workers (Supplementary Provisions) Convention, 1975,adopted by the General Conference of the International LabourOrganisation;

7. Requests the Secretary-General to explore with MemberStates and in co-operation with the United Nations agencies, par-ticularly the International Labour Organisation, the possibility ofdrawing up an international convention on the rights of migrantworkers;

8. Invites the Governments of host countries to adopt meas-ures to ensure that the children of migrant workers receive genu-inely equal treatment in the field of education and training;

9. Also invites those Governments to co-operate with theUnited Nations Educational, Scientific and Cultural Organizationwith a view to enabling migrant workers and their families to ben-efit from all necessary opportunities in the field of education in or-der to enable them to participate fully in the life of the society ofthe host country while preserving their national and cultural iden-tity.

MIGRATORY LABOUR IN SOUTHERN AFRICA


E/1978/L.46. Algeria, Botswana, Cape Verde, Egypt, Ethiopia,Guinea-Bissau, Kenya, Lesotho, Mauritania, Nigeria, Senegal,Somalia, Sudan, Togo, Tunisia, Uganda, United Republic ofCameroon, United Republic of Tanzania, Upper Volta, Zambia:draft resolution and annex (Charter of Rights for MigrantWorkers in Southern Africa).

Decision 1978/59, taking note of draft resolution entitled "Migra-tory labour in southern Africa" and transmitting it to GeneralAssembly at its 33rd session for consideration, as orally pro-posed by Council President, adopted without vote by Councilon 3 August 1978, meeting 37.


A/C.3/33/L.4. Note by Secretary-General, containing text of draftresolution and annex (Charter of Rights for Migrant Workers inSouthern Africa) transmitted by Economic and Social Councilthrough its decision 1978/59 of 3 August 1978 to General As-sembly, as orally amended by Ghana (as subamended by Phil-ippines), approved by consensus by Third Committee on 12December 1978, meeting 74.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution I and annex.


The General Assembly,Recalling its resolutions 32/105 A to N of 14 December 1977

and 32/105 O of 16 December 1977 relating to the policies ofapartheid of the Government of South Africa,

Recalling further Economic and Social Council resolution2082 B (LXII) of 13 May 1977, in which the Council recom-mended that the General Assembly should declare 1978 the In-ternational Anti-Apartheid Year,

Noting with satisfaction the proclamation of the year beginningon 21 March 1978 and ending on 20 March 1979 as InternationalAnti-Apartheid Year,

Bearing in mind the Programme for the International Anti-Apartheid Year,

Recalling also the resolutions on accelerated economic devel-opment and international action and on the promotion of develop-ment strategies with a view to reducing economic dependence onSouth Africa and the Charter of Rights for Migrant Workers inSouthern Africa which were adopted by the Conference on Migra-tory Labour in Southern Africa, held at Lusaka from 4 to 8 April1978, and organized by the Economic Commission for Africa andthe International Labour Organisation, in co-operation with theGovernment of Zambia and the liberation movements of southernAfrica that are recognized by the Organization of African Unity,

Aware of the heavy dependence of Botswana, Lesotho, Ma-lawi, Mozambique, Namibia and Swaziland on their supply of mi-grant labour to South Africa and of the need to eliminate such un-desirable dependence,

Convinced that the continuance of the system of migrant la-bour to South Africa both perpetuates the evils of apartheid andretards the social and economic advancement of the States sup-plying migrant labour,

Convinced also that the removal of this evil system of migrantlabour would facilitate the elimination of apartheid and acceleratethe socio-economic development and transformation of the sup-plier States,

Realizing that the weak position of the supplier States to takeaction individually with a view to extricating their dependent econ-omies and their migrant nationals from the stranglehold of apart-heid and the economy of South Africa calls for urgent concertedaction and co-operation among the affected Member States aswell as assistance from other African States, international organi-zations, non-African Governments and other organizations,

1. Endorses the Charter of Rights for Migrant Workers inSouthern Africa as adopted by the Lusaka Conference on Migra-tory Labour in Southern Africa on 7 April 1978 and annexed to thepresent resolution;

2. Urges all Member States and all organizations of the UnitedNations system and other international organizations, pursuant tothe Lagos Declaration for Action against Apartheid adopted bythe World Conference for Action against Apartheid, to extend tothe African States affected by the migration of labour to South Af-rica all material, financial, technical and political support for theinitiation and implementation of specific development pro-grammes and projects aimed at enabling those States to utilizefully their available labour force for the development of their own


economies and thereby eliminate the necessity to export such la-bour to the apartheid economy of South Africa.

ANNEX

Charter of Rights for Migrant Workers in Southern Africaadopted on 7 April 1978 by the Conference on

Migratory Labour in Southern Africa

We, the representatives of the States and peoples of southernAfrica,

Noting that apartheid has been declared a crime against hu-manity by the General Assembly of the United Nations,

Noting the work done by the International Labour Organisationon the problems of migratory labour in southern Africa and recall-ing International Labour Organisation Conventions No. 87 of 9 July1948 and Nos. 97 and 98 of 1 July 1949 concerning, respectively,the freedom of association and protection of the right to organize,migration for employment and the application of the principles ofthe right to organize and to bargain collectively,

Recognizing that the migratory labour system is one of the ma-jor instruments of apartheid,

Mindful of the gross indignities it inflicts on workers, who aredenied many of their basic human rights,

Noting that if undermines family life and disrupts agrarian econ-omies,

Hereby pledge ourselves to strive for the abolition of the migra-tory labour system practised in South Africa and, pending its elim-ination, agree to the present Charter of Rights for MigrantWorkers in Southern Africa.

Chapter I

Rights of association, movement and residence

Article 1All workers shall have the right to:(a) Form and join trade unions of their own choice;(b) Participate in collective bargaining on equal terms with all

other workers regardless of race, sex, political affiliation or reli-gion;

(c) Withhold their labour by strike action in support of their de-mands.

Article 2All workers shall have the right to freedom of movement and

shall not be required to carry a pass or similar document.

Article 3All workers shall have the right to be accommodated near their

place of work with their families in suitable houses under homeownership schemes or to reside elsewhere if they choose so todo.

Article 4All workers shall have the right of occupation free from colour

bar, job reservation and all other forms of discrimination.

Article 5Every worker, regardless of race or sex, shall have the right to

work, choose his occupation and change from one employer toanother without loss of accrued benefits and claims to promotion.

Article 6All workers, without exception, shall have the right to equal pay

for equal work.

Article 7All workers shall have equal rights to vocational training and

adult education for the purpose of acquiring skills and increasingtheir awareness.

Chapter II

Right to a decent standard of living

Article 8Every worker is entitled to a minimum basic wage sufficient for

the maintenance of the health and well-being of his family.

Article 9All workers shall have the right to adequate protection against

occupational accidents and diseases by means of approved safe-guards and close supervision by an independent industrial andfarming inspectorate operating in conjunction with workers' repre-sentatives.

Article 10All workers and their families shall have an equal and absolute

right to adequate, immediate and effective compensation fordeath or disability arising out of occupational diseases and acci-dents.

Article 11All workers shall have a right to:(a) Free medical services for themselves and their families;(b) Sick leave and, where applicable, maternity leave with full

pay;(c) Annual paid holidays.

Article 12All workers shall be entitled to retire on full pension or with a

gratuity proportionate to their period of service.

Article 13All workers shall have a right to determine their terms and con-

ditions of employment through collective bargaining.

Article 14All workers shall have a right to unemployment benefits.

Article 15All women workers shall have the right to participate in all sec-

tors of the economy without discrimination in respect of wages,training, job allocation or pension benefits.

National institutions and regionalarrangements for promoting human rights

NATIONAL INSTITUTIONSE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters IX andXXVI A (resolution 23(XXXIV) and Annex).

ST/HR/SER.A/2 and Add.1. Report on Seminar on National andLocal Institutions for Promotion and Protection of HumanRights, Geneva, 18-29 September 1978.

General Assembly—33rd sessionPlenary meetings 77-79, 83.

A/33/L.18 and Add.1. Bangladesh, Ecuador, Germany, FederalRepublic of, Guatemala, India, Jamaica, Jordan, Morocco, Ni-geria, Norway, Philippines, Senegal: draft resolution.

Resolution 33/46, as proposed by 12 powers, A/33/L.18 andAdd.1, adopted without vote by Assembly on 14 December1978, meeting 83.

The General Assembly,Recalling its resolution 32/123 of 16 December 1977 on the ob-

servance of the thirtieth anniversary of the Universal Declarationof Human Rights, in which it suggested that a special seminarwithin the programme of advisory services should be organized in1978 at Geneva, at a world-wide level, on the subject of national


and local institutions for the promotion and protection of humanrights,

Recalling Commission on Human Rights resolution 23(XXXIV)of 8 March 1978, in which the Commission decided that the semi-nar on national and local institutions for the promotion and protec-tion of human rights, to be held in September 1978, should, as apart of its task, suggest certain possible guidelines for the struc-ture and functioning of national institutions, based on the provi-sions of that resolution and the annex thereto,

1. Takes note with appreciation of the report on the Seminaron National and Local Institutions for the Promotion and Protec-tion of Human Rights, which took place at Geneva from 18 to 29September 1978;

2. Requests Member States to comment on the guidelines forthe structure and functioning of national institutions, as suggestedby the Seminar and circulated by the Secretary-General inaccordance with Commission on Human Rights resolution23(XXXIV);

3. Invites Member States to communicate their comments tothe Secretary-General, together with all relevant information relat-ing to their own experience in the functioning of national and localinstitutions in the field of human rights, before the thirty-fifth ses-sion of the Commission on Human Rights;

4. Requests the Commission on Human Rights to consider theguidelines suggested by the Seminar in its report for the structureand functioning of national institutions for the promotion and pro-tection of human rights;

5. Further requests the Commission on Human Rights to sendits recommendations in this regard to the General Assembly at itsthirty-fourth session, through the Economic and Social Council,which could then be made available to Governments of MemberStates for their assistance in setting up national institutions forthe promotion and protection of human rights;

6. Requests the Secretary-General to ensure that the partici-pation of Member States in seminars organized at a world-widelevel is based on the principle of equitable geographical represen-tation;

7. Also requests the Secretary-General to transmit the presentresolution to all Member States, drawing their attention to para-graphs 2 and 3 above.

REGIONAL ARRANGEMENTSE/1978/34. Report of Commission on Human Rights on its 34th

session, Geneva, 6 February-10 March 1978, Chapters IX andXXVI A (resolution 24(XXXIV)).

General Assembly—33rd sessionThird Committee, meetings 57, 58, 62, 70, 74.Fifth Committee, meeting 66.Plenary meeting 90.

A/33/219. Report of Secretary-General.A/C.3/33/L.40. Canada, Costa Rica, Germany, Federal Republic

of, Ghana, Ireland, Italy, Ivory Coast, Jamaica, Kenya, Lesotho,Liberia, Netherlands, New Zealand, Nigeria, Norway, Senegal,Sierra Leone, Spain, Suriname, Swaziland, Sweden, UnitedKingdom, United States, Zambia: draft resolution, as orallyamended by sponsors, approved by consensus by Third Com-mittee on 12 December 1978, meeting 74.

A/C.3/33/L.69, A/C.5/33/101. Administrative and financial implica-tions of 24-power draft resolution, A/C.3/33/L.40. Statementsby Secretary-General.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution VI.


The General Assembly,Recalling its resolution 32/127 of 16 December 1977,Taking note of Commission on Human Rights resolution

24(XXXIV) of 8 March 1978 on regional arrangements for the pro-motion and protection of human rights,

Noting with serious concern the report of the Secretary-General on the implementation of the above-mentioned resolu-tions, in which he reported that owing to financial difficulties hewas unable to organize any seminar for the purpose of discussingthe usefulness and advisability of the establishment of regionalcommissions for the promotion and protection of human rights inregions where no regional commission on human rights exists,

Stressing the importance of the speedy and effective imple-mentation of the resolutions of the General Assembly on thisquestion,

1. Reiterates its appeal to States in areas where regional ar-rangements in the field of human rights do not yet exist to con-sider agreements with a view to the establishment within their re-spective regions of suitable regional machinery for the promotionand protection of human rights;

2. Requests once again that the Secretary-General, under theprogramme of advisory services in the field of human rights, givepriority to the consideration, in regions where no regional commis-sion on human rights exists, of seminars for the purpose of dis-cussing the usefulness and advisability of the establishment of re-gional commissions for the promotion and protection of humanrights and that at least one such seminar should be organizedduring 1979;

3. Further requests the Secretary-General to report on the im-plementation of the present resolution to the General Assembly atits thirty-fourth session and also to include in his report to theCommission on Human Rights, in accordance with paragraph 4of Commission resolution 24(XXXIV), such information as he mayalready possess on the implementation of this resolution.

Human rights and scientificand technological developments

E/1978/33. Report of Committee on Science and Technology forDevelopment on its 4th session, Geneva, 6-10 February 1978,Chapters I (decision 11 (IV)) and VIII B.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapter XI.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 21st session, Ge-neva, 28 August-15 September 1978, Chapters I (para. 8) andXVII B (decision 3, item 15).

General Assembly—33rd sessionThird Committee, meetings 42, 61, 63, 64, 67, 68.Plenary meeting 84.

A/33/151. Letter of 14 June from Senegal (transmitting resolu-tions of 9th Islamic Conference of Ministers for Foreign Affairs,Dakar, 24-28 April 1978).

A/33/183. Note by Secretary-General.A/C.3/33/L.56. United Kingdom: draft resolution, approved by

Third Committee on 6 December 1978, meeting 68, by 79votes to 0, with 46 abstentions.

A/C.3/33/L.66 and Rev.1. Byelorussian SSR: amendments andrevised amendments to United Kingdom draft resolution, A/C.3/33/L.56.



In favour: Argentina, Australia, Austria, Bahamas, Belgium,Bhutan, Bolivia, Botswana, Brazil, Canada, Chad, Chile, Co-lombia, Costa Rica, Cyprus, Denmark, Djibouti, Dominican Re-public, Ecuador, Egypt, El Salvador, Fiji, Finland, France, Ga-bon, Gambia, Germany, Federal Republic of, Ghana, Greece,Guatemala, Guinea, Guyana, Haiti, Honduras, Iceland, India,Iran, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Lesotho, Li-beria, Libyan Arab Jamahiriya, Luxembourg, Madagascar, Ma-lawi, Malta, Mexico, Morocco, Nepal, Netherlands, NewZealand, Nicaragua, Norway, Panama, Papua New Guinea,Paraguay, Peru, Portugal, Rwanda, Samoa, Senegal, Sierra


Leone, Somalia, Spain, Suriname, Swaziland, Sweden, Togo,Trinidad and Tobago, Tunisia,* Turkey, United Kingdom,United Republic of Cameroon, United States, Upper Volta, Uru-guay, Venezuela, Zaire, Zambia

Against: NoneAbstaining: Afghanistan, Algeria, Angola, Bangladesh, Bar-

bados, Benin, Bulgaria, Burma, Burundi, Byelorussian SSR,Cape Verde, Central African Empire, Congo, Cuba, Czechoslo-vakia, Democratic Yemen, Equatorial Guinea, Ethiopia, Ger-man Democratic Republic, Guinea-Bissau, Hungary, Indonesia,Iraq, Malaysia, Maldives, Mali, Mauritania, Mongolia, Mozam-bique, Nigeria, Oman, Pakistan, Philippines, Poland, Qatar,Romania, Sao Tome and Principe, Saudi Arabia, Singapore,Sudan, Syrian Arab Republic, Thailand, Uganda, UkrainianSSR, USSR, United Republic of Tanzania, Yemen, Yugoslavia.

*Subsequently Tunisia advised the Secretariat that it had in-tended to abstain.

The General Assembly,Recalling Commission on Human Rights resolution

10 A (XXXIII) of 11 March 1977, in which the Commission re-quested the Sub-Commission on Prevention of Discriminationand Protection of Minorities to study the question of the protectionof those detained on the grounds of mental ill-health with a viewto formulating guidelines, if possible, and to submit to the Com-mission a progress report on this study,

Requests the Commission on Human Rights to urge that thestudy of the question of the protection of those detained on thegrounds of mental ill-health be undertaken as a matter of priorityby the Sub-Commission on Prevention of Discrimination and Pro-tection of Minorities, and to submit a progress report on this ques-tion to the General Assembly at its thirty-fifth session.

Thirtieth anniversary of theUniversal Declaration of Human Rights

General Assembly—33rd sessionPlenary meetings 50, 77-79, 83.


A/33/295 and Corr.1. Thirty years of Universal Declaration of Hu-man Rights: International co-operation for promotion and ob-servance of civil, political, economic, social and cultural rights.Note by Secretary-General.

A/33/417. Vote verbale of 30 November from Netherlands (trans-mitting Declaration on Human Rights adopted by Committee ofMinisters of Council of Europe, European Convention for Pro-tection of Human Rights and Fundamental Freedoms and Eu-ropean Social Charter).

A/33/467. Note by Secretary-General (messages received fromheads of State or Government).

Decision 33/403, as orally proposed by Assembly President onrecommendation of Special Committee to Select Winners ofUnited Nations Human Rights Prize, adopted without objectionby Assembly on 10 November 1978, meeting 50.

At its 50th plenary meeting, on 10 November 1978, the GeneralAssembly, on the recommendation of the Special Committee toSelect the Winners of the United Nations Human Rights Prize es-tablished under Assembly resolution 2217 A (XXI) of 19 Decem-ber 1966, decided to increase to eight the number of awards for1978.

At the same meeting, the President of the General Assemblyannounced that the Special Committee had decided to select thefollowing persons and organizations recipients of the United Na-tions Human Rights Prize:

The Begum Ra'Ana Liaquat Ali Khan,Prince Sadruddin Aga Khan,The Reverend Martin Luther King, Jr. (posthumously),Mrs. Helen Suzman,

Amnesty International,International Committee of the Red Cross,Union nationale des femmes de Tunisie,Vicaría de la Solidaridad, Santiago, Chile.

OTHER DOCUMENTSThe United Nations and Human Rights. U.N.P. Sales No.:

E.78.1.18.Human Rights: A Compilation of International Instruments.

U.N.P. Sales No.: E.78.XIV.2.A/33/INF/4. Human Rights Day: Observance of 29th anniversary

of adoption of Universal Declaration of Human Rights.ST/HR/SER.A/2 and Add.1. Report of Seminar on National and

Local Institutions for Promotion and Protection of HumanRights, Geneva, 18-24 September 1978.

Draft principles on equalityand non-discrimination in respect ofpersons born out of wedlock


E/1978/14 and Add.1-7. Note by Secretary-General (replies re-ceived from Governments).

E/1978/C.2/L.7. Algeria, Italy, Jamaica, Sweden: draft resolution,approved without objection by Second Committee on 27 April1978, meeting 20.

E/1978/63. Report of Second (Social) Committee, draft resolutionX.


The Economic and Social Council,Recalling its decision 234(LXII) of 13 May 1977 by which it de-

cided to transmit the draft general principles on equality and non-discrimination in respect of persons born out of wedlock to Gov-ernments for comments and to consider further those principlesat its first regular session of 1978, with a view to their approval,

Taking note of the comments received from a number of Gov-ernments,

1. Requests Governments which have not yet done so to sub-mit to the Secretary-General as soon as possible their commentsand observations concerning the draft general principles onequality and non-discrimination in respect of persons born out ofwedlock;

2. Decides to consider those general principles at its first regu-lar session of 1979, with a view to their possible approval.

Studies of specific rights or groups of rights

RIGHTS OF NATIONAL, ETHNIC,RELIGIOUS AND LINGUISTIC MINORITIES

Economic and Social Council—first regular session, 1978Second (Social) Committee, meetings 10-16, 19.Plenary meeting 15.

The Rights of Persons Belonging to National, Ethnic, Religiousand Linguistic Minorities. Study by Francesco Capotorti, Spe-cial Rapporteur of the Sub-Commission on Prevention of Dis-crimination and Protection of Minorities (E/CN.4/Sub.2/384/Rev.1). U.N.P. Sales No.: E.78.XIV.1.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters XVIIIand XXVI A (resolutions 14 A and B (XXXIV)).

E/1978/34, Chapter I A. Draft resolution III, as submitted by Com-mission for action by Economic and Social Council, approvedwithout vote by Second Committee on 27 April 1978, meeting19.


E/1978/63. Report of Second (Social) Committee, draft resolutionIII.


The Economic and Social Council,Recalling its resolution 1418(XLVI) of 6 June 1969 concerning

the study of the protection of minorities,Taking note of resolution 14(XXIV) of 6 March 1978 of the

Commission on Human Rights, on the rights of persons belong-ing to national, ethnic, religious and linguistic minorities,

1. Expresses its appreciation to Francesco Capotorti, SpecialRapporteur of the Sub-Commission on Prevention of Discrimina-tion and Protection of Minorities, for his valuable study on thequestion;

2. Requests the Secretary-General to arrange for the printingof the Special Rapporteur's study and to disseminate it as widelyas possible.

PROTECTION OF HUMAN RIGHTS OF NON-CITIZENSE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters XIII and XVII A(resolution 9(XXXI)).

OTHER STUDIES OF SPECIFICRIGHTS OR GROUPS OF RIGHTS

Realization of economic, social andcultural rights and study of theright to development as a human rightE/1978/34. Report of Commission on Human Rights on its 34th

session, Chapters VI and XXVI A (resolution 10(XXXIV), para.2).

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session,Chapters XV and XVII B (decision 6).

GenocideE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session,Chapters XII and XVII B (decision 4).

The Individual's duties to thecommunity and limitations on human rightsE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session,Chapters I (para. 8) and XVII B (decision 3, item 14) and Annex

Discrimination against Indigenous populationsE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session,Chapter IX.

Studies prepared for Sub-CommissionE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session,Chapters XV and XVII B (decision 1).

Slavery, including slavery-likepractices of apartheid and colonialismE/CN.4/1296. Report of Sub-Commission on Prevention of Dis-

crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters VI and XVII A(resolutions 6 A and B (XXXI)) and Annex II.

Convention on the rights of the child


E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters XIXand XXVI A (resolution 20(XXXIV)).

E/1978/34, Chapter I A. Draft resolution V, as submitted by Com-mission for action by Economic and Social Council, approvedwithout vote by Second Committee on 27 April 1978, meeting19.

E/1978/63. Report of Second (Social) Committee, draft resolutionV.


The Economic and Social Council,Having in mind the fact that the General Assembly, by its reso-

lution 31/169 of 21 December 1976, proclaimed the year 1979 In-ternational Year of the Child,

Bearing in mind that since the adoption by the General Assem-bly of the Declaration of the Rights of the Child nineteen yearshave elapsed, during which period States Members of the UnitedNations have taken into account in the formulation of their socio-economic policies the principles of that Declaration,

Conscious of the need further to strengthen the comprehensivecare and the well-being of children all over the world,

Aware of the special need to assist children in the developingcountries in a manner consistent with the goals of the new inter-national economic order,

Having in mind the International Covenant on Civil and PoliticalRights, in particular its articles 23 and 24, as well as the Interna-tional Covenant on Economic, Social and Cultural Rights, in par-ticular its article 10,

Taking note of resolution 20(XXIV) of 8 March 1978 of theCommission on Human Rights,

1. Takes note with satisfaction of the initiative taken by theCommission on Human Rights at its thirty-fourth session with aview to the conclusion of a convention on the rights of the childand to its adoption by the General Assembly, if possible duringthe International Year of the Child;

2. Recommends to the General Assembly that it should con-sider including in the agenda of its thirty-fourth session, as a pri-ority matter, the question of the adoption of a convention on therights of the child.

General Assembly—33rd sessionThird Committee, meetings 42, 43, 56, 62, 63, 73.Plenary meeting 90.

A/C.3/33/L.20. Austria, Bulgaria, Cuba, Cyprus, German Demo-cratic Republic, Guatemala, Jordan, Mongolia, Peru, Philip-

II pines, Poland, Suriname, Syrian Arab Republic: draft resolu-tion, as orally amended by United States and by sponsors,approved by consensus by Third Committee on 8 December1978, meeting 73.

A/C.3/33/L.77. United States: amendments to 13-power draft res-olution, A/C.3/33/L.20.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution V.


The General Assembly,Having in mind its resolution 31/169 of 21 December 1976, in

which it proclaimed the year 1979 International Year of the Child,Recalling its resolution 32/109 of 15 December 1977, in which

it, inter alia, reaffirmed that the major focus of the InternationalYear of the Child should be at the national level, but that thisshould be supported by regional and international co-operation,

Taking note of Commission on Human Rights resolution20(XXXIV) of 8 March 1978 and Economic and Social Councilresolutions 1978/18 of 5 May 1978 and 1978/40 of 1 August1978,


Bearing in mind that, since the adoption of the Declaration ofthe Rights of the Child, nineteen years have already elapsed, andthat during this time the principles of the Declaration have playeda significant part in the promotion of the rights of children in theentire world as well as in shaping various forms of internationalco-operation in this sphere,

Considering that during these nineteen years the conditions totake further steps by adopting a convention on the rights of thechild have been created,

Conscious of the need to strengthen further the comprehensivecare and the well-being of children all over the world,

1. Takes note with satisfaction of the decision of the Commis-sion on Human Rights at its thirty-fourth session, in its resolution20(XXXIV), to continue at its thirty-fifth session, as one of its pri-orities, its consideration of a draft convention on the rights of thechild;

2. Requests the Commission on Human Rights to organize itswork on the draft convention on the rights of the child at its thirty-fifth session so that the draft of the convention may be ready foradoption if possible during the International Year of the Child;

3. Decides to include in the provisional agenda of its thirty-fourth session the question of a convention on the rights of thechild.

Disappeared persons

General Assembly—33rd sessionThird Committee, meetings 62-64, 69, 70, 73, 74.Plenary meeting 90.

A/C.3/33/L76. Australia, Bahamas, Barbados, Bolivia, Canada,Colombia, Costa Rica, Dominican Republic, Ecuador, Finland,Gambia, Jamaica, Lesotho, Liberia, Netherlands, Spain, Surin-ame, Sweden, United Kingdom: draft resolution.

A/C.3/33/L.76/Rev.1. Revised draft resolution, sponsored byabove 19 powers and by Austria, Denmark, Iceland, Norway,Portugal and Sierra Leone, approved by consensus by ThirdCommittee on 12 December 1978, meeting 74.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution XII.


The General Assembly,Recalling the provisions of the Universal Declaration of Human

Rights, in particular articles 3, 5, 9, 10 and 11 concerning, interalia, the right to life, liberty and security of person, freedom fromtorture, freedom from arbitrary arrest and detention, and the rightto a fair and public trial, and the provisions of articles 6, 7, 9 and10 of the International Covenant on Civil and Political Rights,which define and establish safeguards for certain of these rights,

Deeply concerned by reports from various parts of the worldrelating to enforced or involuntary disappearances of persons asa result of excesses on the part of law enforcement or securityauthorities or similar organizations, often while such persons aresubject to detention or imprisonment, as well as of unlawfulactions or widespread violence,

Concerned also at reports of difficulties in obtaining reliable in-formation from competent authorities as to the circumstances ofsuch persons, including reports of the persistent refusal of suchauthorities or organizations to acknowledge that they hold suchpersons in their custody or otherwise to account for them,

Mindful of the danger to the life, liberty and physical security ofsuch persons arising from the persistent failure of these authori-ties or organizations to acknowledge that such persons are heldin custody or otherwise to account for them,

Deeply moved by the anguish and sorrow which such circum-stances cause to the relatives of disappeared persons, especiallyto spouses, children and parents,

1. Calls upon Governments:(a) In the event of reports of enforced or involuntary disappear-

ances, to devote appropriate resources to searching for such per-sons and to undertake speedy and impartial investigations;

(b) To ensure that law enforcement and security authorities ororganizations are fully accountable, especially in law, in the dis-charge of their duties, such accountability to include legal respon-sibility for unjustifiable excesses which might lead to enforced orinvoluntary disappearances and to other violations of humanrights;

(c) To ensure that the human rights of all persons, includingthose subjected to any form of detention and imprisonment, arefully respected;

(d) To co-operate with other Governments, relevant UnitedNations organs, specialized agencies, intergovernmental organi-zations and humanitarian bodies in a common effort to search for,locate or account for such persons in the event of reports of en-forced or involuntary disappearances;

2. Requests the Commission on Human Rights to consider thequestion of disappeared persons with a view to making appropri-ate recommendations;

3. Urges the Secretary-General to continue to use his good of-fices in cases of enforced or involuntary disappearances of per-sons, drawing, as appropriate, upon the relevant experience ofthe International Committee of the Red Cross and of other hu-manitarian organizations;

4. Requests the Secretary-General to draw the concerns ex-pressed in the present resolution to the attention of all Govern-ments, regional and interregional organizations and specializedagencies for the purpose of conveying on an urgent basis theneed for disinterested humanitarian action to respond to the situ-ation of persons who have disappeared.

Review and co-ordination of human rightsprogrammes of organizations in the UnitedNations system and co-operation with otherinternational programmes in human rights

General Assembly—33rd sessionThird Committee, meetings 53-59, 63, 68, 69.Plenary meeting 84.

A/33/191 and Add.1. Letter of 18 August from Ecuador, Portugal,Spain, Sweden and United States (request for inclusion inagenda of item entitled: "Review and co-ordination of humanrights programmes of organizations in the United Nations sys-tem and co-operation with other international programmes inthe field of human rights").

A/C.3/33/L.45. Ecuador, Portugal, Spain, Sweden, United States:draft resolution, as orally amended by France, by USSR and bysponsors, approved by consensus by Third Committee on 6December 1978, meeting 68.



The General Assembly,Conscious of its responsibilities under Article 13 of the Charter

of the United Nations to initiate studies and make recommenda-tions for the purpose of promoting international co-operation inthe economic, social, cultural, educational and health fields, andassisting in the realization of human rights and fundamental free-doms for all without distinction as to race, sex, language or reli-gion,

Having in mind the responsibility of the General Assembly forthe discharge of the functions set forth in Chapter IX of the Char-ter and the particular role of the Economic and Social Council un-der Chapter X in co-ordinating activities in the field of humanrights,

Taking into account the annual reports of the Human RightsCommittee and the Committee on the Elimination of Racial Dis-crimination, in addition to reports of the Economic and SocialCouncil, including those of the Commission on Human Rights,


which provide a broader basis for consideration of human rightsactivities of the United Nations,

Recognizing that some of the specialized agencies, especiallythe International Labour Organisation, the United Nations Educa-tional, Scientific and Cultural Organization and the World HealthOrganization, have developed procedures and programmes forthe promotion of human rights within their fields of competence,and that the work of these agencies significantly complementsthe work done by the United Nations human rights organs,

Noting the existence of other human rights organs and pro-grammes which function under separate constitutional instru-ments of intergovernmental organizations and have compiled sig-nificant records of human rights actions within their areas ofjurisdiction,

Recalling Economic and Social Council resolution 1159(XLI) of5 August 1966, by which formal relations between regional organ-izations and the Commission on Human Rights were authorized,

Recalling that, in its resolution 32/130 of 16 December 1977, itreaffirmed that all human rights and fundamental freedoms are in-divisible and interdependent, and that equal attention and urgentconsideration should be given to the implementation, promotionand protection of both civil and political, and economic, social andcultural rights,

Considering that the interdependence and indivisibility of hu-man rights and fundamental freedoms demand renewed efforts tostimulate greater co-operation, co-ordination and communicationamong all the intergovernmental agencies and institutions in-volved in protecting and promoting human rights and fundamentalfreedoms,

1. Requests the Commission on Human Rights, in the contextof the over-all analysis it has undertaken in response to GeneralAssembly resolution 32/130 and in accordance with Commissionresolution 26(XXXIV) of 8 March 1978, to consult with specializedagencies and other organs and bodies of the United Nations sys-tem which are, according to their mandates, concerned with theprotection and promotion of human rights and fundamental free-doms and, as appropriate, with other regional intergovernmentalbodies related to the United Nations system particularly con-cerned with human rights, on the various human rights activitiesand programmes and the existing modes of co-ordination, co-operation and communication among them;

2. Further requests the Commission on Human Rights to sub-mit to the General Assembly at its thirty-fourth session, throughthe Economic and Social Council and within the report of theaforementioned over-all analysis:

(a) A study of the existing modes of co-ordination, co-operation and communication in the field of human rights withinthe United Nations system;

(b) Suggestions and proposals which the Commission mightdeem appropriate to make in this respect.

Freedom of information

General Assembly—33rd sessionGeneral Committee, meetings 1, 2.Special Political Committee, meetings 38, 41-45, 48.Plenary meetings 4, 5, 87.

A/33/240 and Corr.1. Note by Secretary-General.A/SPC/33/L25. Costa Rica: draft decision, approved without vote

by Special Political Committee on 8 December 1978, meeting48.

A/33/511. Report of Special Political Committee (on questions re-lating to information), draft decision.

Decision 33/425, as recommended by Special Political Commit-tee, A/33/511, adopted without vote by Assembly on 18 De-cember 1978, meeting 87.

At its 87th plenary meeting, on 18 December 1978, the GeneralAssembly, on the recommendation of the Special Political Com-mittee, decided, in view of the fact that agenda item 77 (b), enti-tled "Freedom of information," had not been substantively consid-

ered at the current session and that no specific draft resolutionpertaining thereto had been introduced, to include in the provi-sional agenda of its thirty-fourth session the item entitled:

"Freedom of information:"(a) Draft Declaration on Freedom of Information;"(b) Draft Convention on Freedom of Information."

United Nations Yearbook on Human Rights

General Assembly—33rd sessionThird Committee, meetings 73, 74.Plenary meeting 90.

A/C.3/33/L71. Australia, Austria, Canada, Colombia, Nether-lands, Suriname: draft resolution, approved by consensus byThird Committee on 12 December 1978, meeting 74.

A/33/509. Report of Third Committee (on report of Economic andSocial Council), draft resolution X.


The General Assembly,Recalling Economic and Social Council resolution 9(II) of 21

June 1946, in accordance with which the United Nations Year-book on Human Rights was established,

Conscious that many developments have taken place since theYearbook was initially established, as a result of which the objec-tives, contents and format of the Yearbook may now be in needof modification,

Mindful that the Human Rights Committee has expressed thewish to have some of its documents recorded in a yearbook,

1. Requests the Commission on Human Rights at its thirty-fifthsession to review the objectives, contents and format of theUnited Nations Yearbook on Human Rights with a view to fram-ing appropriate recommendations as to the need for modifica-tions, such as the inclusion therein of appropriate documents ofthe Human Rights Committee and the Committee on the Elimina-tion of Racial Discrimination and of other important documents onhuman rights in order to enhance its wider dissemination of infor-mation relating to human rights;

2. Requests the Secretary-General to submit to the Commis-sion on Human Rights at its thirty-fifth session suggestions fornew contents and format for the Yearbook.

Methods and long-term programme of work


E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10 March 1978, Chapters IX andXXVI A (resolution 25(XXXIV)).

E/1978/34, Chapter I A. Draft resolution VI, as submitted by Com-mission for action by Economic and Social Council, approvedwithout vote by Second Committee on 27 April 1978, meeting19.

E/1978/63. Report of Second (Social) Committee, draft resolutionVI.


The Economic and Social Council,Recalling Articles 1 and 2 of the Charter of the United Nations

enumerating the purposes and principles of the United Nations,Concerned at the lack of adequate resources currently allo-

cated from the regular budget for the implementation of the hu-man rights programmes,


Invites the General Assembly at its thirty-third session to con-sider taking appropriate action to increase, within the limits ofavailable resources, the allocations to the budget of the humanrights programme of the United Nations.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978, Chapters XV and XVII A(resolution 7 A (XXXI)).

Reports of the Commission onHuman Rights and its Sub-Commission

Economic and Social Council—first regular session, 1978Second (Social) Committee, meeting 23.Plenary meeting 15.

E/1978/34. Report of Commission on Human Rights on its 34thsession, Geneva, 6 February-10. March 1978, Chapter XXV.(Annex IV: List of documents issued for 34th session of Com-mission.)

E/1978/63. Report of Second (Social) Committee, draft decisionX, as orally proposed by Second Committee Chairman, ap-proved without objection by Committee on 1 May 1978, meet-ing 23.

Decision 1978/29, taking note of report of Commission on HumanRights on its 34th session, as recommended by Second Com-mittee, E/1978/63, adopted without vote by Council on 5 May1978, meeting 15.

E/CN.4/1296. Report of Sub-Commission on Prevention of Dis-crimination and Protection of Minorities on its 31st session, Ge-neva, 28 August-15 September 1978. (Annex III: List of docu-ments issued for 31st session of Sub-Commission.)

Other documentsA/33/3. Report of Economic and Social Council, organizational

session for 1978 and first and 2nd regular sessions, 1978,Chapter V B.

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