Chapter XX Human rights questions

394 Economic and social questions

A/8401. Report of Secretary-General on work of the Organization,16 June 1970-15 June 1971, Part Three, Chapter VI E.

A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter VIII F.

A/C.3/L.1900. Afghanistan, Algeria, Austria, Belgium, Bhutan,Brazil, Canada, Chile, Costa Rica, Denmark, Egypt, Ethiopia,Finland, Greece, Iceland, India, Indonesia, Iran, Libyan ArabRepublic, Mauritania, Morocco, Nigeria, Norway, Pakistan,Philippines, Poland, Sierra Leone, Sudan, Sweden, Syrian ArabRepublic, Tunisia, Uruguay, Yugoslavia: draft resolution asorally amended by sponsors, approved unanimously by ThirdCommittee on 10 December 1971, meeting 1905.

A/8588. Report of Third Committee (on report of Economic andSocial Council), draft resolution I.

RESOLUTION 2855(XXVI), as recommended by Third Commit-tee, A/8588, adopted unanimously by Assembly on 20December 1971, meeting 2027.

The General Assembly,Having considered the section of the report of the Economic and

Social Council dealing with the United Nations Children's Fund,Recognizing that, in countries assisted by the Fund, children

and adolescents represent about half of the total population, andthat their number will increase by nearly a third in the decade of the1970s,

Convinced of the importance of ensuring that children andadolescents receive their due share of attention and investment inthe developing process of developing countries,

Recognizing the valuable role the Fund is playing, inco-operation with Governments, the relevant technical and otheragencies of the United Nations system and non-governmentalorganizations, in furthering the objectives of the Second UnitedNations Development Decade,

Welcoming the efforts of the Fund to bring the needs of childrenand adolescents in developing countries to world-wide attentionand the practical aid the Fund gives to developing countries toenable them to provide services for children and adolescentswithin a unified approach to economic and social development,

Noting with approval the prompt and effective assistance thatthe Fund has provided in natural and. other disasters to meet theurgent needs of mothers and children, who are particularlyvulnerable and constitute the large majority of those affected bydisasters,

1. Commends the United Nations Children's Fund for its verysubstantial and significant achievements during its twenty-fiveyears of operation, and expresses its appreciation to all whohelped contribute to those achievements;

2. Endorses the policies of the Fund;3. Requests the Fund to continue and expand its co-operation

with countries for the protection of the younger generation andtheir preparation for future responsibilities;

4. Appeals to Governments and other donors to make everyeffort to increase their contributions to the Fund, so as to enable itto reach its target figure of $100 million by 1975.

ELECTIONS TO EXECUTIVE BOARD

Economic and Social Council—50th sessionPlenary meeting 1770.

E/L.1373. Election of 10 members of Executive Board of UNICEF.Note by Secretary-General.

E/5044. Resolutions adopted by Economic and Social Councilduring its 50th session, 11-13 January and 26 April-21 May1971. Other decisions, p. 31.

Other documentsE/ICEF/608 and Corr.1 and Add.1-9. General progress report of

Executive Director. Add.1: Programme developments in Westand Central Africa; Add.2: Programme developments in Ghanaand Nigeria; Add.3: Programme developments in East Africa;Add.4: Programme developments in Americas; Add.5: Pro-gramme developments in East Asia and Pakistan; Add.6:Programme developments in South Central Asia; Add.7:Programme developments in Eastern Mediterranean; Add.8:Programme developments in Europe, Turkey and North Africa;Add.9: First 25 years of UNICEF: a summary of policy evolution.

E/ICEF/609. Report of UNICEF/WHO Joint Committee on HealthPolicy, 18th session, 1-2 February 1971, Geneva, Switzerland.

E/ICEF/614. Report on organizational meeting of Executive Boardfor election of officers and committees for period 1 August1971-31 July 1972.

E/ICEF/INF/33. Checklist of UNICEF documents, issued inconnexion with session of Executive Board, 13-29 April 1971,Geneva, Switzerland.

UNICEF News. Issues 68-70 (Summer: UNICEF at Twenty-five;October: India; December: Africa).

Chapter XX

Human rights questions

Action against racism, racial discrimination, apartheid, nazismand racial intolerance

During 1971, which had been designated by theGeneral Assembly as the International Year forAction to Combat Racism and Racial Discrimina-tion, United Nations bodies intensified theirefforts to take effective and practical measuresagainst all forms of racism and racial discrimina-tion.

Among the matters dealt with were: implemen-tation of the Declaration and Convention on theElimination of All Forms of Racial Discrimination;

apartheid and racial discrimination in southernAfrica; measures against incitement to racialdiscrimination; and other matters concerning theprevention of discrimination and protection ofminorities.

Decisions on these and other related matters,such as violations of human rights and fundamen-tal freedoms, taken by United Nations bodiesduring 1971 are described in the sections thatfollow.

Human rights questions 395

In a message concerning the United Nationscampaign against racial discrimination, which thePresident of the twenty-sixth (1971) session of theGeneral Assembly forwarded to the heads of Stateor Government, the General Assembly stated thatit was as convinced as ever that the continuation ofnational and international action against racialdiscrimination in all its forms, old and contempo-rary alike, was a matter of cardinal importance ifthe world was to live in peace and justice—the twointerdependent and indispensable components ofa better future for all mankind.

The Assembly declared that the primary aim ofthe United Nations and, therefore, of all itsMember States in the sphere of human rights was

the achievement by each individual of the max-imum freedom and dignity and that, for therealization of this objective, the laws of everycountry should grant each individual—irrespec-tive of race, sex, language, religion or politicalbelief—all the rights inherent in all human beingson the basis of equality, and that the people ofevery country must be made fully aware of theevils of the policies of racial discrimination and ofthe ideologies based on racial supremacy and mustjoin in condemning, resisting and combating them.The continuation of racism and colonialism couldnot but seriously hamper the efforts of theinternational community to achieve peace, justiceand progress.

International Year for Action to Combat Racism and Racial Discrimination

The year 1971 was observed as International Yearfor Action to Combat Racism and Racial Discrimi-nation, in accordance with a General Assemblydecision of 11 December 1969.1

The General Assembly's Special Committee onApartheid held a special session in New York from22 to 24 March 1971 in connexion with observanceof the International Year (see page 65). TheCommission on Human Rights, the Economic andSocial Council and the General Assembly alsoconsidered measures to combat racism and racialdiscrimination during and after 1971.

Decisions by Human Rights Commissionand Economic and Social Council

At its twenty-seventh session, held from 22February to 26 March 1971, the Commission onHuman Rights generally agreed that although theprogramme for the observance of the Internation-al Year for Action to Combat Racism and RacialDiscrimination consisted of commendable meas-ures aimed at combating racism and racialdiscrimination, further measures were necessaryto make the programme more successful. Inparticular, the Commission felt that effectiveaction should be taken to combat racial discrimina-tion in southern Africa.

On 1 March 1971, the Commission adopted aresolution by which, recalling that 1971 had beendesignated International Year for Action toCombat Racism and Racial Discrimination, itappealed to international public opinion to protestany attempt to violate the relevant provisions ofthe Security Council resolutions imposing anembargo on the sale of arms to South Africa. TheSub-Commission on Prevention of Discriminationand Protection of Minorities approved similarconclusions on 18 August 1972, at its twenty-fourth session.

The Economic and Social Council, at its April-

May 1971 session, adopted a resolution (1588(L)of 21 May 1971) dealing among other things withobservance of the International Year.

The Council recommended that the GeneralAssembly: (a) request every competent UnitedNations organ, specialized agency, regional inter-governmental organization and non-governmen-tal organization in consultative status to consider attheir 1971 sessions as a matter of the highestpriority the International Year for Action toCombat Racism and Racial Discrimination; (b)urge all States not parties to the InternationalConvention on the Elimination of All Forms ofRacial Discrimination to accelerate the process ofratifying that Convention, especially during theInternational Year; and (c) pursue, after 1971 andin co-operation with United Nations and otherinternational organizations, a world-wide pro-gramme intended to build up public opin-ion—especially through radio and televisionbroadcasts and the distribution of appropriateliterature—to eradicate false racial beliefs.

(For text of resolution 1588(L), see pp. 413-14.)

Decisions by General AssemblyAt its 1971 session, the General Assembly

considered a report by the Secretary-Generalconcerning measures and activities undertaken byGovernments, by United Nations bodies and byother international organizations in observance ofthe International Year for Action to CombatRacism and Racial Discrimination.

On 6 December 1971, the Assembly amongother things expressed its appreciation to theGovernments, United Nations bodies and otherinter-governmental and non-governmental organ-izations which had acted in good faith withoutpolitical motivation and in accordance with the

1 See Y.U.N., 1969, pp. 486-87, text of resolution 2544(XXIV).


United Nations Charter and contributed positivelyto the observance of the International Year. Itrecommended that the measures and activitieswhich they had undertaken be continued, devel-oped and enlarged, and that the initiatives whichhad emerged from the observance of the Interna-tional Year should serve as guidelines for action-oriented programmes designed to ensure that thework accomplished in 1971 would be pursued.

The Assembly urged all States concerned toimplement a programme of political, social,cultural and economic redress to improve theconditions of those suffering from the effects ofpast and present policies of racial discrimination;in particular, it appealed to Governments and allorganizations in the United Nations system todevote urgent attention to the problems involvedin the education of youth, in order to combat racialpolicies and to promote equal rights and econom-ic, social and cultural progress for all.

It requested all competent United Nationsbodies and regional inter-governmental and non-governmental organizations in consultative status,acting in good faith without political motivationand in accordance with the Charter, to consider asa matter of highest priority further actions theymight take with a view to the speedy elimination ofracial discrimination throughout the world.

Also, the Assembly endorsed the Economic andSocial Council's invitation to the InternationalLabour Organisation and the United NationsEducational, Scientific and Cultural Organizationto report annually to the Human Rights Commis-sion on the nature and effect of any racialdiscrimination of which they had knowledge; italso endorsed the Council's invitation to non-gov-ernmental organizations in consultative status witha special interest in the elimination of racism toadvise on their endeavours in this regard bien-nially.

The Assembly also, among other things, re-quested the Secretary-General to study informa-tion programmes on all questions relating to racialdiscrimination and to pursue, as a major feature ofaction to combat racism and racial discriminationafter the International Year, a world-wide pro-gramme intended to build up public opin-ion—especially through radio and televisionbroadcasts and the distribution of appropriateliterature—with a view to eradicating once and forall false racial beliefs based upon distortion or lackof scientific knowledge. The Secretary-General

was also asked to submit to the Assembly in 1972 areport on measures taken by United Nationsorgans which would make possible a formulationof new methods and measures to combat racism,racial discrimination and apartheid.

These Assembly decisions were set forth inresolution 2785(XXVI), which was adopted by arecorded vote of 87 to 2, with 23 abstentions, onthe recommendation of the Third (Social, Human-itarian and Cultural) Committee. The text wasbased on a proposal by Argentina, Costa Rica,Cyprus, Dahomey, the Dominican Republic, Gha-na, Greece, Japan, Morocco, New Zealand andUruguay; it was approved by the Third Commit-tee on 11 November 1971 by a recorded vote of 76to 6, with 31 abstentions.

(For text of resolution, see DOCUMENTARYREFERENCES below.)

Also on 6 December 1971, the Assemblyadopted a resolution by which it expressed theconviction that the International Year for Actionto Combat Racism and Racial Discriminationshould be observed as the opening year of anever-growing struggle against racial discriminationin all its forms and manifestations and for thepurpose of promoting international solidarity withall those struggling against racism. The Assemblyfurther considered that by arousing world publicopinion and promoting action against racism, theInternational Year would contribute to the expan-sion of national and international efforts towardsensuring the rapid and total eradication of racialdiscrimination in all its forms.

The Assembly then, among other things, invitedthe Economic and Social Council to request theCommission on Human Rights to submit sugges-tions with a view to launching a decade forcontinued mobilization against racism and racialdiscrimination in all its forms.

Annexed to the resolution was a message fromthe President of the General Assembly to theheads of State or Government concerning theUnited Nations campaign against racial discrimi-nation, including the observance of the Interna-tional Year for Action to Combat Racism andRacial Discrimination.

(For text of resolution 2784(XXVI), see pp.402-4.)

(See also page 80 and page 81, for texts ofresolutions 2775 B (XXVI) and 2775 D(XXVI),respectively.)

DOCUMENTARY REFERENCES

Decisions of Human Rights CommissionE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters II A and XIX(resolution 1 (XXVII)).

E/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-tion of Discrimination and Protection on Minorities on its 24thsession, 2-20 August 1971, Chapters III and XII (resolution5(XXIV)).


Decisions of General Assembly

General Assembly—26th sessionThird Committee, meetings 1844-1868.Plenary meeting 2001.

A/8367 and Corr. 1,2 and Add.1,2. Report of Secretary-General.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 1.A/C.3/L.1872 and Rev.1. Argentina, Costa Rica, Cyprus, Da-

homey, Dominican Republic, Ghana, Greece, Japan, Morocco,New Zealand, Senegal, Uruguay: draft resolution and revision.

A/C.3/L.1872/Rev.2. Argentina, Costa Rica, Cyprus, Dahomey,Dominican Republic, Ghana, Greece, Japan, Morocco, NewZealand, Uruguay: revised draft resolution, as orally revised bysponsors, approved by Third Committee on 11 November 1971,meeting 1867, by recorded vote of 76 to 6, with 31 abstentions:

In favour: Argentina, Australia, Austria, Barbados, Belgium,Bhutan, Brazil, Burma, Canada, Chad, Chile, Colombia, CostaRica, Cyprus, Dahomey, Denmark, Dominican Republic, Ecua-dor, Egypt, El Salvador, Ethiopia, Fiji, Finland, France, Gabon,Gambia, Ghana, Greece, Guatemala, Guyana, Honduras,Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Ivory Coast,Jamaica, Japan, Lebanon, Lesotho, Liberia, Luxembourg,Madagascar, Malaysia, Mexico, Morocco, Nepal, Netherlands,New Zealand, Nicaragua, Nigeria, Norway, Panama, Peru,Philippines, Portugal, Senegal, Sierra Leone, Singapore, So-malia, Spain, Swaziland, Sweden, Thailand, Togo, Trinidad andTobago, Tunisia, Turkey, United Kingdom, United States,Uruguay, Venezuela, Zaire.

Against: Byelorussian SSR, Iraq, Jordan, Syrian ArabRepublic, Ukrainian SSR, USSR.

Abstaining: Afghanistan, Algeria, Bulgaria, Burundi, Cam-eroon, Central African Republic, Ceylon, Cuba, Czechoslovakia,Equatorial Guinea, Guinea, Hungary, Kenya, Kuwait, LibyanArab Republic, Mali, Mauritania, Mongolia, Niger, People'sDemocratic Republic of Yemen, Poland, Romania, Rwanda,Saudi Arabia, Sudan, Uganda, United Republic of Tanzania,Upper Volta, Yemen, Yugoslavia, Zambia.

A/8542 and Corr. 1. Report of Third Committee, draft resolution III.

RESOLUTION 2785(XXVI), as recommended by Third Commit-tee, A/8542, adopted by Assembly on 6 December 1971,meeting 2001, by recorded vote of 87 to 2, with 23 abstentions,as follows:

In favour Afghanistan, Argentina, Australia, Austria, Bar-bados, Botswana, Brazil, Burma, Burundi, Cameroon, Canada,Chad, Chile, Congo, Costa Rica, Cyprus, Dahomey, Denmark,Dominican Republic, Ecuador, Egypt, Equatorial Guinea,Ethiopia, Finland, France, Gabon, Gambia, Ghana, Greece,Guatemala, Guinea, Guyana, Honduras, Iceland, India, In-donesia, Iran, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan,Kenya, Lebanon, Liberia, Luxembourg, Madagascar, Malaysia,Mali, Malta, Mauritania, Mexico, Morocco, Nepal, Netherlands,New Zealand, Nicaragua, Niger, Nigeria, Norway, Pakistan,Panama, Paraguay, Peru, Philippines, Portugal, Qatar, Rwanda,Saudi Arabia, Senegal, Singapore, Somalia, Spain, Sudan,Sweden, Thailand, Togo, Tunisia, Turkey, Uganda, UnitedKingdom, United States, Uruguay, Venezuela, Zaire, Zambia.

Against: Belgium, People's Democratic Republic of Yemen.*Abstaining: Algeria, Bahrain, Bulgaria, Byelorussian SSR,

Central African Republic, Colombia, Cuba, Czechoslovakia,Hungary, Iraq, Jordan, Kuwait, Libyan Arab Republic, Mongolia,Oman, Poland, Romania, Syrian Arab Republic, Ukrainian SSR,USSR, United Republic of Tanzania, Yemen, Yugoslavia.

*Subsequently the People's Democratic Republic of Yemenadvised the Secretariat that it had intended to vote in favour.

The General Assembly,Firmly convinced that all forms of racial discrimination are a total

negation of the purposes and principles of the Charter of theUnited Nations and that they militate against human progress,peace and justice,

Recalling its resolutions 2446(XXIII) of 19 December 1968,2544(XXIV) of 11 December 1969, in which it designated the year1971 as International Year for Action to Combat Racism andRacial Discrimination, and 2646(XXV) of 30 November 1970, inwhich it welcomed the observance of 1971 as the InternationalYear for Action to Combat Racism and Racial Discrimination andurged all Governments, the specialized agencies and all otherorganizations concerned to make renewed efforts to take effectiveand practical measures to this end and, in particular, Economicand Social Council resolution 1588(L) of 21 May 1971, whichprovided for further action that should be taken to eliminatespecifically racial discrimination in the political, economic, socialand cultural spheres,

Noting the Secretary-General's second progress report, basedon information received from Governments, the specializedagencies and other international organizations, on the observanceof the International Year for Action to Combat Racism and RacialDiscrimination and on the activities of United Nations organs toeliminate all forms of racial discrimination and apartheid,

Noting the Secretary-General's report on the review andreappraisal of United Nations information policies and activities,analysing the relationship of United Nations public informationactivities to the achievement of the substantive goals of the UnitedNations, including the elimination of apartheid, racial discrimina-tion and colonialism, and stressing the need, within the principlesof universality and objectivity, of a United Nations informationprogramme more directly geared to the support of these goals,

Noting the measures that have been taken and the progress thathas been achieved to date in the implementation of the programmefor the observance of the International Year for Action to CombatRacism and Racial Discrimination by Governments, UnitedNations organs, specialized agencies, regional intergovernmentalorganizations and the national and international non-governmentalorganizations concerned,

1. Expresses its appreciation to the Governments, UnitedNations organs, specialized agencies, regional intergovernmentalorganizations and non-governmental organizations, which haveacted in good faith without political motivation and in accordancewith the Charter of the United Nations and contributed positively tothe observance of the International Year for Action to CombatRacism and Racial Discrimination;

2. Further expresses its appreciation to the Secretary-Generalfor the effective co-ordination of the measures and activitiesundertaken to date in connexion with the International Year forAction to Combat Racism and Racial Discrimination and for theinformative progress reports he has submitted thereon to theGeneral Assembly;

3. Recommends that the measures and activities undertakenon the occasion of the International Year for Action to CombatRacism and Racial Discrimination by Governments, UnitedNations organs, specialized agencies, regional intergovernmentalorganizations and non-governmental organizations genuinelyconcerned with the elimination of racism and racial discriminationbe continued, developed and enlarged, and that the initiativeswhich have emerged from the observance of the International Yearshould serve as. guidelines for action-oriented programmesdesigned to ensure that the work accomplished in 1971 will bepursued;

4. Urges all States concerned to implement a programme ofpolitical, social, cultural and economic redress to improve theconditions of those suffering from the effects of past and presentpolicies of racial discrimination and, in particular, appeals toGovernments and all organizations in the United Nations system todevote their urgent attention to the problems involved in theeducation of youth, in a spirit of world peace, justice, mutualrespect and understanding, as well as respect for the value anddignity of the human person and generally recognized principles ofmorality and international law concerning friendly relations andco-operation among States, in order to combat racial policies andto promote equal rights and economic, social and cultural progressfor all;


5. Requests every competent United Nations organ, special-ized agency, regional intergovernmental organization and non-governmental organization in consultative status, acting in goodfaith without political motivation and in accordance with the Charterof the United Nations, to consider, as a matter of highest priority:

(a) The further action that it might itself take with a view to thespeedy elimination of racial discrimination throughout the world;

(b) The action that it might suggest to its subsidiary organs, toStates and to international and national bodies for this purpose;

(c) The follow-up measures required to ensure full andeffective implementation of its decisions in this matter;

6. Endorses the invitation addressed by the Economic andSocial Council to the International Labour Organisation and theUnited Nations Educational, Scientific and Cultural Organization toprovide the Commission on Human Rights with reports on thenature and effect of any racial discrimination of whose existencethey have knowledge in their sphere of competence and requeststhat such reports should be submitted annually, and also endorsesthe invitation addressed by the Council to the non-governmentalorganizations in consultative status referred to in paragraph 5above which have a special interest in the elimination of racismand racial discrimination to communicate biennially to the Council,and for the information of any interested organ of the UnitedNations, their endeavours and progress in the struggle againstracism, apartheid and racial discrimination in all its forms;

7. Requests the Secretary-General:

(a) In conformity with the conclusions stated in paragraphs 52and 57 of his report on the review and reappraisal of UnitedNations information policies and activities, to study informationprogrammes on all questions relating to racial discrimination,taking into account the views of the Economic and Social Counciland its competent subsidiary bodies with a view to intensifying therealization of such programmes;

(b) To pursue, as a major feature of action to combat racismand racial discrimination after the International Year, a world-wideprogramme intended to build up public opinion, especially throughradio and television broadcasts, and the distribution of appropriateliterature such as the Statement on Race and Racial Prejudice,adopted by a committee of experts on the subject convened by theUnited Nations Educational, Scientific and Cultural Organization inParis in September 1967, and the special study on racialdiscrimination in the political, economic, social and culturalspheres, prepared by the Special Rapporteur of the Sub-Commis-sion on Prevention of Discrimination and Protection of Minorities,with a view to eradicating once and for all false racial beliefs basedupon distortion or lack of scientific knowledge and showing howthe different races complement one another;

8. Requests the Secretary-General to submit to the GeneralAssembly at its twenty-seventh session a report on the measurestaken by United Nations organs, which would make possible adetailed assessment and formulation of further new methods andmeasures to combat racism, racial discrimination and apartheid.

Implementation of Declaration and Convention on Elimination ofAll Forms of Racial Discrimination

Elimination of all forms of racial discriminationOn 6 December 1971, at its twenty-sixth session,

the General Assembly adopted a resolution(2784(XXVI)) calling for continued internationalaction to combat racism and racial discrimination.Annexed to the resolution was a special mes-sage—concerning the United Nations campaignagainst racial discrimination—which the Assemblyasked its President to forward directly to the headsof State or Government of each State (see below).

The Secretary-General was asked to submit areport, based on information and commentsreceived in accordance with that message, to theCommission on Human Rights at its 1972 session.The Economic and Social Council was invited toask the Commission to submit suggestions with aview to launching continued international actionto combat racism on the basis of a "Decade forvigorous and continued mobilization against rac-ism and racial discrimination in all its forms."

The Assembly then reaffirmed that apartheid wasa crime against humanity and declared that racialdiscrimination in all its forms was a criminalaffront to the conscience and dignity of mankind.It reaffirmed emphatically its recognition andvigorous support of the struggles of all oppressedpeoples everywhere—and in particular in south-ern Africa—against colonial, racial and aliendomination or foreign occupation towards theachievement of their inalienable rights to equalityand freedom, in accordance with the purposes andprinciples of the United Nations Charter. TheAssembly called for increased and continuedmoral and material support to all peoples strug-

gling for their liberation, self-determination andthe elimination of all forms of racial discrimina-tion.

The Assembly took note with appreciation ofthe report of the Committee on the Elimination ofRacial Discrimination established under the Inter-national Convention on the Elimination of AllForms of Racial Discrimination2 and endorsedopinions and recommendations of that Commit-tee.

The Assembly then called upon the tradingpartners of South Africa to abstain from anyaction that constituted an encouragement to thecontinued violation of the principles and objec-tives of the International Convention by SouthAfrica and the illegal régime in SouthernRhodesia, and to use their influence towardsensuring the eradication of the policies of apartheidand racial discrimination in the internationalterritory of Namibia and Southern Rhodesia.

The United Kingdom—the administering pow-er for Southern Rhodesia—was called on by theAssembly to adopt all the necessary measures,including the use of force, with a view to endingthe racist and illegal régime of Ian Smith. Portugalwas condemned for persisting in its colonialistpolicies in Africa and for continuing its war againstthe peoples of the territories under its domination.

The Economic and Social Council was invited torequest the Human Rights Commission to contin-ue its comprehensive studies of policies and

2 See Y.U.N., 1965. pp. 440-46, resolution 2106 A(XX) of 21 December

1965, containing text of International Convention.


practices of racial discrimination, taking intoaccount in particular discrimination against peo-ples of African origin in all countries, and toreport to the Assembly not later than at its 1973session, together with recommendations for actionto combat such policies and practices.

Finally, by this resolution the Assembly decidedto consider the matter again at its twenty-seventhsession in 1972.

The message to the heads of State or Govern-ment from the President of the General Assembly,annexed to the resolution, made the followingpoints about the United Nations campaign againstracial discrimination:

(a) The racist Government of South Africa andthe illegal régime in Southern Rhodesia hadblatantly continued to pursue policies of racialdiscrimination and apartheid in flagrant violationof the purposes and principles of the Charter andof those enshrined in the Universal Declaration ofHuman Rights.

(b) South Africa continued to effect an exten-sive arms build-up, thus posing a serious threat tothe security and sovereignty of independentAfrican States opposed to its racist policies, as wellas to all those peoples struggling against the racialand inhuman policies in southern Africa.

(c) The racist policies in southern Africa hadbeen permitted, even encouraged, to expandthrough: (i) the continued existence and operationof the white racist minority régime in SouthernRhodesia through the deliberate ineffectiveness ofmeasures so far taken by the Government of theUnited Kingdom; and (ii) the illegal occupation ofthe territory of Namibia by the racist Governmentof South Africa.

(d) The racist Governments in southern Africahad been further strengthened through: (i) themaintenance by many States of political, commer-cial, military, economic, social and other relationswith the racist Governments in southern Africa inutter disregard of United Nations resolutions andof Charter purposes and principles; and (ii) anunholy alliance between South Africa, Portugaland Southern Rhodesia, established to suppressthe struggle of the peoples of that region and tosilence the cry of Africa against racism, apartheid,economic exploitation and colonial domination.

(e) The United Nations had vigorously op-posed all policies based on racial discriminationand consequently had: (i) declared that any Stateswhose official policy or practice was based on racialdiscrimination contravened the purposes andprinciples of the Charter, and called on thoseGovernments to desist forthwith from such poli-cies; (ii) condemned the policies of States which, bypolitical, economic or military collaboration withthe racist régimes in southern Africa, enabled andencouraged those régimes to enforce and perpetu-

ate their racist policies, and called upon thoseStates to desist forthwith from extending suchcollaboration; and (iii) reaffirmed time and againthe legitimacy of the struggle of all oppressedpeoples, in particular in the territories underracial, alien domination or foreign occupation, toobtain liberation and racial equality, and called forincreased and continued moral and materialsupport to those struggling peoples.

(f) However, the numerous resolutions thathad been adopted by various United Nationsorgans still had little or no effect, owing to thearrogant, flagrant and stubborn disregard on thepart of South Africa and its racist allies, transplant-ed to the soil of Africa, and to the continuedpolitical, economic and military aid coming fromsome States.

The President's message went on to state thatthe General Assembly was, therefore, as convincedas ever that the continuation of national andinternational action against racial discrimination inall its forms, old and contemporary alike, was amatter of cardinal importance if the world was tolive in peace and justice—the two interdependentand indispensable components of a better futurefor all mankind.

The Assembly was also convinced, the messagesaid, that the primary aim of the United Nationsand therefore all its Member States in the sphereof human rights was the achievement by eachindividual of the maximum freedom and dignityand that, for the realization of this objective, thelaws of every country should grant each in-dividual—irrespective of race, sex, language,religion or political belief—all the rights inherentin all human beings on the basis of equality, andthat the people of every country must be madefully aware of the evils of the policies of racialdiscrimination and of the ideologies based onracial supremacy and must join in condemning,resisting and combating them.

The General Assembly, the message added, wasfurther convinced that the continuation of racismand colonialism could not but seriously hamperthe efforts of the international community toachieve peace, justice and progress.

In the message, the President went on to say thatthe Assembly had authorized him to request theheads of State and Government to transmit thepresent text to the legislative, administrative,judicial, educational and trade union bodies oftheir countries, as well as to the mass media ofinformation, in order to ensure the continuationof the world campaign against racial discrimina-tion, bearing in mind that the International Yearfor Action to Combat Racism and Racial Discrimi-nation should be considered as the opening yearfor a full decade of vigorous struggle against thisevil, until the achievement of its total elimination.


To that end, the President said, the GeneralAssembly recommended, among other things:

(a) discussion of the problem in all nationaland international conferences, especially in thefields of education, information, trade unions,

(b) inculcation through education of childrenand youth in the spirit of human rights byincluding in the curricula special and yearlyprogrammes on the evils of racism and racialdiscrimination;

(c) continuation of the programmes designat-ed to be carried out during 1971—the Internation-al Year for Action to Combat Racism and RacialDiscrimination—and their development and up-dating, in order to intensify the efforts to combatracial discrimination;

(d) continuation of open moral support andincreasing material aid to peoples strugglingagainst racial discrimination and apartheid;

(e) termination of all relations with the Gov-ernment of South Africa and all other racistrégimes;

(f) exerting every effort to bring about the fullimplementation of all Security Council and Gener-al Assembly resolutions that reflected the world'sresolve to end each and every case of discrimina-tion and foreign exploitation; and

(g) repeal of all laws and regulations contribut-ing to the maintenance and propagation of racialdiscrimination.

Finally, the message said, the Assembly hadasked the Secretary-General to submit a report onthe question to the Assembly's twenty-seventh(1972) session, in which would be included reportsof Governments on the message.

The resolution, and its annex, was adopted bythe Assembly on 6 December by a recorded vote of93 to 5, with 15 abstentions, as recommended bythe Assembly's Third (Social, Humanitarian andCultural) Committee, which approved it—as re-vised by its sponsors—by a recorded vote of 93 to6, with 11 abstentions, on 10 November. The textwas sponsored by Afghanistan, Algeria, Burundi,Cameroon, the Congo, Cyprus, Dahomey, Egypt,Ethiopia, Ghana, Guinea, India, Kenya, Liberia,the Libyan Arab Republic, Mali, Mauritania,Morocco, Niger, Nigeria, Pakistan, the People'sDemocratic Republic of Yemen, Rwanda, Senegal,Sierra Leone, Somalia, Sudan, the Syrian ArabRepublic, Togo, Uganda, the United Republic ofTanzania, Upper Volta, Yemen, Yugoslavia andZambia. (For text of resolution 2784(XXVI), seeDOCUMENTARY REFERENCES below.)

Report of Committee on Eliminationof Racial Discrimination

The Committee on the Elimination of RacialDiscrimination, set up under the terms of the

International Convention on the Elimination ofAll Forms of Racial Discrimination, held its thirdand fourth sessions during 1971 and submitted itssecond annual report to the General Assembly inSeptember.

At its third session, held from 12 to 23 April, theCommittee continued its consideration of reportssubmitted under article 9 of the InternationalConvention, by which States parties undertake tosubmit reports and information on the legislative,judicial, administrative or other measures adoptedby them giving effect to the provisions of theConvention. With regard to the reports from 32States parties it examined at its second and thirdsessions, the Committee decided that 17 containedincomplete information and it requested thoseStates to supply further information. A similarrequest was addressed to eight other States partiesat the Committee's fourth session—held from 23August to 10 September.

The Committee's report drew the Assembly'sattention to reports submitted by Panama and theSyrian Arab Republic relating to situations in thePanama Canal Zone and the Golan Heights,respectively. Since the information concernedStates which were not parties to the Convention,the Committee, recognizing it had no competenceto request information from such States, decidedto draw the Assembly's attention to those situa-tions.

At its fourth session, the Committee completedits examination of material concerning Trust andNon-Self-Governing Territories received from theTrusteeship Council and the Special Committeeon the Situation with regard to the Implementa-tion of the Declaration on the Granting ofIndependence to Colonial Countries and Peoples,and submitted its opinions and recommendationsthereon to the General Assembly.

On 6 December 1971, the General Assemblyadopted a resolution by which, among otherthings, it:

(1) urged all States not yet parties to theInternational Convention on the Elimination ofAll Forms of Racial Discrimination to ratify oraccede to the Convention as soon as possible andasked them to report to the Assembly on measurestaken to that effect, on any obstacles encounteredand on any interim measures taken to complystrictly with the principles set out in the UnitedNations Declaration on the Elimination of AllForms of Racial Discrimination3 and in theConvention;

(2) took note with appreciation of the report ofthe Committee on the Elimination of RacialDiscrimination on the second year of its activities;

3 See Y.U.N., 1968, pp. 344-46, resolution 1904(XVIII), containing text ofDeclaration.


(3) drew the attention of all States to thecontents of that report;

(4) commended the Committee for its effortsto obtain extensive reports from States parties, aswell as information concerning Trust and Non-Self-Governing Territories;

(5) expressed the view that the Committee'swork would be facilitated if the reports submittedby States parties conformed with the guidelineslaid down by the Committee for that purpose andif the Committee invited States to be present at itsmeetings when their reports were examined;

(6) recognized that the Assembly's considera-tion of the Committee's reports would be facilitat-ed by the inclusion of the criteria used by theCommittee when it examined in greater depth thesubstance of the reports submitted from Statesparties;

(7) drew the attention of the TrusteeshipCouncil and the Special Committee on theSituation with regard to the Implementation of theDeclaration on the Granting of Independence toColonial Countries and Peoples to the Committee'sreport, and asked them to take appropriate actionwithin their terms of reference in their respectivespheres of activity, as expressed in the relevantparts of the report; and

(8) requested the Secretary-General to trans-mit to the Committee the records of the discussionon its report at the twenty-sixth (1971) session ofthe General Assembly.

The Assembly took these decisions when itadopted resolution 2783(XXVI), by a vote of 101to 0, with 5 abstentions, on the recommendation ofits Third Committee, where it Was approved on 10November by a recorded vote of 108 to 1, with 4abstentions. The text was proposed and revised byFinland, and amended by the USSR.

By another resolution adopted on 6 December(2784(XXVI)), the General Assembly among otherthings took note with appreciation of the Commit-tee's report and endorsed various opinions andrecommendations submitted by the Committee(see above).

(For texts of resolutions 2783(XXVI) and2784(XXVI), see DOCUMENTARY REFERENCES be-low.)

Status of International Convention onelimination of racial discrimination

The International Convention on the Elimina-tion of All Forms of Racial Discrimination enteredinto force on 4 January 1969. By its terms, Statesparties among other things condemn "racialdiscrimination and undertake to pursue by allappropriate means and without delay a policy ofeliminating racial discrimination in all its formsand promoting understanding among all races."

As at 31 December 1971, the following 58 Stateshad ratified or acceded to the InternationalConvention on the Elimination of All Forms ofRacial Discrimination:

Argentina, Bolivia, Brazil, Bulgaria, the ByelorussianSSR, Cameroon, Canada, the Central African Re-public, Chile, Costa Rica, Cyprus, Czechoslovakia,Denmark, Ecuador, Egypt, the Federal Republic ofGermany, Finland, France, Ghana, Greece, the HolySee, Hungary, Iceland, India, Iran, Iraq, Jamaica,Kuwait, Lebanon, Lesotho, the Libyan Arab Republic,Madagascar, Malta, Mongolia, Morocco, Nepal, theNetherlands, Niger, Nigeria, Norway, Pakistan, Pana-ma, Peru, the Philippines, Poland, Romania, SierraLeone, Spain, Swaziland, Sweden, the Syrian Arab Re-public, Tunisia, the Ukrainian SSR, the USSR, theUnited Kingdom, Uruguay, Venezuela and Yugoslavia.

At its twenty-sixth (1971) session, the GeneralAssembly had before it a report by the Secretary-General on the status of the Convention contain-ing, among other things, the texts of declarationsand/or reservations made by some States.

By its resolution 2783(XXVI) adopted on 6December 1971, the General Assembly amongother things urged all States which were not yetparties to the Convention to ratify or accede to it assoon as possible and asked them to report to theAssembly on measures taken to that effect, on anyobstacles encountered and on any interim meas-ures taken to comply strictly with the principles setout in the United Nations Declaration on theElimination of All Forms of Racial Discriminationand in the Convention.

(For text of resolution 2783(XXVI) and votingdetails, see DOCUMENTARY REFERENCES below.)

International Day for Eliminationof Racial Discrimination

On 22 March 1971, the International Day forthe Elimination of Racial Discrimination—pro-claimed by the General Assembly in 1966—wascommemorated for the fifth time. The Assemblyin 1969 had invited all States and organizations toobserve the International Day on the anniversaryof the Sharpeville massacre in solidarity with theoppressed people of South Africa, and to makespecial contributions on that day in support of thestruggle against apartheid.

At United Nations Headquarters in New York,representatives of Member States participated in aspecial meeting of the Special Committee onApartheid on 22 March which was addressed bythe Secretary-General, the President of thetwenty-fifth (1970) session of the General Assem-bly, the President of the Security Council, theActing Chairman of the Committee of Trustees ofthe United Nations Trust Fund for South Africa


and the Chairman of the Special Committee onApartheid.

The Commission on Human Rights also held aspecial meeting on 22 March in Geneva, Switzer-land, attended by Commission members as well asby representatives of specialized agencies andnon-governmental organizations.

As part of the International Day observance, aregister for contributions for the victims of

apartheid was opened at Headquarters on 19 and22 March 1971. Contributions were accepted onthose days for the United Nations Trust Fund forSouth Africa and for the United Nations Educa-tional and Training Programme for SouthernAfrica, covering South Africa, Namibia, SouthernRhodesia and the territories under Portugueseadministration.


Elimination of alI forms of racial discrimination


A/8403. Report of Economic and Social Council, Chapter XVII B.A/8418. Report of Committee on Elimination of Racial Discrimina-

tion.A/C.3/L.1874. Afghanistan, Algeria, Cameroon, Congo, Da-

homey, Egypt, Ethiopia, Ghana, Guinea, India, Kenya, Liberia,Libyan Arab Republic, Mali, Mauritania, Morocco, Niger, Nigeria,Pakistan, People's Democratic Republic of Yemen, Senegal,Sierra Leone, Somalia, Sudan, Syrian Arab Republic, Uganda,United Republic of Tanzania, Upper Volta, Yugoslavia, Zambia:draft resolution.

A/C.3/L.1874/Rev.1. Revised draft resolution, sponsored byabove 30 powers and by Burundi, Cyprus, Rwanda, Togo andYemen, as further orally revised by sponsors, approved by ThirdCommittee on 10 November 1971, meeting 1866, by recordedvote of 93 to 6, with 11 abstentions, as follows:

In favour: Afghanistan, Algeria, Barbados, Bhutan, Brazil,Bulgaria, Burma, Burundi, Byelorussian SSR, Cameroon,Central African Republic, Ceylon, Chad, Chile, Colombia,Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Dahomey,Denmark, Dominican Republic, Ecuador, Egypt, EquatorialGuinea, Ethiopia, Fiji, Finland, Gabon, Gambia, Ghana, Greece,Guatemala, Guinea, Guyana, Honduras, Hungary, Iceland,India, Indonesia, Iran, Iraq, Israel, Ivory Coast, Jamaica, Jordan,Kenya, Kuwait, Lebanon, Liberia, Libyan Arab Republic,Madagascar, Malaysia, Mali, Mauritania, Mexico, Mongolia,Morocco, Nepal, Nicaragua, Nigeria, Norway, Pakistan, Peo-ple's Democratic Republic of Yemen, Peru, Philippines, Poland,Romania, Rwanda, Saudi Arabia, Senegal, Sierra Leone,Singapore, Somalia, Sudan, Sweden, Syrian Arab Republic,Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda,Ukrainian SSR, USSR, United Republic of Tanzania, UpperVolta, Venezuela, Yemen, Yugoslavia, Zaire, Zambia.

Against: Australia, Canada, France, Portugal, United King-dom, United States.

Abstaining: Argentina, Austria, Belgium, Ireland, Italy, Japan,Luxembourg, Netherlands, New Zealand, Spain, Uruguay.

A/8542. Report of Third Committee, draft resolution II.

RESOLUTION 2784(XXVI), as recommended by Third Commit-tee, A/8542, adopted by Assembly on 6 December 1971,meeting 2001, by recorded vote of 93 to 5, with 15 abstentions:

In favour: Afghanistan, Algeria, Bahrain, Barbados, Botswana,Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR, Cameroon,Central African Republic, Ceylon, Chad, Chile, Congo, CostaRica, Cuba, Cyprus, Czechoslovakia, Dahomey, Denmark,Dominican Republic, Ecuador, Equatorial Guinea, Ethiopia,Finland, Gabon, Gambia, Ghana, Greece, Guatemala, Guinea,Guyana, Honduras, Hungary, Iceland, India, Indonesia, Iran,Iraq, Israel, Ivory Coast, Jamaica, Jordan, Kenya, Kuwait,Lebanon, Liberia, Libyan Arab Republic, Madagascar, Malaysia,

Mali, Malta, Mauritania, Mexico, Mongolia, Morocco, Nepal,Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama,Paraguay, People's Democratic Republic of Yemen, Peru,Philippines, Poland, Qatar, Romania, Rwanda, Saudi Arabia,Senegal, Singapore, Somalia, Sudan, Sweden, Syrian ArabRepublic, Thailand, Tunisia, Turkey, Uganda, Ukrainian SSR,USSR, United Republic of Tanzania, Venezuela, Yemen,Yugoslavia, Zaire, Zambia.

Against: Australia, France, Portugal, United Kingdom, UnitedStates.

Abstaining: Argentina, Austria, Belgium, Canada, Colombia,Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand,Spain, Swaziland, Togo, Uruguay.

The General Assembly,Firmly convinced that all forms of racial discrimination are a total

negation of the purposes and principles of the Charter of theUnited Nations and that they militate against human progress,peace and justice,

Fully aware that apartheid and all other forms of racialdiscrimination are instruments of colonialism and imperialism aswell as of economic exploitation,

Reiterating its conviction that any doctrine of exclusivenessbased on racial differentiation or ethnic or religious superiority isscientifically false, morally condemnable and socially unjust,

Reiterating also its firm determination to bring about the totaland unconditional elimination of racial discrimination in all itsforms,

Having designated the year 1971 as the International Year forAction to Combat Racism and Racial Discrimination,

Convinced that the International Year for Action to CombatRacism and Racial Discrimination should be observed as theopening year of an ever-growing struggle against racial discrimina-tion in all its forms and manifestations and for the purpose ofpromoting international solidarity with all those struggling againstracism,

Considering that by arousing world public opinion and promotingaction against racism the International Year for Action to CombatRacism and Racial Discrimination would contribute to theexpansion of national and international efforts towards ensuringthe rapid and total eradication of racial discrimination in all itsforms,

Believing in the urgent need for eliminating racial discriminationthrough continuous and vigorous national action and collectiveinternational measures in order to alleviate the suffering of millionsof people the world over and to ensure them the dignity andequality inherent in all human beings,

I1. Requests the President of the General Assembly to forward

the message annexed to the present resolution directly to theheads of State or Government of each State;

2. Requests the Secretary-General to submit a report basedon the information and comments received from Governments, inaccordance with the message sent to heads of State orGovernment, to the Commission on Human Rights at itstwenty-eighth session;

3. Invites the Economic and Social Council to request theCommission on Human Rights, bearing in mind the provisions of


paragraph 2 above, to submit suggestions with a view to launchingcontinued international action to combat racism on the basis of a"Decade for vigorous and continued mobilization against racismand racial discrimination in all its forms;"

1. Reaffirms that apartheid is a crime against humanity;2. Declares that racial discrimination in all its forms is a

criminal affront to the conscience and dignity of mankind;3. Emphatically reaffirms its recognition and vigorous support

of the legitimacy of the struggles of all oppressed peopleseverywhere, and in particular in southern Africa, against colonial,racial and alien domination or foreign occupation towards theachievement of their inalienable rights to equality and freedom, inaccordance with the purposes and principles of the Charter of theUnited Nations, and calls for increased and continued moral andmaterial support to all peoples struggling for their liberation,self-determination and the elimination of all forms of racialdiscrimination;

4. Invites the Economic and Social Council to request theCommission on Human Rights to study and make recommenda-tions for the further elaboration of international instruments to dealwith crimes against humanity, particularly those arising from thepolicies of apartheid;

5. Condemns those countries which, by their political, econom-ic and military collaboration with the Government of South Africa,encourage and incite that Government to persist in its racist policy;

6. Strongly condemns all Governments that continue to supplyarms to the Pretoria régime in violation of the relevant resolutionsof the General Assembly and the Security Council;

1. Takes note with appreciation of the report of the Committeeon the Elimination of Racial Discrimination, established underarticle 8 of the International Convention on the Elimination of AllForms of Racial Discrimination;

2. Endorses the opinions and recommendations submitted bythe Committee on the Elimination of Racial Discrimination in itsdecisions 3(IV), 4(IV) and 5(IV);

3. Calls upon all the trading partners of South Africa to abstainfrom any action that constitutes an encouragement to thecontinued violation of the principles and objectives of theInternational Convention on the Elimination of All Forms of RacialDiscrimination by South Africa and the illegal régime in SouthernRhodesia, and to use their influence with a view to ensuring theeradication of the policies of apartheid and racial discrimination inthe international territory of Namibia and Southern Rhodesia;

4. Also Calls upon the United Kingdom of Great Britain andNorthern Ireland, the administering Power for Southern Rhodesia,to adopt all the necessary measures, including the use of force,with a view to ending the racist and illegal régime of Ian Smith;

5. Condemns the Government of Portugal for persisting in itscolonialist policies in Africa and for continuing its war against thepeoples of the Territories under its domination;

6. Invites the Economic and Social Council to request theCommission on Human Rights to continue its comprehensivestudies of policies and practices of racial discrimination, taking intoaccount in particular discrimination against peoples of Africanorigin in all countries, and to submit a report to the GeneralAssembly as soon as possible, but not later than at itstwenty-eighth session, together with recommendations for actionto combat such policies and practices;

IVDecides to consider this item again at its twenty-seventh

session.

ANNEX

Message from the President of the General Assembly to theheads of State or Government

I1. The General Assembly at its twenty-sixth session on the

occasion of celebrating the International Year for Action to Combat

Racism and Racial Discrimination has requested me, as a matterof urgency, to put before you the following facts concerning theUnited Nations campaign against racial discrimination:

(a) The racist Government of South Africa and the illegalrégime in Southern Rhodesia have blatantly continued to pursuepolicies of racial discrimination and apartheid in flagrant violationof the purposes and principles of the Charter of the United Nationsand of those enshrined in the Universal Declaration of HumanRights.

(b) The racist Government of South Africa continues to effectan extensive arms build-up, thus posing a serious threat to thesecurity and sovereignty of independent African States opposed toits racist policies, as well as to all those peoples struggling againstthe racial and inhuman policies in southern Africa.

(c) The racist policies in southern Africa have been permitted,even encouraged, to expand through:

(i) The continued existence and operation of the white racistminority régime in Southern Rhodesia through thedeliberate ineffectiveness of measures so far taken by theGovernment of the United Kingdom of Great Britain andNorthern Ireland, the administering Power;

(ii) The illegal occupation of the Territory of Namibia by theracist Government of South Africa.

(d) The racist Governments in southern Africa have beenfurther strengthened through:

(i) The maintenance by many States of political, commercial,military, economic, social and other relations with the racistGovernments in southern Africa in utter disregard of UnitedNations resolutions and of the purposes and principles ofthe Charter;

(ii) An unholy alliance between South Africa, Portugal andSouthern Rhodesia, established in order to suppress thestruggle of the peoples of that region and to silence the cryof Africa against racism, apartheid, economic exploitationand colonial domination.

(e) The United Nations has vigorously opposed all policiesbased on racial discrimination and, consequently, has:

(i) Declared that any State whose official policy or practice isbased on racial discrimination contravenes the purposesand principles of the Charter, and called upon thoseGovernments to desist forthwith from pursuing suchpolicies;

(ii) Condemned the policies of States which, by political,economic or military collaboration with the racist régimes insouthern Africa, enable and encourage those régimes toenforce and perpetuate their racist policies, and calledupon those States to desist forthwith from extending suchcollaboration;

(iii) Reaffirmed time and again the legitimacy of the struggle ofall oppressed peoples, in particular in the territories underracial, alien domination or foreign occupation, to obtainliberation and racial equality, and called for increased andcontinued moral and material support to these strugglingpeoples.

(f) However, the numerous resolutions that have been adoptedby the various organs of the United Nations still have little or noeffect, owing to the arrogant, flagrant and stubborn disregard onthe part of South Africa and its racist allies, transplanted to the soilof Africa, and to the continued political, economic and military aidcoming from some States.

II2. The General Assembly, therefore, is as convinced as ever

that the continuation of national and international action againstracial discrimination in all its forms, old and contemporary alike, isa matter of cardinal importance if the world is to live in peace andjustice, the two interdependent and indispensable components of abetter future for all mankind.

3. The General Assembly is also convinced that the primaryaim of the United Nations, and, therefore, of all its Member Statesin the sphere of human rights is the achievement by each

individual of the maximum freedom and dignity and that, for therealization of this objective, the laws of every country should granteach individual, irrespective of race, sex, language, religion or

II

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political belief, all the rights inherent in all human beings on thebasis of equality, and that the people of every country must bemade fully aware of the evils of the policies of racial discriminationand of the ideologies based on racial supremacy and must join incondemning, resisting and combating them.

4. The General Assembly is further convinced that thecontinuation of racism and colonialism cannot but seriouslyhamper the efforts of the international community to achievepeace, justice and progress.

5. The General Assembly, in view of the aforementioned factsand convictions, has authorized me to request you to transmit thepresent text to the legislative, administrative, judicial, educationaland trade union bodies of your country, as well as to the massmedia of information, in order to ensure the continuation of theworld campaign against racial discrimination, bearing in mind thatthe International Year for Action to Combat Racism and RacialDiscrimination should be considered as the opening year for a fulldecade of vigorous struggle against this evil, until the achievementof its total elimination. To that end, the General Assemblyrecommends, inter alia:

(a) The discussion of this problem in all national andinternational conferences, especially in the fields of education,information, trade unions, etc.;

(b) The inculcation through education of children and youth inthe spirit of human rights by the inclusion in the curricula of specialand yearly programmes on the evils of racism and racialdiscrimination;

(c) The continuation of the programmes designated to becarried out during 1971, the International Year for Action toCombat Racism and Racial Discrimination, and their developmentand updating, in order to intensify the efforts to combat racialdiscrimination;

(d) The continuation of open moral support and the increasingof material aid to the peoples struggling against racial discrimina-tion and apartheid;

(e) The termination of all relations with the Government ofSouth Africa and all other racist régimes;

(f) Exerting every effort to bring about the full implementationof all Security Council and General Assembly resolutions thatreflect the world's resolve to end each and every case ofdiscrimination and foreign exploitation;

(g) The repeal of all laws and regulations which contribute tothe maintenance and propagation of racial discrimination.

IV6. The General Assembly has requested the Secretary-Gener-

al to submit a report on this subject to the Assembly at itstwenty-seventh session, in which would be included reports ofGovernments on the above message.

Report of Committee on Eliminationof Racial Discrimination


A/8418. Report of Committee on Elimination of Racial Discrimina-tion on its 3rd (12-23 April 1971) and 4th (23 August-10September 1971) sessions. (Chapter VII: Decisions adopted byCommittee at its 3rd (decisions 1(III) and 2(III)) and 4th(decisions 1 (IV)-5(IV)) sessions.)

A/C.3/L.1873 and Rev.1. Finland: draft resolution and revision, asfurther orally amended by sponsor, and as amended by USSR(A/C.3/L.1876, as orally revised), approved by Third Committeeon 10 November 1971, meeting 1866, by recorded vote of 108 to1, with 4 abstentions, as follows:

In favour: Afghanistan, Algeria, Argentina, Australia, Austria,Barbados, Belgium, Bhutan, Brazil, Bulgaria, Burundi, Byelorus-

sian SSR, Cameroon, Canada, Ceylon, Chad, Chile, Colombia,Congo, Costa Rica, Cuba, Cyprus, Czechoslovakia, Dahomey,Denmark, Dominican Republic, Ecuador, Egypt, EquatorialGuinea, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Ghana,Greece, Guatemala, Guinea, Guyana, Honduras, Hungary,Iceland, India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory Coast,Jamaica, Japan, Jordan, Kenya, Kuwait, Laos, Lebanon,Lesotho, Liberia, Libyan Arab Republic, Luxembourg, Madagas-car, Malawi, Malaysia, Mali, Mauritania, Mexico, Mongolia,Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Ni-geria, Norway, Pakistan, People's Democratic Republic ofYemen, Peru, Philippines, Poland, Romania, Rwanda, SaudiArabia, Senegal, Sierra Leone, Singapore, Somalia, Spain,Sudan, Sweden, Syrian Arab Republic, Thailand, Togo, Trinidadand Tobago, Tunisia, Turkey, Uganda, Ukrainian SSR, USSR,United Kingdom, United Republic of Tanzania, Upper Volta,Uruguay, Venezuela, Yemen, Yugoslavia, Zaire, Zambia.

Against: Central African Republic.Abstaining: Burma, Israel, Portugal, United States.

A/C.3/L.1876. USSR: amendment to Finnish draft resolution,A/C.3/L.1873.

A/8542. Report of Third Committee, draft resolution I.

RESOLUTION 2783(XXVI), as recommended by Third Commit-tee, A/8542, adopted by Assembly on 6 December 1971,meeting 2001, by 101 votes to 0, with 5 abstentions.

The General Assembly,Recalling its resolution 2106(XX) of 21 December 1965 in which

it adopted and opened for signature and ratification theInternational Convention on the Elimination of All Forms of RacialDiscrimination and invited eligible States under article 17 of thatConvention to sign and ratify it without delay,

Stressing the significance of the coming into force of theInternational Convention on the Elimination of All Forms of RacialDiscrimination and of the bringing into being of the Committee onthe Elimination of Racial Discrimination, and requesting all Statesparties to the Convention to give full co-operation to thatCommittee in order that it may fulfil its mandate under theConvention,

Noting the recommendations contained in Economic and SocialCouncil resolution 1588(L) of 21 May 1971,

Having received the report of the Committee on the Eliminationof Racial Discrimination, established under the InternationalConvention on the Elimination of All Forms of Racial Discrimina-tion, on the second year of its activities,

Expressing its satisfaction at the ratification of or accession tothe Convention by 55 States and at the intention expressed byvarious other States to ratify or accede to the Convention in thenear future,

1. Urges all States which are not yet parties to the InternationalConvention on the Elimination of All Forms of Racial Discriminationto ratify or accede to the Convention as soon as possible andrequests them to report to the General Assembly on the measurestaken by them to this effect, on any obstacles that may have beenencountered and on any interim measures that have been taken tocomply strictly with the principles set out in the United NationsDeclaration on the Elimination of All Forms of Racial Discriminationand in the Convention;

2. Takes note with appreciation of the report of the Committeeon the Elimination of Racial Discrimination on the second year ofits activities, submitted under article 9 of the Convention;

3. Draws the attention of all States to the contents of thatreport;

4. Commends the Committee on the Elimination of RacialDiscrimination for its efforts to obtain extensive reports from Statesparties, as provided in article 9, paragraph 1, of the Convention, aswell as information concerning Trust and Non-Self-GoverningTerritories relating to matters referred to in article 15;

5. Expresses the view that the work of the Committee on theElimination of Racial Discrimination would be facilitated if thereports submitted by States parties conformed with the guidelines

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laid down by the Committee for that purpose and if the Committeeinvited States parties to be present at its meetings when theirreports are examined;

6. Recognizes that the General Assembly's consideration ofthe reports of the Committee on the Elimination of RacialDiscrimination would be facilitated by the inclusion of the criteriaused by the Committee when it examines in greater depth thesubstance of the reports from States parties submitted underarticle 9 of the Convention;

7. Draws the attention of the Trusteeship Council and of theSpecial Committee on the Situation with regard to the Implementa-tion of the Declaration on the Granting of Independence to ColonialCountries and Peoples to the report of the Committee on theElimination of Racial Discrimination and requests them to takeappropriate action within their terms of reference in their respective

spheres of activity, as expressed in the relevant parts of the report;8. Requests the Secretary-General to transmit to the Commit-

tee on the Elimination of Racial Discrimination the records of thediscussion on its report at the twenty-sixth session of the GeneralAssembly.

Status of International Convention onelimination of racial discriminationA/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 2.A/8418. Report of Committee on Elimination of Racial Discrimina-

tion. Annex I: States Parties to International Convention onElimination of All Forms of Racial Discrimination as of 10September 1971.

A/8439. Report of Secretary-General.

Apartheid and racial discrimination in southern Africa

Policies of apartheid and racial discriminationAt its 1971 session, the Commission on Human

Rights considered the report of the Ad HocWorking Group of Experts which, in 1971, hadconducted an investigation of the following mat-ters: the question of capital punishment insouthern Africa; the treatment of political prison-ers and captured freedom fighters in southernAfrica; the condition of Africans in the so-callednative reserves and transit camps in Loutfi Africa,Namibia and Southern Rhodesia; grave manifesta-tions of apartheid in South Africa; and gravemanifestations of colonialism and racial discrimi-nation in Namibia, Southern Rhodesia and theAfrican territories under Portuguese administra-tion.

After considering the Ad Hoc Working Group'sreport, the Commission adopted a resolution on 8March stating, among other things, that it: lookedforward to receiving the text of a study on thequestion of apartheid (which had been declared acrime against humanity) from the point of view ofinternational penal law; endorsed the observa-tions, conclusions and recommendations of theWorking Group; and decided that the WorkingGroup should continue to survey developments inSouth Africa, Namibia, Southern Rhodesia andthe territories under Portuguese administration,with particular reference to grave manifestationsof colonialism and racial discrimination present inthe situation prevailing in those areas resultingfrom the actions of the illegal South Africanrégime in Namibia, the illegal minority régime inSouthern Rhodesia and the Portuguese régime inAngola, Mozambique and Guinea (Bissau).

The Commission also asked the Working Groupto remain active and vigilant in its observation ofcolonial and racially discriminatory practices inAfrica, to bring to the Commission's attention at its1972 session new developments in the area, and tosubmit a report, including conclusions and recom-mendations, to the Commission at its 1973 session.

Also at its 1971 session, the Commission on

Human Rights—after considering the 1970 reportof the Sub-Commission on Prevention of Discrimi-nation and Protection of Minorities relating to thespecial study on racial discrimination in thepolitical, economic, social and cultural spheresprepared by its Special Rapporteur, Hernán SantaCruz—recommended to the Economic and SocialCouncil the adoption of a resolution on policies ofapartheid and racial discrimination.

On 21 May 1971, at its fiftieth session, theEconomic and Social Council adopted this text asits resolution 1591(L), by which, among otherthings, it:

(1) requested the Security Council to findmeans of rigidly enforcing its own resolutions, bywhich all Member States were called upon not tosupply arms to South Africa, and of effectivelyimplementing the relevant resolutions of theGeneral Assembly;

(2) urged States and, in particular, the majortrading partners of South Africa to apply fully theresolutions concerning apartheid adopted by theAssembly, the Security Council, and other organsof the United Nations;

(3) invited the specialized agencies and espe-cially the financial institutions to follow, towardsSouth Africa, a policy in conformity with thoseresolutions;

(4) invited all States to strengthen and expandtheir programmes of assistance to the victims ofapartheid and to respond as promptly as possible tothe General Assembly's appeal for substantialcontributions to the United Nations Trust Fundfor South Africa;

(5) invited all States to undertake—with theassistance of non-governmental organizations,including workers, religious, social and profession-al organizations, universities, youth and civicgroups and national women's organizations, whereappropriate—an educational programme de-signed to acquaint the public of each country andterritory with the evil consequences of the policy ofapartheid;


(6) also invited non-governmental organiza-tions in consultative status with special interest inthe elimination of racism and racial discrimina-tion, independent of any action being undertakenby States, to mount a regular and constantcampaign against apartheid both at the nationaland international levels and to report theirendeavours and progress biennially to the Eco-nomic and Social Council;

(7) appealed to all humanitarian organizationsand to the International Committee of the RedCross, in particular, to take an active role inassisting the victims of apartheid, especially thosewho were detained or imprisoned;

(8) urged the General Assembly to providefunds on the scale required to combat effectivelythe propaganda undertaken by the Governmentof South Africa by which that Government soughtto defend and justify the policy of apartheid;

(9) invited the Secretary-General to makespecial efforts, utilizing the existing informationservices available to the United Nations, to alertworld public opinion, particularly that of thecountries trading with South Africa, to therecommendations made by various United Na-tions bodies on the subject of apartheid, in order tofacilitate compliance by Governments with thoserecommendations.

The Council adopted this text by a vote of 17 to0, with 8 abstentions, on the recommendation ofits Social Committee, which approved it on 19 Mayby a vote of 20 to 0, with 6 abstentions.

By its resolution 2784(XXVI), adopted on 6December, the General Assembly among otherthings invited the Economic and Social Council toask the Human Rights Commission to study andmake recommendations for the further elabora-tion of international instruments to deal withcrimes against humanity, particularly those arisingfrom the policies of apartheid.

The Assembly, after reaffirming that apartheidwas a crime against humanity and declaring thatracial discrimination in all its forms was a criminalaffront to the conscience and dignity of mankind,reaffirmed its recognition and vigorous support ofthe legitimacy of the struggles of all oppressedpeoples everywhere, and particularly in southernAfrica, against colonial, racial and alien domina-tion or foreign occupation towards the achieve-ment of their inalienable rights to equality andfreedom, in accordance with the purposes andprinciples of the United Nations Charter; it calledfor increased and continued moral and materialsupport to all peoples struggling for their libera-tion, self-determination and the elimination of allforms of racial discrimination.

Also by this resolution, the Assembly con-demned those countries which, by their political,economic and military collaboration with the

South African Government, encouraged andincited that Government to persist in its racistpolicy. It strongly condemned all Governmentsthat continued to supply arms to the Pretoriarégime in violation of the relevant resolutions ofthe General Assembly and the Security Council.

By other parts of this resolution, the GeneralAssembly called upon all trading partners of SouthAfrica to abstain from any action that constitutedan encouragement to the continued violation ofthe principles and objectives of the InternationalConvention on the Elimination of All Forms ofRacial Discrimination by South Africa and theillegal régime in Southern Rhodesia, and to usetheir influence towards the eradication of thepolicies of apartheid and racial discrimination inthe international territory of Namibia and South-ern Rhodesia.

The Assembly called upon the United King-dom—the administering power for SouthernRhodesia—to adopt all the necessary measures,including the use of force, with a view to endingthe racist and illegal régime of Ian Smith. TheGovernment of Portugal was condemned forpersisting in its colonialist policies in Africa andfor continuing its war against the peoples of theterritories under its domination.

The Assembly then invited the Economic andSocial Council to request the Human RightsCommission to continue its comprehensive studiesof policies and practices of racial discrimination,taking into account in particular discriminationagainst peoples of African origin in all countries,and to submit a report to the General Assembly assoon as possible, but not later than at itstwenty-eighth (1973) session, together with recom-mendations for action to combat such policies andpractices.

(For details, see above, pp. 398-400.)

Draft convention on suppression andpunishment of the crime of apartheid

On 6 December 1971, the General Assemblydecided to defer consideration of a draft conven-tion on the suppression and punishment of thecrime of apartheid submitted by Guinea and theUSSR on 5 November to the Assembly's Third(Social, Humanitarian and Cultural) Committee.

The Assembly invited the Secretary-General totransmit the draft convention, together with therelevant documentation, to the Commission onHuman Rights; the Assembly recommended thatthe Commission and the Economic and SocialCouncil should consider the item, in co-operationwith the Special Committee on Apartheid, as amatter of priority at their sessions in 1972 andshould submit the text of a draft convention on thesuppression and punishment of the crime ofapartheid to the Assembly at its twenty-seventh


session, scheduled to convene in September 1972.The Assembly took this decision when it

adopted resolution 2786(XXVI)—by a recordedvote of 86 to 5, with 23 abstentions—on therecommendation of its Third Committee, which

approved it on 11 November by 79 votes to 5, with27 abstentions, on a proposal by Bulgaria, theSyrian Arab Republic and the Ukrainian SSR.



Policies of apartheid and racial discrimination

Economic and Social Council—50th sessionSocial Committee, meetings 669-680.Plenary meeting 1771.

E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters II C (c) and E,VII and XIX (resolutions 6(XXVII) and 7(XXVII)).

E/4949, Chapter XX. Draft resolution V, as submitted byCommission on Human Rights, approved by Social Committeeon 19 May 1971, meeting 680, by 20 votes to 0, with 6abstentions.

E/4949/Add.1. Financial implications of resolutions adopted byCommission on Human Rights at its 27th session.

E/5032. Report of Social Committee, draft resolution V.

RESOLUTION 1591(L), as recommended by Social Committee,E/5032, adopted by Council on 21 May 1971, meeting 1771, by17 votes to 0, with 8 abstentions.

The Economic and Social Council,Strongly condemning the policies of racial discrimination

pursued in South Africa, Namibia, Southern Rhodesia and theTerritories under Portuguese domination, more particularly thedoctrine of apartheid, which is scientifically false and whoseapplication constitutes a crime against humanity and a threat tointernational peace and security,

We/coming the recommendations concerning the policies ofapartheid made in General Assembly resolutions of recent years,particularly resolutions 2396(XXIII) and 2397(XXIII) of 2 December1968, 2544(XXIV) of 11 December 1969, 2547(XXIV) of 11 and 15December 1969 and 2646(XXV) of 30 November 1970,

Convinced that, in order to ensure the complete effectiveness ofthe struggle being carried on against apartheid, it is essential forMember States, in particular the trading partners of South Africa, toapply as a matter of the utmost urgency and without reservationthe resolutions concerning apartheid adopted by the GeneralAssembly, the Security Council and other organs of the UnitedNations,

1. Requests the Security Council to find means of rigidlyenforcing its own resolutions, in which all Member States arecalled upon not to supply arms to South Africa, and of effectivelyimplementing the above-mentioned resolutions of the GeneralAssembly;

2. Urges States and, in particular, the major trading partners ofSouth Africa to apply fully the resolutions concerning apartheidadopted by the General Assembly, the Security Council, and otherorgans of the United Nations;

3. Invites the specialized agencies and, especially, thefinancial institutions to follow, towards South Africa, a policy inconformity with these resolutions;

4. invites all States to strengthen and expand their pro-grammes of assistance to the victims of apartheid and to respondas promptly as possible to the General Assembly's appeal forsubstantial contributions to the United Nations Trust Fund forSouth Africa;

5. Invites all States to undertake, with the assistance ofnon-governmental organizations, including workers, religious,social and professional organizations, universities, youth and civicgroups and national women's organizations, where appropriate, aneducational programme designed to acquaint the public of eachcountry and Territory with the evil consequences of the policy ofapartheid;

6. Also invites non-governmental organizations in consultativestatus with special interest in the elimination of racism and racialdiscrimination, independent of any action being undertaken byStates, to mount a regular and constant campaign againstapartheid both at the national and international levels and to reporttheir endeavours and progress biennially to the Economic andSocial Council;

7. Appeals to all humanitarian organizations and to theInternational Committee of the Red Cross, in particular, to take anactive role in assisting the victims of apartheid, especially thosewho are detained or imprisoned;

8. Urges the General Assembly to provide funds on the scalerequired to combat effectively the propaganda undertaken by theGovernment of South Africa by which that Government seeks todefend and justify the policy of apartheid;

9. Invites the Secretary-General to make special efforts,utilizing the existing information services available to the UnitedNations, to alert world public opinion, particularly that of thecountries trading with South Africa, to the recommendations madeby various United Nations bodies on the subject of apartheid, inorder to facilitate compliance by Governments with thoserecommendations.

OTHER DOCUMENTSA/8342 and Add.1. Question of violation of human rights and

fundamental freedoms, including policies of racial discriminationand segregation and of apartheid, in all countries, with particularreference to colonial and other dependent countries andterritories. Report of Secretary-General.

A/8401. Report of Secretary-General on work of the Organization,16 June 1970-15 June 1971, Part Three, Chapter I A 3.

A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII C.

Draft convention on suppression and punishmentof the crime of apartheid


A/C.3/L.1871. Guinea and USSR: draft convention on suppres-sion and punishment of crime of apartheid.

A/C.3/L.1875. Bulgaria, Syrian Arab Republic, Ukrainian SSR:draft resolution, as orally amended by sponsors, approved byThird Committee on 11 November 1971, meeting 1867, byrecorded vote of 79 to 5, with 27 abstentions, as follows:

In favour: Afghanistan, Algeria, Barbados, Bhutan, Brazil,Bulgaria, Burma, Burundi, Byelorussian SSR, Cameroon,Ceylon, Chad, Chile, Colombia, Cuba, Cyprus, Czechoslovakia,Dahomey, Ecuador, Egypt, Equatorial Guinea, Ethiopia, Gabon,Gambia, Ghana, Guinea, Guyana, Hungary, Iceland, India,Indonesia, Iran, Iraq, Israel, Ivory Coast, Jamaica, Jordan,Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libyan Arab Repub-lic, Mali, Mauritania, Mexico, Mongolia, Nepal, Niger, Nigeria,Panama, People's Democratic Republic of Yemen, Peru,Philippines, Poland, Romania, Rwanda, Saudi Arabia, Senegal,Sierra Leone, Singapore, Somalia, Sudan, Syrian Arab Repub-lic, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey,Uganda, Ukrainian SSR, USSR, United Republic of Tanzania,Upper Volta, Uruguay, Venezuela, Yemen, Yugoslavia, Zambia.

Against: Canada, Netherlands, Portugal, United Kingdom,United States.


Abstaining: Argentina, Australia, Austria, Belgium, CentralAfrican Republic, Costa Rica, Denmark, Dominican Republic, ElSalvador, Fiji, Finland, France, Greece, Guatemala, Honduras,Ireland, Italy, Japan, Luxembourg, Madagascar, New Zealand,Nicaragua, Norway, Spain, Swaziland, Sweden, Zaire.

A/8542. Report of Third Committee, draft resolution IV.


In favour: Afghanistan, Albania, Algeria, Bahrain, Barbados,Brazil, Bulgaria, Burma, Burundi, Byelorussian SSR, Cameroon,Ceylon, Chad, Chile, China, Congo, Cuba, Cyprus, Czecho-slovakia, Dahomey, Ecuador, Egypt, Equatorial Guinea, Ethi-opia, Gabon, Gambia, Ghana, Guinea, Guyana, Honduras,Hungary, Iceland, India, Indonesia, Iran, Iraq, Israel, IvoryCoast, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Liberia,Libyan Arab Republic, Malaysia, Mali, Malta, Mauritania,Mexico, Mongolia, Morocco, Nepal, Niger, Nigeria, Oman,Pakistan, Panama, People's Democratic Republic of Yemen,Peru, Philippines, Poland, Qatar, Romania, Rwanda, SaudiArabia, Senegal, Sierra Leone, Singapore, Somalia, Sudan,Syrian Arab Republic, Thailand, Togo, Tunisia, Turkey, Uganda,Ukrainian SSR, USSR, United Republic of Tanzania, Uruguay,Venezuela, Yemen, Yugoslavia, Zaire, Zambia.

Against: Canada, Netherlands, Portugal, United Kingdom,United States.

Abstaining: Argentina, Australia, Austria, Belgium, Central

African Republic, Colombia, Costa Rica, Denmark, DominicanRepublic, Finland, France, Greece, Guatemala, Ireland, Italy,Japan, Luxembourg, Madagascar, New Zealand, Nicaragua,Norway, Spain, Sweden.

The General Assembly,Firmly convinced that apartheid constitutes a total negation of

the purposes and principles of the Charter of the United Nationsand is a crime against humanity,

Recognizing the need to take further effective measures with aview to the suppression and punishment of the crime of apartheid,

Recognizing that the conclusion of a convention on thesuppression and punishment of the crime of apartheid under theauspices of the United Nations would be an important contributionto the struggle against apartheid, racism, economic exploitation,colonial domination and foreign occupation,

Considering that there has been no opportunity at the currentsession of the General Assembly to consider fully the draftconvention submitted to the Third Committee,

1. Invites the Secretary-General to transmit to the Commissionon Human Rights the draft convention on the suppression andpunishment of the crime of apartheid, together with the relevantrecords of the discussion;

2. Recommends that the Commission on Human Rights at itstwenty-eighth session and the Economic and Social Council at itsfifty-second session should consider this item, in co-operation withthe Special Committee on Apartheid, as a matter of priority, andshould submit the text of the draft convention on the suppressionand punishment of the crime of apartheid to the General Assemblyat its twenty-seventh session.

Measures against incitement to racial discrimination

On 18 December 1971, the General Assembly tookseveral decisions concerning measures to be takenagainst nazism and other totalitarian ideologiesand practices based on incitement to hatred andracial intolerance.

In so doing, the Assembly observed thatcontemporary manifestations of resurgent nazism,like the earlier ones, combined racial prejudiceand discrimination with terrorism, and that insome cases racism had been raised to the level ofState policy as in the case of South Africa.

After condemning all manifestations of theideology and practice of nazism and racialintolerance, wherever they might occur, theAssembly: (a) called upon States to take steps tobring to light any evidence of the manifestationand dissemination of the ideology and practice ofnazism and racial intolerance and to ensure thatthey were rigorously suppressed and prohibited;(b) invited all eligible States which had not yet doneso to ratify and to accede to the Convention on thePrevention and Punishment of the Crime ofGenocide4 and the Convention on the Non-Applicability of Statutory Limitations to WarCrimes and Crimes against Humanity5 as soon aspossible; (c) invited all Member States of theUnited Nations or members of the specializedagencies to review their legislation, in the light ofthe above-mentioned Conventions, with a view todetermining whether, in the light of their circum-

stances, further legal measures were required toeradicate for all time the danger of a revival ofnazism, racial intolerance or other ideologiesbased on terror; (d) urgently called upon thoseStates concerned to take immediate and effectivemeasures, including legislative measures, to pre-vent the activities of nazi and racist organizationsand groups; and (e) appealed to all States toprohibit activity by organizations propagatingconcepts of nazism and racial superiority.

The Assembly urged those States which wereunable, for serious constitutional or other reasons,to implement fully the provisions of article 9 of theUnited Nations Declaration on the Elimination ofAll Forms of Racial Discrimination and article 4 ofthe International Convention on the Eliminationof All Forms of Racial Discrimination—both ofwhich condemned and outlawed all propagandaand organizations based on ideas or theories of thesuperiority of one race or group of persons of onecolour or ethnic origin, or which attempted tojustify or promote racial hatred and discrimina-tion in any form—to take measures designed toensure the speedy disbandment and disappear-ance of such organizations. The measures shouldprovide, inter alia, that: (a) those organizations

4

5 See Y.U.N., 1968, pp. 608-10, resolution 2391(XXIII), containing text ofConvention.

See Y.U.N., 1948-49, pp. 959-60, text of Convention.


should not be allowed to receive financial subsidiesfrom organs of the State, private companies orindividuals; they should be denied the use ofpublic premises in which to establish headquartersor conduct meetings, the use of streets and squaresin populated areas for holding demonstrations,and the use of public information media fordisseminating propaganda; and they should beprohibited from forming militarized detachmentson any pretext; and (b) persons employed by theState, particularly in the armed forces, should notbe permitted to belong to such organizations. Theabove measures were to be taken only in so far asthey were compatible with the principles of theUniversal Declaration of Human Rights.

The Assembly requested the International La-bour Organisation, the United Nations Education-al, Scientific and Cultural Organization and otherspecialized agencies to consider, within theirrespective spheres of competence, the question ofthe danger of a revival of the concepts of nazismand racial intolerance; it also appealed to regionalinter-governmental organizations to consider thequestion at the regional level.

The Assembly also called upon Governments,the United Nations and its various bodies, special-ized agencies and international and nationalorganizations to increase public awareness of thedanger of a revival of nazism and racial intoler-ance, especially among young people, by educa-tion, by the preparation and dissemination ofinformation on the subject and by recalling thehistory of nazism and of racial intolerance; andcalled upon all States to take legislative andadministrative measures to prevent activities ofany kind in favour of nazism and the concept ofracial superiority. It confirmed the principles ofinternational law with regard to the eradication ofnazism, and appealed to all States to act inconformity with those principles.

Finally, the Assembly decided to keep undercontinuing review the question of measures to betaken against ideologies and practices based onterror or incitement to racial discrimination.


These decisions by the Assembly were set forthin resolution 2839(XXVI), adopted by a vote of 89to 2, with 21 abstentions, on the recommendation

of the Third (Social, Humanitarian and Cultural)Committee.

In the Third Committee, at the request of Italy,separate votes were taken on the provisions (a)inviting eligible States which had not yet done so toratify or to accede as soon as possible to theConvention on the Prevention and Punishment ofthe Crime of Genocide and the Convention on theNon-Applicability of Statutory Limitations to WarCrimes and Crimes against Humanity (approvedby a vote of 33 to 2, with 45 abstentions); and (b)inviting all States Members of the United Nationsor the specialized agencies to review their legisla-tion in the light of the above Conventions with aview to determining whether further legal mea-sures were required to eradicate for all time thedanger of a revival of nazism, racial intolerance orother ideologies based on terror (approved by avote of 36 to 2, with 45 abstentions).

At the request of Finland, the Committee alsoapproved by separate votes the two references tothe Convention on the Non-Applicability ofStatutory Limitations to War Crimes and Crimesagainst Humanity.

The draft resolution as a whole was approved bythe Third Committee by a vote of 58 to 2, with 23abstentions.

The text was recommended to the Assembly bythe Economic and Social Council by its resolution1590(L) of 21 May 1971.

In recommending that the Assembly adopt thetext, the Economic and Social Council also invitedthe Assembly to resume, as soon as possible, thestudy of the question of international criminaljurisdiction and the question of the draft code ofoffences against the peace and security of man-kind, with a view to the preparation of effectivemeasures to eliminate any possibility of a revival ofnazism.


Resolution 1590(L) was adopted by a vote of 16to 2, with 6 abstentions, on the recommendation ofthe Council's Social Committee. On 18 May 1971,by a vote of 15 to 2, with 5 abstentions, the SocialCommittee approved the text submitted by theCommission on Human Rights. That text wasadopted by the Commission at its 1971 session (22February-26 March 1971).



Racial Discrimination. Special Study on Racial Discrimination inthe Political, Economic, Social and Cultural Spheres. U.N.P.Sales No.:E.71.XIV.2.

E/4949. Report of Commission on Human Rights on its 27thsession, Chapters II B and D and XIX (resolution 5(XXVII)).

E/4949, Chapter XX. Draft resolution IV, as submitted byCommission on Human Rights, approved by Social Committeeon 18 May 1971, meeting 678, by 15 votes to 2, with 5abstentions.

E/5032. Report of Social Committee, draft resolution IV.

RESOLUTION 1590(L), as recommended by Social Committee,E/5032, adopted by Council on 21 May 1971, meeting 1771. by16 votes to 2, with 6 abstentions.


The Economic and Social Council,Noting resolution 4(XXIII) of the Sub-Commission on Prevention

of Discrimination and Protection of Minorities, and resolution5(XXVII) of the Commission on Human Rights on the danger of arevival of nazism and racial discrimination,

Having considered the special study of racial discrimination inthe political, economic, social and cultural spheres, prepared bythe Special Rapporteur of the Sub-Commission and, in particular,chapter XII of that study on the danger of the revival of nazism andracial discrimination,

1. Invites the General Assembly to resume, as soon aspossible, the study of the question of international criminaljurisdiction and the question of the draft code of offences againstthe peace and security of mankind, with a view to the preparationof effective measures to eliminate any possibility of a revival ofnazism;

2. Recommends to the General Assembly the adoptionof the following draft resolution:

[For text of resolution, see General Assembly resolution2839(XXVI) below.]

General Assembly—26th sessionThird Committee, meeting 1902.Plenary meeting 2025.

A/8332. Measures to be taken against nazism and othertotalitarian ideologies and practices based on incitement tohatred and racial intolerance. Note by Secretary-General,transmitting Economic and Social Council resolution 1590(L),approved by Third Committee on 9 December 1971, meeting1902, by 58 votes to 2, with 23 abstentions.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII E.

A/8593. Report of Third Committee.


The General Assembly,Recognizing that there still exist in the world convinced

adherents of nazism and racial intolerance whose activities, if theyare not opposed in sufficient time, could bring about a resurgenceof those ideologies, which are clearly incompatible with thepurposes and principles of the Charter of the United Nations, theUnited Nations Declaration on the Elimination of All Forms ofRacial Discrimination and the International Convention on theElimination of All Forms of Racial Discrimination, and that,accordingly, the danger of a revival or a development of new formsof nazism and racial discrimination combined with terrorism cannotbe disregarded,

Considering that contemporary manifestations of resurgentnazism, like the earlier ones, combine racial prejudice anddiscrimination with terrorism, and that in some cases racism hasbeen raised to the level of State policy, as in the case of SouthAfrica,

Believing it essential, in order to remove this threat to the peaceand security of peoples and to the realization of basic human rightsand fundamental freedoms, to elaborate a series of urgent andeffective measures which might be adopted by States with a viewto suppressing the revival of nazism and preventing its revival, inany form or manifestation, in the future,

Firmly convinced that the best bulwark against nazism andracial discrimination is the establishment and maintenance ofdemocratic institutions, that the existence of genuine political,social and economic democracy is an effective vaccine and anequally effective antidote against the formation or development ofNazi movements and that a political system which is based onfreedom and effective participation by the people in the conduct ofpublic affairs, and under which economic and social conditions are

such as to ensure a decent standard of living for the population,makes it impossible for fascism, nazism or other ideologies basedon terror to succeed,

Confirming that nazism and other forms of racial intoleranceconstitute a serious threat to the realization everywhere of humanrights and freedoms and the maintenance of international peaceand security,

Deeming it essential that the question of measures to be takento combat nazism and racial intolerance should be kept underconstant review by the appropriate United Nations bodies with aview to the timely and immediate adoption of the necessarymeasures for the complete eradication of nazism from the life ofsociety,

1. Condemns all manifestations of the ideology and practice ofnazism and racial intolerance, wherever they may occur;

2. Calls upon States to take steps to bring to light any evidenceof the manifestation and dissemination of the ideology and practiceof nazism and racial intolerance and to ensure that they arerigorously suppressed and prohibited;

3. Invites all eligible States which have not yet done so to ratifyand to accede to the Convention on the Prevention andPunishment of the Crime of Genocide and the Convention on theNon-Applicability of Statutory Limitations to War Crimes andCrimes against Humanity as soon as possible, and requests themto report to the General Assembly at its twenty-seventh session onthe measures taken by them to comply strictly with the provisionsof those Conventions;

4. Invites all States Members of the United Nations ormembers of specialized agencies to review their legislation, in thelight of the provisions of the Convention on the Prevention andPunishment of the Crime of Genocide and the Convention on theNon-Applicability of Statutory Limitations to War Crimes andCrimes against Humanity, with a view to determining whether, inthe light of their circumstances, further legal measures arerequired to eradicate for all time the danger of a revival of nazism,racial intolerance or other ideologies based on terror;

5. Urgently calls upon those States concerned which have notyet done so to take immediate and effective measures, includinglegislative measures, with due regard to the principles contained inthe Universal Declaration of Human Rights, to prevent theactivities of Nazi and racist organizations and groups;

6. Appeals to all States to prohibit activity by organizationspropagating concepts of nazism and racial superiority;

7. Urges those States which are unable, for serious constitu-tional or other reasons, to implement immediately and fully theprovisions of article 9 of the United Nations Declaration on theElimination of All Forms of Racial Discrimination and article 4 of theInternational Convention on the Elimination of All Forms of RacialDiscrimination—both of which condemn and outlaw all propagan-da and all organizations based on ideas or theories of thesuperiority of one race or group of persons of one colour or ethnicorigin, or which attempt to justify or promote racial hatred anddiscrimination in any form—to take measures designed to ensurethe speedy disbandment and disappearance of such organiza-tions, these measures to provide, inter alia, that:

(a) Such organizations should not be allowed to receivefinancial subsidies from organs of the State, private companies orindividuals;

(b) Such organizations should not be allowed the use of publicpremises in which to establish their headquarters or conductmeetings of their members, the use of streets and squares inpopulated areas for holding demonstrations, or the use of publicinformation media for disseminating propaganda;

(c) Such organizations should not be allowed to formmilitarized detachments on any pretext, and offenders should besubject to prosecution in the courts;

(d) Persons employed by the State, particularly in the armedforces, should not be permitted to belong to such organizations;and all these measures to be taken only in so far as they arecompatible with the principles of the Universal Declaration ofHuman Rights;

8. Requests the United Nations Educational, Scientific andCultural Organization, the International Labour Organisation andother specialized agencies to consider, within their respective


spheres of competence, the question of the danger of a revival ofthe concepts of nazism and racial intolerance;

9. Appeals to regional intergovernmental organizations toconsider this question at the regional level;

10. Calls upon Governments, particularly those which controlmass information media of world or continental scope, the UnitedNations and its various bodies, specialized agencies andinternational and national organizations to increase publicawareness of the danger of a revival of nazism and racialintolerance, especially among young people, by education, by thepreparation and dissemination of information on this subject andby recalling the history of nazism and its crimes and of racialintolerance;

11. Calls upon all States to take legislative and administrativemeasures to prevent activities of any kind in favour of nazism andthe concept of racial superiority;

12. Decides to place the question of measures to be takenagainst ideologies and practices based on terror or on incitementto racial discrimination or any other form of group hatred on itsagenda and under continuing review, and urges other competentorgans of the United Nations to do likewise, so that appropriatemeasures can be taken promptly as required;

13. Confirms the principles of international law with regard tothe eradication of nazism, and appeals to all States to act inconformity with those principles.

Other matters concerning prevention of discriminationand protection of minorities

Studies on discrimination

Special study on racial discrimination in thepolitical, economic, social and cultural spheres

During 1971, the Commission on Human Rightsand the Economic and Social Council examinedthe final report on the special study on racialdiscrimination in the political, economic, socialand cultural spheres, prepared by the SpecialRapporteur of the Commission's Sub-Commissionon Prevention of Discrimination and Protection ofMinorities.

The special study included information on thehistorical background, meaning and causes ofracial discrimination; international and nationalaction to eliminate racial discrimination; racialdiscrimination in the political, economic, socialand cultural spheres; measures taken in connexionwith the protection of indigenous peoples; theracial policy of South Africa; characteristics andmanifestations of the policy of segregation else-where in southern Africa; and the danger of therevival of nazism and racial intolerance.

On 21 May 1971, the Economic and SocialCouncil adopted three resolutions concerningracial discrimination in the political, economic,social and cultural spheres.

By one of these, the Council, endorsing ingeneral the conclusions of the special study onracial discrimination and bearing in mind thatracial discrimination existed in many countries,and that in southern Africa especially it was beingperpetuated as a device for maintaining a steadysupply of cheap labour and minority rule by racistrégimes, took the following action.

It recommended that the General Assemblyshould: (a) request every competent UnitedNations organ, specialized agency, regional inter-governmental organization and non-governmen-tal organization in consultative status to consideras a matter of highest priority at sessions to be heldin 1971—the International Year for Action toCombat Racism and Racial Discrimination—and insucceeding years: (i) further action it might take

with a view to speedily eliminating racial discrimi-nation throughout the world; (ii) action it mightrecommend to its subsidiary organs, to States andto international and national bodies for thispurpose; and (iii) follow-up measures required toensure the full and effective implementation of itsdecisions in this matter; (b) urge all States notparties to the International Convention on theElimination of All Forms of Racial Discriminationto accelerate the process of ratifying that Conven-tion, and request them to report to the GeneralAssembly on the measures taken to this end, onany obstacles that might have been encounteredand on any interim measures taken to complystrictly with the principles set out in the UnitedNations Declaration and International Conventionon the Elimination of All Forms of RacialDiscrimination; (c) pursue, as a major feature ofaction to combat racism and racial discriminationafter the International Year, with the co-operationand assistance of every competent United Nationsorgan, specialized agency and affiliated nationaland international organization, a world-wide pro-gramme intended to build up public opin-ion—especially through radio and televisionbroadcasts as well as through the distribution ofappropriate literature—with a view to eradicatingonce and for all false racial beliefs based upon alack of scientific knowledge; and (d) urge all Statesconcerned to accelerate economic and socialdevelopment of their minority groups with a viewto eliminating de facto discrimination occasioned bytheir low standard of living, and also urgecompetent organs of the United Nations andspecialized agencies to extend their full co-opera-tion, including technical and financial assistancewhere appropriate, to enable the States concernedto achieve the foregoing objective.

The Council also invited non-governmentalorganizations in consultative status with specialinterest in the elimination of racism and racialdiscrimination to communicate biennially to theEconomic and Social Council, and for the informa-tion of any interested organ of the United Nations,


their endeavours and progress in the struggleagainst racism, apartheid and racial discrimination,especially in southern Africa. It invited theInternational Labour Organisation and the UnitedNations Educational, Scientific and Cultural Or-ganization to provide the Commission on HumanRights with reports, at three-year intervals, on thenature and effect of any racial discrimination,especially in southern Africa, of whose existencethey had knowledge in their sphere of compe-tence.

The Council also stressed the significance ofsocial and economic reforms that would lead to theacceleration of the social and economic develop-ment of countries and to the full participation ofpeople in the process of such development and inits benefits as the basis for the actual realization ofhuman rights and freedoms and the elimination ofall forms of racial discrimination.

These Council decisions were set forth inresolution 1588(L), adopted, unanimously, asrecommended by the Social Committee. TheSocial Committee unanimously approved the textrecommended by the Commission on HumanRights on 18 May 1971.


In another series of decisions, the Council madethe point that the international community shoulddevote particular attention to the problems ofindigenous populations, which often encounteredracial prejudice and discrimination, sometimes asthe result of special measures taken by theauthorities to protect their unique culture andidentity.

The Council: (a) recommended that the Gov-ernments of all States having indigenous popula-tions take into account, in their policies ofeconomic and social development, the specialproblems of indigenous populations with a view toeliminating prejudice and discrimination againstsuch populations; (b) appealed to the Statesconcerned to take appropriate legislative, adminis-trative and other measures to protect the indige-nous population and prevent any discriminationagainst it; and (c) recommended to all Stateshaving legislation for the protection of indigenouspopulations that they review that legislation with aview to determining whether in practice it hadresulted, or might result, in discrimination, orwhether its effect had been to place unjust andunnecessary restrictions on certain civil andpolitical rights.

The Council invited all competent organs of theUnited Nations and, especially, the regionaleconomic commissions and specialized agenciesconcerned, to co-operate with Governments in anyactions they might undertake in compliance withthe resolution.

The Council also noted with interest the effortsthat had been made within the inter-Americansystem in reviewing legislation for the protectionof indigenous populations, and invited the Organ-ization of American States, other regional bodies,and the specialized organs and bodies of theUnited Nations to assist in the eradication of anykind of discrimination against indigenous popula-tions.

Finally, the Council authorized the Sub-Com-mission on Prevention of Discrimination andProtection of Minorities to make a complete andcomprehensive study of the problem of discrimi-nation against indigenous populations and tosuggest the necessary national and internationalmeasures for eliminating such discrimination, inco-operation with the other organs and bodies ofthe United Nations and with the competentinternational organizations.

The Council took this action on 21 May 1971 inunanimously adopting resolution 1589(L), asrecommended by its Social Committee, which on19 May had approved, unanimously, a draftsubmitted by the Commission on Human Rights,as amended by Brazil.

Also on 21 May 1971, the Economic and SocialCouncil, noting the unique contribution made bythe special study on racial discrimination in thepolitical, economic, social and cultural spheresprepared by the Special Rapporteur of theSub-Commission on Prevention of Discriminationand Protection of Minorities, expressed its grati-tude to the Special Rapporteur, Hernán SantaCruz.

The Council took this action in unanimouslyadopting resolution 1587(L), as recommended byits Social Committee. The draft text, proposed bythe Commission on Human Rights, had beenapproved unanimously by the Social Committeeon 18 May 1971.

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

Study of equality in theadministration of justice

During 1971, the Commission on HumanRights, the Economic and Social Council and theGeneral Assembly took several decisions concern-ing human rights in the administration of justice.

At its 1971 session, the Commission on HumanRights considered the final report on the study ofequality in the administration of justice submittedby its Special Rapporteur, Mohammed AhmedAbu Rannat. It was unable, however, to examinethe draft principles relating to equality in theadministration of justice which had been adoptedby the Sub-Commission on Prevention of Discrimi-nation and Protection of Minorities in 1970.

On 21 May 1971, the Economic and Social


Council requested the Secretary-General to circu-late the study and the draft principles adopted bythe Sub-Commission, and recommended that theCommission on Human Rights should, at its 1972session, examine the draft principles and take adecision on further action.

The Council took these decisions in unanimous-ly adopting resolution 1594(L), as recommendedby its Social Committee. The text was based on adraft submitted by the Commission on HumanRights and approved unanimously by the SocialCommittee on 18 May 1971.


Later in 1971, at its twenty-sixth session, theGeneral Assembly reaffirmed the principles con-cerning human rights in the administration ofjustice as embodied in the Universal Declaration ofHuman Rights, namely, those referring to: theright not to be subjected to inhuman treatment orpunishment; the right to a fair and public hearingby an independent and impartial tribunal in anycivil or criminal proceedings; the right, if chargedwith a penal offence, to be presumed innocentuntil proved guilty; and the right not to besubjected to retrospective criminal sanctions.

Among other things, the Assembly also invitedthe attention of Member States to the StandardMinimum Rules for the Treatment of Prisoners,and recommended that they be effectively imple-mented in the administration of penal andcorrectional institutions and that favourable con-sideration be given to their incorporation in

national legislation. The Assembly also expressedthe hope that the Economic and Social Councilwould be able at its early-1972 session to considerfinal proposals of the Commission on HumanRights concerning the principles relating toequality in the administration of justice.

These Assembly decisions were set forth inresolution 2858(XXVI), which was adopted by avote of 111 to 7, with 3 abstentions, on therecommendation of the Third (Social, Humani-tarian and Cultural) Committee. On 10 December1971, by a vote of 72 to 7, with 9 abstentions, theThird Committee approved the draft sponsoredby Austria, Belgium, Brazil, Canada, Costa Rica,France, Italy, the Netherlands, New Zealand,Sweden, the United Kingdom and Uruguay.


Elimination of religious intoleranceOn 18 December 1971, the General Assembly

decided to consider the question of the eliminationof all forms of religious intolerance at its 1972session.

The Assembly took this action, among others, inadopting resolution 2844(XXVI), on the recom-mendation of its Third (Social, Humanitarian andCultural) Committee, which on 10 December 1971approved, by a vote of 96 to 0, a text proposed byNigeria and Sudan.



Studies on discrimination

SPECIAL STUDY ON RACIAL DISCRIMINATION IN THEPOLITICAL, ECONOMIC, SOCIAL AND CULTURAL SPHERESRacial Discrimination. Special Study on Racial Discrimination in

the Political, Economic, Social and Cultural Spheres. U.N.P.Sales No.: E.71.XIV.2.


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters II C (a) and XIX(resolution 3(XXVII)).

E/4949, Chapter XX. Draft resolution II, as submitted byCommission on Human Rights, approved unanimously by SocialCommittee on 18 May 1971, meeting 678.

E/5032. Report of Social Committee, draft resolution II.

RESOLUTION 1588(L), as recommended by Social Committee,E/5032, adopted unanimously by Council on 21 May 1971,meeting 1771.

The Economic and Social Council,Considering it necessary that immediate, effective and decisive

steps should be taken to eradicate racial discrimination in thepolitical, economic, social and cultural spheres,

Endorsing in general the conclusions concerning such discrimi-

nation set out in the special study of racial discrimination in thepolitical, economic, social and cultural spheres,

Bearing in mind that racial discrimination exists in manycountries and that in southern Africa especially it is beingperpetuated as a device for maintaining a steady supply of cheaplabour and the minority rule by the racist régimes,

1. Recommends that the General Assembly request everycompetent United Nations organ, specialized agency, regionalintergovernmental organization and non-governmental organiza-tion in consultative status to consider, as a matter of the highestpriority, at sessions to be held in 1971, the International Year forAction to Combat Racism and Racial Discrimination, and insucceeding years:

(a) The further action which it might itself take with a view tospeedily eliminating racial discrimination throughout the world;

(b) The action which it might recommend to its subsidiaryorgans, to States and to international and national bodies for thispurpose;

(c) The follow-up measures required to ensure the full andeffective implementation of its decisions in this matter;

2. Invites non-governmental organizations in consultativestatus with special interest in the elimination of racism and racialdiscrimination to communicate biennially to the Economic andSocial Council, and for the information of any interested organ ofthe United Nations, their endeavours and progress in the struggleagainst racism, apartheid and racial discrimination, especially insouthern Africa;

3. Recommends further that the General Assembly urge allStates which are not parties to the International Convention on the


Elimination of All Forms of Racial Discrimination to accelerate theprocess of ratifying that Convention, to ratify or accede to it assoon as possible, especially during the International Year forAction to Combat Racism and Racial Discrimination, and requestthem to report to the General Assembly on the measures taken bythem to this effect, on any obstacles that may have beenencountered and on any interim measures taken to comply strictlywith the principles set out in the United Nations Declaration on theElimination of All Forms of Racial Discrimination and theInternational Convention on the Elimination of All Forms of RacialDiscrimination;

4. Recommends further that the General Assembly shouldpursue, as a major feature of action to combat racism and racialdiscrimination after the International Year, with the co-operationand assistance of every competent United Nations organ,specialized agency and affiliated national and internationalorganization, a world-wide programme intended to build up publicopinion, especially through radio and television broadcasts, as wellas through the distribution of appropriate literature such as theStatement on Race and Racial Discrimination adopted by aconference of experts on the subject convened by the UnitedNations Educational, Scientific and Cultural Organization in Parisin 1967, with a view to eradicating once and for all false racialbeliefs based upon a lack of scientific knowledge;

5. Recommends further that the General Assembly urge allStates concerned to accelerate economic and social developmentof their minority groups with a view to eliminating de factodiscrimination occasioned by their low standard of living, and urgealso competent organs of the United Nations and specializedagencies to extend their full co-operation, including technical andfinancial assistance where appropriate, to enable the Statesconcerned to achieve the foregoing objective;

6. Stresses the significance of social and economic reformsthat lead to the acceleration of the social and economicdevelopment of countries and also to the full participation of peoplein the process of such development and in its benefits as the basisfor the actual realization of human rights and freedoms and theelimination of all forms of racial discrimination;

7. Invites the International Labour Organisation and the UnitedNations Educational, Scientific and Cultural Organization toprovide the Commission on Human Rights with reports, atthree-year intervals, on the nature and effect of any racialdiscrimination, especially in southern Africa, of whose existencethey have knowledge in their sphere of competence.

E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters II C (b) and XIX(resolution 4(XXVII)).

E/4949, Chapter XX. Draft resolution III, as submitted byCommission on Human Rights, and as amended by Brazil(E/AC.7/L.600, paras. 1 and 2), approved unanimously bySocial Committee on 19 May 1971, meeting 680.

E/AC.7/L600. Brazil: amendments to draft resolution III submittedby Commission on Human Rights in E/4949.

E/5032. Report of Social Committee, draft resolution III.


The Economic and Social Council,Noting that indigenous populations often encounter racial

prejudice and discrimination and that sometimes the specialmeasures taken by the authorities to protect their unique cultureand identity— which they themselves earnestly wish to maintain—may, with the passage of time, become unnecessary orexcessive and therefore may also be discriminatory in character,

Considering that the international community must thereforedevote particular attention to the problems of indigenouspopulations if it is to succeed in its endeavour to eliminate all formsof discrimination,

Convinced that the policy of integration of indigenous popula-tions in the national community, and not segregation or

assimilation, is the most appropriate means of eliminatingdiscrimination against those populations,

Convinced also that no integration policy for indigenouspopulations, whether they represent minority groups or a majorityof a country's population, can proceed unless it is accompanied bya policy of economic, social and educational development aimed atachieving a rapid and substantial rise in the living standards ofthose populations,

Convinced further that every precaution must be taken to ensurethat the process of integration is not carried out to the detriment ofthe institutions and traditions of the indigenous population and thatits cultural and historical values are respected,

1. Recommends that the Governments of all States havingindigenous populations take into account, in their policies ofeconomic and social development, the special problems ofindigenous populations with a view to eliminating prejudice anddiscrimination against such populations;

2. Appeals to the States concerned, if they have not yet doneso, to take the appropriate legislative, administrative and othermeasures to protect the indigenous population and to prevent anydiscrimination against it;

3. Invites all competent organs of the United Nations and,especially, the regional economic commissions and specializedagencies concerned to co-operate with Governments in anyactions which they may undertake in compliance with the presentresolution;

4. Recommends to all States having legislation for theprotection of indigenous populations that they review thatlegislation with a view to determining whether in practice it has notalready resulted, or might not result, in discrimination, or whetherits effect has been to place unjust and unnecessary restrictions oncertain civil and political rights;

5. Notes with interest the efforts that have been made in thisconnexion within the inter-American system and invites theOrganization of American States, and particularly its specializedorgans and bodies, such as the Inter-American Commission onHuman Rights and the Inter-American Indian Institute, to assist inthe eradication of any kind of discrimination against indigenouspopulations;

6. Invites similarly the specialized organs and bodies of theUnited Nations and the other regional bodies to take the necessarysteps for the same purpose of assisting in the eradication of anydiscrimination against indigenous populations;

7. Authorizes the Sub-Commission on Prevention of Discrimi-nation and Protection of Minorities to make a complete andcomprehensive study of the problem of discrimination againstindigenous populations and to suggest the necessary national andinternational measures for eliminating such discrimination, inco-operation with the other organs and bodies of the UnitedNations and with the competent international organizations.

E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters II C (d) and XIX(resolution 2(XXVII)).

E/4949, Chapter XX. Draft resolution I, as submitted byCommission on Human Rights, approved unanimously by SocialCommittee on 18 May 1971, meeting 678.

E/5032. Report of Social Committee, draft resolution I.


The Economic and Social Council,Taking into account the unique contribution made by the special

study of racial discrimination in the political, economic, social andcultural spheres, submitted to the Sub-Commission on Preventionof Discrimination and Protection of Minorities at its twenty-thirdsession and to the Commission on Human Rights at itstwenty-seventh session by the Special Rapporteur of theSub-Commission, Mr. Hernán Santa Cruz,

Expresses its appreciation to Mr. Santa Cruz for his valuablestudy.


E/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-tion of Discrimination and Protection of Minorities on its 24thsession, 2-20 August 1971, Chapters IX and XII (resolution8(XXIV)).

Other documentsA/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 3.A/8403. Report of Economic and Social Council on work of its 50th

and 51st sessions, Chapter XVIIB and F.E/CN.4/1070 and Corr.1. Report on 24th session of Sub-Commis-

sion on Prevention of Discrimination and Protection of Minori-ties, 2-20 August 1971, Chapters VII and XII (resolution6(XXIV)).

STUDY OF EQUALITY IN THEADMINISTRATION OF JUSTICE


Study of Equality in the Administration of Justice. U.N.P. SalesNo.:E.71.XIV.3.

E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters VIII and XIX(resolution 13(XXVII)).

E/4949, Chapter XX. Draft resolution VIII, as submitted byCommission on Human Rights, approved unanimously by SocialCommittee on 18 May 1971, meeting 678.


E/5032. Report of Social Committee, draft resolution VIII.


The Economic and Social Council,Recalling its resolution 1499(XLVIII) of 27 May 1970 on the

study of equality in the administration of justice,Noting resolution 3(XXIII) of the Sub-Commission on Prevention

of Discrimination and Protection of Minorities,Noting also that the Sub-Commission has completed its

consideration of the draft principles contained in the studyprepared by the Special Rapporteur, Mr. Abu Rannat, and hasadopted certain principles relating to equality in the administrationof justice,

Considering however that, owing to lack of time, the Commis-sion on Human Rights was unable to examine the above draftprinciples in detail,

1. Expresses its appreciation to Mr. Abu Rannat for hisvaluable study;

2. Requests the Secretary-General to print the SpecialRapporteur's study, together with the general principles adoptedby the Sub-Commission on Prevention of Discrimination andProtection of Minorities in its resolution 3(XXIII), and to circulatethem as widely as possible;

3. Recommends that the Commission on Human Rightsshould, at its twenty-eighth session, examine the draft principlesrelating to equality in the administration of justice and take adecision on further action.



A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII H.

A/C.3/L.1909. Austria, Belgium, Brazil, Canada, Costa Rica,France, Italy, Netherlands, New Zealand, Sweden, United

Kingdom, Uruguay: draft resolution, approved by Third Commit-tee on 10 December 1971, meeting 1905, by 72 votes to 7, with9 abstentions.

A/8588. Report of Third Committee (on report of Economic andSocial Council), draft resolution IV.


The General Assembly,Recalling articles 5, 10 and 11 of the Universal Declaration of

Human Rights,Recalling Economic and Social Council resolution 663C(XXIV),

section I, of 31 July 1957, by which the Council approved theStandard Minimum Rules for the Treatment of Prisoners,

Convinced of the need for further concerted action in promotingrespect for and implementation of the principles embodied in theaforementioned articles of the Universal Declaration of HumanRights,

1. Solemnly reaffirms the principles concerning human rightsin the administration of justice as embodied in articles 5, 10 and 11of the Universal Declaration of Human Rights, namely, thosereferring to the right not to be subjected to inhuman treatment orpunishment, the right to a fair and public hearing by anindependent and impartial tribunal in any civil or criminalproceedings, the right, if charged with a penal offence, to bepresumed innocent until proved guilty and the right not to besubjected to retrospective criminal sanctions;

2. Invites the attention of Member States to the StandardMinimum Rules for the Treatment of Prisoners and recommendsthat they shall be effectively implemented in the administration ofpenal and correctional institutions and that favourable considera-tion shall be given to their incorporation in national legislation;

3. Takes note with satisfaction of the establishment within thework programme of the Commission for Social Development of theWorking Group on Standard Minimum Rules for the Treatment ofPrisoners to advise on methods of strengthening the implementa-tion of the Rules and of improving the reporting proceduresthereon;

4. Endorses the recommendation contained in Economic andSocial Council resolution 1594(L) of 21 May 1971 that theCommission on Human Rights should, at its twenty-eighth session,examine the draft principles relating to equality in the administra-tion of justice adopted by the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities and take a decision onfurther action;

5. Expresses the hope that the Economic and Social Councilat its fifty-second session will be able to consider final proposals ofthe Commission on Human Rights on these principles.

Elimination of religious intolerance


A/8330. Note by Secretary-General.A/C.3/L.1925. Nigeria and Sudan: draft resolution, approved by

Third Committee on 10 December 1971, meeting 1905, by 96votes to 0.


RESOLUTION 2844(XXVI), as recommended by Third Commit-tee, A/8590, adopted by Assembly on 18 December 1971,meeting 2025, by 114 votes to 0.

The General Assembly,Considering that there is not enough time for the consideration

of all the items on the agenda of the Third Committee,Bearing in mind the need for a full discussion of all the items,Decides to consider at its twenty-seventh session the items

entitled "Freedom of information," "Human rights and scientific


and technological developments" and "Elimination of all forms ofreligious intolerance."

Consideration of future workof Sub-CommissionE/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-

tion of Discrimination and Protection of Minorities on its 24thsession, 2-20 August 1971, Chapters X and XII (resolutions4(XXIV) and 9(XXIV)).

Report of Sub-CommissionE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters VI, VIII, XIV, XVand XIX B (other decisions, pp. 95 and 96).

E/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-tion of Discrimination and Protection of Minorities on its 24thsession, 2-20 August 1971, Headquarters, New York. (AnnexIII: List of documents before Sub-Commission at its 24thsession.)

Violations of human rights and fundamental freedoms

During 1971, various questions concerning viola-tions of human rights and fundamental freedomswere again considered by the General Assembly,the Economic and Social Council, the Commissionon Human Rights and certain subsidiary bodies.

Among the matters considered were: the viola-tion of human rights in the territories occupied as

a result of hostilities in the Middle East; the studyof situations revealing a consistent pattern ofhuman rights violations; and rules of procedurefor bodies dealing with violations.

Decisions on these and related matters by thevarious bodies concerned are described in thesections that follow.

Study of violations

Questions of human rights in occupied territoriesDuring 1971, the Commission on Human Rights

considered the first report of the Special Commit-tee to Investigate Israeli Practices Affecting theHuman Rights of the Population of the OccupiedTerritories, established by the General Assemblyon 19 December 1968.6 The second report of theSpecial Committee was considered in 1971 by theGeneral Assembly at its twenty-sixth (1971) ses-sion.

Also during 1971, the Security Council receiveda number of communications from Arab countriesconcerning the treatment of the civilian popula-tion in territories occupied by Israel, and Israel'sreplies to these (see pp. 188-90).

Decisions of Human Rights CommissionThe 1970 report of the Special Committee to

Investigate Israeli Practices Affecting the HumanRights of the Population of the Occupied Territo-ries, which had been considered by the GeneralAssembly at its twenty-fifth (1970) session, was alsostudied by the Commission on Human Rights at itstwenty-seventh (1971) session. On 15 March, theCommission adopted a resolution based on therecommendations and conclusions contained inthe 1970 report.

Among other things, the Commission con-demned Israel's continued violations of humanrights in the occupied territories, including poli-cies aimed at changing the status of the territories,and condemned specifically the following policiesand practices of Israel: (a) denial of the right of therefugees and displaced persons to return to theirhomes; (b) resort to collective punishment; (c) thedeportation and expulsion of the citizens of theoccupied territories; (d) arbitrary arrest and

detention of the citizens of the occupied territo-ries; (e) ill-treatment and torture of prisoners; (f)destruction and demolition of villages, townquarters, houses, and confiscation and expropria-tion of property; (g) evacuation and transfer ofsections of the population of the occupied territo-ries; and (h) transfer of parts of its own civilianpopulation into the occupied territories.

The Commission strongly deplored Israel'spolicies in the occupied territories aimed at placingthe population in a general state of repression,fear and deprivation, and particularly deplored:(a) requisition of hospitals and their transforma-tion into police stations; (b) abrogation of thenational laws and interference with the judicialsystem; and (c) refusal to allow use of the textbooksapproved by the United Nations Educational,Scientific and Cultural Organization for schools inthe occupied territories, and the insistence onforcing upon school children an alien system ofeducation.

The Commission again called upon Israel: tocomply fully with its obligations under the fourthGeneva Convention of 12 August 1949 (having todo with the protection of civilian persons in time ofwar); to enable forthwith the refugees anddisplaced persons to return to their homes; and toheed and implement the many resolutions adopt-ed by United Nations organs and the specializedagencies for the safeguarding of human rights inthe occupied territories.

The Commission reaffirmed that all measurestaken by Israel to colonize the occupied territories,including occupied Jerusalem, were completelynull and void and declared that Israel's continued

6

See Y.U.N., 1968, pp. 555-56, text of resolution 2443(XXIII).


and increasing violations of the human rights ofthe population of the occupied territories—and itsdeliberate and persistent refusal to abide by itslegal obligations under the United Nations Char-ter, international law, and the fourth GenevaConvention of 1949—indicated the necessity ofcollective action on the part of the internationalcommunity to ensure respect for the human rightsof the population of the occupied territories.

The International Committee of the Red Crosswas urged by the Commission to co-operate withUnited Nations organs, and particularly with theSpecial Committee to Investigate Israeli PracticesAffecting the Human Rights of the Population ofthe Occupied Territories in the fulfilment of itstask to ensure the safeguarding of the humanrights of the population of the occupied territo-ries, and to inform the Human Rights Commissionat its 1972 session of the steps taken. TheSecretary-General was asked to give wide publicityto United Nations documents dealing with viola-tions of human rights in the occupied territories,and in particular to the report of the SpecialCommittee, and to use United Nations informa-tion media in disseminating information on theconditions of the population of the occupiedterritories, the refugees and displaced persons.

Reports of the Special Committee in 1971The Special Committee to Investigate Israeli

Practices Affecting the Human Rights of thePopulation of the Occupied Territories carried outfurther investigations from 7 to 16 July 1971. Itheld meetings in Amman (Jordan), Beirut (Leba-non), Geneva (Switzerland) and New York; 49witnesses were heard, and written evidence wasalso received. Its second report was issued on 5October, and a supplementary report on 10December.

The Special Committee noted that since thepresentation of its first report in 1970 certainpolicies and practices found to exist in theoccupied territories had been continued, in someinstances on an even wider scale than before,especially with regard to the policy of encouragingthe movement of Israeli settlers into settlements inthe occupied territories.

The practice of deporting civilians from theoccupied territories had continued unabated, theSpecial Committee reported, and it recorded itsgrave concern that this practice, together with thepolicy of establishing settlements in the occupiedterritories, seemed calculated to eliminate anidentifiable Palestinian community altogetherfrom those territories.

For these reasons, the Special Committeereiterated the recommendations it had made in1970: that the States whose territory was occupiedby Israel appoint immediately either a neutral

State or States, or an international organizationoffering all guarantees of impartiality and effec-tiveness, to safeguard the human rights of thepopulation of the occupied territories; that suita-ble arrangements be made for the proper rep-resentation of the interests of the large populationin the occupied territories which had not beengiven the opportunity of exercising the right ofself-determination; and that a neutral State orinternational organization be nominated by Israeland be associated in this arrangement.

The Special Committee further recommendedthat the State or States or international organiza-tion duly nominated under this arrangementmight be authorized to undertake the followingactivities: (a) to secure the scrupulous implementa-tion of the provisions relating to human rightscontained in the third and fourth Geneva Conven-tions of 12 August 1949 (the third Conventionhaving to do with the treatment of prisoners ofwar, the fourth Convention with the treatment ofcivilian persons in time of war), and particularly toinvestigate allegations of violations of the humanrights provisions of these Conventions or of otherapplicable international instruments; (b) to ensurethat the population of the occupied territories wastreated in accordance with the applicable law; and(c) to report on its work to the States concernedand to the General Assembly.

In its supplementary report issued on 10December, the Special Committee took note of astatement that had been made by the InternationalCommittee of the Red Cross (ICRC) to the effectthat it was willing under certain conditions toassume the role of a protecting power under theGeneva Conventions. The Special Committeenoted that ICRC had expressed its readiness toassume these functions after giving careful consid-eration to the question of the reinforcement of theimplementation of the existing Geneva Conven-tions and arriving at the conclusion that all tasksfalling to a protecting power under the Conven-tions could be considered humanitarian functions.

The Special Committee therefore modified itsoriginal recommendations and recommended thatthe General Assembly might: (a) request theSecretary-General to inform the parties concernedof ICRC'S readiness to take upon itself all thefunctions envisaged for protecting powers in theGeneva Conventions and to invite them to availthemselves of the services of ICRC in dealing withthe application of the provisions of the GenevaConventions in the occupied territories in theMiddle East; (b) request ICRC to consider the needfor keeping the United Nations fully informed,through the Secretary-General, of its activities as aprotecting power, in addition to reporting to theparties concerned; and (c) reconsider the mandateof the Special Committee as to whether or not


there was need for the continuation of its activitiesonce ICRC began in fact to function as a protectingpower.

Consideration by General AssemblyOn 20 December 1971, at its twenty-sixth

session, the General Assembly adopted a resolu-tion (2851(XXVI)) on the 1971 reports of theSpecial Committee to Investigate Israeli PracticesAffecting the Human Rights of the Population ofthe Occupied Territories.

By the preambular parts of this text, theAssembly among other things expressed its graveconcern about the violations of the human rightsof the inhabitants of the occupied territories. TheAssembly considered that the system of investiga-tion and protection was essential for ensuringeffective implementation of international instru-ments, such as the 1949 (fourth) Geneva Conven-tion relative to the Protection of Civilian Persons inTime of War, and regretted that the relevantprovisions of that Convention had not beenimplemented by the Israeli authorities. TheAssembly also recalled that States parties to thatConvention had undertaken not only to respectbut also to ensure respect for the Convention in allcircumstances.

The Assembly then noted with satisfaction thatthe International Committee of the Red Cross(ICRC) had concluded that all tasks falling to aprotecting power under the 1949 Geneva Conven-tions could be considered humanitarian functionsand ICRC had declared itself ready to assume allthe functions envisaged for protecting powers inthe Conventions.

By the operative part of the text, the Assemblyamong other things strongly called upon Israel torescind forthwith all measures and to desist fromall policies and practices such as: (a) the annexa-tion of any part of the occupied Arab territories;(b) the establishment of Israeli settlements on thoseterritories and the transfer of parts of Israel'scivilian population into the occupied territory; (c)the destruction and demolition of villages, quar-

ters and houses and the confiscation and expro-priation of property; (d) the evacuation, transfer,deportation and expulsion of the inhabitants ofthe occupied Arab territories; (e) the denial of theright of the refugees and displaced persons toreturn to their homes; (f) the ill-treatment andtorture of prisoners and detainees; and (g)collective punishment.

The Assembly then called upon Israel to permitall persons who had fled from the occupiedterritories or had been deported or expelledtherefrom to return to their homes. It reaffirmedthat all measures taken by Israel to settle theoccupied territories, including occupied Jerusa-lem, were completely null and void.

Israel was called on by the Assembly to complyfully with its obligations under the fourth GenevaConvention of 1949, and States parties to theConvention were asked to do their utmost toensure that Israel respected and fulfilled suchobligations.

The Assembly asked the Special Commit-tee—pending the early termination of Israelioccupation of Arab territories—to continue itswork and to consult as appropriate with ICRC toensure the safeguarding of the welfare and humanrights of the population of the occupied territo-ries. It urged Israel to co-operate with the SpecialCommittee and to facilitate its entry into theoccupied territories so that it could perform itsfunctions.

The resolution was adopted on the recommen-dation of the Assembly's Special Political Commit-tee, which approved it on 16 December by aroll-call vote of 48 to 16, with 42 abstentions, onthe basis of a proposal by Mali and Mauritania.Amendments proposed by Indonesia and Nigeriawere accepted by the sponsors. The resolution wasadopted by the Assembly on 20 December by arecorded vote of 53 to 20, with 46 abstentions, asresolution 2851(XXVI).

(For text of resolution and voting details, see pp.194-95; for debate in Special Political Committee,see pp. 192-94.)


Question of human rights in occupied territories DECISIONS OF GENERAL ASSEMBLY

DECISIONS OF HUMAN RIGHTS COMMISSION

E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters IV and XIX(resolution 9(XXVII)).

E/L.1395. Note of 5 May 1971 by Secretary-General (transmittingcommunication from International Committee of Red Cross).

RESOLUTION 2851 (XXVI), as recommended by Special PoliticalCommittee, A/8630, adopted by Assembly on 20 December1971, meeting 2027, by recorded vote of 53 to 20, with 46abstentions.

[For text of resolution, recorded vote, relevant meetings andsupporting documentation, see p. 195.]


Other matters relating to violations of human rights and fundamental freedoms

Questions concerning procedures

Procedures for dealing with communicationsrelating to violations of human rights

At its 1971 session (22 February-26 March), theCommission on Human Rights had before it anumber of proposals on provisional proceduresconcerning the admissibility of communicationsrelating to violations of human rights received bythe Secretary-General under an Economic andSocial Council resolution of 30 July 1959.7 Theproposals had been transmitted to the Commissionfollowing their consideration by the Sub-Commis-sion on Prevention of Discrimination and Protec-tion of Minorities in 1970, in accordance with anEconomic and Social Council request of 27 May1970.8

Because of lack of time, the Commission wasunable to examine the draft proposals.

At its twenty-fourth session held in August1971, the Sub-Commission approved a set ofprovisional procedures, under which, amongother things, a communication was to be consid-ered admissible only if: (i) there were reasonablegrounds to believe it revealed a consistent patternof gross and reliably attested violations of humanrights and fundamental freedoms; (ii) the object ofthe communication was consistent with the rele-vant principles of the United Nations Charter, theUniversal Declaration of Human Rights and otherapplicable instruments in the field; and (iii) thecommunication originated from a person or groupof persons who could reasonably be presumed tobe victims of the violations, a person or personswho had direct and reliable knowledge of theviolations, or non-governmental organizationshaving direct and reliable knowledge of suchviolations. Each communication was to contain adescription of the facts and indicate the purpose ofthe petition and the rights that had been violated.

A communication would be held inadmissible if:it were anonymous, written in abusive language ormanifestly politically motivated; it appeared to be

based exclusively on reports disseminated by themass media; it would prejudice by its admissionthe functions of the specialized agencies; domesticremedies had not been exhausted; the case hadbeen settled by the State concerned in accordancewith the principles set forth in the UniversalDeclaration of Human Rights and other relevantinstruments; or it was not submitted to the UnitedNations within a reasonable time after the exhaus-tion of domestic remedies.

Also during 1971, the Sub-Commission onPrevention of Discrimination and Protection ofMinorities appointed a five-member workinggroup to consider all communications received bythe Secretary-General under the Council's resolu-tion of 30 July 1959, with a view to bringing to theattention of the Sub-Commission those communi-cations, together with the replies of Governments,which appeared to reveal a consistent pattern ofgross and reliably attested violations of humanrights and fundamental freedoms. The Sub-Com-mission took this action at the request of theEconomic and Social Council.9

Rules of procedure for bodies dealingwith violations of human rights

At its 1971 session, the Commission on HumanRights adopted a resolution by which it decided toestablish a five-member working group to examinedraft model rules of procedure for United Nationsbodies dealing with violations of human rights; themodel rules had been submitted to the Commis-sion by the Secretary-General in 1970.

The Commission asked the Secretary-General totransmit the model rules to Member States fortheir comments, and to submit the commentsreceived to the working group and the Commis-sion. It requested the working group to report to iton this question in 1972.

7

8 See Y.U.N., 1970, pp. 530-31, text of resolution 1503(XLVIII).9

Ibid.


Questions concerning procedures

PROCEDURES FOR DEALING WITH COMMUNICATIONSRELATING TO VIOLATIONS OF HUMAN RIGHTSE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapter VII A.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 17.E/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-

tion of Discrimination and Protection of Minorities on its 24th

session, 2-20 August 1971, Chapters II and XII (resolutions1(XXIV) and 2(XXIV)).

RULES OF PROCEDURE FOR BODIES DEALINGWITH VIOLATIONS OF HUMAN RIGHTSE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters VII B and XIX(resolution 14(XXVII)).


See Y.U.N., 1959, p. 221, text of resolution 728 F (XXVIII).


The importance of the right to self-determinationDuring 1971, various aspects of the question of theimportance of the right to self-determination wereconsidered by the General Assembly, the Econom-ic and Social Council and the Commission onHuman Rights.

At its 1971 session (22 February-26 March), theCommission on Human Rights adopted tworesolutions concerning the implementation ofUnited Nations resolutions relating to the right toself-determination of peoples under colonial andalien domination.

By the first text, the Commission requested theSecretary-General to prepare an annotated collec-tion of all such resolutions which had beenadopted by the various organs of the UnitedNations, the specialized agencies and the regionalorganizations.

By its second text, the Commission recommend-ed to the Economic and Social Council, foreventual adoption by the General Assembly, adraft resolution on the right to self-determination.

On 21 May 1971, the Council adopted resolu-tion 1592(L), by which it transmitted the Commis-sion's text, as requested, to the General Assembly,with the recommendation that the Assembly adoptit.

By the preambular paragraphs of this draft, theAssembly would:

(a) solemnly reaffirm that the subjection ofpeoples to alien subjugation, domination andexploitation was a violation of the principle ofself-determination as well as a denial of basichuman rights and was contrary to the UnitedNations Charter;

(b) express concern at the fact that manypeoples continued to be denied the right toself-determination and were living under condi-tions of colonial and foreign domination;

(c) express concern at the fact that somecountries, notably Portugal, with the support of itsNorth Atlantic Treaty Organization allies, werewaging war against the national liberation move-ment in colonial and developing countries;

(d) confirm that colonialism in all its forms andmanifestations, including the methods of neo-colonialism, constituted a gross encroachment onthe rights of peoples and the basic human rightsand freedoms;

(e) express the conviction that effective applica-tion of the principles of self-determination ofpeoples was of paramount importance for promot-ing the development of friendly relations betweencountries and peoples and for ensuring humanrights.

By the operative paragraphs of the draft, theAssembly would:

(1) confirm the legality of the peoples' struggle

for self-determination and liberation from colonialand foreign domination by all available means;

(2) affirm man's basic human right to fight forthe self-determination of his people under colonialand foreign domination;

(3) express belief that the main objectives andprinciples of international protection of humanrights could not be effectively implemented whilesome States pursued the imperialist policy ofcolonialism, used force against developing coun-tries and peoples fighting for self-determinationand supported régimes that applied the criminalpolicy of racism and apartheid;

(4) condemn the colonial powers that weresuppressing the right of peoples to self-determina-tion and hampering the liquidation of the lasthotbeds of colonialism and racism in the Africancontinent and other parts of the world;

(5) condemn States that contributed to thecreation in southern Africa of a military-industrialcomplex whose aim was to suppress the movementof peoples struggling for their self-determinationand to interfere in the affairs of independentAfrican States;

(6) recall that it was the duty of every State tocontribute through joint and independent actionto the implementation of the principle of self-determination, in accordance with the provisionsof the Charter, and to assist the United Nations indischarging the responsibilities vested in it by theCharter for the implementation of this principle;

(7) urge States to discharge their duty and toco-operate in bringing about universal respect forand observance of human rights and fundamentalfreedoms and in eliminating all forms of racialdiscrimination; and

(8) resolve to devote constant attention to thequestion of flagrant large-scale violations ofhuman rights and fundamental freedoms result-ing from the denial to peoples under colonial andforeign domination of their right to self-determi-nation.

Council resolution 1592(L) was adopted by avote of 16 to 5, with 3 abstentions, as recommend-ed by the Social Committee. The Social Committeeapproved the text submitted by the Commissionon Human Rights on 18 May 1971, by a vote of 15to 5, with 3 abstentions.


In explanation of vote, the United States saidthat it had voted against the draft because itcontained tendentious and unrealistic statements.France said that it had opposed the text because itbelieved that the question of the right to self-deter-mination was political in nature and beyond thecompetence of the Commission on Human Rights;


moreover, the wording of the text was in conflictwith that of the United Nations Charter.

When the Council's text was discussed in theGeneral Assembly's Third (Social, Humanitarianand Cultural) Committee, a number of amend-ments were put forward by Committee members.

The text that was approved by the ThirdCommittee incorporated amendments sponsoredby: the Syrian Arab Republic; six powers—Al-geria, Guinea, the Libyan Arab Republic, Mali,Mauritania and Tunisia; 12 powers—Barbados,the Congo, Guyana, Jamaica, Kenya, Mauritania,Nigeria, Sierra Leone, Somalia, Uganda, theUnited Republic of Tanzania, and Zambia; Pakis-tan; Afghanistan; Iraq; and the United States. Anumber of other amendments put forward by theUnited States were rejected by the Committee.

On 6 December 1971, the Assembly adopted, asits resolution 2787(XXVI), the text that wasrecommended by the Third Committee.

By the preambular paragraphs of the resolu-tion, the Assembly:

(a) solemnly reaffirmed that the subjection ofpeoples to alien subjugation, domination andcolonial exploitation was a violation of the princi-ple of self-determination as well as a denial of basichuman rights and was contrary to the Charter ofthe United Nations;

(b) expressed concern that many peoples con-tinued to be denied the right to self-determinationand were living under conditions of colonial andforeign domination;

(c) expressed concern that some countries,notably Portugal, with the support of their NorthAtlantic Treaty Organization (NATO) allies, werewaging war against the national liberation move-ment of the colonies and against certain indepen-dent States of Africa and Asia and the developingcountries;

(d) confirmed that colonialism in all its formsand manifestations, including the methods ofneo-colonialism, constituted a gross encroachmenton the rights of peoples and on the basic humanrights and freedoms;

(e) expressed the conviction that the effectiveapplication of the principle of self-determinationof peoples was of paramount importance for thepromotion of friendly relations between countriesand peoples, the guarantee of human rights andthe maintenance of peace in the world;

(f) affirmed that the future of Zimbabwe[Southern Rhodesia] could not be negotiated withan illegal régime and that any settlement must bemade on the basis of "no independence beforemajority rule";

(g) reaffirmed the inalienable rights of allpeoples, and in particular those of Zimbabwe,Namibia, Angola, Mozambique and Guinea (Bis-sau) and the Palestinian people, to freedom,

equality and self-determination, and the legitima-cy of their struggles to restore those rights;

(h) reaffirmed the Declaration on Principles ofInternational Law concerning Friendly Relationsand Co-operation among States in accordance withthe Charter of the United Nations,10 whichelaborated the principle of self-determination ofpeoples;

(i) considered that the establishment of asovereign and independent State freely deter-mined by all the people belonging to the territoryconstituted a mode of implementing the right ofself-determination;

(j) further considered that any attempt aimedat the partial or total disruption of the nationalunity and territorial integrity of a State establishedin accordance with the right of self-determinationof its people was incompatible with the purposesand principles of the Charter;

(k) had in mind that interference in theinternal affairs of States was a violation of theCharter and could pose a serious threat to themaintenance of peace.

By the operative paragraphs of the resolution,the Assembly:

(1) confirmed the legality of the people'sstruggle for self-determination and liberationfrom colonial and foreign domination and aliensubjugation, notably in southern Africa and inparticular that of the peoples of Zimbabwe,Namibia, Angola, Mozambique and Guinea (Bis-sau), as well as of the Palestinian people, by allavailable means consistent with the United NationsCharter;

(2) affirmed man's basic human right to fightfor the self-determination of his people undercolonial and foreign domination;

(3) called upon all States dedicated to theideals of freedom and peace to give all theirpolitical, moral and material assistance to peoplesstruggling for liberation, self-determination andindependence against colonial and alien domina-tion;

(4) expressed the belief that the main objec-tives and principles of international protection ofhuman rights could not be effectively implement-ed while some States, particularly Portugal andSouth Africa, pursued the imperialist policy ofcolonialism, used force against independent Afri-can States and developing countries and peoplesfighting for self-determination and supportedregimes that were applying the criminal policy ofracism and apartheid;

(5) condemned the colonial and usurpingpowers that were suppressing the right of peoplesto self-determination and hampering the liquida-

10 See Y.U.N., 1970, pp. 788-92, resolution 2625(XXV) of 24 October

1970, containing text of Declaration.


tion of the last hotbeds of colonialism and racismin the African and Asian continents and in otherparts of the world;

(6) condemned the policy of certain Statesmembers of NATO that contributed to the creationin southern Africa of a military-industrial complexwhose aim was to suppress the movement ofpeoples struggling for self-determination and tointerfere in the affairs of independent AfricanStates;

(7) recalled that it was the duty of every Stateto contribute through joint and independentaction to the implementation of the principle ofself-determination in accordance with the provi-sions of the Charter, and to assist the UnitedNations in discharging the responsibilities vestedin it by the Charter for the implementation of thisprinciple;

(8) urged the Security Council as well as StatesMembers of the United Nations or members ofspecialized agencies to take effective steps toensure the implementation of the relevant UnitedNations resolutions on the elimination of colonial-ism and racism and to report to the GeneralAssembly at its 1972 session;

(9) resolved to devote constant attention to the

question of flagrant large-scale violations ofhuman rights and fundamental freedoms result-ing from the denial to peoples under colonial andforeign domination of their right to self-determi-nation;

(10) called upon all States to observe theprinciples of the sovereign equality of States,non-interference in the internal affairs of otherStates and respect for their sovereign rights andterritorial integrity.

Resolution 2787(XXVI) was adopted by arecorded vote of 76 to 10, with 33 abstentions.

Separate votes were taken on the references tothe Palestinian people which appeared in the text:by a recorded vote of 50 to 23, with 43 abstentions,the Assembly decided to retain the referencewhich appeared in the preamble; by a recordedvote of 50 to 24, with 44 abstentions, it decided toretain the reference in the first operative para-graph.

The Third Committee approved the draft on 25November 1971, by a recorded vote of 74 to 12,with 27 abstentions.




E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters III and XIX(resolution 8 A and B (XXVII)).

E/4949, Chapter XX. Draft resolution VI, as submitted byCommission on Human Rights, approved by Social Committeeon 18 May 1971, meeting 678, by 15 votes to 5, with 3abstentions.

E/5032. Report of Social Committee, draft resolution VI.


The Economic and Social Council,Recalling General Assembly resolution 1514(XV) of 14 October

1960 containing the Declaration on the Granting of Independenceto Colonial Countries and Peoples, and General Assemblyresolution 2621 (XXV) of 12 October 1970 concerning a pro-gramme of action for the full implementation of the saidDeclaration,

Guided by the Declaration on Principles of International Lawconcerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations,

Recommends that the General Assembly adopt the followingdraft resolution:

"The General Assembly,"Solemnly reaffirming that the subjection of peoples to alien

subjugation, domination and exploitation is a violation of theprinciple of self-determination as well as a denial of basic humanrights and is contrary to the Charter of the United Nations,

"Concerned at the fact that many peoples continue to be deniedthe right to self-determination and are living under conditions ofcolonial and foreign domination,

"Expressing concern at the fact that some countries, notably

Portugal, with the support of its North Atlantic Treaty Organizationallies, are waging war against the national liberation movement incolonial and developing countries,

"Confirming that colonialism in all its forms and manifestations,including the methods of neo-colonialism, constitutes a grossencroachment on the rights of peoples and the basic human rightsand freedoms,

"Convinced that effective application of the principles ofself-determination of peoples is of paramount importance forpromoting the development of friendly relations between countriesand peoples and for ensuring human rights,

"1. Confirms the legality of the peoples' struggle for self-deter-mination and liberation from colonial and foreign domination by allavailable means;

"2. Affirms man's basic human right to fight for the self-deter-mination of his people under colonial and foreign domination;

"3. Believes that the main objectives and principles ofinternational protection of human rights cannot be effectivelyimplemented while some States pursue the imperialist policy ofcolonialism, use force against developing countries and peoplesfighting for self-determination and support régimes that areapplying the criminal policy of racism and apartheid;

"4. Condemns the colonial Powers that are suppressing theright of peoples to self-determination and hampering the liquidationof the last hotbeds of colonialism and racism in the Africancontinent and in other parts of the world;

"5. Condemns States that contribute to the creation insouthern Africa of a military-industrial complex whose aim is thesuppression of the movement of peoples struggling for theirself-determination and interference in the affairs of independentAfrican States;

"6. Recalls that it is the duty of every State to contributethrough joint and independent action to the implementation of theprinciple of self-determination, in accordance with the provisions ofthe Charter, and to assist the United Nations in discharging theresponsibilities vested in it by the Charter for the implementation ofthis principle;

"7. urges States to discharge their duty and to co-operate in


bringing about universal respect for and observance of humanrights and fundamental freedoms and eliminating all forms of racialdiscrimination;

"8. Resolves to devote constant attention to the question offlagrant large-scale violations of human rights and fundamentalfreedoms resulting from the denial to peoples under colonial andforeign domination of their right to self-determination."

General Assembly—26th sessionThird Committee, meetings 1868-1873, 1880-1884.Plenary meeting 2001.

A/8331. Importance of universal realization of right of peoples toself-determination and of speedy granting of independence tocolonial countries and peoples for effective guarantee andobservance of human rights. Note by Secretary-General,transmitting Economic and Social Council resolution 1592(L), asamended by Afghanistan (A/C.3/L.1879), by Iraq (A/C.3/L.1877/Rev.1, as orally sub-amended by Morocco), byPakistan (A/C.3/L.1886/Rev.1, as amended by India(A/C.3/L.1893, para. 1, as orally revised)), by Syrian ArabRepublic (A/C.3/L.1878, as orally sub-amended), by UnitedStates (A/C.3/L.1881/Rev.1, para. 3), by 6 powers(A/C.3/L.1882, as sub-amended by Barbados (A/C.3/L.1888,as orally sub-amended by Morocco) and as orally sub-amendedby Jamaica and by sponsors), and by 12 powers(A/C.3/L.1880), approved by Third Committee on 25 November1971, meeting 1883, by recorded vote of 74 to 12, with 27abstentions, as follows:

In favour: Afghanistan, Albania, Algeria, Bahrain, Bolivia,Botswana, Bulgaria, Burma, Burundi, Byelorussian SSR, Cam-eroon, Central African Republic, Ceylon, Chad, Chile, China,Congo, Cuba, Cyprus, Czechoslovakia, Dominican Republic,Ecuador, Egypt, El Salvador, Ghana, Greece, Guatemala,Guinea, Guyana, Hungary, India, Indonesia, Iran, Iraq, IvoryCoast, Jordan, Kenya, Kuwait, Lebanon, Libyan Arab Republic,Malaysia, Mali, Mauritania, Mexico, Mongolia, Morocco, Nepal,Niger, Nigeria, Pakistan, People's Democratic Republic ofYemen, Peru, Poland, Qatar, Romania, Rwanda, Saudi Arabia,Senegal, Sierra Leone, Singapore, Somalia, Sudan, Syrian ArabRepublic, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda,Ukrainian SSR, USSR, United Republic of Tanzania, Yemen,Yugoslavia, Zambia.

Against: Australia, Belgium, France, Israel, Italy, Luxembourg,Netherlands, New Zealand, Nicaragua, Portugal, United King-dom, United States.

Abstaining: Argentina, Austria, Barbados, Brazil, Canada,Colombia, Costa Rica, Dahomey, Denmark, Ethiopia, Finland,Gambia, Ireland, Jamaica, Japan, Laos, Lesotho, Liberia,Madagascar, Malawi, Norway, Panama, Philippines, Spain,Sweden, Uruguay, Venezuela.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII D.

A/C.3/L.1877 and Rev.1. Iraq: amendments and revised amend-ments to draft resolution recommended by Economic and SocialCouncil in A/8331.

A/C.3/L.1878. Syrian Arab Republic: amendment to draft resolu-tion recommended by Economic and Social Council in A/8331.

A/C.3/L.1879. Afghanistan: amendment to draft resolution recom-mended by Economic and Social Council in A/8331.

A/C.3/L.1880. Barbados, Congo, Guyana, Jamaica, Kenya,Mauritania, Nigeria, Sierra Leone, Somalia, Uganda, UnitedRepublic of Tanzania, Zambia: amendment to draft resolutionrecommended by Economic and Social Council in A/8331.

A/C.3/L.1881 and Rev.1. United States: amendments and revisedamendments to draft resolution recommended by Economic andSocial Council in A/8331.

A/C.3/L.1882. Algeria, Guinea, Libyan Arab Republic, Mali,Mauritania, Tunisia: amendments to draft resolution recom-mended by Economic and Social Council in A/8331.

A/C.3/L.1886 and Rev.1. Pakistan: amendments and revisedamendments to draft resolution recommended by Economic andSocial Council in A/8331.

A/C.3/L.1888. Barbados and Uganda: sub-amendments to6-power amendments, A/C.3/L.1882.

A/C.3/L.1889. Barbados and Uganda: sub-amendment to Iraqirevised amendment, A/C.3/L.1877/Rev.1.

A/C.3/L.1893. India: sub-amendments to Pakistani revisedamendments, A/C.3/L.1886/Rev.1.

A/C.3/L.1901. Text of draft resolution adopted by Third Committeeon 25 November 1971, meeting 1883.



In favour: Afghanistan, Albania, Algeria, Bahrain, Botswana,Bulgaria, Burma, Burundi, Byelorussian SSR, Cameroon,Central African Republic, Ceylon, Chad, Chile, China, Congo,Cuba, Cyprus, Czechoslovakia, Ecuador, Egypt, EquatorialGuinea, Ethiopia, Gabon, Ghana, Greece, Guatemala, Guinea,Guyana, Honduras, Hungary, India, Indonesia, Iran, Iraq, IvoryCoast, Jordan, Kenya, Kuwait, Lebanon, Libyan Arab Republic,Malaysia, Mali, Malta, Mauritania, Mexico, Mongolia, Morocco,Nepal, Niger, Nigeria, Oman, Pakistan, People's DemocraticRepublic of Yemen, Peru, Poland, Qatar, Romania, Rwanda,Saudi Arabia, Senegal, Sierra Leone, Singapore, Somalia,Sudan, Syrian Arab Republic, Togo, Tunisia, Turkey, Uganda,Ukrainian SSR, USSR, United Republic of Tanzania, Yemen,Yugoslavia, Zambia.

Against: Australia, Belgium, France, Israel, Luxembourg,Netherlands, New Zealand, Portugal, United Kingdom, UnitedStates.

Abstaining: Argentina, Austria, Barbados, Brazil, Canada,Colombia, Costa Rica, Dahomey, Denmark, Dominican Repub-lic, Finland, Gambia, Iceland, Ireland, Italy, Jamaica, Japan,Laos, Lesotho, Liberia, Madagascar, Malawi, Nicaragua, Nor-way, Panama, Paraguay, Philippines, Spain, Swaziland, Swe-den, Thailand, Uruguay, Venezuela.

The General Assembly,Reaffirming its resolutions 1514(XV) of 14 December 1960,

1803(XVII) of 14 December 1962, 1904(XVIII) of 20 November1963, 2200(XXI) of 16 December 1966, 2535 B (XXIV) of 10December 1969, 2625(XXV) of 24 October 1970,2649(XXV) of 30November 1970 and 2672C(XXV) of 8 December 1970 andresolution VIII adopted by the International Conference on HumanRights held at Teheran in 1968,

Solemnly reaffirming that the subjection of peoples to aliensubjugation, domination and colonial exploitation is a violation ofthe principle of self-determination as well as a denial of basichuman rights and is contrary to the Charter of the United Nations,

Concerned that many peoples continue to be denied the right toself-determination and are living under conditions of colonial andforeign domination,

Expressing concern that some countries, notably Portugal, withthe support of their North Atlantic Treaty Organization allies, arewaging war against the national liberation movement of thecolonies and against certain independent States of Africa and Asiaand the developing countries,

Confirming that colonialism in all its forms and manifestations,including the methods of neo-colonialism, constitutes a grossencroachment on the rights of peoples and on the basic humanrights and freedoms,

Convinced that effective application of the principle of self-deter-mination of peoples is of paramount importance for the promotionof friendly relations between countries and peoples, the guaranteeof human rights and the maintenance of peace in the world,

Affirming that the future of Zimbabwe cannot be negotiated withan illegal régime and that any settlement must be made on thebasis of "no independence before majority rule,"

Reaffirming the inalienable rights of all peoples, and in particular


those of Zimbabwe, Namibia, Angola, Mozambique and Guinea(Bissau) and the Palestinian people, to freedom, equality andself-determination, and the legitimacy of their struggles to restorethose rights,

Reaffirming the Declaration on Principles of International Lawconcerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations, whichelaborated the principle of self-determination of peoples,

Considering that the establishment of a sovereign andindependent State freely determined by all the people belonging tothe territory constitutes a mode of implementing the right ofself-determination,

Further considering that any attempt aimed at the partial or totaldisruption of the national unity and territorial integrity of a Stateestablished in accordance with the right of self-determination of itspeople is incompatible with the purposes and principles of theCharter,

Mindful that interference in the internal affairs of States is aviolation of the Charter and can pose a serious threat to themaintenance of peace,

1. Confirms the legality of the peoples' struggle for self-deter-mination and liberation from colonial and foreign domination andalien subjugation, notably in southern Africa and in particular thatof the peoples of Zimbabwe, Namibia, Angola, Mozambique andGuinea (Bissau), as well as of the Palestinian people, by allavailable means consistent with the Charter of the United Nations;

2. Affirms man's basic human right to fight for the self-determi-nation of his people under colonial and foreign domination;

3. Calls upon all States dedicated to the ideals of freedom andpeace to give all their political, moral and material assistance topeoples struggling for liberation, self-determination and indepen-dence against colonial and alien domination;

4. Believes that the main objectives and principles ofinternational protection of human rights cannot be effectivelyimplemented while some States, particularly Portugal and South

Africa, pursue the imperialist policy of colonialism, use forceagainst independent African States and developing countries andpeoples fighting for self-determination and support régimes thatare applying the criminal policy of racism and apartheid;

5. Condemns the colonial and usurping Powers that aresuppressing the right of peoples to self-determination andhampering the liquidation of the last hotbeds of colonialism andracism in the African and Asian continents and in other parts of theworld;

6. Condemns the policy of certain States members of theNorth Atlantic Treaty Organization that contribute to the creation insouthern Africa of a military-industrial complex whose aim is tosuppress the movement of peoples struggling for self-determina-tion, and to interfere in the affairs of independent African States;

7. Recalls that it is the duty of every State to contribute throughjoint and independent action to the implementation of the principleof self-determination, in accordance with the provisions of theCharter, and to assist the United Nations in discharging theresponsibilities vested in it by the Charter for the implementation ofthis principle;

8. Urges the Security Council as well as States Members ofthe United Nations or members of specialized agencies to takeeffective steps to ensure the implementation of the relevant UnitedNations resolutions on the elimination of colonialism and racism,and to report to the General Assembly at its twenty-seventhsession;

9. Resolves to devote constant attention to the question offlagrant large-scale violations of human rights and fundamentalfreedoms resulting from the denial to peoples under colonial andforeign domination of their right to self-determination;

10. Calls upon all States to observe the principles of thesovereign equality of States, non-interference in the internal affairsof other States and respect for their sovereign rights and territorialintegrity.

Human rights in armed conflicts

Respect for human rights in armed conflictsIn response to a General Assembly request of 9

December 1970,11 the Secretary-General submit-ted to the Assembly in 1971 a report on respect forhuman rights in armed conflicts.

The report included: a brief survey of the originand nature of United Nations concern with thequestion of human rights in armed conflicts; asummary of the work of the Conference ofGovernment Experts on the Reaffirmation andDevelopment of International Humanitarian LawApplicable in Armed Conflicts, convened inMay-June 1971 by the International Committee ofthe Red Cross (ICRC); and information on otherrelevant developments relating to the protectionof human rights in armed conflicts.

Among the questions discussed at the Confer-ence of Government Experts were the following:protection of civilians; protection of combatants ininternational armed conflicts; prohibition andlimitation of certain methods and means ofwarfare; non-international armed conflicts; guer-rilla warfare; protection of civilians and combat-ants in conflicts arising from the struggles ofpeoples under colonial and foreign rule forliberation and self-determination; protection ofthe wounded and sick; protection of journalists

engaged in dangerous missions; internationalassistance in, and supervision of, humanitarianrules relating to armed conflicts; and betterapplication and reaffirmation of humanitarianinternational conventions and rules.

The Assembly also had before it comments byGovernments on the 1969 and 1970 reports of theSecretary-General on respect for human rights inarmed conflicts.

On 20 December 1971, the General Assemblyadopted two resolutions concerning respect forhuman rights in armed conflicts.

By the preamble to the first resolution(2852(XXVI)), the Assembly among other things:reaffirmed its determination to continue all effortsto eliminate the threat or use of force ininternational relations, in conformity with theUnited Nations Charter, and to bring aboutgeneral and complete disarmament under effec-tive international control; reaffirmed its desire tosecure full observance of human rights applicablein all armed conflicts pending the earliest possibletermination of such conflicts; and reaffirmed that,in order effectively to guarantee human rights, allStates should devote their efforts to averting the

11 See Y.U.N., 1970, pp. 540-41, text of resolution 2677(XXV).

Human rights Questions 425

unleashing of aggressive wars and armed conflictsthat violated the Charter and the provisions of theDeclaration on Principles of International Lawconcerning Friendly Relations and Co-operationamong States in accordance with the Charter ofthe United Nations.12

The Assembly also: expressed its deep concernover the terrible suffering that armed conflictscontinued to inflict on combatants and civilians,particularly through the use of cruel means andmethods of warfare and through inadequaterestraints in defining military objectives; andnoted that current disarmament negotiations didnot deal with the question of prohibiting orrestricting certain cruel methods of warfare, suchas napalm, or methods that indiscriminatelyaffected civilians and combatants.

The Assembly welcomed the decision of ICRC toconvene in 1972 a second session of the Confer-ence of Government Experts on the Reaffirmationand Development of International HumanitarianLaw Applicable in Armed Conflicts, and stressedthe importance of further close co-operationbetween the United Nations and ICRC.

By the operative paragraphs of the resolution,the Assembly among other things called againupon all parties to any armed conflict to observethe rules laid down in the Hague Conventions of1899 and 1907, the Geneva Protocol of 1925, theGeneva Conventions of 1949 and other humanita-rian rules applicable in armed conflicts, andinvited those States which had not yet done so toadhere to those instruments.

It reaffirmed that persons participating inresistance movements and freedom fighters insouthern Africa and in territories under colonialand alien domination and foreign occupation whowere struggling for their liberation and self-deter-mination should, in case of arrest, be treated asprisoners of war in accordance with the principlesof the Hague Convention of 1907 and the GenevaConventions of 1949.

The International Committee of the Red Cross(ICRC) was invited to continue the work that wasbegun with the assistance of government expertsin 1971, and, taking into account all relevantUnited Nations resolutions on human rights inarmed conflicts, to devote special attention to: theneed to ensure better application of existing rulesrelating to armed conflicts; the need for areaffirmation and development of relevant rules,as well as other measures to improve the protec-tion of the civilian population during armedconflicts, including legal restraints and restrictionson certain methods of warfare and weapons thathad proved particularly perilous to civilians; theneed to evolve norms designed to increase theprotection of persons struggling against colonialand alien domination, foreign occupation and

racist régimes; the need for development of therules concerning the status, protection and hu-mane treatment of combatants in internationaland non-international armed conflicts and thequestion of guerrilla warfare; and the need foradditional rules regarding the protection of thewounded and sick.

The Assembly called upon all States to dissemi-nate widely information on, and to provideinstruction concerning, human rights in armedconflicts and to take all necessary measures toensure full observance by their own armed forcesof humanitarian rules applicable in armedconflicts.

The Secretary-General was requested to pre-pare as soon as possible, with the help of qualifiedgovernmental consultant experts, a report onnapalm and other incendiary weapons and allaspects of their possible use.

The Assembly also asked the Secretary-Generalto encourage the study and teaching of principlesof respect for human rights applicable to armedconflicts by the means at his disposal, and to reportto the General Assembly at its 1972 session on theresults of the second session of the Conference ofGovernment Experts and any other relevantdevelopments.

The Assembly decided to consider the questionof human rights in armed conflict in all its aspectsagain at its 1972 session.


Resolution 2852(XXVI) was adopted by a voteof 110 to 1, with 5 abstentions, on the recommen-dation of the Assembly's Third (Social, Humanita-rian and Cultural) Committee, which approvedthe text on 7 December 1971 by a vote of 88 to 1,with 5 abstentions.

The draft approved by the Third Committeewas based on a proposal sponsored by 12States—Austria, Chile, Ecuador, Egypt, Ireland,Kenya, Mexico, Morocco, Norway, Peru, Swedenand Yugoslavia—as amended by the ByelorussianSSR and jointly by nine powers: Algeria, Ghana,Guinea, Mali, Mauritania, Sierra Leone, Tunisia,the United Republic of Tanzania, and Zambia.

Among the amendments approved by theCommittee were: amendments by the Byelorus-sian SSR adding the preambular paragraphreferring to the need to avert aggressive wars, andadding an operative provision asking the ICRC todevote special attention to the need to evolvenorms to increase the protection of personsstruggling against colonial, foreign and racistregimes; and an amendment by the nine powersadding the operative paragraph concerning the

12 See Y.U.N., 1970, pp. 788-92, resolution 2625(XXV) of 24 October

1970, containing text of Declaration.


treatment of freedom fighters in southern Africa.The Committee rejected an amendment by the

Byelorussian SSR to delete the provision calling onthe Secretary-General to use qualified governmen-tal experts in preparing the napalm report.

Also on 20 December 1971, the Assemblyadopted resolution 2853(XXVI) concerning hu-man rights in cases of armed conflict.

By the preambular paragraphs, the Assemblyamong other things: emphasized that effectiveprotection for human rights in situations of armedconflict depended primarily on universal respectfor humanitarian rules; recognized that thehumanitarian rules which existed did not in allrespects meet the need of contemporary situationsand that it was necessary to strengthen anddevelop them; and affirmed that the successfuldevelopment of humanitarian rules applicable inarmed conflicts required the negotiation of instru-ments which could be effectively implemented andcould command the widest possible support.

By the operative paragraphs of the resolution,the Assembly among other things reiterated itscalls upon all parties to any armed conflict toobserve the rules laid down in the HagueConventions of 1899 and 1907, the GenevaProtocol of 1925, the Geneva Conventions of 1949and other humanitarian rules applicable in armedconflicts, and invited those States which had notyet done so to adhere to those instruments.

The Assembly welcomed the progress made bythe 1971 Conference of Government Expertsconvened by ICRC with regard to the followingquestions: protection of the wounded and sick;protection of victims of non-international armedconflicts; rules applicable in guerrilla warfare;protection of the civilian population againstdangers of hostilities; strengthening of the guar-antees afforded by international humanitarian lawfor non-military civil defence organizations; rulesrelative to the behaviour of combatants; andmeasures intended to reinforce the implementa-tion in armed conflicts of existing internationalhumanitarian law.

The Assembly expressed the hope that thesecond session of the Conference of GovernmentExperts would make recommendations for thefurther development of international humanitari-an law in this field—including, as appropriate,draft protocols to the 1949 Geneva Conventions—for subsequent consideration at one or moreplenipotentiary diplomatic conferences.

The Assembly called upon States parties to theexisting international agreements to review as amatter of priority any reservations they mighthave made to those instruments.


Resolution 2853(XXVI) was adopted by a vote

of 83 to 15, with 14 abstentions, as recommendedby the Third Committee. The Third Committeeapproved, on 7 December 1971, a text proposedby Japan, New Zealand and the United Kingdom,by a roll-call vote of 54 to 18, with 26 abstentions.

The Committee rejected several amendments tothe draft which were sponsored by Bulgaria andthe Ukrainian SSR.

Preliminary draft conventionon protection of journalists

By a decision of 9 December 1970, the GeneralAssembly invited the Economic and Social Councilto request the Commission on Human Rights tostudy the possibility of preparing a draft interna-tional agreement ensuring the protection ofjournalists engaged in dangerous missions andproviding, among other things, for the creation ofa universally recognized and guaranteed iden-tification document. In so doing, the Assemblyrecognized that, although certain types of protec-tion were granted to journalists under the GenevaConventions of 1949, the provisions did not coversome categories of journalists engaged in danger-ous missions and did not correspond to theircurrent needs.13

The Commission on Human Rights consideredthe question at its 1971 session (22 February-26March), at which it had before it a preliminarydraft international convention on the protection ofjournalists engaged in dangerous missions, sub-mitted by Austria, Finland, France, Iran, Turkeyand Uruguay.

The Commission adopted a resolution by which,among other things, it: (a) expressed its convictionof the urgent need to examine the question, bothon humanitarian grounds and in order to enablejournalists to seek, receive and impart informationfully, objectively and faithfully; (b) noted that ithad not had sufficient time to examine in detail thepreliminary draft international convention onprotection of journalists engaged in dangerousmissions; (c) recommended that the Economic andSocial Council consider and transmit the prelimi-nary draft convention to the General Assembly atits 1971 session; and (d) requested the Secretary-General to solicit the observations of Governmentson the draft convention and to establish a workinggroup of experts to consider various aspects of thequestion.

On 21 May 1971, the Economic and SocialCouncil, taking note of that resolution of theCommission on Human Rights, decided to trans-mit the preliminary draft international conventionto the General Assembly.

The Council took this decision in adopting, by avote of 21 to 0, with 3 abstentions, resolution

13

See Y.U.N., 1970, pp. 541-42, text of resolution 2673(XXV).


1597(L), to which the preliminary draft conven-tion was annexed. The text of the resolution,based on a proposal of France, Madagascar,Tunisia and Uruguay, had been recommendedand approved by the Social Committee on 18 May1971 by a vote of 22 to 0, with 3 abstentions.


At its 1971 session, the General Assembly hadbefore it a report by the Secretary-Generalcontaining, among other things, Governmentcomments on the draft text of the convention onthe protection of journalists engaged in dangerousmissions in areas of armed conflict.

Also before the Assembly was the report of theWorking Group of Experts established by theSecretary-General in accordance with the requestof the Human Rights Commission; the reportcontained a draft protocol concerning the Interna-tional Professional Committee to be establishedpursuant to the provisions of the draft internation-al convention for the protection of journalistsengaged in dangerous missions.

Also, the Assembly had before it another draftconvention and a working paper on the draftconvention on protection of journalists, submittedby Australia and the United States, respectively.

On 20 December 1971, the General Assemblyexpressed its belief that it was necessary to adopt aconvention providing for the protection of jour-nalists engaged in dangerous missions in areas ofarmed conflict. It invited the Economic and SocialCouncil to ask the Human Rights Commission toconsider, as a matter of priority at its 1972 session,the draft conventions and all other relateddocuments which had been submitted.

The Assembly further asked the Commission to

send its report to the 1972 session of theConference of Government Experts on theReaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts,so that the International Committee of the RedCross might submit observations to the GeneralAssembly.

Finally, the Assembly invited Governments totransmit their observations on that part of theCommission's report dealing with the question,and requested the Secretary-General to submit tothe General Assembly the replies received and ananalytic report on them. It decided to examine thequestion as a matter of the highest priority at its1972 session.


These decisions of the Assembly were set forthin resolution 2854(XXVI), which was adopted by avote of 96 to 2, with 20 abstentions, as recom-mended by the Third Committee.

The Committee approved the text on 7 Decem-ber 1971 by a vote of 79 to 1, with 19 abstentions.The text was based on a proposal sponsored byAustria, Finland, France, Iran, Madagascar, Sene-gal, Tunisia, Turkey and Uruguay; it incorporatedcertain amendments sponsored jointly by Argen-tina, Brazil, Canada, Costa Rica, Ecuador, Guate-mala, Nicaragua, Nigeria, Panama, Venezuela,and Zambia.

Separate votes were taken on several provisions,including a roll-call vote on the provision whichcalled for the Assembly to consider the question ofthe protection of journalists engaged in dangerousmissions "as a matter of the highest priority" in1972. The words were retained by a vote of 37 to6, with 59 abstentions.


Respect for human rightsin armed conflicts

General Assembly—26th sessionThird Committee, meetings 1885-1887, 1889-1898.Fifth Committee, meeting 1486.Plenary meeting 2027.

A/8313 and Add.1-3. Comments by Governments on reports ofSecretary-General. Note by Secretary-General.

A/8370 and Add.1. Report of Secretary-General.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 10.A/C.3/L.1896. Chile, Egypt, Kenya, Mexico, Sweden, Yugoslavia:

draft resolution.A/C.3/L.1896/Rev.1. Chile, Ecuador, Egypt, Ireland, Kenya,

Mexico, Morocco, Peru, Sweden, Yugoslavia: revised draftresolution.

A/C.3/L.1896/Rev.2. Revised draft resolution, sponsored byabove 10 powers and by Austria and Norway, as amended byByelorussian SSR (A/C.3/L.1914/Rev.1, paras. 1 and 2) and by9 powers (A/C.3/L.1911, as orally sub-amended), approved byThird Committee on 7 December 1971, meeting 1898, by 88votes to 1, with 5 abstentions.

A/C.3/L.1910. Syrian Arab Republic: amendment to 10-powerrevised draft resolution, A/C.3/L.1896/Rev.1.

A/C.3/L.1911. Algeria, Ghana, Guinea, Mali, Mauritania, SierraLeone, Tunisia, United Republic of Tanzania, Zambia: amend-ment to 10-power revised draft resolution, A/C.3/L.1896/Rev.1.

A/C.3/L.1912. Greece: amendment to 10-power revised draftresolution, A/C.3/L.1896/Rev.1.

A/C.3/L.1913. Austria: amendment to 10-power revised draftresolution, A/C.3/L.1896/Rev.1.

A/C.3/L.1914. Byelorussian SSR: amendment to 10-powerrevised draft resolution, A/C.3/L.1896/Rev.1.

A/C.3/L.1914/Rev.1. Byelorussian SSR: revised amendment to12-power revised draft resolution, A/C.3/L.1896/Rev.2.

A/C.3/L.1916. Administrative and financial implications of 10-pow-er revised draft resolution, A/C.3/L.1896/Rev.1. Statement bySecretary-General.

A/C.5/1420, A/8612. Administrative and financial implications ofdraft resolution I recommended by Third Committee in A/8589.Reports of Secretary-General and Fifth Committee.

A/8589. Report of Third Committee, draft resolution I.



The General Assembly,Reaffirming its determination to continue all efforts to eliminate

the threat or use of force in international relations, in conformitywith the Charter of the United Nations, and to bring about generaland complete disarmament under effective international control,and reaffirming its desire to secure full observance of human rightsapplicable in all armed conflicts pending the earliest possibletermination of such conflicts,

Reaffirming that, in order effectively to guarantee human rights,all States should devote their efforts to averting the unleashing ofaggressive wars and armed conflicts that violate the Charter andthe provisions of the Declaration on Principles of International Lawconcerning Friendly Relations and Co-operation among States inaccordance with the Charter of the United Nations,

Recalling the successive resolutions that have been adopted bythe United Nations relating to human rights in armed conflicts, inparticular General Assembly resolutions 2652(XXV) of 3 Decem-ber 1970, 2674(XXV) and 2678(XXV) of 9 December 1970 and2707(XXV) of 14 December 1970, and taking into account relevantresolutions of international conferences of the Red Cross,

Deeply concerned over the terrible suffering that armed conflictscontinue to inflict upon combatants and civilians, particularlythrough the use of cruel means and methods of warfare andthrough inadequate restraints in defining military objectives,

Desiring to ensure the effective application of all existing rulesrelating to human rights in armed conflicts, as well as thedevelopment of these rules, and aware that progress in this regardwill depend upon the political readiness and willingness of MemberStates,

Conscious that, although negotiations are going on in the field ofdisarmament concerning general and complete disarmament andthe limitation and elimination of nuclear, biological and chemicalweapons, those deliberations do not deal with the question ofprohibiting or restricting the use of other methods of warfare thatare cruel, such as napalm, or that indiscriminately affect civiliansand combatants,

Noting the comments by Governments on the reports of theSecretary-General on respect for human rights in armed conflicts,

Noting with appreciation the report of the Secretary-General onthe comprehensive discussions undertaken at the first session ofthe Conference of Government Experts on the Reaffirmation andDevelopment of International Humanitarian Law Applicable inArmed Conflicts, which was held at Geneva from 24 May to 12June 1971 at the invitation of the International Committee of theRed Cross,

Having taken cognizance of the report prepared by theInternational Committee of the Red Cross on the work of theConference of Government Experts,

Welcoming the decision of the International Committee of theRed Cross to convene in 1972 a second session of the Conferenceof Government Experts with broader participation to include all theStates parlies to the Geneva Conventions of 1949 and to circulatein advance of that session a series of draft protocols,

Stressing the importance of further close co-operation betweenthe United Nations and the International Committee of the RedCross,

Determined to continue its efforts to achieve better application ofexisting rules relating to armed conflicts, as well as thereaffirmation and development of these rules,

1. Calls again upon all parties to any armed conflict to observethe rules laid down in the Hague Conventions of 1899 and 1907,the Geneva Protocol of 1925, the Geneva Conventions of 1949and other humanitarian rules applicable in armed conflicts, andinvites those States which have not yet done so to adhere to thoseinstruments;

2. Reaffirms that persons participating in resistance move-ments and freedom fighters in southern Africa and in territoriesunder colonial and alien domination and foreign occupation whoare struggling for their liberation and self-determination should, incase of arrest, be treated as prisoners of war in accordance withthe principles of the Hague Convention of 1907 and the GenevaConventions of 1949;

3. Invites the International Committee of the Red Cross to

continue the work that was begun with the assistance ofgovernment experts in 1971 and, taking into account all relevantUnited Nations resolutions on human rights in armed conflicts, todevote special attention, among the questions to be taken up, tothe following:

(a) The need to ensure better application of existing rulesrelating to armed conflicts, particularly the Hague Conventions of1899 and 1907, the Geneva Protocol of 1925 and the GenevaConventions of 1949, including the need for strengthening thesystem of protecting Powers contained in such instruments;

(b) The need for a reaffirmation and development of relevantrules, as well as other measures to improve the protection of thecivilian population during armed conflicts, including legal restraintsand restrictions on certain methods of warfare and weapons thathave proved particularly perilous to civilians, and also arrange-ments for humanitarian relief;

(c) The need to evolve norms designed to increase theprotection of persons struggling against colonial and aliendomination, foreign occupation and racist régimes;

(d) The need for development of the rules concerning thestatus, protection and humane treatment of combatants ininternational and non-international armed conflicts and thequestion of guerrilla warfare;

(e) The need for additional rules regarding the protection of thewounded and the sick;

4. Expresses the hope that the second session of theConference of Government Experts on the Reaffirmation andDevelopment of International Humanitarian Law Applicable inArmed Conflicts will result in specific conclusions and recommen-dations for action at the government level;

5. Requests the Secretary-General, in line with paragraph 126of his report on respect for human rights in armed conflictssubmitted to the General Assembly at its twenty-fifth session, toprepare as soon as possible, with the help of qualifiedgovernmental consultant experts, a report on napalm and otherincendiary weapons and all aspects of their possible use;

6. Further calls upon all States to disseminate widelyinformation and to provide instruction concerning human rights inarmed conflicts and to take all the necessary measures to ensurefull observance by their own armed forces of humanitarian rulesapplicable in armed conflicts;

7. Requests the Secretary-General to encourage the studyand teaching of principles of respect for human rights applicable inarmed conflicts by the means at his disposal;

8. Requests the Secretary-General to report to the GeneralAssembly at its twenty-seventh session on the results of thesecond session of the Conference of Government Experts and anyother relevant developments;

9. Decides to include in the provisional agenda of itstwenty-seventh session an item entitled "Human rights in armedconflicts" and to consider it in all its aspects.

A/C.3/L.1895 and Rev.1. Japan, New Zealand, United Kingdom:draft resolution and revision, as further orally amended bysponsors, approved by Third Committee on 7 December 1971,meeting 1898, by roll-call vote of 54 to 18, with 26 abstentions,as follows:

In favour: Argentina, Australia, Austria, Barbados, Belgium,Brazil, Canada, Colombia, Costa Rica, Cyprus, Denmark,Dominican Republic, Ethiopia, Finland, France, Ghana, Greece,Guatemala, Guyana, India, Indonesia, Iran, Ireland, Israel, Italy,Ivory Coast Jamaica, Japan, Kenya, Khmer Republic, Liberia,Madagascar, Malaysia, Netherlands, New Zealand, Nicaragua,Niger, Nigeria, Norway, Panama, Philippines, Portugal, Rwan-da, Singapore, Spain, Swaziland, Thailand, Turkey, UnitedKingdom, United States, Uruguay, Venezuela, Zaire, Zambia.

Against: Algeria, Bulgaria, Byelorussian SSR, Chile, Cuba,Czechoslovakia, Ecuador, Guinea, Hungary, Iraq, Mexico,Mongolia, Morocco, Poland, Romania, Syrian Arab Republic,Ukrainian SSR, USSR.

Abstaining: Afghanistan, Burma, Burundi, Cameroon, CentralAfrican Republic, Congo, Dahomey, Egypt, Iceland, Kuwait,


Libyan Arab Republic, Mali, Mauritania, People's DemocraticRepublic of Yemen, Peru, Saudi Arabia, Sierra Leone, Somalia,Sudan, Sweden, Togo, Tunisia, Uganda, United Republic ofTanzania, Yemen, Yugoslavia.

A/C.3/L.1915. Bulgaria and Ukrainian SSR: amendments to3-power revised draft resolution, A/C.3/L.1895/Rev.1.

A/8589. Report of Third Committee, draft resolution II.


The General Assembly,Recalling its resolutions 2674(XXV), 2675(XXV), 2676(XXV)

and 2677(XXV) of 9 December 1970,Noting also that the twenty-first International Conference of the

Red Cross, held at Istanbul in 1969, adopted resolution XIIIconcerning the reaffirmation and development of the laws andcustoms applicable in armed conflicts,

Noting with appreciation the report of the Secretary-General onrespect for human rights in armed conflicts, concerning inparticular the results of the first session of the Conference ofGovernment Experts on the Reaffirmation and Development ofInternational Humanitarian Law Applicable in Armed Conflicts,which was held at Geneva from 24 May to 12 June 1971 at theinvitation of the International Committee of the Red Cross, as wellas the report of the International Committee on the work of theConference,

Emphasizing that effective protection for human rights insituations of armed conflict depends primarily on universal respectfor humanitarian rules,

Recognizing that existing humanitarian rules relating to armedconflicts do not in all respects meet the need of contemporarysituations and that it is therefore necessary to strengthen theprocedure for implementing these rules and to develop theirsubstance,

Welcoming the decision of the International Committee of theRed Cross to convene a second session of the Conference ofGovernment Experts with the task of reaching agreement on thewording of various texts to facilitate discussion at a futurediplomatic conference, and noting that all States parties to theGeneva Conventions of 1949 have been invited to participate,

Affirming that the successful development of humanitarian rulesapplicable in armed conflicts requires the negotiation of instru-ments which can be effectively implemented and which commandthe widest possible support,

Emphasizing the importance of continued close collaborationbetween the United Nations and the International Committee of theRed Cross,

1. Reiterates its call upon all parties to any armed conflict toobserve the rules laid down in the Hague Conventions of 1899 and1907, the Geneva Protocol of 1925, the Geneva Conventions of1949 and other humanitarian rules applicable in armed conflicts,and invites those States which have not yet done so to adhere tothose instruments;

2. We/comes the progress made by the Conference ofGovernment Experts on the Reaffirmation and Development ofInternational Humanitarian Law Applicable in Armed Conflicts, asshown in its report, with regard to the following questions:

(a) Protection of the wounded and the sick;(b) Protection of victims of non-international armed conflicts;(c) Rules applicable in guerrilla warfare;(d) Protection of civilian population against dangers of

hostilities;(e) Strengthening of the guarantees afforded by international

humanitarian law for non-military civil defence organizations;(f) Rules relative to the behaviour of combatants;(g) Measures intended to reinforce the implementation, in

armed conflicts, of existing international humanitarian law;3. Expresses the hope that the second session of the

Conference of Government Experts will make recommendationsfor the further development of international humanitarian law in this

field including, as appropriate, draft protocols to the GenevaConventions of 1949, for subsequent consideration at one or moreplenipotentiary diplomatic conferences;

4. Calls upon States parties to the existing internationalinstruments to review, as a matter of priority, any reservations theymay have made to those instruments;

5. Requests the Secretary-General:(a) To transmit his latest report, together with any further

observations received from Governments as well as the records ofrelevant discussions and resolutions of the General Assembly, tothe International Committee of the Red Cross for consideration, asappropriate, by the Conference of Government Experts at itssecond session;

(b) To report to the General Assembly at its twenty-seventhsession on the progress made in the implementation of the presentresolution;

6. Decides to consider this question again, in all its aspects, atits twenty-seventh session.

Preliminary draft conventionon protection of journalists


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters IX and XIX(resolution 15(XXVII)).


E/AC.7/L.597. France, Madagascar, Tunisia, Uruguay: draftresolution, approved by Social Committee on 18 May 1971,meeting 678, by 22 votes to 0, with 3 abstentions.

E/5032. Report of Social Committee, draft resolution XI.


The Economic and Social Council,Recalling General Assembly resolution 2673(XXV) of 9 Decem-

ber 1970 in which it invited the Economic and Social Council torequest the Commission on Human Rights to study the possibilityof preparing a draft international agreement ensuring theprotection of journalists engaged in dangerous missions andproviding, inter alia, for the creation of a universally recognized andguaranteed identification document,

Having taken cognizance with interest of the preliminary draftinternational convention on the protection of journalists engaged indangerous missions which was transmitted to it by the Commis-sion on Human Rights,

Noting that the Commission on Human Rights, in its resolution15(XXVII), recommended to the Economic and Social Council thatit consider and transmit to the General Assembly the preliminarydraft international convention on the protection of journalistsengaged in dangerous missions, together with the relevant recordsof the discussions held in the Commission and in the Council, as avalid basis for discussion on this subject by the General Assemblyat its twenty-sixth session,

Noting also that, in the same resolution, the Commissionrequested the Secretary-General to communicate the preliminarydraft convention together with the same documentation to theGovernments of the States mentioned in the resolution as well asto the Intergovernmental Conference of Experts of the Internation-al Committee of the Red Cross to be held in May 1971 so that theGeneral Assembly may have their observations before it at itstwenty-sixth session,

Noting further that the Commission requested the Secretary-General to establish a group of experts for the purpose ofpreparing a draft protocol, annexed to the draft convention,prescribing the composition, duties and methods of the Internation-


al Professional Committee provided for in article 3 of thepreliminary draft convention,

Recalling further that the General Assembly decided to give thehighest priority to the consideration of this question at itstwenty-sixth session,

Decides to transmit to the General Assembly the preliminarydraft international convention on the protection of journalistsengaged in dangerous missions contained in the annex to thepresent resolution, as well as the relevant records of theCommission on Human Rights and of the Economic and SocialCouncil, as a valid basis for the discussions of the GeneralAssembly at its twenty-sixth session.

ANNEX

Preliminary Draft International Convention on the Protectionof Journalists Engaged in Dangerous Missions

The High Contracting Parties,Considering that the Universal Declaration of Human Rights has

proclaimed in its article 19 the right of everyone to freedom ofopinion and expression, including freedom to seek, receive andimpart information through any media and regardless of frontiers,

Considering that it is important to promote the right to complete,objective and truthful information,

Considering that the press plays a vital role in that connexion,Considering that the quest for information may expose

journalists to dangerous situations when their mission leads themto carry on their activity in areas where there is armed conflict,

Considering that those whose recognized function is to gatherinformation for dissemination through an information organ shouldbe afforded adequate protection in time of armed conflict,

Considering that without prejudice to the application of theGeneva Conventions of 12 August 1949 it is desirable toguarantee for all categories of journalists, in view of thepresent-day requirements of their profession, effective protectionwhen they carry out dangerous missions,

Have agreed on the following provisions:

Article 1This Convention shall apply to journalists who engage in

dangerous missions and who hold the safe-conduct card providedfor in article 3 below.

It shall not apply to war correspondents covered by theprovisions of the Geneva Conventions of 12 August 1949.

Article 2For the purposes of the application of this Convention, the word

"journalist" shall mean any correspondent, reporter, photographer,film cameraman or press technician who has that status by virtueof his country's law or practice, in the case of a State Member ofthe United Nations or member of a specialized agency or of theInternational Atomic Energy Agency or any other State party to theStatute of the International Court of Justice or Party to thisConvention.

The words "dangerous mission" shall mean any mission carriedout in an area where there is an armed conflict, whether or not ofan international character, for the purpose of gathering informationfor dissemination through a medium of public information.

Article 3A journalist who is to carry out a dangerous mission may hold a

safe-conduct card.The said card shall be issued by the International Professional

Committee for the Protection of Journalists Engaged in DangerousMissions, whose composition and functions are defined in aProtocol annexed to this Convention.

Article 4The validity of the safe-conduct card shall be limited to a

specified geographical area and to the expected duration of themission.

It shall certify the status of the journalist and the referenceswhich entitle him to that status within the meaning of article 2

above; it shall, in particular, bear his photograph and state hisname, date and place of birth, habitual residence and nationality.

Article 5Every party to an armed conflict shall recognize the validity of

the safe-conduct cards issued by the International Committee.The Committee shall give wide circulation to the model of the

card and to the distinguishing mark provided for in the followingarticle.

Article 6When engaged in a dangerous mission, a journalist who holds a

safe-conduct card must be able to produce it on any occasion and,in particular, at the request of any competent authority.

A journalist who holds a safe-conduct card may also, at hisdiscretion, wear a readily recognizable distinguishing mark, anexact description of which shall be drawn up by the InternationalCommittee.

Article 7The States Parties to this Convention and all parties to the

conflict shall:(1) Recognize persons holding a safe-conduct card as

journalists within the meaning of the provisions of articles 2, 3 and4 above;

(2) Enable such persons to identify themselves;(3) Extend to them the same protection of their persons as to

their own journalists;(4) Recognize, in case of internment, that the regulations for

the treatment of internees laid down in the Geneva Conventionrelative to the Protection of Civilian Persons in Time of War, of 12August 1949, shall apply;

(5) Make public the internment order;(6) Also make public any information on journalists who have

been wounded or who have died.Such facts may be made public through all appropriate media, in

the quickest and most effective manner and, preferably, throughthe International Committee of the Red Cross or any organ of theUnited Nations family in order that the International ProfessionalCommittee for the Protection of Journalists Engaged in DangerousMissions may be informed without delay.

Article 8The application of this Convention shall have no legal effect on

the situation of the parties to a conflict.

Article 9This Convention shall not affect national regulations concerning

the crossing of frontiers or the movement or residence of aliens.

Article toNone of the provisions of this Convention may be interpreted as

affecting the provisions of the Geneva Conventions of 12 August1949.

General Assembly—26th sessionThird Committee, meetings 1885-1887, 1889-1898.Plenary meeting 2027.

A/8370 and Add.1. Respect for human rights in armed conflicts.Report of Secretary-General, Chapter H.

A/8371 and Add.1,2. Protection of journalists engaged indangerous missions in areas of armed conflict. Report ofSecretary-General. (Annex I: Preliminary draft internationalconvention on protection of journalists engaged in dangerousmissions.)

A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII A.

A/8438. Note by Secretary-General (transmitting report of WorkingGroup established under resolution 15(XXVII) of Commission onHuman Rights. Annex: Draft protocol relating to composition andfunctions of International Professional Committee for protectionof journalists engaged in dangerous missions pursuant to article3 of draft international convention).

A/8438/Add.1. Administrative and financial implications of recom-


mendations of Working Group of Commission on Human Rightsin A/8438. Statement by Secretary-General.

A/C.3/L.1902. Australia: draft convention on protection ofjournalists engaged in dangerous missions in areas of armedconflict.

A/C.3/L.1903. United States: working paper on draft internationalconvention on protection of journalists engaged in dangerousmissions.

A/C.3/L.1904 and Rev.1,2. Austria, Finland, France, Iran,Madagascar, Senegal, Tunisia, Turkey, Uruguay: draft resolu-tion and revisions, as further orally revised by sponsors,approved by Third Committee on 7 December 1971, meeting1898, by 79 votes to 1, with 19 abstentions.

A/C.3/L.1905. Austria, Iran, France, Uruguay: draft of final clausesof preliminary draft international convention on protection ofjournalists engaged in dangerous missions.

A/C.3/L.1919 and Rev.1. Argentina, Brazil, Canada, Costa Rica,Ecuador, Guatemala, Nicaragua, Nigeria, Panama, Venezuela,Zambia: amendments to 9-power draft resolution,A/C.3/L.1904, and revised amendments to 9-power reviseddraft resolution, A/C.3/L.1904/Rev.2.

A/8589. Report of Third Committee, draft resolution III.


The General Assembly,Recalling its resolution 2444(XXIII) of 19 December 1968

concerning, in particular, the studies to be undertaken by theSecretary-General in consultation with the International Committeeof the Red Cross and other appropriate international organizationswith regard, inter alia, to the need for additional humanitarianinternational conventions or for other appropriate legal instrumentsto ensure the better protection of civilians, prisoners andcombatants in all armed conflicts,

Recalling also its resolution 2673(XXV) of 9 December 1970, inwhich it expressed its conviction that there was a need for anadditional humanitarian international instrument to ensure thebetter protection of journalists engaged in dangerous missions,particularly in areas where an armed conflict was taking place,

Being aware that the provisions of the humanitarian conventionsat present in force do not cover some categories of journalistsengaged in dangerous missions and do not correspond to theirpresent needs,

Noting Commission on Human Rights resolution 15(XXVII) of 24March 1971, in which the Commission expressed its convictionthat there was an urgent need to examine the question of theprotection of journalists engaged in dangerous missions, both onhumanitarian grounds and in order to enable journalists with duerespect for the law to seek, receive and impart information fully,objectively and faithfully in the spirit of the purposes and principlesof the Charter of the United Nations and the Universal Declarationof Human Rights concerning freedom of information,

Noting Economic and Social Council resolution 1597(L) of 21May 1971, in which the Council decided to transmit to the GeneralAssembly the preliminary draft international convention on the

protection of journalists engaged in dangerous missions, submit-ted to it by the Commission on Human Rights, as well as therelevant records of the Commission and of the Council, as a validbasis for the discussions of the Assembly at its twenty-sixthsession,

Noting the report of the Secretary-General containing thepreliminary draft international convention on the protection ofjournalists engaged in dangerous missions, the observationsreceived from Governments concerning the preliminary draft andthe observations of the Conference of Government Experts on theReaffirmation and Development of International Humanitarian LawApplicable in Armed Conflicts, which was held at Geneva from 24May to 12 June 1971 at the invitation of the InternationalCommittee of the Red Cross,

Noting with appreciation the report of the Working Groupestablished by the Secretary-General in accordance with Commis-sion on Human Rights resolution 15(XXVII), and the annexed draftprotocol relating to the composition and functions of theInternational Professional Committee for the Protection of Journal-ists Engaged in Dangerous Missions referred to in article 3 of theaforementioned preliminary draft convention,

Having considered the observations submitted by someMember States in accordance with Commission on Human Rightsresolution 15(XXVII) and the observations of the Conference ofGovernment Experts as well as the discussions on the item andthe alternate draft convention submitted during the debate at thetwenty-sixth session of the General Assembly,

1. Believes that it is necessary to adopt a convention providingfor the protection of journalists engaged in dangerous missions inareas of armed conflict;

2. Invites the Economic and Social Council to request theCommission on Human Rights to consider as a matter of priority atits twenty-eighth session the preliminary draft convention con-tained in Council resolution 1597(L), taking into consideration thedraft conventions submitted by Australia and by the United Statesof America, and the observations of Governments, as well as allsubsequent documents including the draft protocol prepared bythe Working Group in accordance with resolution 15(XXVII) of theCommission;

3. Further requests the Commission on Human Rights totransmit its report on its twenty-eighth session to the Conference ofGovernment Experts on the Reaffirmation and Development ofInternational Humanitarian Law Applicable in Armed Conflicts at itssecond session to be convened in 1972 by the InternationalCommittee of the Red Cross, in order that the InternationalCommittee may submit its observations to the General Assemblyat its twenty-seventh session;

4. Invites Governments to transmit their observations on thatpart of the report of the Commission on Human Rights on itstwenty-eighth session relating to this question;

5. Requests the Secretary-General to submit the repliesreceived and an analytic report on those replies to the GeneralAssembly at its twenty-seventh session;

6. Decides to examine this question as a matter of the highestpriority at its twenty-seventh session, taking into consideration therecommendations transmitted to the General Assembly by theEconomic and Social Council.

The status of women

The Commission on the Status of Women did notmeet during 1971, following a decision of theEconomic and Social Council in 1970 that theCommission should meet biennially.14 The twenty-fourth session of the Commission was to be held in1972.

The Secretary-General submitted a report onthe political rights of women to the GeneralAssembly at its 1971 session. The report contained

a summary of information on relevant constitu-tional provisions, electoral laws and other legalinstruments relating to the political rights ofwomen which had become available since theprevious report was issued in 1970, as well as asummary of additonal replies received fromMember States on the implementation of the 1952

14 See Y.U.N., 1970, p. 549.


Convention on the Political Rights of Women.15

Several studies relating to the role of women incommunity, national and international life wereprepared by the Secretary-General during theyear. These included reports on the followingsubjects: the participation of women in communitydevelopment; the condition of women and chil-dren during emergency and armed conflicts in thestruggle for peace, self-determination, nationalliberation and independence; the status of womenin Trust and Non-Self-Governing Territories; andthe status of the unmarried mother—law andpractice. A preliminary report on the status of

women in private law was also issued during 1971.Activities carried out during the year in connex-

ion with the programme of concerted internation-al action for the advancement of women, pro-claimed by the General Assembly in 1970,16

included a regional seminar on the participation ofwomen in economic life, held at Libreville, Gabon.(See also section below on ADVISORY SERVICES INHUMAN RIGHTS.)

15

16

December 1970.


A/8481 and Corr.1. Political rights of women. Report ofSecretary-General.

A/8401. Report of Secretary-General on work of the Organization,16 June 1970-15 June 1971, Part Three, Chapter I B.

The Status of the Unmarried Mother: Law and Practice. Report ofthe Secretary-General. U.N.P. Sales No.: E.71.IV.4.

Participation of Women in Community Development. Report of the

United Nations Secretary-General. U.N.P. Sales No.: E.72.IV.8.ST/TAO/HR/43. Seminar on Participation of Women in Economic

Life (with reference to implementation of article 10 of Declarationon Elimination of Discrimination against Women and of GeneralAssembly resolution 2716(XXV)), Libreville, Gabon, 17 July-9August 1971.

Advisory services in human rights

Under the programme of advisory services in thefield of human rights, established by the GeneralAssembly in 1955,17 the United Nations provides,at the request of Governments, fellowships andexpert advisory services and organizes seminars onhuman rights problems.

Activities in 1971The following seminars were held in 1971: (a)

an international seminar on measures to be takenon the national level for the implementation ofUnited Nations instruments aimed at combatingand eliminating racial discrimination and for thepromotion of harmonious race relations—a sym-posium on the evils of racial discrimination, heldfrom 16 to 29 June, at Yaoundé, Cameroon(organized as part of the programme for theobservance of the International Year for Action toCombat Racism and Racial Discrimination); (b) aregional seminar on the participation of women ineconomic life, held from 27 July to 9 August, atLibreville, Gabon; and (c) an international seminaron the dangers of a recrudescence of intolerancein all its forms and the search for ways ofpreventing and combating it, which took place atNice, France, from 24 August to 6 September.

At the request of the Government of Cameroon,an expert continued in 1971 to advise on thepromotion of the participation of women innational affairs and national development inCameroon, with particular emphasis on commu-nity development, concluding his work in October.

During 1971, 63 fellowships in the field ofhuman rights were awarded to nationals of 41

countries, namely: Afghanistan, Argentina,Austria, Barbados, Bolivia, Ceylon, Colombia,Costa Rica, El Salvador, Fiji, Guyana, India,Indonesia, Iran, Iraq, the Khmer Republic,Lesotho, Madagascar, Nepal, New Zealand, Ni-geria, Pakistan, Paraguay, the Philippines, Poland,Saudi Arabia, Senegal, Sierra Leone, Singapore,Somalia, Spain, Sudan, Sweden, the Syrian ArabRepublic, Thailand, Togo, Trinidad and Tobago,Turkey, the United Republic of Tanzania, Yemenand Yugoslavia.

Decisions by Human Rights CommissionAt its February-March 1971 session, the Com-

mission on Human Rights adopted a resolution bywhich, among other things, it expressed the hopethat further seminars on the role of youth in thepromotion and protection of human rights wouldbe organized under the programme of advisoryservices, if possible, in all regions of the world. TheCommission invited the Secretary-General toexplore, through such seminars and other tech-niques, ways and means by which youth might beencouraged to participate constructively and toassist in the effective implementation of UnitedNations principles concerning human rights at thenational and international levels.

Decision by General AssemblyOn 22 December 1971, in adopting resolution

2899 A (XXVI) on budget appropriations for

17 See Y.U.N., 1955, pp. 164-65, text of resolution 926(X) of 14 December

1955.

See Y.U.N., 1952, pp. 484-85, text of Convention. See Y.U.N., 1970, pp. 553-55 text of resolution 2716(XXV) of 15


1972, the General Assembly appropriated fundsfor United Nations programmes of technicalco-operation, including funds for the programme

of advisory services in the field of human rights.(For text of resolution 2899 A (XXVI) see pp.

644-45.)


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters XVI and XIX A(resolution 11 A(XXVII)) and B (other decisions, p. 95).


ST/TAO/HR/42. Seminar on Measures to be Taken on NationalLevel for Implementation of United Nations Instruments Aimedat Combating and Eliminating Racial Discrimination and forPromotion of Harmonious Race Relations: Symposium on Evils

of Racial Discrimination, Yaoundé, Cameroon, 16-29 June1971.

ST/TAO/HR/43. Seminar on Participation of Women in EconomicLife (with reference to implementation of article 10 of Declarationon Elimination of Discrimination against Women and of GeneralAssembly resolution 2716(XXV)), Libreville, Gabon, 27 July-9August 1971.

ST/TAO/HR/44. Seminar on Dangers of Recrudescence ofIntolerance in All its Forms and Search for Ways of Preventingand Combating It, held at Nice, France, 24 August-6 September1971.

Other human rights questionsPunishment of war criminals and personscommitting crimes against humanity

The question of the punishment of war crimi-nals and of persons who had committed crimesagainst humanity was considered again during1971 by various United Nations organs.

At its February-March 1971 session, the Com-mission on Human Rights adopted a resolutionasking the Secretary-General to continue report-ing on the question in 1972, in the light ofinformation received from Governments pursuantto General Assembly requests of 15 December1969 and 15 December 1970.18

A report of the Secretary-General on thesubject, prepared in accordance with the aboverequests, was before the Assembly at its 1971session. The report contained information andviews of Governments concerning, among otherthings: the legal basis for the prosecution andpunishment of war criminals and of persons guiltyof crimes against humanity; the non-applicabilityof statutory limitations of such offences; thecompetent organs and authorities and applicableprocedures for the prosecution and trial of warcriminals and persons committing crimes againsthumanity; international co-operation in findingand collecting evidence of war crimes; the extradi-tion of persons responsible for war crimes andcrimes against humanity; and the criteria fordetermining compensation to the victims of suchcrimes.

On 18 December 1971, the Assembly, notingwith regret that the numerous decisions of theUnited Nations on the punishment of warcriminals and of persons who had committedcrimes against humanity were still not being fullycomplied with, affirmed that refusal by States toco-operate in the arrest, extradition, trial andpunishment of persons guilty of war crimes and

crimes against humanity was contrary to thepurposes and principles of the United NationsCharter and to generally recognized norms ofinternational law.

The Assembly urged all States (a) to implementthe relevant resolutions of the General Assemblyand to take measures in accordance with interna-tional law to put an end to and prevent war crimesand crimes against humanity and to ensure thepunishment of all persons guilty of such crimes,including their extradition to those countrieswhere they had committed such crimes; and (b) toco-operate in particular in the collection andexchange of information which would lead to thepunishment of such persons. The Assemblyfurther called upon all States which had not doneso to become parties to the Convention on theNon-Applicability of Statutory Limitations to WarCrimes and Crimes against Humanity.19

The Commission on Human Rights was request-ed to submit to the Assembly at its 1972 session areport on the principles of international co-opera-tion in the detection, arrest, extradition andpunishment of persons guilty of war crimes and ofcrimes against humanity.

The Assembly took this action in adoptingresolution 2840(XXVI), by a vote of 71 to 0, with42 abstentions, as recommended by its Third(Social, Humanitarian and Cultural) Committee.On 9 December 1971, the Third Committee, by avote of 42 to 0, with 38 abstentions, had approvedthe text, proposed by Bulgaria, the ByelorussianSSR, Czechoslovakia and Mongolia, as orallyamended by the United Kingdom.

18

Y.U.N., 1970, pp. 572-73, text of resolution 2712(XXV).19 See Y.U.N., 1968, pp. 608-10, resolution 2391(XXIII) of 26 November

1968, containing text of Convention.

See Y.U.N., 1969, pp. 549-50, text of resolution 2583(XXIV); and


Slavery and practices ofapartheid and colonialism

Two reports on the question of slavery and theslave trade in all their practices and manifesta-tions, including apartheid and colonialism, wereconsidered by the Commission on Human Rightsand the Economic and Social Council in 1971. Thefirst was a progress report submitted in 1970 bythe Special Rapporteur of the Sub-Commission onPrevention of Discrimination and Protection ofMinorities, Mohamed Awad, and the second was areport by the Secretary-General, submitted inaccordance with Economic and Social Councildecisions of 31 May 1968.20

The Human Rights Commission recommendedto the Council adoption of a draft resolution onthe subject which had originated with the Sub-Commission. This text as amended was adopted bythe Council on 21 May 1971.

The Council thereby, among other things,expressed its appreciation to the Special Rappor-teur for his valuable report and invited him tosubmit a final report containing his conclusionsand recommendations to the Sub-Commission onPrevention of Discrimination and Protection ofMinorities at its 1971 session, scheduled forAugust.

The Council invited the Special Rapporteur toelaborate in his final report on ways in whichnational and international work in the fields ofnarcotics control and the protection of refugeesmight be applied in order to secure the betterimplementation of existing international instru-ments relating to the suppression of slavery andslavery-like practices.

The Council requested the Secretary-General:(a) to urge those States which had not yet ratifiedthe 1956 Supplementary Convention on theAbolition of Slavery, the Slave Trade, andInstitutions and Practices Similar to Slavery toexpedite their ratification procedures; (b) toextend his assistance to the States parties for thepurpose of arranging for the exchange of infor-mation called for by the Supplementary Conven-tion; and (c) to supplement such information byinformation from other official sources, and topresent it to the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities.

The Secretary-General was also requested toseek the co-operation of those organizations, bothinter-governmental and non-governmental, whichcould provide assistance in particular in theeradication of slavery, the slave trade and otherforms of servitude.

The Council took these actions in adopting,unanimously, resolution 1593(L), on the recom-mendation of its Social Committee.


The text, unanimously approved by the SocialCommittee on 19 May 1971, was based on thedraft resolution recommended by the Commissionon Human Rights, as amended by Greece and theUnited Kingdom.

The amendment added a new provision bywhich the Council invited the Special Rapporteurto elaborate on ways in which work in the fields ofnarcotics control and the protection of refugeesmight be applied to secure better implementationof international instruments relating to the sup-pression of slavery and slavery-like practices.

At its 1971 session, held from 2 to 20 August,the Sub-Commission on Prevention of Discrimina-tion and Protection of Minorities considered thefinal report on the question of slavery and theslave trade submitted by its Special Rapporteur.

The Sub-Commission transmitted the report tothe Commission on Human Rights for considera-tion at its 1972 session, with the request that theCommission transmit it to the Economic and SocialCouncil and recommend to the Council theadoption of a draft resolution whereby the Councilwould, among other things, call upon States toenact legislation to prohibit slavery and theslave trade in all their practices and manifesta-tions.

Trade union rightsDuring 1971, the Ad Hoc Working Group of

Experts established by the Commission on HumanRights continued its investigation of infringementsof trade union rights in South Africa, Namibia andSouthern Rhodesia and considered certain labourmatters relating to Angola and Mozambique. In itsreport to the Economic and Social Council, theWorking Group reiterated the conclusions andrecommendations of its 1969 and 1970 reports21

and added the following new conclusions andrecommendations.

With regard to South Africa, the WorkingGroup expressed its concern that the measuresagainst African labour contained in the BantuLaws Amendment Act of 1970 were more restric-tive than those of earlier legislation. It concludedthat discrimination in the matter of wages existedbetween white and black workers, and that tradeunion leaders continued to be persecuted. Itrecommended that the International LabourOrganisation (ILO) be invited to continue its effortstowards removing discrimination against Africanworkers in South Africa.

The Working Group described as similar toslavery the method of recruitment of Africanworkers in Namibia by the South West Africa

20

1330(XLIV) and 1331 (XLIV), respectively.21 See Y.U.N., 1969, pp. 534-35, and Y.U.N., 1970, p. 564.

See Y.U.N., 1968, pp. 602-3 and 578-79, texts of resolutions


Native Labour Association (SWANLA) under asystem of labour contracts. It recommended thatthis recruitment system be thoroughly investigatedand brought to the knowledge of world publicopinion. It also recommended that in all collectivelabour negotiations in Namibia, African workersbe represented by an African non-official and notby a South African official.

With regard to Southern Rhodesia, the WorkingGroup concluded that a number of trade unionistscontinued to be detained, without trial, solely onaccount of their trade union activities. It consid-ered that the Land Tenure Act of 1969 containedprovisions which greatly hampered the activities ofAfrican trade unions in white areas. It alsoexpressed the view that a system of job reservationdiscriminating against Africans had developed.The Working Group recommended that its reportbe brought to the attention of ILO and theGovernment of the United Kingdom—the admin-istering power—and that, since the authorities ofSouthern Rhodesia appeared to have violated theInternational Convention on the Elimination ofAll Forms of Racial Discrimination,22 ways shouldbe studied of bringing the relevant facts to theattention of the Committee on the Elimination ofRacial Discrimination.

Regarding the African territories administeredby Portugal, the Working Group concluded that,among other things: African producers of primaryproducts were often dispossessed by Portuguesecolonists, subjected to discriminatory taxes andobliged by the State to sell their products at verylow prices; unorganized labour governed byPortuguese law was reported to amount to forcedlabour; and the labour conditions imposed uponAfrican workers from Angola and Mozambiquewho were employed in South Africa, Namibia andSouthern Rhodesia were a matter of greatconcern.

The Working Group recommended that itsreport be transmitted to ILO, and that theGovernment of Portugal be called upon todiscontinue the confiscation of African lands andthe use of African workers as cheap manpower. Itfurther recommended that the labour conditionsof African workers from the Portuguese territoriesemployed in South Africa and Southern Rhodesiabe investigated with a view to determining thepossible existence of forced labour.

On 21 May 1971, the Economic and SocialCouncil endorsed the conclusions and recommen-dations of the Ad Hoc Working Group of Experts.

It condemned the repression and detention oftrade union leaders in southern Africa and calledfor their immediate and unconditional release. Itcondemned also the treatment of African produc-ers of primary products in the territories underPortuguese domination.

The Council called upon Portugal to stopimmediately the confiscation of African lands, andcalled upon the United Kingdom to fulfil itsresponsibility to put an immediate end to discrimi-nation and repression against African workers andtrade unionists in Southern Rhodesia.

The International Labour Organisation wasasked to continue its efforts to eliminate discrimi-nation against African workers in southern Africaand to report on this question to the Council assoon as possible but no later than at its fifty-fourth(early 1973) session.

The Ad Hoc Working Group of Experts was alsorequested to report to the Council by early 1973on its investigations of the recruitment system ofAfrican workers in Namibia, Southern Rhodesiaand the territories under Portuguese domination.

The Secretary-General was asked to transmitthis resolution and the Working Group's report tothe General Assembly at its 1972 session, and tothe Committee on the Elimination of RacialDiscrimination.

These decisions by the Council were set forth inresolution 1599(L), which was adopted by a vote of20 to 0, with 7 abstentions, as recommended by theSocial Committee. On 19 May 1971, the SocialCommittee approved, by a vote of 19 to 0, with 8abstentions, the text proposed by Ghana, In-donesia, Jamaica, Kenya, Malaysia, Sudan andYugoslavia.


Also before the Economic and Social Council atits April-May 1971 session were two communica-tions concerning the report of the Ad HocWorking Group of Experts.

The first was a letter dated 30 April 1971 fromthe Chargé d'affaires of Portugal to the UnitedNations, addressed to the Secretary-General,denying certain assertions contained in the reportand stating that the validity of the conclusions andrecommendations concerning Angola and Mo-zambique was questionable and unacceptable,since the Working Group had a predeterminedpolitical aim which was implied in its mandate.

A second letter, dated 5 May 1971, from theChairman/Rapporteur of the Ad Hoc WorkingGroup of Experts and replying to the above letter,noted that Portugal had denied the WorkingGroup entry into Mozambique and Angola, andthat the Group's conclusions and recommenda-tions were thus based on evidence received fromwitnesses who crossed borders in order to testifybefore the Group.

Subsequently, there was circulated as an officialdocument of the Economic and Social Council a

22 See Y.U.N., 1965, pp. 440-46, resolution 2106 A (XX) of 21 December

1965, containing text of International Convention.


letter of 28 May 1971 from the Chargé d'affairesof Portugal to the United Nations, addressed tothe Secretary-General, with two annexes contain-ing sections of the report of the Committee ofExperts on the Application of Conventions andRecommendations, issued in 1971 by ILO. It wasthe conclusion of that Committee that in the lightof the information on the situation in Angola andMozambique which had become available as aresult of direct contacts, there was no evidencefrom which it could be inferred that at the presenttime the legislative provisions which prohibitedrecourse to forced or compulsory labour and anyform of coercion or improper pressure in connex-ion with the recruiting of workers were not beingobserved.

Creation of post of United Nations HighCommissioner for Human Rights

A proposal to create the post of United NationsHigh Commissioner for Human Rights, originallymade in 1965, was again before the Assembly in1971.

On 18 December 1971, in view of the fact thatthere had not been sufficient time to conclude thestudy of the item at its 1971 session, the Assemblydecided to consider the question again in 1973.

The Assembly took this action in plenarymeeting by adopting resolution 2841 (XXVI), by arecorded vote of 78 to 11, with 25 abstentions, onthe recommendation of its Third (Social, Humani-tarian and Cultural) Committee.

Prior to the plenary vote, the Assembly adopteda Sudanese amendment deferring consideration to1973, rather than 1972, as called for in the textrecommended by the Third Committee.


The text, approved by the Third Committee on9 December 1971 by a recorded vote of 54 to 12,with 39 abstentions, was sponsored by 10 powers:Afghanistan, Canada, Costa Rica, Iran, Lesotho,Madagascar, the Netherlands, the Philippines,Sweden and Uruguay, as orally revised andamended.

An earlier draft resolution submitted in theThird Committee by the same 10 powers wouldhave had the Assembly establish a United NationsHigh Commissioner's Office for Human Rights.Two draft resolutions submitted by Saudi Arabiawould have called for a postponement of consider-ation of the question pending further studiesregarding the advisability of creating the post andits long-term financial implications. No action wastaken on these drafts.

Capital punishmentAs requested by the General Assembly on 26

November 1968,23 the Secretary-General submit-

ted to the Economic and Social Council at itsApril-May 1971 session a note summarizing datareceived from Member States with regard tocapital punishment. The note augmented infor-mation provided in two earlier reports on capitalpunishment which covered developments to 1960,and from 1961 to 1965.

The note reviewed the legal safeguards provid-ed in the reporting countries for persons liable tocapital punishment for ordinary crimes, as well asfor persons accused of offences against the Stateand certain other military and exceptional crimes.The note also listed changes that had taken placein the reporting States since 1965 in respect of therestriction of the use of, or the abolition of, thedeath penalty.

On 20 May 1971, the Council took the followingdecision, among others, concerning the questionof capital punishment. It noted with satisfactionthe measures already taken by a number of Statesto ensure the most careful legal procedures andthe greatest possible safeguards for the accused incapital cases in countries where the death penaltystill obtained; it considered that further effortsshould be made by Member States to ensure thefull and strict observance of the relevant principlescontained in the Universal Declaration of HumanRights24 and the International Covenant on Civiland Political Rights;25 it affirmed the objective ofprogressively restricting the number of offencesfor which capital punishment might be imposed,with a view to the desirability of abolishing thispunishment in all countries; and it invitedMember States which had not yet done so toinform the Secretary-General of their attitude topossible further restriction of the use of the deathpenalty or to its total abolition.

These decisions were set forth in resolution1574(L), which was adopted by a vote of 14 to 0,with 6 abstentions. The Council acted on therecommendation of its Social Committee, whichapproved the text on 28 April 1971 by a vote of 21to 0, with 5 abstentions. The text was based on adraft submitted by Italy, Norway, the UnitedKingdom and Uruguay. Amendments put forthby the USSR were not pressed to a vote.


On 20 December 1971, the General Assemblyreiterated the provisions contained in the Econom-ic and Social Council resolution of 20 May 1971.

It also requested the Secretary-General, on thebasis of material furnished by Governments of

23 See Y.U.N., 1968, pp. 605-6, text of resolution 2393(XXIII).

24 See Y.U.N., 1948-49, pp. 535-37, text of Universal Declaration ofHuman Rights.

25 See Y.U.N., 1966, pp. 418-32, resolution 2200 A (XXI) of 16 December1966, containing text of International Covenant on Economic, Social andCultural Rights, International Covenant on Civil and Political Rights, andOptional Protocol to International Covenant on Civil and Political Rights.


Member States where capital punishment stillexisted, to report to the General Assembly onpractices and statutory rules which might governthe right of a person sentenced to capitalpunishment to petition for pardon, commutationor reprieve.

These decisions were embodied in resolution2857(XXVI), which was adopted by a recordedvote of 59 to 1, with 54 abstentions, on therecommendation of the Third (Social, Humanita-rian and Cultural) Committee. The Committeeapproved, on 10 December 1971 by a recordedvote of 45 to 0, with 51 abstentions, the textsponsored by Austria, Costa Rica, Italy, theNetherlands, New Zealand, Norway, Sweden, theUnited Kingdom, Uruguay and Venezuela.


Education of youth in respect for human rightsThe question of the education of youth in the

respect for human rights and fundamental free-doms was discussed by the Human Rights Com-mission and by the General Assembly during 1971.

The Commission, among other things: urgedGovernments, organizations of the United Nationssystem and other interested bodies to devoteattention to the problems involved in educatingyouth in the respect for human rights; requestedthe Secretary-General to report to it regardingconscientious objection to military service; andrequested the United Nations Educational, Scien-tific and Cultural Organization to seek informa-tion on the teaching of human rights in universi-ties.

The General Assembly, in adopting resolution2770(XXVI) on 22 November 1971, decided toconsider no later than at its 1973 session thequestion of youth, its education in the respect forhuman rights and fundamental freedoms, itsproblems and needs, and its active participation innational development and international co-opera-tion.

(For text of resolution 2770(XXVI), see pp.378-79.)

International Covenants on Human RightsThe International Covenant on Economic,

Social and Cultural Rights and the InternationalCovenant on Civil and Political Rights (withOptional Protocol) were adopted by the GeneralAssembly on 16 December 1966 and opened forsignature, ratification and accession.26

Each Covenant was to enter into force threemonths after the date of deposit with theSecretary-General of the United Nations of thethirty-fifth instrument of ratification or accession.The Optional Protocol to the International Cove-nant on Civil and Political Rights was to enter into

force three months after the date of deposit withthe Secretary-General of the tenth instrument ofratification or accession (subject to the entry intoforce of the Covenant).

As at 31 December 1971, 45 States had signedthe International Covenant on Economic, Socialand Cultural Rights and 44 had signed theInternational Covenant on Civil and PoliticalRights. Each Covenant had been ratified oracceded to by 12 States. The Optional Protocolhad been signed by 16 States and ratified by 5.

On 6 December 1971, the General Assembly, inadopting, without vote, resolution 2788(XXVI),recommended that Member States give specialattention to the possibilities of accelerating theprocess of ratification of the Covenants and theOptional Protocol. The Assembly requested theSecretary-General to report to it on the progressmade in the matter.

The Assembly took this action on the recom-mendation of its Third (Social, Humanitarian andCultural) Committee, which approved the text byacclamation on 26 November 1971, on a proposalby Bulgaria, Cyprus, the Libyan Arab Republic,Madagascar, the Syrian Arab Republic and Tu-nisia, as amended by Costa Rica, the Netherlands,Sweden and Uruguay.

(For text of resolution, see DOCUMENTARYREFERENCES below).

Human rights and scientificand technological developments

At its 1971 session, the Commission on HumanRights considered a preliminary report on humanrights and scientific and technological develop-ments, prepared by the Secretary-General at therequest of the General Assembly.27

The Commission adopted a resolution by which,among other things, it: considered that each Stateshould make use of scientific and technologicaldevelopments to promote the exercise of humanrights and fundamental freedoms; considered thatproblems of protecting human rights and funda-mental freedoms in the context of scientific andtechnological progress should be tackled at thenational and international levels; and recognizedthe need to concentrate attention on theseproblems during the Second United NationsDevelopment Decade.

The Commission also: requested the Secretary-General to continue his study of the consequences,for the observance of human rights, of currentdevelopments in science and technology; request-ed Governments, the specialized agencies and theInternational Atomic Energy Agency, and other

26 Ibid.27 S ee Y.U.N., 1968, pp. 615-16, text of resolution 2450(XXIII) of 19

December 1968.


inter-governmental and non-governmental organ-izations to provide the Secretary-General withreports, comments and observations on problemsarising in connexion with the protection of humanrights within the context of scientific and techno-logical progress; requested the Secretary-Generalto submit to the Commission one or more reportswhich could be used as a basis for preparinginternational instruments designed to strengthenthe protection of the human rights proclaimed inthe Universal Declaration of Human Rights; andrequested the Secretary-General to bring theresolution and the relevant documentation to theattention of the Preparatory Committee for theUnited Nations Conference on the Human Envi-ronment and of the Economic and Social Council,in connexion with efforts to ensure the success ofthe Second Development Decade.

The Commission decided to retain the questionof human rights and technological developmentsas a standing item on its agenda.

The General Assembly, on 18 December 1971,decided to consider the question of human rightsand technological developments at its 1972 ses-sion. This decision was one of several set forth inresolution 2844(XXVI), which was adopted by avote of 114 to 0, as recommended by the Third(Social, Humanitarian and Cultural) Committee.The Committee approved the text to this effect,proposed by Nigeria and Sudan, on 10 December1971, by a vote of 96 to 0.


Twenty-fifth anniversary of the UniversalDeclaration of Human Rights

At its 1971 session the General Assembly tooknote of the fact that Human Rights Day in 1973would mark the twenty-fifth anniversary of theproclamation of the Universal Declaration ofHuman Rights, adopted by the Assembly on 10December 1948.28 The Assembly recalled that theUnited Nations had provided for special observ-ances of previous anniversaries of the UniversalDeclaration, including the observance of thetwentieth anniversary, in 1968, as the Internation-al Year for Human Rights, and expressed itsdesire to mark the twenty-fifth anniversary in amanner which would fit the occasion and serve thecause of human rights.

The Assembly decided to consider at its 1972session the question of the preparation of anappropriate programme to observe thetwenty-fifth anniversary of the Universal Declara-tion, and requested the Secretary-General topresent to it at that time suggestions for suitableactivities.

The Assembly took this action on 20 December

1971 in unanimously adopting resolution2860(XXVI), as recommended by its Third (So-cial, Humanitarian and Cultural) Committee. Thetext was based on a proposal by Cyprus, Ghana,Nigeria, Norway, Senegal, Sierra Leone andZambia; it was approved unanimously by theThird Committee on 10 December 1971.


Realization of economic,social and cultural rights

By a decision of 6 June 1969,29 the Economicand Social Council had confirmed the appoint-ment by the Commission on Human Rights of aSpecial Rapporteur to prepare a comprehensivereport on the realization of economic, social andcultural rights set forth in the Universal Declara-tion of Human Rights30 and the InternationalCovenant on Economic, Social and CulturalRights,31 taking particular account of the specialproblems of developing countries. The report wasto be submitted to the Commission at its 1971session.

Because the report was not completed, theCommission decided at its 1971 session to placethis question, as a high-priority matter, on theagenda of its 1972 session.

On 21 May 1971, on the Commission's recom-mendation, the Economic and Social Councilrequested the Special Rapporteur, in preparinghis study, to take into account the provisions of the1969 Declaration on Social Progress and Develop-ment as well as the Assembly's resolution concern-ing implementation of that Declaration,32 and tosubmit his final report to the Commission onHuman Rights not later than at its twenty-eighth(1972) session.

These decisions by the Council were set forth inresolution 1595(L), which was adopted, unani-mously, as recommended by the Social Committee.On 18 May 1971, the Social Committee unani-mously approved a draft submitted by theCommission on Human Rights.


Periodic reports on human rightsAt its 1971 session, the Commission on Human

Rights continued consideration of periodic reportson human rights submitted by Governments andspecialized agencies. The reports before theCommission dealt with economic, social and

28

29 See Y.U.N., 1969, pp. 553-54, text of resolution 1421(XLVI).30

See footnote 24.31 See footnote 25.32 See Y.U.N., 1969, pp. 433-38, resolution 2542(XXIV) of 11 December

1969, containing text of Declaration, and p. 438, text of resolution2543(XXIV) of 11 December 1969.

See footnote 24.


cultural rights for the period 1 July 1966 to 30June 1969 received subsequent to the 1970 sessionof the Commission's Ad Hoc Committee onPeriodic Reports on Human Rights.

The Commission adopted a resolution by which,among other things, it: drew the attention of theSpecial Rapporteur on the question to theseperiodic reports; deplored the absence of informa-tion on the exercise of economic, social andcultural rights in some territories still undercolonial rule; and emphasized that it was onlythrough the timely submission of concise reportsby Member States and specialized agencies, andobjective information by non-governmental or-ganizations, that the international communitycould appreciate the progress achieved and theproblems to be overcome.

On 21 May 1971, the Economic and SocialCouncil took note of the Commission's decisions.Recognizing that the number of reporting obliga-tions imposed upon Member States made itdifficult to prepare comprehensive periodic re-ports on human rights each year, the Councildecided that Member States should be asked tosubmit periodic reports every two years in acontinuing cycle: the first, on civil and politicalrights, to be submitted in 1972; the second, oneconomic, social and cultural rights, in 1974; andthe third, on freedom of information, in 1976.Previously, in accordance with a schedule estab-lished by the Economic and Social Council in1965,33 the reports had been submitted annuallyin a continuing three-year cycle.

The Council also expressed the hope that anincreasing number of Member States would reportin the future, and observed that the reports couldbe of value only to the extent that they includeddetailed information on specific difficulties en-countered and on practical measures applied, orassistance needed, to overcome them.

The Council took these decisions in adopting,unanimously, resolution 1596(L), as recommend-ed by its Social Committee. On 18 May 1971, theCommittee had approved unanimously a textproposed by Italy, Pakistan, the United Kingdomand Uruguay.


Freedom of informationOn 18 December 1971, the General Assembly,

bearing in mind the need for a full discussion ofthe question of freedom of information, decidedto consider the item at its 1972 session. TheAssembly took this decision, among others, inadopting resolution 2844(XXVI).

(For text of resolution, see DOCUMENTARYREFERENCES below, p. 444.)

Earlier, in adopting resolution 1596(L) on 21

May 1971, the Economic and Social Council haddecided that Governments and specialized agen-cies should submit their periodic reports onfreedom of information in 1971 and again in1976.

(For text of resolution, see DOCUMENTARYREFERENCES below, p. 445.)

Communications on human rightsIn accordance with procedures established by

the Economic and Social Council, communicationsdealing with the principles involved in promotingrespect for human rights are summarized in anon-confidential list submitted every year to theCommission on Human Rights.

Other communications concerning humanrights are summarized in confidential lists, whichare transmitted monthly to members of theSub-Commission on Prevention of Discriminationand Protection of Minorities and annually tomembers of the Commission. Copies of thecommunications are sent to the Member Statesconcerned, and replies from Governments aresubmitted to members of the Commission and theSub-Commission. Allegations concerning infringe-ments of trade union rights are forwarded to theInternational Labour Organisation. Informationreceived concerning the plight of survivors ofconcentration camps who had been the victims ofso-called scientific experiments during the nazirégime is sent to the Government of the FederalRepublic of Germany.

The Secretary-General submitted non-confiden-tial and confidential lists of communications to theCommission on Human Rights at its 1972 session,together with Government replies and a statisticalsummary of the confidential lists. The Commissiondid not consider the item.

(See also p. 419.)

Work programme of Human Rights CommissionAt its April-May 1971 session, the Economic and

Social Council considered the question of therationalization of the work of the Commission onHuman Rights.

A draft resolution on this subject was submittedin the Social Committee by France and the UnitedKingdom. By the draft, the Council would notethat the Commission was expected to deal withnumerous and complicated questions in an in-creasingly important field, that it was experiencingdifficulty in giving proper consideration to all theitems on its agenda and that this created a backlogdetrimental to the effectiveness of its work.

The Council would then recommend that theCommission (1) take effective measures at its 1972

33 See Y.U.N., 1965, pp. 487-88, text of resolution 1074C(XXXIX) of 28

July 1965.


session to prepare a work programme whichwould enable it at future sessions gradually toconsider and dispose of the items which hadaccumulated on its agenda, and (2) endeavour infuture to maintain a proper balance among thematters referred to it. The Secretary-Generalwould be requested, when preparing the provi-sional agenda of the Commission, to combineitems which could be considered simultaneously,except when a member of the Commission had

expressly requested that an item be consideredseparately.

On 21 May 1971, the Council, on the recom-mendation of the Social Committee but withoutadopting a resolution, decided to transmit to theCommission on Human Rights the summaryrecords of the discussions concerning the workprogramme of the Commission which took placein the Social Committee during discussion of thedraft resolution.


Punishment of war criminals and personscommitting crimes against humanityE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters X and XIX(resolution 16(XXVII)).


A/8345. Report of Secretary-General.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 7.A/C.3/627. Communication of 30 June 1971 from Saudi Arabia.A/C.3/L.1918: Bulgaria, Byelorussian SSR, Czechoslovakia,

Mongolia: draft resolution, as orally amended by UnitedKingdom, approved by Third Committee on 9 December 1971,meeting 1902, by 42 votes to 0, with 38 abstentions.



The General Assembly,Recalling its resolutions 3(I) of 13 February 1946 and 170(II) of

31 October 1947 on the extradition and punishment of warcriminals and its resolution 95(I) of 11 December 1946 affirmingthe principles of international law recognized by the Charter of theInternational Military Tribunal, Nuremberg, and the judgement ofthat Tribunal,

Recalling further its resolution 2712(XXV)of 15 December 1970in which it condemned the war crimes and crimes against humanityat present being committed as a result of aggressive wars and thepolicies of racism, apartheid and colonialism,

Again noting with regret that the numerous decisions adoptedby the United Nations on the question of the punishment of warcriminals and of persons who have committed crimes againsthumanity are still not being fully complied with,

Recalling the Convention on the Non-Applicability of StatutoryLimitations to War Crimes and Crimes against Humanity,

Convinced that the effective punishment of war crimes andcrimes against humanity is an important element in putting an endto and preventing such crimes, in the protection of human rightsand fundamental freedoms, in the strengthening of confidence andin promoting co-operation between peoples as well as peace andinternational security,

Expressing its deep concern at the fact that many war criminalsand persons who have committed crimes against humanity arecontinuing to take refuge in the territories of certain States and areenjoying their protection,

Affirming that war crimes and crimes against humanity areamong the most dangerous crimes under international law,

Firmly convinced of the need for international co-operation inthe thorough investigation of war crimes and crimes againsthumanity, as defined in article I of the Convention on theNon-Applicability of Statutory Limitations to War Crimes andCrimes against Humanity, and in bringing about the detection,

arrest, extradition and punishment of all war criminals and personsguilty of crimes against humanity who have not yet been brought totrial or punished,

1. Urges all States to implement the relevant resolutions of theGeneral Assembly and to take measures in accordance withinternational law to put an end to and prevent war crimes andcrimes against humanity and to ensure the punishment of allpersons guilty of such crimes, including their extradition to thosecountries where they have committed such crimes;

2. Further urges all States to co-operate in particular in thecollection and exchange of information which will contribute to thedetection, arrest, extradition, trial and punishment of persons guiltyof war crimes and crimes against humanity;

3. Again calls upon all States which have not yet done so tobecome as soon as possible parties to the Convention on theNon-Applicability of Statutory Limitations to War Crimes andCrimes against Humanity;

4. Affirms that refusal by States to co-operate in the arrest,extradition, trial and punishment of persons guilty of war crimesand crimes against humanity is contrary to the purposes andprinciples of the Charter of the United Nations and to generallyrecognized norms of international law;

5. Requests the Commission on Human Rights to consider theprinciples of international co-operation in the detection, arrest,extradition and punishment of persons guilty of war crimes andcrimes against humanity and to submit a report on this question tothe General Assembly at its twenty-seventh session.

Slavery and practices of apartheid and colonialism


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters VIII and XIX(resolution 12(XXVII)).

E/4949, Chapter XX. Draft resolution VII, as submitted byCommission on Human Rights, and as amended by Greece andUnited Kingdom, E/AC.7/L.599, approved unanimously bySocial Committee on 19 May 1971, meeting 680.

E/AC.7/L.599. Greece and United Kingdom: amendment to draftresolution VII recommended by Commission on Human Rightsin E/4949.

E/5032. Report of Social Committee, draft resolution VII.


The Economic and Social Council,Having considered the progress report on the question of

slavery and the slave trade in all their practices and manifesta-tions, including the slavery-like practices of apartheid andcolonialism, submitted by the Special Rapporteur, Mr. MohamedAwad,

Having noted the information on the same question presentedby the Secretary-General in accordance with resolution 4(XXII) of


the Sub-Commission on Prevention of Discrimination and Protec-tion of Minorities and resolution 1331(XLIV) of the Economic andSocial Council of 31 May 1968,

1. Expresses its appreciation to Mr. Mohamed Awad for hisvaluable report;

2. Invites the Special Rapporteur to continue his importanttask, taking into account the exchange of views on his progressreport during the twenty-third session of the Sub-Commission onPrevention of Discrimination and Protection of Minorities and thetwenty-seventh session of the Commission on Human Rights, andto submit in his final report to the Sub-Commission at itstwenty-fourth session his conclusions and recommendations,having regard to the urgent need for the proper implementation ofthe Supplementary Convention on the Abolition of Slavery, theSlave Trade, and Institutions and Practices Similar to Slavery, of30 April 1956;

3. Further invites the Special Rapporteur to elaborate, in hisfinal report, on his previous studies of ways in which national andinternational work in the fields of narcotics control and theprotection of refugees may be applied in order to secure the betterimplementation of existing international instruments relating to thesuppression of slavery and slavery-like practices;

4. Requests the Secretary-General once again to urge thoseStates which have not yet ratified the Supplementary Conventionof 1956 to expedite their ratification procedures;

5. Requests the Secretary-General to extend his assistance tothe States parties for the purpose of arranging for the exchange ofinformation called for by article 3, paragraph 3, of the Supplemen-tary Convention of 1956;

6. Authorizes the Secretary-General to supplement the infor-mation received from States parties to that Convention byinformation which may be available from other official sources,including States that have not yet adhered to the Convention andthe appropriate international organizations, and to present suchinformation to the Sub-Commission on Prevention of Discrimina-tion and Protection of Minorities;

7. Requests the Secretary-General to seek the co-operation ofthose organizations, both intergovernmental and non-governmen-tal, which can provide assistance in particular in the eradication ofslavery, the slave trade and other forms of servitude.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII G.

E/CN.4/1070 and Corr.1. Report of 24th session of Sub-Commis-sion on Prevention of Discrimination and Protection of Minori-ties, 2-20 August 1971, Chapters IV and XII (resolution 3(XXIV)).

Trade union rights

Economic and Social Council—50th sessionSocial Committee, meetings 669, 671-680.Plenary meeting 1771.

E/4953. Report on trade union rights in southern Africa, submittedin accordance with Economic and Social Council resolution1412(XLVI), by Ad Hoc Working Group of Experts establishedunder resolution 2(XXIII) of Commission on Human Rights.

E/4956. Report of Secretary-General on publicity given to report ofAd Hoc Working Group of Experts (paragraph 9 of Councilresolution 1509(XLVIII)).

E/L.1390. Letter of 30 April 1971 from Portugal to Secretary-Gen-eral.

E/L.1396. Letter of 5 May 1971 from Chairman/Rapporteur of AdHoc Working Group of Experts to President of Economic andSocial Council.

E/AC.7/L.598. Ghana, Indonesia, Jamaica, Kenya, Malaysia,Sudan, Yugoslavia: draft resolution, as orally revised bysponsors, approved by Social Committee on 19 May 1971,meeting 680, by 19 votes to 0, with 8 abstentions.

E/AC.7/L.602. New Zealand: amendment to 7-power draftresolution, E/AC.7/L.598.

E/5032. Report of Social Committee, draft resolution XIII.


The Economic and Social Council,Recalling its resolutions 1216(XLII) of 1 June 1967, 1302(XLIV)

of 28 May 1968, 1412(XLVI) of 6 June 1969 and 1509(XLVIII) of 28May 1970,

Having examined the report on trade union rights in southernAfrica, submitted in accordance with Economic and Social Councilresolution 1412(XLVI), by the Ad Hoc Working Group of Expertsestablished under resolution 2(XXIII) of the Commission onHuman Rights,

Gravely concerned at the continued suppression of trade unionrights in South Africa, Namibia, Angola, Mozambique andSouthern Rhodesia,

1. Endorses the conclusions and recommendations of the AdHoc Working Group of Experts,

2. Strongly condemns the repression and detention of tradeunion leaders in southern Africa and calls for their immediate andunconditional release;

3. Condemns also the treatment of African producers ofprimary products in the Territories under Portuguese domination;

4. Calls upon Portugal to stop immediately the confiscation ofAfrican lands;

5. Calls upon the Government of the United Kingdom of GreatBritain and Northern Ireland to fulfil its responsibility to put animmediate end to discrimination and repression against Africanworkers and trade unionists in Southern Rhodesia;

6. Requests the Secretary-General to bring the report of theAd Hoc Working Group of Experts to the attention of theInternational Labour Organisation;

7. We/comes the activities of the International Labour Organi-sation in this field and requests it to continue its efforts to bring toan end the discrimination against African workers in southernAfrica and to submit the results of its endeavours to the Economicand Social Council as soon as possible but not later than at itsfifty-fourth session;

8. Requests the Ad Hoc Working Group of Experts toinvestigate thoroughly the system of recruitment of African workersin Namibia, Southern Rhodesia and the Territories underPortuguese domination and to report to the Economic and SocialCouncil as soon as possible but not later than at its fifty-fourthsession;

9. Requests the Secretary-General to bring the presentresolution and the report of the Ad Hoc Working Group of Expertsto the attention of the Committee on the Elimination of RacialDiscrimination;

10. Requests the Secretary-General to transmit the presentresolution and the report of the Ad Hoc Working Group of Expertsto the General Assembly at its twenty-sixth session.

A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVIIM.

E/L.1403. Letter of 28 May 1971 from Portugal to Secretary-Gen-eral.

Creation of post of United NationsHigh Commissioner for Human Rights


A/8333. Report of Secretary-General. (Annex I: Economic andSocial Council resolution 1237(XLII); Annex II: United Republicof Tanzania: amendments to Council resolution 1237(XLII).)


A/C.3/L.1851. Afghanistan, Canada, Costa Rica, Iran, Lesotho,Madagascar, Netherlands, Philippines, Sweden, Uruguay: draftresolution.


A/C.3/L.1852. Administrative and financial implications of Councilresolution 1237(XLII) and amendments submitted thereto byUnited Republic of Tanzania in A/8333, annexes I and II. Reportof Secretary-General.

A/C.3/L.1856. Saudi Arabia: draft resolution.A/C.3/L.1857. Saudi Arabia: draft resolution.A/C.3/L.1921. Afghanistan, Canada, Costa Rica, Iran, Lesotho,

Madagascar, Netherlands, Philippines, Sweden, Uruguay: draftresolution, as orally revised (by Committee, on proposal ofSomalia, by roll-call vote of 43 to 37, with 26 abstentions), andas amended by Ghana and Nigeria (A/C.3/L.1923), approvedby Third Committee on 9 December 1971, meeting 1901, byrecorded vote of 54 to 12, with 39 abstentions, as follows:

In favour: Afghanistan, Argentina, Australia, Austria, Bar-bados, Belgium, Cameroon, Canada, Central African Republic,Chad, Colombia, Costa Rica, Cyprus, Denmark, Fiji, Finland,France, Greece, Guatemala, Guyana, Honduras, Iceland, Iran,Ireland, Israel, Italy, Ivory Coast, Japan, Khmer Republic, Laos,Lesotho, Liberia, Madagascar, Malta, Morocco, Netherlands,New Zealand, Nicaragua, Norway, Pakistan, Panama, Philip-pines, Singapore, Spain, Swaziland, Sweden, Uganda, UnitedKingdom, United States, Upper Volta, Uruguay, Venezuela,Zaire, Zambia.

Against: Bulgaria, Byelorussian SSR, Cuba, Czechoslovakia,Ethiopia, Hungary, Mongolia, Poland, Romania, Saudi Arabia,Ukrainian SSR, USSR.

Abstaining: Algeria, Brazil, Burma, Burundi, Chile, Congo,Dahomey, Ecuador, Egypt, Ghana, India, Indonesia, Iraq,Jamaica, Jordan, Kenya, Kuwait, Lebanon, Libyan ArabRepublic, Malaysia, Mauritania, Mexico, Nepal, Nigeria, Peo-ple's Democratic Republic of Yemen, Peru, Portugal, Rwanda,Senegal, Sierra Leone, Somalia, Sudan, Syrian Arab Republic,Togo, Tunisia, Turkey, United Republic of Tanzania, Yemen,Yugoslavia.

A/C.3/L.1923. Ghana and Nigeria: amendment to 10-power draftresolution, A/C.3/L.1921.

A/L.667. Sudan: amendment to draft resolution recommended byThird Committee in A/8594.


RESOLUTION 2841 (XXVI), as recommended by Third Commit-tee, A/8594, as amended by Sudan, A/L.667, adopted byAssembly on 18 December 1971, meeting 2025, by recordedvote of 78 to 11, with 25 abstentions, as follows:

In favour. Afghanistan, Algeria, Argentina, Australia, Austria,Belgium, Burundi, Canada, Central African Republic, Congo,Costa Rica, Cyprus, Denmark, Dominican Republic, Ecuador,Equatorial Guinea, Ethiopia, Fiji, Finland, France, Gambia,Greece, Guatemala, Guinea, Honduras, India, Indonesia, Iran,Ireland, Israel, Italy, Ivory Coast, Japan, Jordan, Kenya, KhmerRepublic, Laos, Lebanon, Liberia, Libyan Arab Republic,Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritania,Mexico, Morocco, Netherlands, New Zealand, Nicaragua, Niger,Nigeria, Norway, Pakistan, Panama, People's DemocraticRepublic of Yemen, Philippines, Qatar, Sierra Leone, Sing-apore, Spain, Sudan, Swaziland, Sweden, Syrian Arab Repub-lic, Trinidad and Tobago, Uganda, United Arab Emirates, UnitedKingdom, United Republic of Tanzania, United States, UpperVolta, Uruguay, Venezuela, Yemen, Zaire, Zambia.

Against: Bulgaria, Byelorussian SSR, Cuba, Czechoslovakia,Hungary, Mongolia, Poland, Romania, Saudi Arabia, UkrainianSSR, USSR.

Abstaining: Bahrain, Botswana, Brazil, Burma, Cameroon,Chile, Colombia, Egypt, El Salvador, Gabon, Haiti, Jamaica,Kuwait, Malaysia, Nepal, Peru, Portugal, Rwanda, Senegal,Somalia, Thailand, Togo, Tunisia, Turkey, Yugoslavia.

The General Assembly,Recalling its resolutions 2062(XX) of 16 December 1965,

2333(XXII) of 18 December 1967, 2437(XXIII) of 19 December

1968 and 2595(XXIV) of 16 December 1969 concerning thecreation of the post of United Nations High Commissioner forHuman Rights,

Taking note of Economic and Social Council resolution1237(XLII) of 6 June 1967 on the creation of an Office of the UnitedNations High Commissioner for Human Rights, and of Councilresolution 1238(XLII) of 6 June 1967 concerning the implementa-tion of human rights through a United Nations High Commissionerfor Human Rights or some other appropriate internationalmachinery,

Taking further note of the views expressed in the general debateon this question and of the draft resolution submitted to the ThirdCommittee for consideration during the current session,

Considering that there was not sufficient time during itstwenty-sixth session to conclude the study of this item,

1. Decides to give consideration to this item at its twenty-eighth session;

2. Requests the Secretary-General to transmit to the GeneralAssembly at its twenty-eighth session the documentation pertain-ing to the study of this question.

Capital punishment


E/4947 and Corr.1 and Add.1. Note by Secretary-General,E/L.1378. Letter of 31 March 1971 from Austria.E/AC.7/L.578. Italy, Norway, United Kingdom, Uruguay: draft

resolution, as orally revised by sponsors, approved by SocialCommittee on 28 April 1971, meeting 651, by 21 votes to 0, with5 abstentions.

E/AC.7/L.579. USSR: amendment to 4-power draft resolution,E/AC.7/L.578.

E/4993 and Corr.1. Report of Social Committee.


The Economic and Social Council,Having examined the report submitted by the Secretary-General

in accordance with paragraph 3 of General Assembly resolution2393(XXIII) of 26 November 1968,

1. Takes note with satisfaction of the measures already takenby a number of States in order to ensure the most careful legalprocedures and the greatest possible safeguards for the accusedin capital cases in countries where the death penalty still obtains;

2. Considers that further efforts should be made by MemberStates to ensure the full and strict observance anywhere of theprinciples contained in articles 5, 10 and 11 of the UniversalDeclaration of Human Rights, reaffirmed by articles 7, 14 and 15 ofthe International Covenant on Civil and Political Rights, and inparticular of the principles that no one shall be subjected to tortureor to cruel, inhuman or degrading treatment or punishment, thateveryone is entitled to a fair and public hearing by an independentand impartial tribunal, that everyone charged with a penal offencehas the right to be presumed innocent until proved guilty by a finalsentence, and that every accused has the right to enjoy all theguarantees necessary for his defence;

3. Affirms that the main objective to be pursued is that ofprogressively restricting the number of offences for which capitalpunishment might be imposed with a view to the desirability ofabolishing this punishment in all countries so that the right to life,provided for in article 3 of the Universal Declaration of HumanRights, may be fully guaranteed;

4. Invites Member States which have not yet done so to informthe Secretary-General of their attitude to possible further restrictionof the use of the death penalty or to its total abolition, by providingthe information requested in paragraph 2 of General Assemblyresolution 2393(XXIII);

5. Requests the Secretary-General to circulate as soon as


possible to Member States all the replies to the queries containedin paragraphs 1 and 2 of General Assembly resolution 2393(XXIII)submitted by Member States either before or after the adoption ofthe present resolution.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVIIIC.

A/C.3/L.1908. Austria, Costa Rica, Italy, Netherlands, NewZealand, Norway, Sweden, United Kingdom, Uruguay, Vene-zuela: draft resolution, as orally revised by sponsors, approvedby Third Committee on 10 December 1971, meeting 1905, byrecorded vote of 45 to 0, with 51 abstentions, as follows:

In favour: Australia, Austria, Belgium, Bulgaria, ByelorussianSSR, Canada, Colombia, Costa Rica, Cyprus, Czechoslovakia,Denmark, Ecuador, Ethiopia, Finland, France, Ghana, Greece,Guatemala, Honduras, Hungary, Iceland, India, Ireland, Israel,Italy, Ivory Coast, Laos, Luxembourg, Madagascar, Mongolia,Netherlands, New Zealand, Nicaragua, Norway, Philippines,Poland, Portugal, Spain, Sweden, Ukrainian SSR, USSR,United Kingdom, Uruguay, Venezuela, Yugoslavia.

Against: None.Abstaining: Afghanistan, Algeria, Argentina, Bahrain, Bar-

bados, Brazil, Burma, Burundi, Cameroon, Central AfricanRepublic, Chile, Dahomey, Egypt, Equatorial Guinea, Guinea,Guyana, Indonesia, Iran, Iraq, Jamaica, Japan, Kenya, Kuwait,Lebanon, Liberia, Libyan Arab Republic, Malaysia, Mali,Mauritania, Mexico, Morocco, Nepal, Nigeria, People's Demo-cratic Republic of Yemen, Peru, Rwanda, Saudi Arabia,Senegal, Sierra Leone, Singapore, Somalia, Sudan, Swaziland,Syrian Arab Republic, Togo, Tunisia, Turkey, Uganda, UnitedRepublic of Tanzania, United States, Yemen.

A/8588. Report of Third Committee (on report of Economic andSocial Council), draft resolution III.


In favour: Austria, Belgium, Bulgaria, Byelorussian SSR,Canada, Central African Republic, Chad, Colombia, Costa Rica,Cyprus, Czechoslovakia, Denmark, Ecuador, Ethiopia, Finland,France, Ghana, Greece, Guatemala, Honduras, Hungary,Iceland, India, Ireland, Israel, Italy, Ivory Coast, Laos, Luxem-bourg, Madagascar, Malta, Nepal, Netherlands, New Zealand,Nicaragua, Niger, Nigeria, Norway, Pakistan, Panama, Para-guay, Philippines, Poland, Portugal, Romania, Senegal, Sing-apore, Somalia, Spain, Sweden, Togo, Ukrainian SSR, USSR,United Arab Emirates, United Kingdom, Upper Volta, Uruguay,Venezuela, Yugoslavia.

Against: Saudi Arabia.Abstaining: Afghanistan, Algeria, Argentina, Australia, Bah-

rain, Barbados, Bolivia, Botswana, Brazil, Burma, Burundi,Cameroon, Ceylon, Chile, Congo, Dahomey, Dominican Repub-lic, El Salvador, Equatorial Guinea, Guinea, Guyana, Haiti,Indonesia, Iran, Jamaica, Japan, Kenya, Kuwait, Lesotho,Liberia, Libyan Arab Republic, Malaysia, Mali, Mauritania,Mexico, Morocco, People's Democratic Republic of Yemen,Peru, Qatar, Rwanda, Sierra Leone, Sudan, Swaziland, SyrianArab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey,Uganda, United Republic of Tanzania, United States, Yemen,Zaire, Zambia.

The General Assembly,Recalling its resolution 2393(XXIII) of 26 November 1968

concerning the application of the most careful legal proceduresand the greatest possible safeguards for the accused in capital

cases as well as the attitude of Member States to possible furtherrestriction of the use of capital punishment or to its total abolition,

Taking note of the section of the report of the Economic andSocial Council concerning the consideration by the Council of thereport on capital punishment submitted by the Secretary-Generalin implementation of the aforementioned resolution,

Expressing the desirability of continuing and extending theconsideration of the question of capital punishment by the UnitedNations,

1. Notes with satisfaction the measures already taken by anumber of States in order to ensure careful legal procedures andsafeguards for the accused in capital cases in countries where thedeath penalty still exists;

2. Considers that further efforts should be made to ensuresuch procedures and safeguards in capital cases everywhere;

3. Affirms that, in order fully to guarantee the right to life,provided for in article 3 of the Universal Declaration of HumanRights, the main objective to be pursued is that of progressivelyrestricting the number of offences for which capital punishmentmay be imposed, with a view to the desirability of abolishing thispunishment in all countries;

4. Invites Member States which have not yet done so to informthe Secretary-General of their legal procedures and safeguards aswell as of their attitude to possible further restriction of the use ofthe death penalty or its total abolition, by providing the informationrequested in paragraphs 1 (c) and 2 of General Assemblyresolution 2393(XXIII);

5. Requests the Secretary-General to circulate as soon aspossible to Member States all the replies already received fromMember States to the queries contained in paragraphs 1 (c) and 2of resolution 2393(XXIII) and those to be received after theadoption of the present resolution, and to submit a supplementaryreport to the Economic and Social Council at its fifty-secondsession;

6. Further requests the Secretary-General, on the basis ofmaterial furnished in accordance with paragraph 4 above byGovernments of Member States where capital punishment stillexists, to prepare a separate report regarding practices andstatutory rules which may govern the right of a person sentencedto capital punishment to petition for pardon, commutation orreprieve, and to submit that report to the General Assembly.

Education of youth in respect for human rightsE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters VI and XIX(resolutions 11 A-C (XXVII)).

RESOLUTION 2770(XXVI), as recommended by Third Committee(A/8507, draft resolution I), adopted by Assembly on 22November 1971, meeting 1991, by recorded vote of 91 to 0.

[For text of resolution, relevant meetings, recorded vote andsupporting documentation, see pp. 378-79.]

International Covenants on Human Rights

General Assembly—26th sessionThird Committee, meetings 1869, 1884, 1885.Plenary meeting 2001.

A/8390. Status of International Covenant on Economic, Social andCultural Rights, International Covenant on Civil and PoliticalRights and Optional Protocol to International Covenant on Civiland Political Rights. Report of Secretary-General.


A/C.3/L.1894. Bulgaria, Cyprus, Libyan Arab Republic, Madagas-car, Syrian Arab Republic, Tunisia: draft resolution, as amendedby 4 powers, A/C.3/L.1898, approved by acclamation by ThirdCommittee on 26 November 1971, meeting 1885.

A/C.3/L.1898. Costa Rica, Netherlands, Sweden, Uruguay:amendments to 6-power draft resolution, A/C.3/L.1894.



RESOLUTION 2788(XXVI), as recommended by Third Commit-tee, A/8546, adopted without vote by Assembly on 6 December1971, meeting 2001.

The General Assembly,Having noted the report of the Secretary-General on the status

of the International Covenant on Economic, Social and CulturalRights, the International Covenant on Civil and Political Rights andthe Optional Protocol to the International Covenant on Civil andPolitical Rights,

Firmly believing that the entry into force of the InternationalCovenants on Human Rights and the Optional Protocol will greatlyenhance the ability of the United Nations to promote andencourage respect for human rights and fundamental freedoms forall, without distinction as to race, sex, language or religion, and willcontribute to the attainment of the purposes and principles of theCharter of the United Nations,

Desirous of making all possible efforts that may be appropriateto assist in hastening the process of ratification and, if possible, inbringing into force those instruments by the twenty-fifth anniver-sary of the proclamation of the Universal Declaration of HumanRights, in 1973,

1. Recommends that Member States should give specialattention to possibilities of accelerating as far as possible theinternal procedures that would lead to the ratification 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 andPolitical Rights;

2. Requests the Secretary-General on the basis of communi-cations from Governments, to report to the General Assembly at itstwenty-seventh session and at such other times as he mayconsider appropriate on the progress of the ratification of theCovenants and the Optional Protocol.

Human rights and scientificand technological developmentsE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters V and XIX(resolution 10(XXVII)).


A/8339. Report of Secretary-General.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 14.A/C.3/L.1925. Nigeria and Sudan: draft resolution, approved by




The General Assembly,Considering that there is not enough time for the consideration

of all the items on the agenda of the Third Committee,Bearing in mind the need for a full discussion of all the items,Decides to consider at its twenty-seventh session the items

entitled "Freedom of information," "Human rights and scientificand technological developments" and "Elimination of all forms ofreligious intolerance."

Twenty-fifth anniversary of theUniversal Declaration of Human Rights


A/C.3/L.1926. Cyprus, Ghana, Nigeria, Norway, Senegal, SierraLeone, Zambia: draft resolution, as orally amended by sponsors,approved unanimously by Third Committee on 10 December1971, meeting 1905.

A/8588. Report of Third Committee (on report of Economic andSocial Council), draft resolution VI.

RESOLUTION 2860(XXVI), as recommended by Third Commit-tee, A/8588, adopted unanimously by Assembly on 20December 1971, meeting 2027.

The General Assembly,Noting that Human Rights Day in 1973 will mark the twenty-fifth

anniversary of the adoption and proclamation by the GeneralAssembly of the Universal Declaration of Human Rights,

Convinced of the historic significance and enduring value of theUniversal Declaration as a common standard of achievement forall peoples and all nations,

Recalling that the United Nations provided for special observ-ances of the tenth, fifteenth and twentieth anniversaries of theUniversal Declaration, including the observance of the twentiethanniversay, in 1968, as the International Year for Human Rights,

Desiring to mark, in 1973, the twenty-fifth anniversary of theUniversal Declaration in a manner which would fit the occasion andserve the cause of human rights,

1. Decides to consider at its twenty-seventh session thequestion of the preparation of an appropriate programme toobserve the twenty-fifth anniversary of the Universal Declaration ofHuman Rights;

2. Requests the Secretary-General to present, for considera-tion by the General Assembly at its twenty-seventh session, suchsuggestions as he may consider appropriate concerning suitableactivities which could be undertaken in celebration of thetwenty-fifth anniversary of the Universal Declaration.

Realization of economic,social and cultural rights


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters XI and XIX(resolution 17(XXVII)).

E/4949, Chapter XX. Draft resolution IX, as submitted byCommission on Human Rights, approved unanimously by SocialCommittee on 18 May 1971, meeting 678.

E/5032. Report of Social Committee, draft resolution IX.


The Economic and Social Council,Recalling its resolutions 1421 (XLVI) of 6 June 1969 and

1502(XLVIII) of 27 May 1970,1. Draws attention to the fact that, since the adoption of

resolution 1421(XLVI) by the Council, the General Assembly hasadopted on 11 December 1969 resolution 2542(XXIV) containingthe Declaration on Social Progress and Development andresolution 2543(XXIV) on the implementation of that Declaration;

2. Requests the Special Rapporteur while preparing his studyto take into account the provisions of the above-mentionedresolutions and to submit his final report to the Commission onHuman Rights not later than at its twenty-eighth session, in 1972.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII I.


Periodic reports on human rights


E/4949. Report of Commission on Human Rights on its 27thsession, 22 February-26 March 1971, Chapters XII and XIX(resolution 18(XXVII)).

E/AC.7/L.596 and Rev.1. Italy, Pakistan, United Kingdom,Uruguay: draft resolution and revision, approved unanimouslyby Social Committee on 18 May 1971, meeting 678.

E/5032. Report of Social Committee, draft resolution X.


The Economic and Social Council,Bearing in mind section III of its resolution 1458(XLVII) of 8

August 1969 concerning requests for information from MemberStates regarding the United Nations programme in the field ofhuman rights,

Recalling its resolution 1074C (XXXIX) of 28 July 1965concerning periodic reports on human rights and reports onfreedom of information,

Noting resolution 18(XXVII) of the Commission on HumanRights,

Believing that it is only through the timely submission of concisereports by Member States and specialized agencies and objectiveinformation by non-governmental organizations in consultativestatus that the international community can appreciate both theprogress achieved and problems still to be overcome,

Believing also that the value of these reports rests on their beingsubmitted by as many Member States as possible,

Recognizing that the number of reporting obligations imposedupon Member States may make more difficult the preparation ofcomprehensive periodic reports on human rights each year,

1. Decides that, without prejudice to the submission of reportson freedom of information in 1971 and with effect from the date ofthe present resolution, Member States shall be asked to submitperiodic reports once every two years in a continuing cycle: thefirst, on civil and political rights, to be submitted in 1972; thesecond, on economic, social and cultural rights, in 1974; the third,on freedom of information, in 1976;

2. Expresses the hope that an increasing number of MemberStates will report in the future;

3. Invites Member States, in submitting their periodic reports,to follow closely the outline of headings for the reports sent to themby the Secretary-General and to pay greater attention to theguidelines contained in paragraph 1 of resolution 16 B (XXIII) of theCommission on Human Rights, which was adopted unanimouslyon 22 March 1967;

4. Considers in particular that the assessment of progress andproblems in the promotion and protection of human rights by theCommission on Human Rights and its Ad Hoc Committee onPeriodic Reports on Human Rights can be of practical value only tothe extent that Governments include in their reports detailedinformation concerning specific difficulties encountered, practicalmeasures or methods applied or assistance needed to overcomethem.


A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII J.

Freedom of information


RESOLUTION 1596(L), as recommended by Social Committee(E/5032, draft resolution X), adopted unanimously by Council on21 May 1971, meeting 1771.

[For text of resolution and supporting documentation, seesection above on PERIODIC REPORTS ON HUMAN RIGHTS.]


A/8340. Note by Secretary-General.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I A 16.A/8403. Report of Economic and Social Council on work of its 50th

and 51st sessions, Chapter XVII J.A/C.3/L.1925. Nigeria and Sudan: draft resolution, approved by




[For text of resolution, see section above on HUMAN RIGHTSAND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS.]

Communications on human rightsA/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter IA17.E/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapter XVII.E/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-

tion of Discrimination and Protection of Minorities on its 24thsession, 2-20 August 1971, Chapter V.

Studies of specific rights or groups of rightsE/4949. Report of Commission on Human Rights on its 27th

session, 22 February-26 March 1971, Chapters XIII and XIX B(Other decisions, p. 96, sub-paras, (a), (c) and (d)).

E/4949/Add.1. Financial implications of resolutions adopted byCommission on Human Rights at its 27th session (decisionstaken at 1136th meeting of Commission).

GenocideE/CN.4/1070 and Corr.1. Report of Sub-Commission on Preven-

tion of Discrimination and Protection of Minorities on its 24thsession, 2-20 August 1971, Chapters VIII and XII (resolution7(XXIV)).

Work programme of Human Rights Commission

Economic and Social Council—50th sessionSocial Committee, meetings 679, 680.Plenary meeting 1771.

E/4949. Report of Commission on Human Rights on its 27thsession, Chapter XIX B (Other decisions, p. 96, sub-paragraph(b)).

E/AC.7/L.601. France and United Kingdom: draft resolution.E/5032. Report of Social Committee, paras. 34-36.E/5044. Resolutions adopted by Economic and Social Council

during its 50th session, 11-13 January and 26 April-21 May1971. Decision, p. 22.

A/8403. Report of Economic and Social Council on work of its 50thand 51st sessions, Chapter XVII K.

Report of Human Rights Commission



E/4949. Report of Commission on Human Rights on its 27thsession, Geneva, Switzerland, 22 February-26 March 1971.(Annex III: List of documents before Commission at its 27thsession.)

E/4949, Chapter XX. Draft resolution X, submitted by Commissionon Human Rights, approved unanimously by Social Committeeon 19 May 1971, meeting 680.

E/4949/Summary. Summary of report of Commission on HumanRights on its 27th session.


E/5032. Report of Social Committee, draft resolution XII.

RESOLUTION 1598(L), as recommended by Social Committee,E/5032, taking note of report of Commission on Human Rights

on its 27th session, adopted unanimously by Council on 21 May1971, meeting 1771.

Other documentsYearbook on Human flights for 1969. U.N.P. Sales No:

E.72.XIV.1.A/8401. Report of Secretary-General on work of the Organization,

16 June 1970-15 June 1971, Part Three, Chapter I.A/8401/Add.1. Introduction to report of Secretary-General, Sep-

tember 1971, Part Two, Chapter VI.A/8403. Report of Economic and Social Council on work of its 50th

and 51st sessions, Chapter XVII.A/INF/147. Human Rights Day: observance of 22nd anniversary

of adoption of Universal Declaration of Human Rights. Report ofSecretary-General.

Chapter XXI

Consultative arrangements with non-governmentalorganizationsDuring 1971, the Committee on Non-Governmen-tal Organizations of the Economic and SocialCouncil undertook its annual consideration ofapplications and re-applications for consultativestatus as well as requests for reclassificationreceived from non-governmental organizations(NGOS).

In October 1971, the Economic and SocialCouncil instructed its Committee on Non-Govern-mental Organizations to study how NGOS couldhelp in the achievement of the objectives of theDeclaration on the Granting of Independence toColonial Countries and Peoples. The GeneralAssembly, in December 1971, asked its SpecialCommittee on the implementation of the Declara-tion to assist in the study. (See pp. 519-20 and525-26.) The Assembly also asked its SpecialCommittee to study, in particular, the efforts beingmade by NGOS to acquaint world public opinionwith the role of foreign economic and otherinterests in impeding the implementation of theDeclaration. (See pp. 532-33.)

By a decision taken in May 1971, the Councilrecommended that the Assembly request NGOS,among other bodies, to consider measures thatmight be taken with a view to speedily eliminatingracial discrimination throughout the world. (Seepp. 411-12.)

The Council, at its fiftieth session, held from 26April to 21 May 1971, considered the report of itsCommittee on Non-Governmental Organizations,which contained recommendations on the categor-ization of various organizations.

At the end of 1971, there were 469 NGOS that theEconomic and Social Council could consult onquestions relative to those organizations.

In accordance with the criteria set forth in aCouncil decision of 23 May 1968,1 those NGOS weredivided into three groups.

In Category I were organizations that wereconcerned with most of the activities of theCouncil and could demonstrate to the satisfactionof the Council: that they had marked andsustained contributions to make to the achieve-ments of the United Nations in the social, cultural,educational, health, scientific, technological andhuman rights fields; that they were closelyinvolved with the economic and social life of thepeoples of the areas they represented; and thattheir membership was broadly representative ofmajor segments of population in a large numberof countries.

In Category II were organizations that had aspecial competence in, and were concerned specifi-cally with, only a few of the fields of activitycovered by the Council and that were knowninternationally within the fields for which they hadconsultative status.

On the Roster were organizations that theCouncil, or the Secretary-General, in consultationwith the Council or its Committee on Non-Govern-mental Organizations, considered could makeoccasional and useful contributions to the work ofthe Council or other United Nations bodies, withintheir competence.

At the end of 1971, there were 16 NGOS withCategory I status, 157 with Category II status and296 on the Roster.

Organizations in Categories I and II may send

1 See Y.U.N., 1968, pp. 647-52, text of resolution 1296(XLIV).

Documents

Chapter XX Human rights questions