ECONOMIC AND SOCIAL PROGRESS AND HUMAN RIGHTS

The Subcommission limited its definition of the term "minorities" to include only nondominant groups which possess and wish to preserve stable ethnic, religious, or linguistic traditions or characteristics markedly different from those of the rest of the population. The Subcommission felt that such a minority group should include a number of persons sufficient by themselves to develop these characteristics. In particular, the Subcommission stressed that, in any definition of minorities, account should be taken of the undesirability of imposing unwanted distinctions upon individuals who do not wish to be treated differently from the rest of the population. The Subcommission expressed the view that minorities should in all instances be loyal to the state of which they are nationals.

In the resolution adopted concerning interim measures which should be taken for the protection of minorities, the Subcommission recommended that, in the interest of enabling recognized minority groups to maintain their cultural heritage when they desire to do so, member governments should provide, as a minimum, adequate facilities, in districts, regions, and territories where they represent a considerable proportion of the population, for

(1) the use before the courts of the languages of such groups, in cases where the member of the minority group does not speak or understand the language ordinarily used in the courts; and

(2) the teaching in state-supported schools of the languages of such groups, provided that the groups request this and that the request in reality expresses the spontaneous desire of the groups.

In reviewing these two resolutions the Commission on Human Rights decided to return them to the Subcommission for its further consideration in the light of additional information expected to be received from member governments concerning minorities in their countries.

A resolution designed to eliminate discrimination in educational establishments which was recommended by the Subcommission and approved by the Commission on Human Rights was adopted by the Economic and Social Council. This resolution expressed the belief that education plays a great part in the prevention of discrimination and that steps should be taken to eliminate such prejudices as may lead to acts of discrimination. In addition to recommending that member states adopt measures to be applied in educational establishments to eliminate discrimination, the resolution recommended that the United Nations Educational, Scientific and Cultural Organization give emphasis to practical educational activities which are likely to eradicate prejudice and discrimination, particularly bearing in mind the opportunities for progress in this respect through adult education.

2. International Covenant on Human Rights

The Commission on Human Rights in the spring of 1950 completed a draft of the International Covenant on Human Rights including for the first time provisions proposing the establishment of a permanent International Human Rights Committee for the implementation of the Covenant. This draft of the Covenant was limited to civil and political rights well known to the tradition and law of the United States and many other countries. They include the right to life; protection against torture, slavery, forced labor, and arbitrary arrest and detention; freedom of movement and residence; the right to leave a country and to return to one's country; the right to a fair and public hearing before an independent and impartial tribunal; protection against ex post facto laws; the right to recognition as a person before the law; freedom of religion, speech, assembly, and association; and equal protection under the law.

The draft Covenant is being prepared in the form of a treaty and when completed will be submitted to the General Assembly for approval. Thereafter, when ratified by 20 states, the Covenant would come into force and be legally binding on the countries which have ratified it. In contrast to the Covenant, the Universal Declaration of Human Rights, approved by the General Assembly in December 1948, was drafted not in the form of a treaty but in the form of a "declaration" setting forth a standard of achievement for all peoples and all nations. It accordingly is not a legally binding document, although it has strong moral force.

The new implementation, or enforcement, provisions of the proposed Covenant, as drafted at the 1950 session of the Commission on Human Rights, authorizes only states parties to the Covenant to file complaints with respect to violations of its provisions. A proposal to extend the right of complaint to nongovernmental organizations was rejected in the Commission by a vote of 7 against (Australia, Belgium, Egypt, France, Greece, the United Kingdom, the United States) and 4 in favor (Chile, India, Lebanon, Uruguay), with 3 abstentions (China, Denmark, Yugoslavia). Another proposal to extend the right of complaint to individuals was also rejected in the Commission by a vote of 8 against (Australia, Belgium, Chile, Egypt, France, Greece, the United Kingdom, the United States) and 3 in favor (India, Lebanon, Uruguay), with 3 abstentions (China, Denmark, Yugoslavia).

The implementation procedures which were approved by the Commission include provisions for the establishment of a permanent Human Rights Committee to consist of seven members who would

serve for a term of 5 years each. It is proposed that the members of the Committee be elected by states parties to the Covenant. Members of the Committee would be eligible for reelection. Each state would nominate from two to four persons of high standing and of recognized experience in the field of human rights to a panel, and the members of the Committee would be elected from this panel.

The draft provides that initially, if one state party to the Covenant considers that another state party to the Covenant is not giving effect to the provisions of the Covenant, it would call the matter to the attention of that state by a written communication, and that within 3 months after the receipt of this communication the receiving state would afford the complaining state an explanation or a statement in writing concerning the matter.

Further, it is provided in the present draft of the Covenant that, if the matter should not be adjusted within 6 months, either state would have the right to refer the matter to the Human Rights Committee but that the Committee would normally not deal with the matter referred to it if available domestic remedies have not been invoked and exhausted. If local remedies have been exhausted, the Committee, under the draft, would ascertain the facts and make available its good offices to the states concerned with a view to a friendly solution of the matter on the basis of respect for human rights as recognized in the Covenant. Finally, the draft specifies that in every case the Committee would within 18 months draw up a report which the United Nations would publish. If a solution of the matter is reached, the Committee would confine its report to a brief statement of the facts and the solution reached; and if a solution is not reached the Committee would state in its reports its conclusions on the facts.

With reference to economic and social rights, the Commission on Human Rights decided not to include economic and social articles in the Covenant but, instead, to postpone the consideration of such articles until its 1951 session. Consideration at that time would particularly be given to the extent to which other organs and specialized agencies within the framework of the United Nations are already taking action with respect to these rights.

When the draft Covenant was considered by the Economic and Social Council in the summer of 1950, the Council was of the opinion that the Covenant was not yet ready for final adoption by the General Assembly and, accordingly, asked the General Assembly to consider four broad policy aspects of the Covenant: (1) civil and political rights in the first 18 articles; (2) its application to federal states and territories; (3) whether economic and social rights should be included; and (4) implementation.

The General Assembly discussed the draft Covenant at its regular session in the fall of 1950. After commending the Commission on Human Rights for the important work accomplished to date, it called upon the Commission to continue to give priority to the completion of the draft Covenant and to submit a revised version of it to the 1951 Assembly.

With regard to the questions raised by the Economic and Social Council, the General Assembly requested the Commission on Human Rights (1) to take into consideration the views expressed concerning the draft Covenant in the 1950 session of the General Assembly and the Economic and Social Council; (2) to improve the wording of some of the articles of the Covenant; (3) to study and prepare recommendations relating to the inclusion of a federal-state article in the Covenant; (4) "to include in the Covenant a clear expression of economic, social, and cultural rights in a manner which relates them to the civic and political freedoms proclaimed by the Covenant;" (5) to take such steps as are necessary to obtain the cooperation of other organs of the United Nations and of specialized agencies in the consideration of economic, social, and cultural rights; and (6) to draft provisions in the Covenant or in separate protocols for the receipt and examination of petitions from individuals and organizations with respect to alleged violations of the Covenant.

The General Assembly also called upon the Commission on Human Rights to study ways and means which would insure the right of peoples and nations to self-determination and to prepare recommendations on this subject for the General Assembly.

3. Freedom of Information

Owing in part to the emergence of sharp differences in national points of view toward freedom of the press and in part to growing political tensions, the efforts of the United Nations to promote freedom of information have met with increasing resistance. Having made an auspicious start by convening the successful United Nations Conference on Freedom of Information in the spring of 1948, the General Assembly has since failed to consolidate the more ambitious recommendations of that conference in the form of legally binding conventions.

The General Assembly did succeed, after a very difficult debate, in adopting at its third session a convention intended to promote the widest dissemination of news by facilitating the work of foreign

correspondents and by establishing a simple mechanism by which governments may obtain publicity for corrections of erroneous news reports which are harmful to their international relations. This convention, the Convention on the International Transmission of News and the Right of Correction, has not yet been opened for signature, however, because of the strong feeling on the part of many delegations that it should be supplemented by a broader convention which would set forth the limitations which governments may impose on freedom of speech and of the press.

During the second part of its third session, the General Assembly attempted to draft this second convention, known as the convention on freedom of information, but gave up the attempt in the face of wide disagreement concerning the number and the scope of the restrictions which governments might impose on freedom of information. As originally conceived at the Conference on Freedom of Information, this convention would guarantee to the nationals of every contracting state freedom of expression without governmental interference. Under it, governments would agree not to control the use or availability of the facilities of mass communications in a manner discriminating against anyone on political grounds or on grounds of race, sex, language, or religion. Many delegations agreed that the numerous proposals for restrictive governmental controls which were suggested at the third session threatened to transform the convention on freedom of information into an instrument to legitimize restrictive governmental controls on this freedom. Accordingly, further action on the text was put off until the fourth session.

Prior to the opening of the fourth session, the Department of State consulted many foreign offices to ascertain whether there was any prospect of agreement on a more constructive text of the convention. These consultations indicated that agreement on such a text was no nearer than it had been in the third session. Accordingly, the United States Delegation to the fourth session urged postponement of further action on this convention until the fifth session in order to give the Commission on Human Rights an opportunity to include provisions on freedom of information in the draft International Covenant on Human Rights. This proposal was accepted after a spirited debate.

When the fifth session of the General Assembly opened in September 1950, it had under consideration a draft of the international covenant on Human Rights, including an article on freedom of information which was considered generally satisfactory from the point of view of the United States. However, pursuant to the recommendations of the Economic and Social Council, the General Assembly de