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Economic, Social and Cultural Rights

During the 1991 sessions of UN human rights bodies, the less developed nations continued to press claims to economic, social and cultural "rights,” stressing in particular the so-called "right to development." In general, it is the view of the United States that economic, social and cultural progress is an important goal of governments' economic and social policies to be achieved progressively, in contrast to civil and political rights that by nature should be granted immediately as inherent rights of the individual.

The Human Rights Commission considered an agenda item on the "Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights." A separate agenda item specifically addressed the "right to development."

Resolution 1991/15 reaffirmed the importance of the right to development, requested the Secretary General to submit concrete proposals on implementation of the Declaration on the Right to Development, and called on the 1993 World Conference on Human Rights to have the right to development as one of its major themes. The United States called for a vote on the resolution, which was adopted by a vote of 40 to 1 (U.S.), with 2 abstentions (Japan, Germany). The United States made an explanation of vote reiterating its position on the so-called right to development. Resolution 1991/13, on the right to enjoy an adequate standard of living and implementation of the Declaration on the Right to Development, was adopted by a vote of 31 to 2 (U.S.), with 9 abstentions. The United States again made an explanation of its position on such rights.

The United States continued its initiative on "Respect for the right of everyone to own property alone as well as in association with others and its contribution to the economic and social development of member states." Resolution 1991/19 requested the Chairman to appoint an independent expert to prepare a study on how the right to own property contributes to the development of individual liberty and initiative, thereby enhancing the exercise of other human rights and fundamental freedoms. It was adopted without a vote.

The Commission adopted three other resolutions without a vote. Resolution 1991/12 was on popular participation as an

important factor in development of the full realization of all human rights. Resolution 1991/14 dealt with the relationship between extreme poverty and enjoyment of human rights. Resolution 1991/18 generally addressed the study of special problems faced by the developing countries in the realization of economic, social and cultural rights.

ECOSOC confirmed all of the above resolutions at its spring session.

The General Assembly generally considers economic, social and cultural issues under the agenda item entitled “Alternative approaches and ways and means within the UN system for improving the effective enjoyment of human rights and fundamental freedoms." Resolution 46/117, bearing this title, was adopted by a vote of 123 to 2 (U.S.), with 34 abstentions; it maintained that the right to development is an inalienable human right and that equality of development opportunities is a prerogative of both nations and individuals. Resolution 46/123, on the right to development and mechanisms for evaluating implementation of the Declaration on the Right to Development, was adopted without a vote. The United States did not participate in adoption of this resolution, and stated its position that questions of development should be considered in other UN forums, not in those dealing with human rights. Resolution 46/121, on human rights and extreme poverty, was adopted by consensus.

Human Rights Institutions and
Mechanisms

The Human Rights Commission adopted a number of resolutions on institutions and mechanisms for the promotion and protection of human rights and fundamental freedoms, all by

consensus.

Three of the resolutions dealt with the Center for Human Rights. Resolution 1991/22 stressed the importance of the Center's role in coordinating the various UN bodies dealing with human rights. Resolution 1991/23 noted the growing volume of demands being placed on the Center's personnel and resources and the need for ensuring sufficient resources. In an explanation of position, the United States, while recognizing the importance of the Center's activities, suggested that sufficient resources could best be ensured through efficient use of its existing resources and redeployment of resources from elsewhere in the UN system. Resolution 1991/24 stressed the need to promote public information activities to increase awareness of human

rights and fundamental freedoms and requested the Center to take a coordinating role.

Resolution 1991/25 addressed the need to ensure the human rights of internally displaced persons, while resolution 1991/26 called for greater international cooperation in solving problems of a social, cultural or humanitarian nature. Resolution 1991/29 dealt with persistent acts of violence by armed groups and drug traffickers and the resulting impact on enjoyment of human rights and fundamental freedoms.

Resolution 1991/27 noted the important role of national institutions in the protection and promotion of human rights and recognized the constructive role nongovernmental organizations can play in that regard. Resolution 1991/28 noted regional arrangements for the promotion and protection of human rights in the Asian-Pacific region.

Resolution 1991/31 highlighted the effectiveness of the thematic special rapporteurs and the Working Group on Disappearances and called for governments to give greater cooperation to the Commission's thematic procedures.

The only contentious issue raised regarding the resolutions on mechanisms and institutions concerned a draft proposed by Cuba entitled "Strengthening of UN action in the field of human rights through the promotion of international cooperation and the importance of non-selectivity, impartiality and objectivity." Particularly objectionable was a paragraph on the obligation of a state regarding enforcement of its own domestic legislation. The United States spoke strongly in favor of a proposed amendment to ensure that the paragraph could not be interpreted as sanctioning enforcement of domestic legislation that permitted human rights abuses. The amendment, which inserted "in conformity with those instruments" after the reference to domestic legislation, was adopted, and the resolution was then adopted without a vote.

Free Elections and Electoral Assistance

Since 1988 the United States has been promoting a high-profile initiative on enhancing the effectiveness of the principle of periodic and genuine elections. As a result of President Bush's call for a UN electoral assistance mechanism in his 1990 address to the General Assembly, promotion of a formal mechanism by which the United Nations could provide electoral assistance at the request of member states was added to the U.S. initiative.

At the 46th General Assembly, the U.S. Delegation proposed a resolution endorsing the Secretary General's suggestion that

he should designate a senior official in his office to act as focal point in handling requests of states requesting such electoral assistance. The resolution was adopted by a vote of 134 (U.S.) to 4, with 13 abstentions. (Resolution 46/137.)

International Human Rights
Instruments

The Human Rights Commission annually examines progress made in the drafting of conventions or declarations on human rights topics as well as the status of existing conventions and other international human rights instruments.

Human Rights Defenders

In 1984 the Commission established an open-ended working group to draft a "Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms," frequently called the "Human Rights Defenders Declaration." Work on the draft declaration continued during 1991. In resolution 1991/63, cosponsored by the United States and adopted by consensus, the Commission recognized the significant progress made during the 1991 working group sessions. It decided to make appropriate time available to the working group to continue its drafting prior to and during the 48th UNHRC.

Rights of Minorities

Work continued on a draft Declaration on the Rights of Persons Belonging to National, Ethnic, Religious and Linguistic Minorities, which began in 1978 with the creation of an openended working group to draft a declaration on that subject. By consensus, the Commission recommended that the working group meet again before and during the Commission's 48th session and urged that the second reading of the draft declaration be completed as soon as possible. At its first regular session, ECOSOC adopted decision 1990/146, which approved the Commission decision. The General Assembly, in decision 45/434, decided by consensus to defer consideration of this topic until the draft declaration had been completed.

The status of the international covenants on human rights was addressed by the 47th Commission in four consensus resolutions. Resolution 1991/16 was a general resolution that called upon more states to become parties to the Covenants and urged governments to give the widest possible distribution to them. The other three resolutions called on states to become parties to

the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Resolution 1991/35), the Convention on the Rights of the Child (Resolution 1991/52), and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Resolution 1991/60).

The General Assembly likewise adopted all of its five resolutions on this subject without a vote.

Two emphasized the importance of the international instruments and covenants, urged states to become parties to them, and urged states parties to meet the obligations undertaken. (Resolutions 46/111 and 46/113.) Other resolutions addressed the status of the Convention on the Rights of the Child (Resolution 46/112) and the Migrant Workers Convention (Resolution 46/114). Resolution 46/115 reviewed and urged early completion of the declaration on the rights of persons belonging to minorities.

Rights of the Child

The 47th Human Rights Commission instituted a new agenda item to deal with the rights of the child. The status of the Convention on the Rights of the Child was cited above. In addition, the Commission received a report from the special rapporteur on the sale of children, child prostitution and child pornography and adopted a resolution on the report by consensus. (Resolution 1991/53.) In an explanation of position, the United States noted the report's repetition of rumors and allegations on the sale of Third World children as a source of "baby parts" and reiterated that these rumors and allegations had never been substantiated, despite extensive investigation.

Also under this agenda item were two resolutions, adopted without a vote, concerning the Draft Program of Action for the Elimination of the Exploitation of Child Labor. Resolution 1991/ 54 seeks comments from governments and specialized agencies on the draft program of action. Resolution 1991/55 requested the Subcommission make appropriate amendments based on the comments received.

Advisory Services

The Secretary General reports to the Human Rights Commission annually on the Human Rights Advisory Services Program, based on General Assembly resolution 926 (X) adopted in 1955. At the 47th session of the Commission, four resolutions were

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