Article VI

States parties shall assure to everyone within their jurisdiction effective protection and remedies through the competent national tribunals against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.

Article VII

States parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education and information, with a view to combating prejudices which lead to racial discrimination and to promote understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, and the United Nations Declaration on the Elimination of All Forms of Racial Discrimination.

Document II-41

Draft Declaration on the Elimination of All Forms of Religious Intolerance: RESOLUTION 1015 C (XXXVII), ADOPTED BY THE U.N. ECONOMIC AND SOCIAL COUNCIL, JULY 30, 1964 29

The Economic and Social Council,

Having considered resolution 2 (XX) of the Commission on Human Rights,

30

Having noted the report of the working party set up by the Commission on Human Rights for the purpose of preparing a draft declaration on the elimination of all forms of religious intolerance,

Noting that the Commission, in the terms of preambular paragraph 5 of its resolution 2 (XX), could not study and approve a draft declaration on the elimination of all forms of religious intolerance for lack of time,

Recalling the terms of General Assembly resolution 1781 (XVII) of 7 December 1962 by which the General Assembly requested the Economic and Social Council to ask the Commission on Human Rights to prepare the above-mentioned draft,31

Having considered the various opinions expressed on this matter at the Council during its thirty-seventh session,

1. Expresses its high appreciation to the Commission on Human Rights for the work it has been able to achieve, although the difficulties encountered have not enabled it to complete this work within the term given in resolution 1781 (XVII) of the General Assembly; 2. Decides to refer to the General Assembly resolution 2 (XX) of the Commission on Human Rights, together with the documents therein mentioned, as well as the records of the debate held on this

29 U.N.doc. E/3970, p. 17. This resolution was adopted by a vote of 9 to 0, with 9 abstentions.

30 Ibid., E/3873, par. 303.

Cited in American Foreign Policy: Current Documents, 1962, p. 182; it requested that the draft declaration be submitted to the 19th General Assembly, if possible, and, in any case, not later than the 20th General Assembly.

subject at the thirty-seventh session of the Economic and Social Council; 32

3. Suggests to the General Assembly that it take a decision at its nineteenth session on the further course to be followed on this matter.33 1338th plenary meeting.

Document II-42

Measures To Implement the United Nations Declaration on the Elimination of All Forms of Racial Discriminaton: RESOLUTION 1016 (XXXVII) ADOPTED BY THE U.N. ECONOMIC AND SOCIAL COUNCIL, JULY 30, 1964 3

The Economic and Social Council,

Having considered the report of the Secretary-General on the measures for implementation of the United Nations Declaration on the Elimination of all Forms of Racial Discrimination,35

Believing that the principles contained in this Declaration should be put into effect as completely and speedily as possible,

Noting that some countries have taken positive steps towards eliminating all forms of racial discrimination,

Recalling that the Declaration called for the prosecution and/or outlawing of organizations which promote or incite to racial discrimination,

I

Recommends to the General Assembly the adoption of the following draft resolution: 36

"The General Assembly,

"Having considered the question of the implementation of the United Nations Declaration on the Elimination of all Forms of Racial Discrimination,

"Noting that racial discrimination still continues to exist in some countries in spite of the decisive condemnation of it by the United Nations,

"Recognizing that in order to put into effect the purposes and principles of the Declaration, all States shall take immediate and positive measures, including legislative and other measures, to prosecute and/or outlaw organizations which promote or incite to racial discrimination, or incite to or incite to or use violence for purposes of discrimination based on race, colour or ethnic origin,

U.N. docs. E/AC.7/SR.490-496 and 500; E/SR.1338. *During the 1964 portion of the 19th General Assembly, this matter was not brought to a vote due to the no-voting agreement (see ante, doc. II-25). "U.N.doc. E/3970, pp. 18-19. This resolution was adopted unanimously. * Ibid., A/5698 and Corr. 1, Add. 1, Add. 1/Corr. 1, Add. 2-4.

"During the 1964 portion of the 19th General Assembly, this matter was not brought to a vote due to the no-voting agreement (see ante, doc. II-25).

"1. Calls upon all States in which racial discrimination is practised to take urgent effective steps, including legislative measures, to implement the Declaration;

2. Requests the States where organizations are promoting, or inciting to, racial discrimination to take all necessary measures to prosecute and/or outlaw such organizations;

"3. Requests the Secretary-General to submit to the General Assembly at its twentieth session a report on the progress made in the implementation of the United Nations on the Elimination of all Forms of Racial Discrimination;

"4. Decides to include the question "Measures to implement the United Nations Declaration on the Elimination of all Forms of Racial Discrimination" in the agenda of its twentieth session";

II

Decides to include the question "Measures taken in the implementation of the United Nations Declaration on the Elimination of all Forms of Racial Discrimination" in the agenda of the thirty-ninth session of the Economic and Social Council.

Document II-43

1338th plenary meeting.

Designation of December 10, 1964, as Human Rights Day: PROCLAMATION NO. 3631 ISSUED DECEMBER 1, 1964 37

H. Trusteeship, Self-Determination, and the Question of Colonialism

Document II-44

Territories Under Portuguese Administration: RESOLUTION ADOPTED BY THE SPECIAL COMMITTEE ON THE SITUATION WITH REGARD TO THE IMPLEMENTATION OF THE DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES, JULY 3, 1964 1

The Special Committee,

Recalling the Declaration on the granting of independence to colo

29 Fed. Reg. 16243; Department of State Bulletin, Dec. 21, 1964, p. 887. The proclamation designated the week Dec. 10-17 as Human Rights Week.

1U.N. doc. A/AC.109/90 (text as printed in U.N. doc. A/5800/Add. 3, pp. 115116). This resolution was adopted by a vote of 20 to 0, with 4 (U.S.) abstentions. The Special Committee, often referred to as the Committee of 24, was established in 1961 as a Committee of 17 nations (see American Foreign Policy: Current Documents, 1961, pp. 171–172) and enlarged in 1962 to a membership of 24.

The U.S. abstention was based on the belief that this resolution would not bring any fundamental improvement in the situation in the Portuguese Territories and that such an improvement depended principally upon pursuit of an understanding between Portugal and the African states.

nial countries and peoples contained in General Assembly resolution 1514 (XV) of 14 December 1960,2

Recalling General Assembly resolutions 1542 (XV) of 15 December 1960,3 1699 (XVI) of 19 December 1961, 1742 (XVI) of 30 January 1962, 1807 (XVII) of 14 December 1962, 1810 (XVII) of 17 December 1962, 1819 (XVII) of 18 December 1962, and 1913 (XVIII) of 3 December 1963,

Recalling Security Council resolutions S/4835 of 9 June 1961,1o S/5380 of 31 July 1963,11 and S/5481 of 11 December 1963,12

Having reviewed the situation in the Territories under Portuguese administration in the context of the relevant resolutions of the General Assembly and the Security Council.

Noting with concern the activities of foreign economic and other interests in the Territories under Portuguese administration which are detrimental to the political aspiration of the indigenous people, Having heard the petitioners,

Noting that the Secretary-General has submitted a report (S/5727) to the Security Council 13 in accordance with the Council's resolution of 11 December 1963,

Expressing its appreciation of the Secretary-General's continued efforts to establish contacts between the parties concerned,

1. Deplores that Portugal has not taken any effective steps to implement the resolutions of the General Assembly and the Security Council;

2. Condemns strongly the Government of Portugal for its continued refusal to implement the Declaration on the granting of independence to colonial countries and peoples contained in resolution 1514 (XV), contrary to its obligations under the Charter of the United Nations; 14

3. Reaffirms that for a peaceful solution of the problem of the Territories under Portuguese administration, which, as the Security Council has determined is seriously disturbing peace and security in

Text in American Foreign Policy: Current Documents, 1960, pp. 110-111. Ibid., pp. 119-120.

Ibid., 1961, pp. 175–176.

Ibid., 1962, pp. 949-950.

'Ibid., pp. 198-200.

7

Text in U.N. General Assembly Official Records, Seventeenth Session, Supplement No. 17 (A/5217), pp. 72-73.

Text in American Foreign Policy: Current Documents, 1962, pp. 954–955. Ibid., 1963, pp. 160-161.

10 Ibid., 1961, pp. 888-889.

13

" Ibid., 1963, pp. 158–160.

"Ibid., pp. 161–162.

"In the report, dated May 29, 1964, the Secretary-General indicated that he had not received any information from the Government of Portugal concerning any steps taken to implement the Security Council resolutions.

"In a separate roll-call vote taken on operative par. 2 of the resolution, the vote was 16 to 3 (U.S.), with 4 abstentions. The United States objected to the departure from custom in condemning the Government of Portugal rather than the policies it followed.

Africa, it is necessary that Portugal implement the measures laid down in the resolutions of the General Assembly and the Security Council, and in particular, those contained in Security Council resol tion of 31 July 1963, namely:

(a) The immediate recognition of the right of the peoples of the Territories under its administration to self-determination and independence;

(b) The immediate cessation of all acts of repression and the withdrawal of all military and other forces at present employed for that purpose;

(c) The promulgation of an unconditional political amnesty and the establishment of conditions that will allow the free functioning of political parties;

(d) Negotiations, on the basis of the recognition of the right to self-determination, with the authorized representatives of the political parties within and outside the Territories with a view to the transfer of power to political institutions freely elected and representative of the peoples, in accordance with resolution 1514 (XV);

(e) The granting of independence immediately thereafter to all the Territories under its administration in accordance with the aspirations of the peoples;

4. Draws the immediate attention of the Security Council to the deteriorating situation in the Territories under Portuguese administration with the view to its taking appropriate measures to secure compliance by Portugal with the relevant resolutions of the General Assembly and the Security Council;15

5. Requests the Secretary-General to transmit this resolution and the records of the debates on this question to the Security Council;16

6. Further requests the Secretary-General to invite the High Commissioner for Refugees and the specialized agencies concerned to consider the possibility of extending medical and other assistance to the increasing numbers of refugees from Territories under Portuguese administration;

7. Requests Sub-Committee I of the Special Committee, with the assistance of the Secretary-General, to study the activities of foreign economic and other interests, which are impeding the implementation of the Declaration on the granting of independence in the Territories under Portuguese administration;'

.17

8. Decides to maintain this item on its agenda.

15 In a separate roll-call vote taken on operative par, 4 of the resolution, the vote was 19 to 2 (U.S.), with 2 abstentions. The United States felt the question should not be referred to the Security Council again until the results of further possible talks between Portugal and the African states were known.

10 The Secretary-General transmitted the resolution to the Security Council under date of July 8, 1964 (S/5803). The question was not debated in the Security Council.

"In a separate roll-call vote taken on operative par. 7 of the resolution, the vote was 18 to 2 (U.S.), with 3 abstentions. The United States questioned the assumption that foreign investment impeded political progress.