Imagini ale paginilor

mission ought, in addition, to pay special attention to one specific subject and endeavor to discover just how well the world is observing and respecting that particular right.

The particular right which the Commission might study next year is of less importance to our delegation than the establishment of the program itself. The Commission might decide to take up each article of the Universal Declaration, one after another, and thus embark upon a 25-year plan. It might be more useful, in our opinion, for the Commission to begin, on an experimental basis, with some specific civil or political right that is fairly widely observed and is not involved in political controversy. The studies should not include topics which already are under consideration by some other organ of the United Nations or by one of the specialized agencies. For example, as its first subject, the Commission might select freedom of conscience and religion, the right to a fair trial, or freedom from arbitrary arrest and detention, or some other civil and political right which has not been, or is not being, considered elsewhere. These are merely suggestions, and other representatives may wish to suggest other subjects.

It is our thought that the Commission would require special assistance to do this kind of job well. In my opening statement, I had suggested that the Commission might appoint a rapporteur for this purpose. This was based on the long experience of the League of Nations and the more recent experiment of the Economic and Social Council in appointing a rapporteur to study the subject of freedom of information. After further consideration, and after consultation with other representatives of governments and organizations, our delegation concluded that it might be preferable to describe the person who would conduct this study in a somewhat different way and to provide for the appointment by the Secretary-General of an expert adviser for each study selected by the Commission. This expert adviser would be a person of high moral standing and of recognized competence in the particular subject selected-a person whose professional ability and whose objectivity would be beyond question. These are necessarily high qualifications but I feel confident that in every region of the world there are persons-scholars, jurists, statesmen-who could prepare a report such as we envisage on some particular subject and later assist the Commission in its consideration of the report.

The U.S. delegation proposes that the expert adviser on each subject should have access to a wide variety of information. This information would include information transmitted to the United Nations by member states, information published by the specialized agencies, information made available by nongovernmental organizations, and all other information in the possession of the SecretaryGeneral, including communications received by the United Nations concerning human rights.

The U.S. delegation recognizes that it is making a novel and significant proposal in suggesting that the expert adviser should have access to communications received by the United Nations. Our delegation suggests that the expert adviser should use these communications

only as part of the mass of raw material which will be available for his study. Using the techniques of the scholar, he would appraise the communications received on a particular subject against all the other information at his disposal. He would not, of course, undertake to review any particular case or report on it to the Commission. He would take account of only the communications of a responsible character, disregarding those which were obviously of purely propaganda nature, or which were written to serve some unique personal interest of its author. It is our thought that the expert adviser, after studying all this wide variety of material, starting with the vast collection already available in the Yearbook on Human Rights and working his way through official reports and private communications, would present the Commission with a digest of his findings. would be a personal report made on his own responsibility, as a specialist, for which neither the United Nations nor any member government would have official responsibility. The Commission would then discuss the report and perhaps formulate some general conclusions upon it.


In our view, neither the expert adviser nor the Commission would try to find fault with individual countries nor try to condemn individual countries for their shortcomings. We hope that the discussion of the reports will not degenerate into mutual recriminations. Their purpose, rather, will be-through the influence of publicity and public opinion to stimulate and induce improvement by each country. The emphasis should be on progress and on measures needed to advance progress, not on errors of omission and commission.

The third draft resolution (doc. E/CN.4/L.267/Rev. 1) proposes advisory services in the field of human rights. This draft resolution requires less explanation on my part, because it proposes the kind of technical assistance and advisory services that are already familiar to all the members of this Commission. In our view, the regular technical-assistance program of the United Nations in the field of public administration and the social-welfare advisory services should be used as models for this new and closely related program of advisory services in the field of human rights. This program would build upon those already suggested by the General Assembly in the field of freedom of information, by our Sub-Commission in the field of discrimination, and more recently by the Commission on the Status of Women.

Advisory services can take several forms. A country needing help can ask for the services of an expert or team of experts for a specific job. The job might be to draft laws to assure a free press, or to protect the interests of minority groups. Or the job might be to outline ways to bring newly enfranchised women to take a more active part in national and community affairs.

Some countries will need help in training young people seeking careers in the human-rights field. If the professional training is not available in their own country, the United Nations can help provide for study abroad through scholarships and fellowships.

Still another useful advisory service is the international seminar.

Under U.N. auspices, experts of a region can be brought together to exchange ideas, report on progress, and help each other in dealing with common problems.

The U.S. Government considers that respect for and observance of human rights can best be advanced through the processes of discussion, persuasion, education, and exchange of information. The progress already made by the United Nations and the specialized agencies in the use of technical assistance and advisory services in promoting economic and social development gives vitality to these international organizations and hope to millions of persons throughout the world. Our proposal would merely extend these techniques to the whole field of human rights. It would merely apply these proven techniques to a wider variety of subjects.

These activities could not and should not be carried on solely by the United Nations. They should be supplemented by similar activities by nongovernmental agencies. For this reason, our draft resolution. concludes by urging international and national nongovernmental organizations, universities, philanthropic organizations, and other private groups to supplement this U.N. program with similar programs designed to further the exchange of information and assistance in the field of human rights.

There is one problem, common to all three of our draft resolutions, that deserves careful consideration by the Commission-that is, the relation of these three proposals and, indeed, of any similar programs initiated by the Commission, to the work already being undertaken by other organs of the United Nations and by the specialized agencies. It is essential, of course, that there be a minimum of duplication of effort by these various bodies. Our delegation has tried to avoid any such duplication. It may well be, however, that we have not yet been entirely successful in this regard and we should welcome the suggestions of other representatives, the Secretariat, and the specialized agencies on this important and difficult point.

Mr. Chairman, I should like to conclude with the general observation that these draft resolutions are submitted by our delegation as the basis for a constructive program for the future of this Commission. These draft resolutions are necessarily tentative and incomplete in scope. They are designed to serve as a basis of discussion and as an outline of what, in our judgment, the Commission should do in the future to advance the cause of liberty to which its members are devoted. Our delegation now places these draft resolutions before the Commission for its consideration. I welcome the observations of other representatives, of the Secretariat, of the specialized agencies, and of the nongovernmental organizations; and I shall gladly attempt to revise these draft resolutions to accommodate the views or suggestions here expressed, so far as this can be done consistent with the underlying purposes of these resolutions.

These proposals have been drawn up in recognition of the values to which the Secretary of State, John Foster Dulles, referred in the letter which he wrote to me before I left the United States to attend this session of the Commission: "The value of bringing the facts to

the light of day,.. the value of common discussion of problems in the international forum of the Commission on Human Rights, and . . . the value of each country drawing on the experience of other countries for inspiration and practical guidance in solving its own problems." It is our profound hope that these draft resolutions will help to enable the Commission-and the world-to move forward toward the goals laid down in the charter and in the Universal Declaration of Human Rights. We believe that this three-point program can be effective in advancing human rights in our time.



U.N. doc. E/CN.4/L.266

Dated May 7, 1953

The Commission on Human Rights.

Recommends that the Economic and Social Council request the General Assembly to adopt the following resolution:

"The General Assembly

Considering that by Articles 55 and 56 of the Charter the Members of the United Nations have pledged to take joint and separate action to promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion;

Considering that the Universal Declaration of Human Rights sets forth the goals toward which all Members of the United Nations should strive in the promotion of human rights and that the Declaration has inspired governments and peoples in the writing of their constitutions and laws;

Desiring to advance as rapidly as possible respect for, and observance of, human rights and fundamental freedoms and to stimulate Member Governments to press forward toward attaining the goals set forth in the Universal Declaration of Human Rights;

Desiring to obtain from each Member of the United Nations information about developments and achievements in the field of

1 Department of State Bulletin, June 15, 1953, pp. 847-848.

These drafts were briefly discussed by the commission, then referred to the Economic and Social Council with the suggestion that they be forwarded to member states and to the specialized agencies for comments. Under Council Res. 501 C (XVI), several Members, ILO, and UNESCO made comments. The General Assembly in Res. 739 (infra) requested a continuation of the study of the draft resolutions and the preparation of recommendations for the Economic and Social Council. See Commission on Human Rights, Report of the Eleventh Session, 5-29 April 1955; Economic and Social Council, Official Records, Twentieth Session, Supplement No. 6 (E/2731 and Corr. 1), pp. 22-23.

human rights in its country and measures taken to safeguard human liberty; and

Bearing in mind the special responsibilities of other organs of the United Nations and of the Specialized Agencies in the promotion of human rights,

1. Recommends that each Member transmit each year to the Secretary-General a report on developments and achievements in the field of human rights in its country for consideration by the Commission on Human Rights, such report

(a) to summarize, or make reference to, any relevant portions of reports already submitted to another organ of the United Nations or to a Specialized Agency; and

(b) to give primary attention to the specific aspect of human rights currently selected for study by the Commission in accordance with Resolution ;

2. Recommends that each Member establish a national advisory committee, composed of experienced and competent persons, to assist its Government in the preparation of its annual report;

3. Requests the Secretary-General to prepare a brief summary and analysis of the annual reports upon a topical basis;

4. Recommends that the Economic and Social Council request the Commission on Human Rights to consider these annual reports and the Secretary-General's summary and analysis at the same time that it considers the studies submitted by the Expert Adviser appointed in accordance with Resolution, and to transmit to the Economic and Social Council such comments and conclusions thereon as it deems appropriate; and

5. Recommends that the Economic and Social Council make suitable arrangements with the Specialized Agencies to co-operate in carrying out this resolution and to avoid duplication of effort."


U.N. doc. E/CN.4/L.268

Dated May 7, 1953

The Commission on Human Rights

Desiring to strengthen the work of the United Nations for wider observance of, and respect for, human rights and fundamental freedoms on a world-wide basis;

Desiring to give special attention in future sessions to studies of specific aspects of human rights; and

Desiring to obtain for its consideration, a summary and analysis. of the information available from Member States, the Specialized Agencies, Non-Government Organizations, and other sources on specific aspects of human rights;

Bearing in mind the special responsibilities of the Specialized Agencies as regards certain human rights;

« ÎnapoiContinuă »