unitex@rubbs.fidonet.org (unitex) (09/12/89)
HUMAN RIGHTS: PROTECTION OF MINORITIES AND UNITED NATIONS STAFF MEMBERS
GENEVA, 30 August -- The Sub-Commission on Prevention of
Discrimination and Protection of Discrimination and Protection
of Minorities today continued consideration of its agenda
entitled: a) Question of Human Rights of Persons Subjected to
any Form of Detention or Imprisonment; and b) Question of Human
Rights and State of Emergency.
During the meeting, the Under-Secretary-General for Human
Rights, Jan Martenson, introduced the three items on the agenda
as follows: item 13 "on discrimination against indigenous
populations, item 14 regarding "slavery and the practices of
slavery", item 15 concerning the "promotion, protection and the
establishment of human rights at the national, regional and
international levels".
The Sub-Commission heard the introduction of several reports
which included: "the status of the individual and contemporary
international law" by Erica-Irene A. Daes; "the protection of
minorities" by Claire Palley; and "the protection of United
Nations staff members" by Concepci n Bautista.
Introduction of Reports
ERICA-IRENE DAES, expert from Greece, stressed that she received
the assistance of many governments, inter-regional institutions
and non- governmental organizations during the compilation of
her report. She observed that the assurance of protection of
persons was a legitimate concern of humanity as a whole. Human
rights did not arise from national jurisdiction. International
contemporary law was going through a period of transition which
should lead to the establishment of a new legal order in which
the individual would play an increasing role. She noted that
the object of international law was to protect the individual
from oppression, exploitation, neo-colonialism,
discrimination and apartheid. Although the controversy regarding
the status of the individual continued, such individuals had
rights and obligations and should be considered as a subject of
contemporary international law.
CLAIRE PALLEY, expert from the United Kingdom, presented her
report on the possible ways and means which the Sub-Commission
could institute to facilitate the resolution of situations in
which social, national, religious and linguistic minorities were
involved in accordance with item 15 of the agenda. She recalled
that minorities were hardly mentioned in any of the provisions
of peace treaties that brought the second world war to an end;
nor was anything mentioned about them in the United Nations
Charter on the Universal Declaration of Human Rights. No
definition of the term "minorities" had been adopted as at
present. It recalled in its resolution 1988/36 that the
Sub-Commission asked for a more concrete exploration of
envisaging the protection of minorities. It realized the
contrast that existed between the general principles stipulated
in article 27 of the Convention and the practice of fast
evolving states in areas such as autonomy and ethno-development
of minorities. In many areas of the world, the practice of
states was a far cry from the conception of the "protection of
minorities". Although autonomy was not expressly required by
article 27, it was a means to protect and promote linguistic,
religious and cultural rights and a further means of application
that seemed to be adaptable to a series of different political,
social and economic systems. Another remarkable aspect of
recent practice of states in this area concerned the recourse to
agreements with the groups concerned such as the plan for new
constitutional and legislative arrangements. The participation
and co-operation of minorities as well as majorities in the
conception of institutions designed to protect their respective
rights would probably be an important and decisive factor for
success in the long term.
CONCEPCION BAUTISTA, expert from the Philippines, emphasized
that international civil servants on mission should have the
guarantee of protection which the International Court of Justice
had in fact decided. It was necessary to have as much
information as possible on States where members of the United
Nations personnel were kidnapped or killed. The efforts of the
Secretary-General should continue in seeking response from the
States concerned with the United Nations taking more aggressive
measures to guarantee the immunity and protection of members of
its personnel. The United Nations should also take care of the
families of such victims. She recommended that the United
Nations give technical assistance to countries only where real
protection of international civil servants are guaranteed. She
raised grave concern over the fate of Colonel Higgins and Mr.
Mazilu.
Following the introduction of these reports, statements were made
by William Treat, expert from the United States; Danilo Turk,
expert from Yugoslavia; Luis Varela Quiros, expert from Costa
Rica; Abdillahi Ilkahanaf, expert from Somalia; Halima Embarel
Wazazi, expert from Morocco; Luis Gonzales, observer for
Paraguay; Abdul Ohman, observer for Malaysia; Sami Glaiel,
observer for Syria; Farouk Kasarawi, observer for Jordan; M.
Tuachi, observer for Japan; Bill Barker, observer for Australia;
Sang Ock Lee, Republic of Korea; Noer Wiranjuda, observer for
Indonesia; Ri Tcheul, observer for China; Nardos Work, observer
for Ethiopia; Jaime Stiglich, observer for Peru; Theodoor van
Boven, expert from the Netherlands; and Leandro Despouy, expert
from Argentina.
* Origin: UNITEX --> Toward a United Species (1:107/501)
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