[misc.headlines.unitex] HUMAN RIGHTS: PROTECTION OF MINORITIES AND UNITED NATIONS

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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