Path: utzoo!attcan!uunet!philmtl!philabs!ccnysci!unitex@rubbs.fidonet.org From: unitex@rubbs.fidonet.org (unitex) Newsgroups: misc.headlines.unitex Subject: HUMAN RIGHTS: PROTECTION OF MINORITIES AND UNITED NATIONS Message-ID: <3001@ccnysci.UUCP> Date: 12 Sep 89 04:33:28 GMT Sender: patth@ccnysci.UUCP Lines: 112 Approved: patth@sci.ccny.cuny.edu 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) --- Patt Haring | UNITEX : United Nations patth@sci.ccny.cuny.edu | Information patth@ccnysci.BITNET | Transfer Exchange -=- Every child smiles in the same language. -=-