Press Release HR/648 Page 4
The Human Rights Commission was asked to request the Economic and Social Council to authorize Mrs. Nicole Questiaux, member from France, to continue the study of the human rights of persons subjected to any form of detention or imprisonment in a state of många or Murgency, and to roport to the Sub-- Commission at its next session.
The Sub-Commission also decided to request the Secretary-General to prepare and submit to the Sub-Commission at its next session a preliminary study with regard to measures and conditions seen as essential to ensure and secure "the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, to the end that there shall be no discrimina- tion in the administration of justice".
Peoples under Colonial and Alien Domination
Two draft resolutions were approved under an item concerning self-determination. of peoples under colonial and alien domination.
In the first resolution, the Sub-Commission expressed appreciation for a report on the implementation of United Nations resolutions relating to the right of peoples under colonial and alien domination to self-determination. It requested the Secretary-General to co-operate with the Special Rapporteur, Hector Gros Espiell, in preparing the text for publication and wide dissemination.
The Special Rapporteur was also entrusted with preparation of the preliminary draft of an international instrument concerning the implementation of the right to self-determination.
Another resolution called on all United Nations Member States "to observe faithfully their obligation under the United Nations Charter and relevant United Nations resolutions and assist the countries and peoples under colonial or alien domination or foreign occupation to exercise the right to self- determination". It urged all States and international organizations to extend their support to such countries and peoples.
In his study, Mr. Cros Espiell recommended the adoption of appropriate conventions defining the international responsibility of persons who commit serious criminal acts with the object of establishing or maintaining colonial or alien domination by force. Hr. Gros Espiell also recommended that a declaratory resolution should be drafted for adoption by the General Assembly to systematize, codify and update all the various matters pertaining to this subject.
Right to Self-Determination
The Sub-Commission decided to transmit to the Human Rights Commission a report on "the historical and current development of the right of peoples to self- determination on the basis of the Charter of the United Nations and other instruments adopted by United Ilations organs, with particular reference to the promotion and protection of human rights and fundamental freedons". It recommended that the report should be submitted to the General Assembly, and that it should be printed and given the widest possible distribution.
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Press Release HR/648 Page 5
The report (document E/CN.4/Sub.2/404) prepared by Special Rapporteur, Aureliu Cristescu, emphasizes that great differences in the economic conditions of countries have a negative influence upon the exercice of the right to self- determination. Binding rules and special programmes of action should be elaborated for the establishment of a New International Economic Order. Developed countries should co-operate to assure social and economic progress in the developing countries, and the United Nations should support all efforts to bring about structural changes and to eliminate social inequalities and discrimination, the report states.
Assistance to Racist Regimes in Southern Africa
A "provisional general list" identifying banks, companies and others whose activities constitute assistance to the racist regimes in southern Africa (document E/CN.4/Sub.2/415) was submitted by Ahmed Khalifa, expert from Egypt and Special Rapporteur on foreign assistance to the racist regimes.
The Sub-Commission asked Mr. Khalifa to present a final version of the report to the Sub-Commission next year and called upon the Secretary-General to commur.icate the report, after its revision, to relevant Governments and request their comments. In the resolution approved without debate or vote, the Sub-Commission also referred the report to the Commission on Human Rights.
The provisional general list identifies 58 banks of Austria, Belgium, Canada, France, Federal Republic of Germany, Israel, Italy, Japan, Luxembourg, Netherlands, Portugal, Switzerland, United Kingdom and United States. A total of 1,351 companies are listed, from Argentina, Australia, Austria, Belgium, Brazil, Canada, France, Federal Republic of Germany, Greece, Iran, Israel, Italy, Japan, Luxembourg, Monaco, Netherlands, Norway, Spain, Sweden, Switzerland, United Kingdom and United States.
The introduction to the list recalls that in previous sessions, it was stated by most of the speakers that the racist regimes in southern Africa would not have lasted so long without moral and material support from certain members of the international community and economic assistance from transnational corporations. The only way to resolve the grave situation in southern Africa was to impose a complete arms enbargo and economic sanctions against the colonial regimes. The international community should press countries and institutions to stop any form of commercial co-operation with South Africa; without outside support the South African economy could not be as healthy as it
was.
The mandate given to fir. Khalifa by the Sub-Commission was based on Commission of Human Rights resolution 7(XXXIII) which requested the preparation of "the necessary material for a provisional general list identifying those individuals, institutions, including banks, and other organizations or groups, as well as representatives of States, whose activities constitute political, military, economic or other forms of assistance to the colonial and racist regimes in southern Africa."
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Press Release HR/640 Page 6
Economic Aid to Chile
Following the instructions given previously by the Commission, the Sub- Commission transmitted to the General Assembly a report prepared by Rapporteur Antonio Cassese of Italy on the impact on human rights in Chile of foreign economic assistance (document E/CH.4/Sub.2/412, Vols. I to IV).
The report was sent on together with a summary of the debate, in which a number of Sub-Commission members raised questions about the report.
In his report, Mr. Casse se expressed the view that foreign assistance - had served to prop up the Chilean economic system which is based on repression of human rights, and that such assistance had therefore served to perpetuate repression of rights. The assistance to Chile by Governments, the World Bank and more recently by commercial banks, Mr. Cassese contended, supports a free- market economiy with ninirel State intervention in the social sphere which "by its very nature" favours a small elite and sacrifices the needs of the majority affecting their rights to work, to adequate food, health, housing and education.
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The Rapporteur suggested that Governments and multilateral agencies such as the World Bank should adopt restrictive policies on assistance; that action be taken to regulate private lending and to establish codes of conduct for foreign business operating in Chile; and that the General Assembly consider recommending Government actions to prevent investments there.
The report states that "whenever a recipient State adopts a repressive policy that results in gross disregard of civil and political as well as economic, social and cultural rights, the preliminary condition for making foreign economic assistance truly advantageous to the population of that State is a basic reorientation of the general policy of the Government, and full resto- ration of all the basic human rights and fundamental freedoms".
Human Rights Situation in Democratic Kampuchea
The Sub-Commission decided to ask one of its members to analyze materials and information submitted to it concerning the human rights situation in Democratic Kampuchea.
The analysis of information - including at least of 1,000 pages of documents containing testimony about alleged human rights violations - is to be presented to the Commission on Human Rights at its next session, beginning on
12 February 1979, "with the recommendation that the Commission give the matter highest priority" at that session.
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