E/CN.4/1503 page 18
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the law was often misused to dispossess and/or expel communi- ties, to institutionalize racial or economic discrimination and to make it impossible for parts of the population to continue The only to live in their country of habitual residence. recourse "to rebellion against tyranny and oppression" (Preamble to Declaration of Human Rights) was to leave and seek opportunities elsewhere. The reports and/or summary records of the Commission on Human Rights, of its Sub-Commission on Prevention of Discrimination and Protection of Minorities,
of the International Committee of the Red Cross (ICRC) and of
Amnesty International, as well as those of other bodies dedi- cated to upholding human rights, amply document these state-
ments of fact.
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37.
It is important to point out that the Declaration was violated also when the rule of law failed to be applied
to groups who were not necessarily citizens of the country or to the stateless. "Everyone" is entitled to the rights and freedoms listed in the other articles, and no distinction is to be made among people due to their national or social origin, property, birth or other status". Further, the status of the sovereign authority of the country or territory to which a
person belongs is irrelevant to an individual's claim to enjoyment of human rights.
38.
Member States, in the Declaration's Preamble, have
"pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms". Would exodus have reached such proportions if this noble statement of intent had
been adhered to?
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