INTERNATIONAL COURT OF JUSTICEINTERPRETATION AND APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATIONOF ALL FORMS OF RACIAL DISCRIMINATION(THE STATE OF QATAR v.THE UNITED ARAB EMIRATES)MEMORIAL OF THE STATE OF QATARANNEXES 70-101VOLUME III25APRIL2019
VOLUME III
ANNEXES 70 - 101
United Nations Documents
Annex 70 United Nations, Official Records of the General Assembly, Eighteenth Session, Third Committee, document A/C.3/SR.1214
(27 September 1963)
Annex 71 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session, document E/CN.4/Sub.2/L.321 (17 January 1964)
Annex 72 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Report of the Sixteenth Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights,
document E/CN.4/Sub.2/L.345/Add.4 (30 January 1964)
Annex 73 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session, document E/CN.4/Sub.2/SR.408 (5 February 1964)
Annex 74 United Nations, Official Records of the Economic and Social Council, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session, document E/CN.4/Sub.2/SR.411
(5 February 1964)
Annex 75 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Report of the Sixteenth Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights, document E/CN.4/873, E/CN.4/Sub.2/241 (11 February 1964)
Annex 76 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Twentieth Session, document E/CN.4/L.679 (17 February 1964)
Annex 77 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Report on the Twentieth Session, document E/3873, E/CN.4/874 (1964)
Annex 78 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Twentieth Session, document E/CN.4/SR.809 (14 May 1964)
Annex 79 United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session, document E/CN.4/Sub.2/SR.427 (12 February 1964)
Annex 80 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1299 (11 October 1965)
Annex 81 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1304 (14 October 1965)
Annex 82 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/L.1237 (15 October 1965)
Annex 83 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1307 (18 October 1965)
Annex 84 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1313 (21 October 1965)
Annex 85 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/L.1272 (1 November 1965)
Annex 86 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1344
(16 November 1965)
Annex 87 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1345
(17 November 1965)
Annex 88 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/L.1291
(18 November 1965)
Annex 89 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/L.1313
(30 November 1965)
Annex 90 United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee, document A/C.3/SR.1367
(7 December 1965)
Annex 91 United Nations, Official Records of the General Assembly, Twentieth Session, Draft International Convention on the Elimination of All Forms of Racial Discrimination, Report of the Third Committee,
document A/6181 (18 December 1965)
Annex 92 International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195 (21 December 1965)
(entered into force 4 January 1969) (authentic English text)
Annex 93 Human Rights Committee, CCPR General Comment No. 15:
The Position of Aliens Under the Covenant (11 April 1986)
Annex 94 Twitter Post, Regarding Discrimination on Nationality,
@UNHumanRights (30 January 2017 at 3:47 a.m.)
Annex 95 OHCHR, Demand for Qatar to close Al-Jazeera “a major blow to media pluralism”- United Nations expert (28 June 2017),
available at https://www.ohchr.org/FR/NewsEvents/Pages/Display News.aspx?NewsID=21808&LangID=E
Annex 96 OHCHR, Qatar diplomatic crisis: Comment by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on impact on human rights (14 June 2017), available at https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21739…
Annex 97 Joint Communication from Special Procedures Mandate Holders of the Human Rights Council to the United Arab Emirates, document UA ARE 5/2017 (18 August 2017)
Annex 98 OHCHR Technical Mission to the State of Qatar, Report On the impact of the Gulf Crisis on human rights (December 2017), available at
http://nhrc-qa.org/wp-content/uploads/2018/01/OHCHR-TM-REPORT-ENGLISH.p…
Annex 99 Letter from the United Nations High Commissioner for Human Rights to the Permanent Mission of the United Arab Emirates to the United Nations (29 June 2018)
Annex 100 Letter from the United Nations High Commissioner for Human Rights to the Minister of Foreign Affairs and International Cooperation of the United Arab Emirates (7 August 2018)
Annex 101 OHCHR, Press briefing note on United Arab Emirates (4 January 2019)
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United Nations, Official Records of the General Assembly, Eighteenth Session, Third Committee,
document A/C.3/SR.1214 (27 September 1963)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights,
Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session,
document E/CN.4/Sub.2/L.321 (17 January 1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights,
Sub-Commission on Prevention of Discrimination and Protection of Minorities, Report of the Sixteenth Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights, document E/CN.4/Sub.2/L.345/Add.4
(30 January 1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session,
document E/CN.4/Sub.2/SR.408 (5 February 1964)
Distr.GENERALUNITED NATIONSECONOMICANDSOCIAL COUNCILE/CN.4/Sub.2/SR.4o9 5 February 1964 ENGLISHORIGINAL: FRENCHCOMMISSION ON HUMAN RIGHTSSUB-COMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIESSixteenth SessionSUMMARY RECORD OF THE FOUR HUNDRED AND EIGHTH MEETINGHeld at Headquarters, New York, on Tuesday, 14 January 1964, at 3.15 p.m.CONTENTSDraft international convention on the elimination of all forms of racial discrimination (e/CN.4/Sub.2/234; E/CN.4/Suh.2/L-308 and Add.l, L.309) (continued)64-02515/
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E/CN.4/Sub.2/SR.408EnglishPage 2PRESENT:Chairman:Mr. SANTA CRUZ(Chile)Rapporteur:Mr. CAPOTORTI(Italy)Members :Mr. ABRAM(United States of America)Mr. CALVOCORESSI(United Kingdom of GreatBritain and Northern Ireland)Mr. CUEVAS CANCINO(Mexico)Mr. INGLES(Philippines)Mr. IVANOV(Union of Soviet Socialist Republics)Mr. KETRZYNSH(Poland)Mr. KRISHNASWAMI(India)Mr. MATSCH(Austria)Mr. MUDAWI(Sudan)Mr. SAARIO(Finland)Observers from Member States:Mr. IEMACongo (Leopoldville)Mr. SAJJADIndiaMr. EARROMEIsraelMr. SCHAAPVELDNetherlandsMr. QUIMBAOPhilippinesMr. MATSEIKOUkrainian Soviet Socialist RepublicMr. ELMENDORFUnited States of AmericaMr. MELOVSKIYugoslaviaRepresentativesof specialized agencies:Mr. FARMAN-FARMAIANInternational Labour OrganisationMr, 5A1SAMENDI)Miss BARRETT )United Nations Educational, Scientific and Cultural OrganizationSecretariat :Mr. HUMPHREYDirector, Division of Human RightsMr. LAWSONSecretary of the Sub-Commission/•
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E/CN.4/Sub.2/sr.4o8English Page 3DRAFT INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (E/CN.4/Sub .2/234; E/CN.4/Subi2/L.308 and Add.l, L.309) (continued)Mr. CAPOTORTI said that he shared the view expressed "by the Chairman at the previous meeting ( E/CN.4/Sub . 2./SR. 407) that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination (A/RES/l904 (XVIII)) should serve as the basis for the Sub-Commission’s work on the preparation of a draft convention. There were two opposing views on that subject. Some members considered, like Mr. Calvocoressi, that the convention could not embody all the elements of the Declaration. Others, on the contrary, considered that the convention should be fuller and more detailed. He emphasized that a convention that would be wider and stricter than the Declaration would run the risk of not being adhered to by countries which faced certain problems and that, despite their goodwill, they were unable to solve for the moment. It was not enough for the Sub-Commission to elaborate a convention,- such a convention should be capable of being signed, ratified and applied by the greatest possible number of countries. At all events, although a convention might be basically similar to a declaration, it was a more important instrument in the sense that it was legally binding on the States parties to it.At the previous meeting (e/CN .4/Sub -2./SR .40?), realistic and judicious statements, had been made by Mr. Mudawi and Mr. Krishnaswami. He urged the Sub-Commission to borrow from the Declaration everything that might be useful in the preparation of the draft convention and to work along the lines indicated by the General Assembly itself, while taking into account the problems facing States.Where form was concerned, he urged the preparation of a simple, concise text. With regard to the content of the convention, he suggested that stress should be laid in the preamble on the connexion between the maintenance of peace and respect for human rights, and that reference should be made therein to the Charter and the Declaration on the granting of independence to colonial countries and peoples, which had played a decisive role in the struggle against discriminatory measures. He would not comment on the articles in detail; but, with reference to Mr. Abram’s text (e/CN.4/Sub.2/L.30S and Add.l), which, although/...
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E/CN. VSub.2/SR.408 -EnglishPage h(Mr. Capotorti)long, would, do well as a working basis, he wished to know the exact meaning of the expressions "ethnic origin" and "national origin" in article I.Where the other articles were concerned, it would be useful to specify the particular aspects of social life in which the State might be called upon to intervene in order to prevent discrimination. Cne should envisage inter alia, employment, education, personal safety, enjoyment of property, access to the courts, access to facilities intended for use by the public, etc.He also considered that it would be desirable to condemn the policy of apartheid and racist propaganda in the text of the draft convention, retaining the wording of the Declaration adopted by the General Assembly.Lastly, he favoured the adoption, preferably at the end of the draft convention, of a clause whereby the States Parties to the convention would undertake to adopt the necessary legislative and administrative measures to ensure its application. On that subject, he agreed with Mr. Cuevas Caneino that it would be desirable to provide for the establishment of international machinery, on the model of article 7 of the UNESCO Convention on Discrimination in education, which provided for the submission of periodic reports by the signatory States, regardless of the difficulties which that might involve.The CHAIRMAN said that he intended to invite any members who so desired to submit draft texts, and also to set a time-limit for the submission of amendments. Once the Sub-Commission had the texts and amendments before it, it could agree on a single text to be used as the basis for its discussions.Mr. SAARIO agreed that it would be preferable for the Sub-Commission to begin by establishing a common text. In his opinion, that should not be too difficult a task; the two texts already before the Sub-Commission were similar on many points. He wished to express his gratitude to the authors of those texts, which he would study with the greatest attention, but which seemed to him at first sight to possess the qualities of conciseness and simplicity which it was reasonable to expect from a draft convention.
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In his opinion, such a draft should also he fairly general in scope in order to remain valid for the longest possible time; care should therefore be taken not to mention phenomena limited to a particular area or to the present time.He was convinced that the convention in question should be based on the Declaration adopted by the General Assembly and should confine itself to stating the legal obligation arising from the principles of that Declaration.It should avoid going any further, lest it should alienate States which supported the principles of the Declaration but which were not yet willing to take very forceful action. The Sub-Commission should not lose sight of the fact that its main aim was to work out an instrument which would be capable of practical application.He remarked, with reference to the text proposed by Mr. Abram, that the author referred in the third preambular paragraph and in article II to discrimination on the ground of national origin, and in article I to discrimination based on ethnic origin. It would be desirable to harmonize the text on those points.Mr. KETRZYNSKI said he had not intended to speak, as he was working on a draft of a convention which he would submit later. He would therefore merely comment on what should be the Sub-Commission's approach to the drafting of a convention. In his opinion, the members of the Sub-Commission should never lose sight of the fact that they were essentially experts and not diplomats, and that their function was to go to the root of the problem without worrying too much about the reaction of countries to their work. Otherwise, they might easily produce a weak and insipid text. It was for the higher organs of the United Nations - in the present case, the Third Committee - to deal with Governments. It was encouraging, in that connexion, that while the Commission on Human Rights had received the Sub-Commission's draft declaration rather gingerly, the Third Committee had taken a courageous and radical stand in the matter, and it was on the basis of its recommendations that the Sub-Commission had resumed its work.’ ' ' ' . E/CÏÏ.4/Sub.2/SR.4-08■ EnglishPage 5(Mr. Saario)/...
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/■ ' E/CU.VSub.2/SR.408 ' ‘English ■Page 6(Mr. Ketrzynski)Unlike Mr. Saario, who considered that the convention should he rather general in order to remain valid for a long period and that it should therefore avoid reference to contemporary events, he himself believed that the authors of the convention must base their work on an assessment of the present situation so that they would formulate specific proposals without asking themselves, for example, whether apartheid would still exist in twenty years’ time and in general without trying to see into the future.Mr. ABRAM said that in preparing his draft convention on the elimination of all forms of racial discrimination, he had drawn largely on the Declaration adopted by the General Assembly, while bearing in mind that a convention was not the same thing as a declaration. A declaration stated principles, put hopes and aspirations into words, and set the objectives to be reached. Moral principles, however, no matter how noble, could not all be incorporated in international law. The object of a Convention should be to formulate rules of conduct common to all civilized societies.He had been guided by that consideration, in particular, in drafting article XX of his text. There was indeed general agreement that racist propaganda, like direct incitement to violence, was an evil which should be condemned, but there was no such agreement as regards the promotion of racial discrimination, odious as such discrimination might be. Consequently, that idea, which was to be found in the Declaration adopted by the General Assembly, could not be included in a convention. It was inconceivable that a convention should limit freedom of speech, for in most of the world that freedom was the cornerstone of society. Moreover, the Universal Declaration of Human Rights characterized the right to freedom of speech, opinion, meeting and association as one of the objectives for which the whole of mankind should strive, and history clearly showed that régimes which did not tolerate diversity of opinion could not survive.On the other hand, he was ready to support any proposal for condemnation of Governments which encouraged racist propaganda. That was why his article IX, and particularly paragraph 2, imposed strict duties on signatory States in that
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respect and laid down that remedial relief should he provided for any individual who had suffered substantial harm for racial reasons.Finally, he thought that it would be useful to mention in the convention al 1 the grounds on which a person might be subjected to racial discrimination, not forgetting nationality.Mr. SAARIO wished to make clearer, for the benfit of Mr. Ketrzynski, the view he had expressed in his first statement. In his opinion, once an international convention was adopted it became an integral part of international law; it should therefore state rules which were of lasting value.Mr. IVANOV congratulated the experts who had prepared texts which the Sub-Commission could use as a basis for its work. He found it difficult, however, to make detailed observations on the drafts, as he did not yet have the Russian version. At first sight, Mr. Abram's article IX did not seem to him to be satisfactory; it was only too well known what a dangerous weapon freedom of speech could become when used by advocates of racism. He would speak again during the general debate to comment on the various drafts before the Sub-Commission.Mr. MATSCH felt, like several other experts, that the Sub-Commission should take as the basis of its work the text of the Declaration on the Elimination of All Forms of Racial Discrimination, which had been adopted by the General Assembly, as it represented the widest possible measure of agreement among Member States. The Sub-Commission should therefore strive to reproduce the terms of that Declaration as far as possible.He considered that the preamble of the draft convention should reflect the present situation and state the main objectives to be attained. On the whole, he shared the opinion expressed by the Chairman on that subject at the previous meeting. ■As regards the wording to be used in the articles of the draft convention, it would be most appropriate to say: "Each State Party undertakes to ... ".In his view, such wording as "Each State Party shall ... " was not sufficiently binding.E/CN.4/Sub.2/SR.bodEnglishPage 7(Mr. Abram)/...
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V .I :;■' •_E/CN.4/Sub.2/SR.408EnglishPage 8(Mr. Matsch)He preferred the text proposed by Mr. Abram because it was closer to the Declaration adopted by the General Assembly. Articles IV to VIII of Mr. Calvocoressi’s draft, however, also contained provisions which could usefully be retained.The CHAIRMAN observed that there was little point in the Sub-Commission’s continuing with the general debate, as not all its members had as yet arrived and the necessary texts were not yet available in all the working languages.He hoped that the translation services would be able to make up for the delay, caused, according to the Secretary-General’s representative, by the bad weather conditions of the previous day. Before closing the meeting, he asked members to put forward their proposals and amendments as soon as possible, so as to make the best use of the limited time at the Sub-Commission’s disposal.The meeting rose at 4.50 p.m.
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United Nations, Official Records of the Economic and Social Council, Sub-Commission on Prevention of Discrimination and Protection of Minorities,
Sixteenth Session, document E/CN.4/Sub.2/SR.411
(5 February 1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights,
Sub-Commission on Prevention of Discrimination and Protection of Minorities, Report of the Sixteenth Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities to the Commission on Human Rights, document E/CN.4/873, E/CN.4/Sub.2/241
(11 February 1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Twentieth Session, document E/CN.4/L.679 (17 February 1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights, Report on the Twentieth Session, document E/3873, E/CN.4/874 (1964)
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United Nations, Official Records of the Economic and Social Council, Commission on Human Rights,
Twentieth Session, document E/CN.4/SR.809
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Sub-Commission on Prevention of Discrimination and Protection of Minorities, Sixteenth Session,
document E/CN.4/Sub.2/SR.427 (12 February 1964)
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document A/C.3/L.1237 (15 October 1965)
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document A/C.3/L.1272 (1 November 1965)
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document A/C.3/SR.1344 (16 November 1965)
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United Nations, Official Records of the General Assembly, Twentieth Session, Third Committee,
document A/C.3/L.1313 (30 November 1965)
NATIONS GENERAL ASSEMBLY Twentieth session THIRD C OMMITTEE Agenda item 58 Distr. LIMITED A/C .3/L.1313 30 November 1965ORIGINAL: ENGLISH DRAFT INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Ghana, Mauritania and Philippines: amendments to the suggestions for final clauses submitted by the officers of the Third Committee (A/C.3/L.1237) 1.III. ENTRY INTO FORCEParagraphs 1 and 2Replace the word "twentieth" before "instrument of ratification" by "Twentyseventh". 2.VIII. SETTLEMENT OF DISPUTESDele-'ce the comma after "negotiation", and insert the following between thewords "negotiation" and "shall": "or by the procedures expressly provided for in this Convention, 11• 6.5.30796
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United Nations, Official Records of the General Assembly, Twentieth Session, Draft International Convention on the Elimination of All Forms of Racial Discrimination,
Report of the Third Committee, document A/6181
(18 December 1965)
U NI T E D N A T I O N S
G E NE R A L
AS S EMB L Y
Ш
Distr.
GENERAL
А/61З1
l3 December I965
ORIGINAL: ENGLISH
Twentieth session
Agenda item 5З
DRAFT INTERNATIONAL CONVENTION ON THE ELMNATION
OF ALL FORMS OF RACIAL DISCRIMNATION
Report of the Third Committee
Rapporteur: Mr. R. St. John MACDONALD (Canada)
I . INTRODUCTION
1. The General Assembly, at its 1336th meeting on 2h September 1965^ allocated to
the Third Committee agenda item 5З, entitled "Draft International Convention on the
Elimination of All Formis of Racial Discrimination". The Third Committee devoted
forty-three meetings (its 12Э9'^Ъ to 1302nd, its 130¡+th to 13l6th, held frcm 11 to
22 October I965; its 13l3th, held on 25 October 1965; its 13^^th to 1353tn, held
from 16 to 29 November 1965; its 136lst to 1363th, held from 1 to 7 December I965;
its ЬЗТЗгЬ and 137^th, held on l4 and I5 December I965) to the consideration of the
item.
2. The item was included in the agenda of the General Assembly in accordance with
the decision of the Assembly in its resolution I906 (XVIIl). In that resolution,
entitled "Preparation of a draft international convention on the elimination of all
forms of racial discrimination", and. adopted by the General Assembly on
20 November 1963, the Assembly requested the Economic and Social Council to invite
the Commission on Human Rights, bearing in mind the views of the Sub-Commission on
PrevAS}e ntion of Discrimination and Protection of Minorities,’ the debates at the
seventeenth and eighteenth sessions of the General Assembly, any proposals on the
matter that might be submitted by the Governments of Member States and any
International instruments already adopted in that field, to give absolute priority
to the preparation of a draft international Convention on the elimination of all
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forms of racial discrimination^ to be submitted to the Assembly for consideration
at its nineteenth session.
3. The Commission on Human Rights accordingly gave absolute priority to the
drafting of a Convention at its twentieth session and adopted the substantive
articles of a draft Convention on the Elimination of All Forms of Racial
Discrimination.^
k. The Economic and Social Council^ in resolution IOI5 В (XXXVIl) of ЗО July I96A
submitted to the General Assembly for its consideration at its nineteenth session
the substantive articles prepared by the Commission on Human Rights, as well as
the following documents which had not been voted upon by the Commission:
(a) The proposal for an additional article submitted by the United States
of America and the sub-amendment submitted thereto by the Union of Soviet Socialist
Republics—2'/ as well as the records of ■ the discussion thereon in the Commission;-3'/
(b) Article X of the draft Convention transmitted to the Commission on Human
Rights by resolution 1 (XVl) of the Sub-Commission on Prevention of Discrimination
and Protection of Minorities, which dealt with measures of implementation,-' as
well as the records of the discussion thereon in the Commission;—'^
(c) The preliminary draft of additional measures of implementation transmitted
to the Commission by resolution 2 (XVl) of the Sub-Commission (annex I of the
report of the Commission on Human Rights)^ as well as the records of the discussion
thereon in the Commission;-7'/
(d) The working paper prepared by the Secretary-General for the final clauses
of the draft Convention on the Elimination of All Forms of Racial Discriminatio■ n;-3'/
1/ Official Records of the Economic and Social Council, Thirty-Seventh Session,
Supplement Ho. 3 (Е/3З73)> chapter II, draft resolution I (XX), annex.
2/ Ibid., paras. 273 and 2jk.
3/ E/CN.A/SR.B05, 307 and S03.
h/ Official Records of the Economic and Social Council, Thirty-Seventh Session,
- Supplement Wo. 3 (Е/3373)? para. 2.3l.
5/ e/cn.E/SR.305, 60З and 310.
й/ Official Records of the Economic and Social Council, Thirty-Seventh Session,
Supplement Ho. 3 '(Ё'/з373); annex I.
7/ E/cw.U/SR.Bio.
^ E/CÏÏ.VL.679.
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(e) The records of the discussion of this item by the Commission on Human Rights.-^5. Since the Assembly did not consider the item at its nineteenth session, it was included in the agenda of the twentieth session.6. The Committee decided that it would not hold a general debate on the draft Convention as a whole. It proceeded to consider the texts of the preamble and each of the substantive articles submitted by the Commission on Human Rights (A/592I5 annex). After a general discussion on measures of implementation, the Committee proceeded to elaborate these measures, based on a text submitted by Ghana, Mauritania and the Philippines (A/C.3/L.I291). The Committee then considered the final clauses, based on a preliminary draft suggested by the Officers of the Third Committee (a/C.3/L.1237).7. At its 1311th meeting, the representatives of Greece and Hungary proposed the following draft resolution (a/C .3/L.I2Í+Í+) :"The Third Committee,"Decides not to include in the draft Convention on the Elimination of All Forms of Racial Discrimination any reference to specific forms of racial discrimination."3. On a roll-call vote requested by the representative of Togo, the Committee decided by 30 votes to 7j with l3 abstentions, to give priority to the consideration of the draft resolution of Greece and Hungary. The voting was as follows:In favour: Afghanistan, Algeria, Argentina, Bulgaria, Burma,Byelorussian Soviet Socialist Republic, Cameroon,Central African Republic, Ceylon, Chad, Chile,Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Cuba, Cyprus, Czechoslovakia, Dahomey, Denmark, Ecuador, El,Salvador, Ethiopia, Gabon,Ghana, Greece, Guinea, Honduras, Hungary, Iceland,India, Iran, Iraq, Ireland, Jamaica, Japan, Jordan,Kenya, Kuwait, Lebanon, Liberia, Libya, Madagascar,Malawi, Malaysia, Mali, Mauritania, Mongolia,Morocco, Niger, Nigeria, Norway, Pakistan, Peru, Philippines, Poland, Portugal, Romania, Rwanda,Saudi Arabia, Senegal, Sierra Leone, Somalia, Spain,Sudan, Sweden, Syria, Thailand, Togo, Trinidad and Tobago,1/ e/cn.U/sr.77^-310. ' : ^
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Against;Abstaining:Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics,United Arab Republic, United Republic of Tanzania,Upper Volta, Yemen, Yugoslavia, Zambia.Australia, Belgium, Bolivia, Brazil, Canada, Israel, United States of America.Austria, China, Costa Rica, Dominican Republic,Finland, Prance, Guatemala, Haiti, Italy, Ivory Coast, Luxembourg, Mexico, Netherlands, New Zealand, Panama, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela.9. At its 1312th meeting, on 20 October, the Committee adopted by 32 votes to 12, with 10 abstentions, in a roll-call vote requested by the representative of Togo, the draft resolution of Greece and Hungary (a/C.3/L.1244). The voting was as follows:In favour; Afghanistan, Algeria, Argentina, Bulgaria, Burma,Byelorussian Soviet Socialist Republic, Cameroon, Central African Republic, Ceylon, Chad, Chile, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Cuba, Cyprus, Czechoslovakia, Dahomey, Denmark, Ecuador,El Salvador, Ethiopia, Gabon, Ghana, Greece, Guatemala, Guinea, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Jamaica, Japan, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mongolia, Morocco, New Zealand, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Saudi Arabia, Senegal,Sierra Leone, Somalia, Spain, Sudan, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Republic of Tanzania, Upper Volta, Yemen, Yugoslavia, Zambia.Against: Australia, Austria, Belgium, Bolivia, Brazil, Canada,Israel, Luxembourg, Netherlands, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay.Abstaining; China, Costa Rica, Dominican Republic, Finland,France, Haiti, Italy, Ivory Coast, Mexico,Venezuela.
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10. As a consequence of the adoption of the resolution, the following amendments and proposals relating to the provisions of the draft Convention were not pressed to the vote:(a) The amendment of Poland (a/c.3/L.1210) to insert in the sixth paragraph of the preamble the word "nazist” before the word "practices", and the revision of this amendment made at the 1301st meeting which read "nazist and other similar practices";(b) The proposal of Brazil and the United States of America (a/c.5/L.1211) to insert after article III, the following new article:"States Parties condemn anti-Semitism and shall take action as appropriate'for its speedy eradication in the territories subject to . their jurisdiction."(c) The amendment of the Union of Soviet Socialist Republics (A/c.3/L.I23I and Corr.l, English only) to the text proposed by Brazil and the United States of America which read as follows;"states Parties condemn anti-Semitism, Zionism, Nazism, neo-Nazism and all other forms of the policy and ideology of colonialism, national and race hatred and exclusiveness and shall take action as appropriate for the speedy eradication of those inhuman ideas and practices in the territories subject to their jurisdiction."(d) The amendment of Bolivia (A/c.3/L.1236) to amend the amendment of the Union of Soviet Socialist Republics by:"(a) deleting the word 'Zionism', (b) replacing 'neo-Nazism' by 'in all its forms and manifestations', (c) replacing 'other forms of' by 'racism involved in', and (d) inserting a semicolon after 'exclusiveness'." •11. Also as a consequence of the vote, the amendment of Czechoslovakia(a/c.З/В.1220) to insert between the words "all" and "incitement" of article IV, para, (a) the words "dissemination of racial, fascist, nazi or other ideas and doctrines based on racial superiority or hatred" was revised to read "dissemination of ideas and doctrines based on racial superiority or hatred" (see paragraph 67 below). ■
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12. The various texts before the Committee, the amendments proposed and the voting thereon, as well as the draft resolutions considered by the Committee, are described below. No attempt has been made to summarize the opinions expressed by the various members of the Committee, and attention is drawn to the summary records of the discussions where these may be found (a/c.З/SR.1299“1302, a/c.З/SR .I30U-1316,A/C.3/SR.1313, A/C.3/SR.13H-I353, A/C.3/SR.I361-I363, A/C.3/SR.I573 and A/c.3/SR.137^) .
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' II. CONSIDERATION OF THE TEXT OF THE DRAFT CONVENTIONA. Preamble and Substantive Articles The Preamble15. The Committee discussed the preamble to the draft Convention at its 1300th to 1302nd and 131^th meetings on 12, 13 and 21 October 1965»l4. The text of the preamble, as isubmitted by the Commission on Human Rights, read as follows:"The States Parties to this Convention,"Considering that the Charter of the United Nations is based on the principle of the dignity and equality inherent in all human beings, and that all States Members have pledged themselves to take joint and separate action in co-operation with the Organization for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,"Considering that the Universal Declaration of Human Rights ■ proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin,"Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and viherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of l4 December I960 has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end,"Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November I963 solemnly affirmed the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations,"Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condamnable, socially unjust and dangerous, and that there is no justification for racial discrimination in theory or in practice anywhere,"Reaffirming that discrimination between human beings on the grounds or race, colour or ethnic origin is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and security
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a/6181Englishamong peoples as evil racial doctrines and practices have done in the past,’’Concerned hy manifestations of racial discrimination still in evidence in some areas of the world and hy governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation,"Resolves to adopt all necessary measures for eliminating speedily racial discrimination in all its forms and manifestations and to prevent and ccmhat racist doctrines and practices in order to build an international community free from all forms of racial segregation and racial discrimination,"Bearing in mind the Convention on Discrimination in Respect of Employment and Occupation adopted hy ILO in 1958, and the Convention Against Discrimination in Education adapted hy UNESCO in i960,"Desiring to implement the principles embodied in the United Rations Declaration on the Elimination of All Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that end,"Have agreed as follows : ’’.Amendments submittedParagraph 115. The amendment of Lehanon (a/c.3/L.1222), proposed the replacement of the word "principle" by the word "principles".New paragraph after paragraph 216. The amendment of Remania (a/C.3/L.1219), proposed the introduction of a new paragraph, after the second paragraph, to read as follows:"Considering that all human beings are equal in' their right to be protected by the law against any discrimination and against any incitement to discrimination."17. The United Kingdom proposed (a/c.3/l.1230) to revise the amendment of Romania (A/C.5/L.I219) by replacing the words "in their right to be protected" by "before the law and are entitled to equal protection of". This amendment was acceptedby the representative of Remania.
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Paragraph 318. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/ь.122б and Corr.l), proposed the insertion of the words "(General Assembly resolution 13l4 (XV))" after "l4 December 1960".Paragraph k19- The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l), proposed the addition of the following words at the end of the paragraph:"and of securing understanding of and respect for the dignity of the human person".Paragraph 620. For the amendment of Poland (a/C.3/L.1210) see paragraph 10 (a) above.21. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) called for the replacement of the words "as evil racial doctrine and practices have done in the past" by the following words: "as well as the harmonious coexistence of personseven within the same state." Subsequently this amendment was proposed for insertionafter the words "among peoples" and revised to take into account a suggestion of the- representative of India in the English text as follows :"and the harmony of persons living side by side even within one and the same State".New paragraph after paragraph 622. Brazil, Colombia and Senegal proposed (a/C.3/L.1217) the addition of thefollowing as a new paragraph after the sixth paragraph:"Convinced that the existence of racial harriers is repugnant to the ideals of any civilized society."
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23. In view of objections raised by some representatives to the use of the term "any civilized society", the sponsors of the amendment agreed to substitute the word "hman" for the word "civilized".Paragraph 72k. The amendment of Lebanon (a/C.5/L.1222) sought the replacement of the word "concerned" by the word "alarmed".Paragraph 825. The second amendment of Brazil, Colombia and Senegal (a/C.3/L.1217), as orally revised, called for the insertion of the words "... and to promote the elimination of racial barriers in order to build an international community free from.such scourges"after the words "... racist doctrine and practices", and the deletion of the remaining words. This amendment was withdrawn at the 1302nd meeting.26. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/c.3/L.1226 and Corr.l) called for the insertion of the words "promote understanding between races and to" after the words "Resolved to". At the 1302nd meeting, the representative of Argentina, on behalf of the other co-sponsors orally revised the amendment to insert the proposed words after the words "in order to".Voting27. At its 13lUth meeting the Committee voted on the text of the Preamble as submitted by the Commission on Human Rights and the amendments thereto as follows:(a) The amendment of Lebanon (see para. 15 above) to paragraph 1 was adopted unanimously, and the paragraph as amended was also adopted unanimously.(b) Paragraph 2 of the original text was ad:q)ted unanimously.(c) Romania's amendment incorporating the United Kingdom amendment (see paras. 16 and 17 above), to add a new paragraph 3, was adopted unanimously.(d) The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (see para. I8 above) to paragraph 3 was adopted by 85 votes to none, with 1 abstention. The paragraph (new ' paragraph i<-) as amended, was adopted by 85 votes to none, with 3 abstentions.. ' /...
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(e) The Coimnittee agreed unanimously to add "(General Assemblj'’ resolution I90U (XVIIl ))" after "United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 196З5" and paragraph ^ (new paragraph 5), as amended, was adopted unanimously. -(f) Paragraph 5 (new paragraph 6) of the original text was adoptedunanimously.(g) The revised amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (see paragraph 21 above) to paragraph 6 was adopted by 78 votes to none, with 7 abstentions. The paragraph (new paragraph 7) as amended, was adopted unanimously.(h) The revised amendment of Brazil, Colombia and Senegal (see paragraphs 22and 23 above) to add a paragraph (nev; paragraph 8) after the sixth paragraphof the original text, was adopted by 79-votes to none, with 1 abstention.(i) The amendment of Lebanon (see para. 24 above) to paragraph 7 ^^as adopted by 37 votes to 5, with 39 abstentions. The paragraph (new paragraph 9), as amended, was adopted by 80 votes to none, vrith 5 abstentions.(j) The revised amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (see paragraph 26 above), to paragraph 8 was adopted unanimously. The paragraph (new paragraph 10), as amended, was also adopted unanimously.(h) Paragraphs Э> Ю and 11 of the original text (new paragraphs 11, 12 and 13) were adopted unanimously.(1) The preamble as a whole, as amended, xras adopted imanimouslj/' (for textsee para. 212 draft resolution A, annex).Article I (Article l)^28. The Committee discussed Article I of the draft Convention at its 1304th to 1307th meetings on l4, 15 and I8 October I965.29. The text of Article I submitted by the Commission on Human Rights read asfollows : '* The numbering of the articles appearing in parenthesis are those of the text of the draft Convention adopted by the Committee as set out in paragraph 212, draft resolution A, annex. ,/ • • •
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"1. In this Convention the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, /national/ or ethnic origin xíhich has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in th_e political, economic, social, cultural or any other field of public life, /in this paragraph the expression 'national origin' does not cover the status of any person as a citizen of a given State_^/"2. Special measures taken for the sole purpose of securing adequate development or protection of certain under-developed racial groups or individuals belonging to them in order to ensure to such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, hovrever, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not he continued after the objectives for which they were taken have been achieved,"Amendments submittedParagraph 150. Brazil proposed (a/C.3/L.1209) (a) the deletion of the words placed between square brackets, (b) the addition in parenthesis of the phrase, "and in the case of States composed of different nationalities discrimination based on such difference", after the word "origin", and (c) the addition at the end of the paragraph/-of the words "set forth inter alia in the Universal Declaration of Нглпап Rights".51. The amendment of Poland (a/C.3/L.1210) called for the removal of all brackets.32. The amendment of France and the United States of America (a/c.3/L.1212)proposed (a) the deletion of the brackets around the word "national", (h) the deletion of the sentence in brackets: "In this paragraph the expression 'nationalorigin' does not cover the status of any person as a citizen of a given State", and (c) the insertion of the following text as paragraph 2 and the rentimheringof paragraph 2 accordingly: ■"In this Convention the expression 'national origin' does not mean, 'nationality* or 'citizenship', and the Convention shall therefore not heapplicable to distinctions, exclusions, restrictions, or preferences basedon differences of nationality of citizenship."/...
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35» The amendment of India (a/c.3/L.1216) called for the replacement of the paragraph by the following:"In this Convention, the term 'racial discrimination' shall mean any distinction, exclusion, restriction or prefei-ence based on race, colour, descent, place of origin or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life".Czechoslovakia proposed (a/C.3/L.1220) the insertion of the word "persecution" between the words "any" and "distinction".35* The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) called for the deletion of the words between square brackets, the insertion of the following phrase after the words "ethnic origin": "(and in the case of States composedof different nationalities, discrimination based on such difference)", and the addition after the words "public life" of the following phrase: "laid down inter alia in the Universal Declaration of Human Rights".56. Ghana, India, Lebanon, Morocco, Nigeria and Senegal proposed (а/С.З/Ь.122^+)to insert the following text as paragraph 2 and to renumber paragraph 2 accordingly:"This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party between citizens and non-citizens".57. These amendments were all withdrawn hy their sponsors at the 13C7th meeting in favour of a joint amendment of Ghana, India, Kuwait, Lebanon, Mauritania,Morocco, Nigeria, Poland and Senegal (а/С.З/Ь.1238), which proposed the replacement of paragraph 1 of the text of the Commission on Human Rights by the following:"1. In this Convention the term 'racial discrimination' shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life."2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party between citizens and non-citizens.' /...
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"3. Nothing in the present Convention may he interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality."Paragraph 238. The amendment of Mauritania, Nigeria and Uganda (a/C.3/L.1225)j v/hich proposed the replacement of the word "under-developed" by the word "underprivileged" after the words "of certain", was subsequently withdrawn on the presentation of the oral amendment of Ethiopia and India (see paragraph 40 below). 39- At the 1305th and 13C6th meetings the representatives of the Democratic Republic of the Congo and the Ivory Coast, respectively, orally proposed the deletion of paragraph 2.40. At the 1306th meeting, Ethiopia and India orally proposed to replace the words "development or protection of certain under-developed racial groups or individuals belonging to them" by the words "advancement of certain racial or ethnic groups or individuals needing such protection as may be necessary".Voting41. At its 1307th meeting on I8 October, the Committee voted on the text of Article I submitted by the Commission on Human Rights and the amendments thereto as follows:(a) The amendment of Ghana, India, Kuwait, Lebanon, Mauritania, Morocco, Nigeria, Poland and Senegal (see para. 37 above) to paragraph 1 was adopted unanimously.(b) The amendment of the Democratic Republic of the Congo and the Ivory Coast (see para. 39 above) to delete paragraph 2 of the original text was rejected by 52 votes to l4, with 20 abstentions.(c) The oral amendment of Ethiopia and India to paragraph 2 (see para. hO above) was adopted by p4 votes to 20, with 36 abstentions.(d) Paragraph 2 (new para. 4), as amended, was adopted by 67 votes to 10, with 15 abstentions.(e) Article I as a whole, as amended, was adopted by 89 votes to none, vrith 8 abstentions (for text see para. 212, draft resolution A, annex, article l)., /...
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Article II (Article 2)’^ ’42. The Committee discussed Article II of the draft Convention at its 1306thto 1508th meetings on 15 and 18 October 1965»ЛЗ. The text of Article II as submitted Ьз»- the Commission on Human Rights, read as follows :"1. States Parties to the present Convention condemn racial discrimination and undertake to pursue hy all appropriate means and without delay a policy of eliminating racial discrimination in all its forms, and to this end:"(a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutionsand to ensure that all public authorities and public institutions,national and local, shall act in conformity with this obligation;”(b) Each State Party shall take effective measures to review governmental and other public policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;"(c) Each State Party shall prohibit and bring to an end, bj^ all appropriate means, including legislation if necessary, racial discrimination by any persons, group or national organization."2. States Parties shall take special concrete measures in appropriate circumstances for the sole purpose of securing adequate development or protection of certain under-developed racial groups or individuals belonging to them in order to ensure to such groups or individuals equal enjojmient or exercise of human rights and fi.mdamental freedoms, provided however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not he continued after the objectives for which they were taken have been achieved."Amendments submittedParagraph 1, introductory part ,/ '44. The amendment of Brazil, Colombia and Senegal (a/C.3/L.1217) proposed the insertion after the words "... racial discrimination in all its forms" of the follox-ring: "and promoting understanding among all races.". /..•
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Hevr sub-paragraph after paragraph 1 (a)45. The amendment of Brazil (a/C.5/L.1209) proposed the addition of the following as sub-paragraph (b) and the renumbering of sub-paragraphs (b) and (jc) accordingly;"Each State Party undertakes not to encourage, advocate or support racial discrimination by any persons or organizations."46. The amendment of Brazil was subsequently withdraxirn in favour of the amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Bica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguayand Venezuela (a/C.3/L.1226 and Corr.l) which proposed the following text for the/new sub-paragraph: "Each State Party xmdertakes not to sponsor, defend or supportracial discrimination by any persons or organizations."Paragraph 1 (b)47. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) proposed the replacement of the x^ords "and other public" by the words "national and local".Paragraph 1 (c)48. Poland proposed (a/C.3/L.1210) the replacement of the xrords "if necessary" by the xTOrds "in the absence thereof". At the 13C8th meeting, the representative of Poland agreed that the oral suggestion of the representative of Ghana to replace thé words "if necessary" by the words "as required by circxmstances" should be voted on first.49.• The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) proposed the replacement of the words "group or national organization" by the x-rords "groups or organizations of any kind". At the 1308th meeting, an oral suggestion of Italy simply to delete the word "national" was accepted by the sponsors of the amendment.' /...
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a/6i8iEnglish, 'Page 17New Sub-paragraph after paragraph 1 (c)50. Brazil, Colombia and Senegal proposed (a/C.3/L.1217) the addition of a new sub-paragraph numbered 1 (d) reading as follows:"Each State Party undertakes to encourage, where appropriate, intégrâtionist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division."Paragraph 2 ,51. The amendment of Bulgaria (a/C.3/L.1218) called for the insertion between the words "take" and "special" of the words "in the social, economic and other fields". At the 1308th meeting, the representative of Bulgaria accepted an oral suggestion of the Netherlands to insert the word "cultural" in his amendment, which then read: "in the social, economic, cultural and other fields". This sjnendment was subsequently moved to the amendment proposed by Argentina, Ethiopia, Ghana, Guinea, Kwait, Lebanon, Mauritania, Nigeria and Uganda (see paragraph 5U below) to insert after the word "take" the words "in the social, economic, cultural and other fields",52. The amendment of Mauritania, Nigeria and Uganda (a/C.3/L.1225) proposed the replacement of the word "under-developed" by the word "under-privileged". The sponsors of this amendment later joined Argentina, Ethiopia, Ghana, Guinea, Kuwait and Lebanon in proposing a new amendment (see paragraph 5^ below). '53. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Eica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico,Panama, Peru, Uruguay and Venezuela (a/c.3/L.1226 and Corr.l), called for thereplacement of the paragraph by the following text: ."States Parties shall, when the circimistances warrant this, talie special and concrete measures to ensure the adequate development or protection of persons belonging to certain racial groups for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectivesfor which they were taken have been achieved."5^. At the 1308th meeting, the representative of Kuwait together with the representatives of Argentina, Ethiopia, Ghana, Guinea, Lebanon, Mauritania,Nigeria and Uganda orally proposed the following text in place of the amendment/mentioned in the previous paragraph: , j
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"States Parties shall, when the circumstances warrant this, take special and concrete measures to ensure the adequate development and protection of certain^ racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjojmient of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved."Voting55* At its 1308th meeting, the Committee voted on the text of Article II submitted by the Commission on Human Rights and the amendments thereto as follows:(a) The amendment of Brazil, Colombia and Senegal (see para. 44 above) to the introductory part of paragraph 1 xvas adopted by 85 votes to none, with 7 abstentions.(b) The introductory part of paragraph 1, as amended, xras adopted unanimously.(c) Paragraph 1 (a) was adopted unanimously.(d) The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica,Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (see para. 46 above) for a nexr paragraph 1 (b) x?as adopted by 47 votes to 2, with 39 abstentions.(e) The same se venteen-Poxrer amendment (see para. 47 above) to paragraph 1 (b) (nexr para. 1 (c)), xfas adopted by 56 votes to 2, with 3^ abstentions.(f) Paragraph 1 (b) (new para. 1 (_c)), as amended, x-;as adopted by 93 votes to none, xiith 2 abstentions.(g) The oral amendment of Ghana accepted by Poland (see para. 48 above) toparagraph 1 (c) (nexr para. 1 (d)) x-ras adopted by 73 votes to 1, x-rith15 abstentions.(h) The seventeen-Pox-rer amendment, as orally revised by Italy (see para. 49 above), to paragraph 1 (c) (nexr para. 1 (d)) was adopted hj^81 votes to 1, xiith 11 abstentions.(i) Paragraph i (c) (new para. 1 (d)) as amended, x-ras adopted hj'- 95 votes to none, with 1 abstention.(j) A separate vote xras taken, at the request of the representative of Venezuela, on the phrase "and to discourage anything xihich tends to strengthen
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racial division" of the new sub-paragraph proposed for insertion after paragraph 1 (c) of the original text by Brazil, Colombia and Senegal (see para. 50 above) and the phrase was retained by 26 votes to with 54 abstentions.(k) The sub-paragraph (new para. 1 (e)) proposed by Brazil, Colombia and Senegal (see para. 50 above) as a whole was adopted by 97 votes to none, with 4 abstentions in a roll-call vote requested by the representative of Colombia. The voting was as follows;In favour: Afghanistan, Algeria, Argentina, Australia, Austria, Belgiimi,Bolivia, Brazil, Bulgaria, Burma, Burundi, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Central African Republic, Ceylon, Chile, China, Colombia, Congo (Brazzaville), Congo ' (Democratic Republic of), Cyprus, Czechoslovakia, Denmark, Dominican Republic, Ecuador, El Salvador, Ethiopia, Finland, France, Gabon, Ghana, Greece, Guatemala, Guinea, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy,Ivory Coast, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya,, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mexico, Mongolia, Morocco, Hetherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Spain, Sudan, Sweden, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, United States of America, Upper Volta, Uruguay, Venezuela, Yemen, Yugoslavia, / Zambia.Against; None,Abstaining: Costa Rica, Haiti, Jamaica, Japan. -(1) The revised amendment of Bulgaria (see para. 51 above) to the amendment to paragraph 2 of Argentina, Ethiopia, Ghana, Guinea, Kuwait, Lebanon, Mauritania, Nigeria and Uganda (see para. 5^ above) was adopted by 76 votes / to 1, with 15 abstentions.(m) The amendment of the nine Powers to paragraph 2, as amended, was adopted by 95 votes to none, with 1 abstention.(n) Article II as a whole, as amended, was adopted unanimously (for text, see paragraph 212, draft resolution A, annex, article 2).
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Article III (Article 5)~^56. The Coiranittee discussed Article III of the draft Convention at its 1308th meeting on I8 October I965.57- The text of Article III submitted by the Coimiission on Hwnan Rights read as follows :"States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate, in territories subject to their jurisdiction, all practices of this nature."-Amendments submitted58. An amendment was submitted by Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l), to replace the expression "subject to" by the xvord "under".59- At its 1308th meeting the Committee agreed that the seventeen-Power amendment affected the text of the original article in French and Spanish only and adopted Article III, as thus modified in those languages, unanimously (for text, see para. 212, draft resolution A, annex, article З).Article IV (Article 4)*60. . The Committee discussed Article IV of the draft Convention at its 1315th, 1316th and 1318th meetings on 22 and 25 October 1965.61. The text of Article IV submitted hy the Commission on Human Rights read as follows :"States Parties condemn all propaganda and organizations which are based on ideas or theories of the superiority of one race or group of persons of one- colour or ethnic origin, or xvhich justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to such discrimination, and to this end, inter alia;(a) Shall declare an offence punishable by law all incitement to racial discrimination resulting in acts of violence, as well as all acts of ' violence or incitement to such acts against any race or group of persons of another colour or ethnic origin;
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(h) Shall declare illegal and prohibit organizations or the activities of organizations, as appropriate, and also organized propaganda activities, which promote and incite racial discrimination;(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination."Amendments submitted Introductory paragraph ,62. Czechoslovakia (a/C.3/L.1220) proposed to add between the words "incitement to' and "such discrimination", the words "or acts of".63. Denmark, Finland, Iceland, Norway and Sweden proposed (a/C.3/L.12Íj-5) to add before the words "or acts of" in the Czechoslovak amendment the words "without limiting or derogating from the civil rights expressly set forth in Article V".At the 1315th meeting the five-Power amendment was orally revised to insert after the words "to this end" in the original text the follovàng words; "with due regard to the rights expressly set forth in Article V".6h. At the 1315th meeting the representative of France orally proposed to replace the revised five-Power amendment bj'- inserting after the words "such discrimination" in the original text the following: "vrithin the framework of the principles setforth in the Universal Declaration of Human Rights."65. An amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras-, Mexico,Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) proposed the replacement of the words "which justify" by "which attempt to justif3p'.Paragraph (a)66. The amendment of the Ul^rainian Soviet Socialist Republic (a/C.3/L.12C8) proposed the addition at the end of paragraph (a), of the following: ", andalso the provision of any assistance to racist activities, including the financing thereof;". .67. The amendments of Czechoslovakia (a/c.3/1.1220), as revised (see paragraph 11 above), proposed (a) the insertion between "all" and "incitement" of the words "dissemination of ideas and doctrines based on racial superiority or hatred,"and (b) the deletion of the words "resulting in acts of violence". The latter amendment was also moved by Mauritania, Nigeria and Uganda (a/c.3/L.1225)./...
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68. The United States of America proposed an amendment (a/C.5/L.1245) to add at the end of the first Czechoslovak amendment the following words: "with dueregard for the fundamental right of freedom Of expression."Paragraph (b)69. The amendment of Poland (a/c.3/l.1210) sought to replace paragraph (b) of the original text by the following;"Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;".70. The United States of America proposed (a/C.3/L.1242) to amend Poland's amendment (a/C.5/L.1210) by inserting in the first line after the word "shall" the words "with due regard for the right to freedom of expression and of association".71. At the 1316th meeting India orally proposed to replace "and" by "or" in the phrase "which promote and incite racial discrimination," in the original text of paragraph (b).Substitute text72. At the 1316th meeting the representative of Nigeria submitted the folloxring amendment (a/C.3/L.1250) to replace the original text of Article IV and the amendments moved thereto:"States Parties condemn all propaganda and organizations xíhich are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertalie to adopt iimediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination, and to this end, xiith due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in Article V of this Convention, inter alia;"(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to,such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
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"(h) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;"(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination." .73. The representative of Argentina (a/c.3/L.1253) sought to replace sub-paragraph (a) and (b) of the text proposed by Nigeria by the following:"(a) Shall declare an offence punishable by law all incitement to racial discrimination, all promotion of racial discrimination, and all acts of violence or incitement to such acts against any race or group of persons of another colour or national or ethnic origin;"(b) Shall declare illegal, prohibit and declare an offence punishable ■by law all propaganda and organizations based on theories of the superiority of one race, or of a group of persons of one colour or national or ethnic origin, and having as their purpose the justification or promotion of racial discrimination in any of its forms."Voting74. At its 1318th meeting the Committee voted on the substitute text of Article IV proposed by Nigeria (see para. 72 above) and Argentina's amendment (see para. 73 above) thereto as follows:(a) A separate vote was taken, at the request of the representative of Ethiopia, on the words "with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in Article V of this Convention" in the introductory paragraph of the amendment of Nigeria (see para. 72 above), and these words were adopted by 76 votes to 1, vT-ith l4 abstentions. •(b) The introductory paragraph of the Nigerian amendment, as a whole, was adopted by 93 votes to none, with 3 abstentions.(c) The amendment of Argentina (see para. 73 above) to paragraph (a)of the Nigerian amendment was rejected by 47 votes to 20, x\rith 27 abstentions.(d) A separate vote was taken, at, the request of the representative of Colombia, on the words "all dissemination of ideas based on racial superiority or hatred" in paragraph (a) of the Nigerian amendment and these words were adopted by 57 votes to none, with 35 abstentions. '/...
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(e) A separate vote was taken, at the request of the representative of Austria, on the words "and also the provision of any assistance to racist activities, including the financing thereof", in paragraph (a) of the Nigerian amendment and these words were adopted by 57 votes to 1, with33 abstentions.(f) Paragraph (a) of the amendment of Nigeria, as a whole, was adopted by63 votes to 1, with 25 abstentions.(g) The amendment of Argentina (a/C.3/L.1253) to paragraph (b) of the Nigerian amendment was rejected by 45 votes to 16, with 30 abstentions.(h) Paragraph (b) of the Nigerian amendment was adopted by 66 votes to 1,with 16 abstentions.(i) Paragraph (c) of the Nigerian amendment was adopted unanimously.(j) Article IV, as a whole, as amended, was adopted by 88 votes to none, with 5 abstentions (for text, see para. 212, draft resolution A, annex, article 4).Article V (Article 5)*75. The Committee discussed Article V of the draft Convention at its 1305th,1306th, 1308th and 1309th meetings on l4, 15, I8 and 19 October I965.76. The text of Article V submitted by the Commission on Human Rights read as follows ;"In compliance with the fundamental obligations laid down in Article II,States Parties undertake to prohibit and to eliminate racial discriminationin all its forms and to guarantee the right of everyone, without distinction as to race, colour or ethnic origin, to equality before the laxi, notably in the enjoyment of the following rights:"(a) The right to equal treatment before the tribunals and all other organs administering justice;"(b) The right to security of person and protection by the State against violence or bodily harm, xfhether inflicted by Government officials or by any individual, group or institution;"(c) Political rights, in particular the rights to participate in elections through universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;/...
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"(d) Other civil rights, in particular:”(i) "tb-e right to freedom of movement and residence within the border of the State;"(ii) the right to leave any country including his own, and to return to his country;"(iii) the right to nationality;"(iv) the right to marriage;"(v) the right to own property alone as well as in associationwith others;"(vi) the right to inherit;"(vii) the right to freedom of thought, conscience and religion;"(viii) the right to freedom of opinion .and expression;"(ix) the right to freedom of peaceful assembly and association;"(e) Economic, social and cultural rights, in particular:"(i) the right to work, free choice of employment, just andfavourable conditions of work, protection against unemployment, equal pay for equal work, just and favourable remuneration;"(ii) itie right to form and join trade unions;"(iii) housing;"(iv) public health, medical care and social security and social services;"(v) education and training;"(vi) equal participation in cultural activities;"(f) Access to any place or service intended for use by the general public such as transport, hotels, restaurants, cafés, theatres, parks."
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Aiaendments submittedIntroductory paragraph77. The amendment of India (a/c.3/L.1216) proposed the redrafting of the introductory paragraph to read as folloxís :"In compliance with the fundamental obligations laid down in Article II, States Parties undertake the prohibit and to eliminate racial discrimination as defined in Article I (l) of the present Convention in the matter of enjoyment of the folloxfing rights:"-78. At the 1306th meeting the representative of India accepted an oral amendment of the representative of Ghana to insert the word "notably" between the xíords "the present Convention" and "in the matter of". The representative of India, however, withdrew his amendment in the light of the text of Article I adopted by the Committee.79» At the 1309th meeting, the representative of Сzechoslovakia orally proposed the insertion of the words "descent, national" before the words "or ethnic origin" in order to bring the text into line with the text of Article I as adopted. At the suggestion of the representative of Austria, the representative of Czechoslovakia agreed to omit the word "descent" from her oral amendment.Paragraph (с)80. The amendment of Bulgaria (a/C.3/L.1218) called for the insertion between the words "elections" and "through" of the_words "and to be elected". At the 1309th meeting the representative of Bulgaria orally revised his amendment to take account of various suggestions and proposals to' insert after the word.s "election" the words "to vote and to stand for election".Paragraph (d) opening phrase81. The amendment of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Mexico, Panama, Peru, Uruguay and Venezuela (a/C.3/L.1226 and Corr.l) called for the deletion of the word "other" before the words "civil rights". This amendment was subsequently withdrawn.
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Paragraph (d) (iv)82. Mauritania, Nigeria and Uganda (a/C.3/L.1225) proposed to add the words "and choice of spouse" after the word "marriage".Paragraph (e)83. The amendment of Mauritania, Nigeria and Uganda (a/C.3/L.1225) to add a new sub-section to read as follows: "(vii) the right to organize and to participate incxoltural associations", was orally revised at the 1309th meeting to replace section (vi) of the original text by the following: "The equal right to organizecultural associations and to participate in all kinds of cultural activities".Voting84. At its 1309th meeting the Committee voted on the text of Article V submitted by the Commission of Нглпап Rights and the amendments thereto as follows: •(a) The oral amendment of Czechoslovakia, as revised (see para. 79 above), to the introductory paragraph was adopted hy 53 votes to 1, with39 abstentions;(b) Paragraphs (a) and (b) of the original text vrere adopted unanimously;(c) Bulgaria's amendment to paragraph (c) as orally revised (see para. 80 above) was adopted hy 86 votes to none, with 10 abstentions;(d) The amendment of Mauritania, Nigeria and Uganda (see para. 82 ,above) to paragraph (d) was adopted by 90 votes to none, with 3 abstentions;(e) The amendment of Mauritania, Nigeria and Uganda as orally revised (see para. 83 above), was rejected by 37 votes to 35? with 24 abstentions;(f) Sub-paragraph (f) of the original text was adopted unanimously;. - . i(g) Article V as a whole, as amended, was adopted xinanimously (for text,see para. 212, draft resolution A, annex, article 5).Article VI (Article 6)*85. The Committee discussed Article VI of the draft Convention at its 1309th meeting on I9 October I965./•••
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86. The text of Article VI submitted by the Commission on Human Rights read as follows :"States Parties shall assure to everj^one within their jurisdiction effective protection and remedies through the competent national tribunals against any acts of racial discrimination which violate his human rights and fundamental freedom contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination."Amendments submitted87. The amendment of Bulgaria (a/c.5/L.1218) nroposeri to insert the words "and other State institutions" between the words "tribunals" and "against".88. The amendment of Mauritania, Nigeria and Uganda (a/C.3/L.1225) which sought to insert the words "where appropriate” after the words "adequate reparation", was subsequently'’ withdrawn.Voting89. At its 13C9uh meeting the Committee voted on the text of Article VI submitted by the Commission on Human Rights and the amendment thereto as follows:(a) The amendment of Bulgaria (see para. 87 above) was adopted by 88 votes to li with 9 abstentions;(b) Article VI as a whole, as amended, was adopted by 95 votes to none, with 2 abstentions (for text, see paragraph 212, draft resolution A, annex, article 6).Article VII (Article 7)-^90. The Committee discussed Article VII of the draft Convention at its 1309th meeting on I9 October I965.91. The text of Article VII submitted by the Commission on Human Ri^ts read as follows :"States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education and information, with a view to combating prejudices which lead to racial discrimination and to promote understanding, tolerance and friendship among nations and racial or ethnical groups, as vrell as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Нглпап Rights, and the United Nations Declaration on the Elimination of All Forms of Racial Discrimination."/...
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Amendments submitted92. The amendment of Bulgaria (a/C.5/L.1218) called for the insertion of the word "culture" between the xrords "education" and "and".93- The amendment of Czechoslovakia (a/C.3/L.1220) sought to add, at the end of the Article, the folloxiing x-rords: "and of this Convention".Voting94. At its 1309th meeting the Committee voted on the text of Article VII submitted by the Commission on Нхлпап Rights and the amendments thereto as follows:(a) The amendment of Bulgaria (see para. 92 above) x/as adopted by 93 votes to none, x-fith 2 abstentions:(b) The amendment of Czechoslovakia (see para. 93 above) was adopted by 94 votes to none, xrôth 1 abstention;(c) Article VII as a whole, as amended, was adopted unanimously (for text, see paragraph 212, draft resolution A, annex, article 7).Proposal for new Article after Article VII95. A proposal of Jamaica (a/c.З/Ь.1223) to add a nevi article after Article VIIxias discussed by the Committee at its 13l6th aind 13l8th meetings on22 and 25 October I965. '96. The text of the Article proposed by Jamaica read as folloxís:"States Parties shall take steps, in conformity x-rith their legal systems, to secure the enactment of the constitutional or legislative provisions which may be necessary to give effect to the right to freedom from racial discrimination and shall establish administrative and judicial responsibility for the violation of these provisions."97. This proposal was xrithdrawn by the representative of Jamaica at the1318th meeting in the light of the discussion in the Committee. .
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B. ARTICLES ON MEASURES OF IMPLEMENTATION98. The Commission on Human Rights did not submit any text of provisions relating to measures of implementation but it forwarded certain documents on the subject which had not been voted upon by the Commission (see paragraph 4). These included article X of the draft Convention prepared by the Sub-Commission on Prevention of Discrimination and Protection of Minorities and .transmitted to the Commission by resolution 1 (XVl) of the Sub-Commission, and a preliminary draft of additional measures of implementation submitted to the Sub-Commission, which were transmitted to the Commission by resolution 2 (XVl) of the Sub-Commission.—'^99- The representative of the Philippines submitted nineteen articles relating to measures of implementation (a/C.3/L.1221) to be added to the provisions of the draft Convention submitted by the Conimisslon on Human Rights. The proposed articles were based mainly on the documents transmitted to the Commission on Ншпап Rights by the Sub-Commission and they contained comprehensive provisions relating to implementation of the Convention through a system of reporting and through the establishment of a permanent fact-finding and conciliation organ to consider disputes concerning the violation of a provision of the Convention. Amendments to the articles proposed by the Philippines were submitted by the United Kingdom (A/C.5/L.I266), Argentina, Bolivia, Chile,Colombia, Ecuador,El Salvador, Guatemala, Honduras, Mexico, Panama, Peru and Venezuela (a/c.3/L.1268), Netherlands (a/C.J/L.IPTO), the United States of .America (a/C.3/L.1271), Tunisia (A/C.3/L.I273) and Ghana (a/c.3/L.1271j- and 127VRev.l). Amendments to the amendments of Ghana were proposed by Mauritania (A/C.3/L.I289) and by Saudi Arabia (A/C.3/L.I290)/ The articles proposed by the representative of Ghana also contained a comprehensive set of provisions for the implementation of the Convention by a system of reporting and by the establishment of ad hoc conciliation bodies and by other procedures.i/ Official Records_of the Economic and Social Council, Thirty-Seventh Session, Supplement Ho. 8 (Ё/З^ТЗ) paragraph 28l and annex I.2/ For the text of the proposal of the Philippines and the amendments thereto see Official Records of the General Assembly, Twentieth Session, Annexes, agenda item 58■
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100, After an exchange of views during the 1344th to the 1349th meetings of the Committee, held from l6 to I9 November 19б5^ it was suggested that members of the Committee who had presented texts should meet together and submit draft articles on implementation ifhich would form a basis for discussion in the Committee. At the 1349th meeting, the representatives of Ghana, Mauritania and the Philippines submitted a text (A/C.3/L.I291) which was considered article by article.Article VIII (Article 8)*101. The text of Article VIII proposed by Ghana, Mauritania and the Philippines (A/C.3/L.1291) read as follows:1. There shall he established a Committee consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties to this Convention from amongst their nationals who shallserve in their personal capacity, consideration being given to equitablegeographical distribution of membership and to the representation of the different forms of civilization as well as of the principal legal si^-stems.2. The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of two years: immediately after thefirst election the names of these nine members shall be chosen by lotby the Chairman of the Committee.3. A State Party, a national of which is elected to membership of the Committee in accordance with paragraph 1 of the present article, shall be responsible for the expenses of its expert on the Committee while he is in performance of Committee duties.4. The States Parties to this Convention undertake to submit a report on the legislative, judicial, administrative or other measures that they have adopted and that give effect to the provisions of this Convention:(a) within one jeax after the entry into force of the Convention for the State concernedj and (h) thereafter every two years and whenever the Committee constituted in accordance with paragraph 1 of the present article so requests.
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5. All iroports shall he submitted to the Secretary-General of the United Nations for consideration by the Committee constituted in accordance with paragraph 1 of the present article.6. The Committee may request further information from the States Parties if necessary.7. The Committee shall report annually through the Secretary-General to the General Assembly on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States. However, such suggestions and general recommendations shall only be reported to the General Assembly after prior consultation with the States Parties concerned.8. The States Parties concerned may, in addition, submit to the General Assembly observations on suggestions or general recommendations made in accordance xjith paragraph 7 of the present article.102. In the light of the views expressed at the 1349th and 1550th meetings, the co-sponsors of the proposed article submitted a revised text (A/C.3/L.1293) which was divided into article VIII and article VIII (bis). The revised text of article VIII read as follows:1. There shall be established a Committee on the Elimination of Racial Eiscrimination (hereinafter referred to as "the Committee") consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties to this Convention from amongst their nationals who shall serve in their personal capacity, consideration being given tojequitable geographical distribution and to the representation of the different forms of civilizations as xrell as of the principal legal systems.2. The members of the Committee shall be elected from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals.3. The initial election shall be held six months after the date of the entry into force of this Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their
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nominations within two months. The Secretary-General shall prepare a list in alphahetical order of all persons thus nominated including the States Parties which have nominated them and shall submit it to the States Parties.4. Elections of the members of the Committee shall be held at a meeting of States Parties at the Headquarters of the United Nations convened by the Secretary-General. At that meeting, for which two-thirds of the States Parties shall constitute a quorum, the persons elected to the Coimnittee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.5* (a) The members of the Committee shall be elected for a term offour years. However, the terms of nine of the members elected at the first election shall expire at the end of Wo years: immediately after the firstelection the names of these nine members shall be chosen by lot by the Chairman of the Committee.(h) For the filling of casual vacancies, the State Party whose experthas ceased to function as a member of the Committee shall appoint anotherexpert from among its nationals subject to the approval of the Committee.6. A State Party, a national of which is elected to membership of the Committee in accordance with paragraph 1 of the present article, shall he responsible for the expenses of its expert on the Committee гЛИе he is in performance of Committee duties.Amendments submittedParagraph 1IC3. The amendment of Iraq (a/g.3/L.1294) proposed the replacement of the words "experts of" hy "members who possess the qualifications required in their respective countries for appointment to high judicial or social offices and".1C4. The United Republic of Tanzania submitted three amendments (а/С.З/Ь.1293) asfollows :(a) to replace the name "Committee on Elimination of Racial Discrimination" by "the United Nations Committee on Racial Discrimination";
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(h) to replace the word "experts" Ъу the word "members";(c) to put a full stop after the word "impartiality" and to replace the text following that word by "The Committee shall be elected by secret ballot by the General Assembly of the United Nations."105. Uruguay submitted an amendment (a/c.5/L.1296) to add after the words "and acknowledged impartiality" the words "and of acknowledged competence with regard to the problem of the elimination of racial discrimination and of the observance of human rights".106. At the 12'5lst meeting, the representative of Venezuela orally proposed that the name of the Committee should be included within quotation marks, and that the words "from amongst their nationals" should be deleted.Paragraph 2107. The United Republic of Tanzania proposed two amendments (A/C.5/L.I295), thefirst to insert "by secret ballot" after the word "elected", the second to replacethe last sentence by the following: "Each State Party may nominate one persononly to serve on the Committee".Paragraph 6108. Iraq proposed (A/C.3/L.129^) to replace this paragraph by the following:"The States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties".109. The United Republic of Tanzania proposed (A/C.3/L.I295) to replace thisparagraph by the following: "The expenses of the Committee shall be borne bythe regular budget of the United Nations".Voting110. At its 1352nd meeting, the Committee voted on the text of article VIII submitted by Ghana, Mauritania and the Philippines and the amendments thereto as follows :(a) Paragraph 1(i) The first amendment of the United Republic of Tanzania(see paragraph 104- above) was rejected by 55 votes to 22, with 17 abstentions;/- . -
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(ii) The amendment of Venezuela, (see paragraph 106 above) was rejected by 19 votes to 10, with 62 abstentions;(iii) The amendment of Iraq (see paragraph IO3 above) was rejected by 31 votes to 17, with 43 abstentions;(iv) The second amendment of the United Republic of Tanzania (see paragraph 104 above) was rejected by 55 votes to 52, with .23 abstentions; ,(v) The amendment of Uruguay (see paragraph IO5 above) was rejected by 16 votes to 13, with 62 abstentions;(vi) The third amendment of the United Republic of Tanzania (see paragraph 104 above) was rejected by 60 votes to 7, with 23 abstentions;(vii) The amendment of Venezuela (see paragraph 106 above) was rejected by 69 votes to 11, with 9 abstentions;(viil) Paragraph 1 as a whole was adopted by 83 votes to 1, with 8 abstentions.(b) Paragraph 2(i) The first amendment of the United Republic of Tanzania (see paragraph IO7 above) was adopted by 53 votes to 2, with 33 abstentions;(ii) The second amendment of the United Republic of Tanzania (see paragraph IO7 above) was rejected by 33 votes to xíith 46 abstentions;(iii) Paragraph 2, as amended, was adopted by 87 votes to none, xiith 3 abstentions.(c) Paragraph 3 of the proposed text was adopted,by 90 votes to none,xjith 3 abstentions. .(d) Paragraph 4 of the proposed, text was adopted by 90 votes to none,xjlth 4 abstentions.
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(e) Paragraph 3(i) Paragraph 5 (a) of the proposed text was adopted by 90 votes to none, with 2 abstentions;(ii) Paragraph 5 (b) of the proposed text was adopted by 83 votes to 1, with 11 abstentions.(f) Paragraph 6(i) At the request of the representative of the United Republic of Tanzania, a vote was taken by roll-call on his amendment (see paragraph IO9 above) which was rejected by 39 votes to 32, with 22 abstentions. The voting was as follows:In favour: Mali, New Zealand, Niger, Norway, Pakistan, Panama,Rwanda, Saudi Arabia, Sudan, Sweden, Togo, Trinidad and Tobago, Tunisia, Uganda, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, Yemen, Yugoslavia, Zambia, Austria, Burma, Burundi,Canada, Colombia, Denmark, Ecuador, Finland, Guinea,Haiti, Iceland, Madagascar, IVIalawl.Against : Mauritania, Mexico, Mongolia, Morocco, Netherlands,Philippines, Poland, Portugal, Romania, Senegal,Thailand, Turkey, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United States of America, Argentina, Australia, Belgium, Brazil, Bulgaria, Byelorussian Soviet Socialist Republic, China, Cuba, Czechoslovakia, Erance, Ghana, Greece, Honduras, Hungary, Iran, Iraq, Ireland, Italy, Jamaica, Japan, Jordan,Kuwait, Lebanon, Malaysia.Abstaining: Nigeria, Peru, Sierra Leone, United Arab Republic,Uruguay, Venezuela, Afghanistan, Algeria, Bolivia,Ceylon, Chad, Chile, Congo (Democratic Republic of), Ethiopia, Gabon, Guatemala, India, Israel, Ivory Coast, Kenya, Liberia, Libya.(ii) The amendment of Iraq was adopted by 26 votes to 22, with il-if abstentions.(g) Article VIII as a whole, as amended, was adopted by 85 votes to none, with 6 abstentions (for text, see paragraph 212, draft resolution A, annex, article 8).
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Article VIII (bis) (Article 9)*111. The text of article VIII (bis) proposed by Ghana, Mauritania and the Philippines (a/g.5/L.1295), which was discussed at the 1351st and 1352nd meetings on 23 November, read as folloxjs:1. The States Parties to this Convention undertake to submit to the Secretary-General for consideration by the Committee a report on the legislative, judicial, administrative, or other measures that they have adopted and that give effect to the provisions of this Convention;(a) within one year after the entry into force of the Convention for the State concerned; and (b) thereafter every two years and xjhenever the Committee so requests. The Conmittee may request further information from the States Parties. . _2. The Committee shall report annually through the Secretary-General to the General Assembly on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and general recommendations shall be reported to the General Assembly together with comments, if any, from the States Parties concerned.Amendments submitted112. At the 1351st meeting the representative of the United Kingdom orally proposed to delete the words "the" and "concerned" from the second sentence of paragraph 2.113. At the 1352nd meeting the representative of the Sudan orally proposed the deletion of the x-rords "suggestions and" in the first and second sentences of paragraph 2. At the same meeting the representative of the United Republic of Tanzania orally proposed the deletion of the x-rord, "general" before the word "recommendations" in both sentences of paragraph 2.
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Votingll4. At its 1352nd meeting the Conimittee voted on the text of article VIII (his) submitted by Ghana, Mauritania and the Philippines and the amendments thereto as follows :(a) Paragraph 1(i) At the request of the representative of the United ArabRepublic a separate vote was taken by roll call on the irords "the States Parties ... every two years" in the first sentence. These fjords were adopted by 89 votes to none, with 2 abstentions. The voting was as follo^ís:In favour: Mali, Mauritania, Mexico, Mongolia, Morocco, Netherlands,New Zealand, Niger, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Senegal, Sierra Leone, Sudan, Sweden, Thailand., Togo, Trinidad and Tobago, Tunisia, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela, Yemen, Yugoslavia, Zamhia, Afghanistan, Algeria, Argentina, Australia, Austria, Belgium,Bolivia, Brazil, Bulgaria, Burma, Burundi, Bj^elorussian Soviet Socialist Republic, Canada, Ceylon, Chad, Chile, China, Colombia, Congo (Democratic Republic of), Cuba, Czechoslovakia, Denmark, Ecuador, Ethiopia, Tlnland, France, Ghana, Greece, Guatemala, Guinea,.Haiti,Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan,Kenya, Kuwait, Lehanon, Liberia, Libya, Luxembourg, Madagascar, Malawi, Malaysia.Against : Abstaining:None.Saudi Arabia, Gabon.(ii) The remaining words of the first sentence were adopted by 79 votes to 1, with 9 abstentions.(iii) At the request of the representative of the Sudan the secondsentence was voted on separately and adopted by 85 votes to none, with 7 abstentions.
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(b) Paragraph 2(i) The amendment of the Sudan (see paragraph llj above) was rejected by 68 votes to 2, with 19 abstentions.(ii) The amendment of the United Republic of Tanzania (see paragraph llj above) was rejected by 58 votes to L, with 27 abstentions.(iii) The amendments of the United Kingdom (see paragraph 112) were adopted by 25 votes to I8, with kk abstentions.(c) Article VIII bis as a whole, as amended, was adopted by 87 votes to none with 2 abstentions (for text see paragraph 212, draft resolution A, annex, article 9)* ,Article IX (Article 10)*115. The text of article IX proposed by Ghana, Mauritania and the Philippines (a/c.З/Ь.1291) which was discussed at the 1353rd iineeting on 2k November I965, read as follows :1. The Committee shall adopt its own rules of procedure,2. The Committee shall elect its officers for a term of two years.3. The Secretariat of the Committee shall be provided by the Secretary-General of the United Nations.F. The meetings of the Committee shall be held at the Headquarters ofthe United Nations.Amendments submitted116. At the 15553^^ meeting the representative of the United Republic of Tanzaniaorally proposed to add the word "normally" before the words "beheld at theHeadquarters of the United Nations" in paragraph 4.117. At the иЗЗЗз^й meeting the Committee voted on the text of article IX and theamendments thereto, as follows:(a) The amendment of the United Republic of Tanzania to paragraph 4 was adopted byr yQ votes to 10, with 55 abstentions.. /•••
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(h) Paragraph 4 as amended was adopted hy 83 votes to none, %jlth 2 abstentions.(c) Article IX as a whole, as amended, was adopted unanimously (for text see paragraph 212, draft resolution A, annex, article 10).Article X (Article 11)*118. The text of article X proposed bjr Ghana, Mauritania and the Philippines (A/C.3/L.129I) which was discussed at the 1353^<3 meeting on 24 November 1965^ read as follo\fs :/Article X1. If a State Party to this Convention considers that another State Party is not giving effect to the provisions of the Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the complaint to the States Parties concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and any remedy that may have been takenby that State.2. If the matter is not adjusted to the satisfaction of both parties, either hy hllateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee constituted in accordance with paragraph 1 of article VIII by notice givento the Committee and also to the other State.3. , The Committee shall deal with a matter referred to it in accordance with paragraph 2 of the present article only after it has ascertained that all available remedies have been invoked and exhausted in the case, in conformity xilth the generally recognized principles of international law.4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant Information.5. When any matter arising out of the present article is being considered by the Committee, the States Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, \fithout. /...
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voting rights, while the matter is under consideration. Adequate notice of the date on which the matter will he considered shall be given to the States Parties concerned.119* At the 1353^^ meeting the proposed article was revised by the sponsors by replacing the words "States Parties" in the second sentence of paragraph 1 by the words "state Party" and by deleting the words "constituted in accordance with paragraph 1 of Article VIII" in paragraph 2. The sponsors also revised paragraph 3 6y adding the following sentence to it: "This shall not be the rule where the application of the remedies is unreasonably prolonged".Amendments submittedParagraph 1120. The representative of Mexico orally proposed to replace the word "complaint" in the second sentence by the woi-d "communication" and to replace the word "shall" by the word "may" in the third sentence. The first of these amendments was accepted by the sponsors.121. The representative of the United Republic of Tanzania orally proposed to replace the words "explanations or statements clax-ifying the matter and any remedy" by the words "statements with reference to the matter and any action".122. The representative of India orally proposed to replace the words "and any remedy" by "and the remedy, if any". This amendment was accepted by the sponsors.Paragraph 3123. The representative of Colombia orally proposed to Insert the words "on the basis of the reply" after the word "ascertained".124. The representatives of Canada and Italy orally proposed to add the word "domestic" before the word "remedies". This amendment was accepted by the sponsors.125. The representative of the United Republic of Tanzania orally proposed a deletion of the paragraph.Paragraph 5126. The representative of Austria orally proposed a deletion of the second sentence. This amendment was accepted by the sponsors.Í/...
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Voting127. At its 1553rd meeting, the Committee voted on the text of article X suhmmtted hy Ghana, Mauritania and the Philippines and the oral amendments thereto, as follows :(a) The amendment of the United Republic of Tanzania to paragraph 1 (seeparagraph 12l) was rejected by 34 votes to 7^ with 45 abstentions.(b) Paragraph 3(i) The amendment of the United Republic of Tanzania (seeparagraph 122 above) to delete the paragraph was rejectedhy 70 votes to 2, with 12 abstentions.(li) The amendment of Colombia (see paragraph 125 above) was rejected by 24 votes to 13, with 45 abstentions.(iii) A separate vote was taken at the request of the representative of the United Republic of Tanzania on the word "domestic" (see paragraph 124 above) and the word was retained by 6l votes to 2,with 16 abstentions.(iv) Paragraph 3 as a whole, as revised by the sponsors, was adoptedby 72 votes to none, with I3 abstentions.(c) Article X as a whole, as revised by the sponsors, was adopted bjr 85 votes to none, with 2 abstentions (for text see paragraph 212, draft resolution A, annex, article ll).Article XI (Article 12)*128. The text of article XI proposed bjr Ghana, Mauritania and the Philippines (A/C.3/L.I291), which was discussed at the 1354th and 1355th meetings on25 and 26 November 19^5^ read as follows:1. (a) Subject to the provisions of paragraph 3 of article X, theChairman of the Committee, after the Committee has obtained and collated all the Information it thinks necessary, shall appoint a Conciliation Commission hereinafter referred to as the Commission, of an ad hoc nature composed of five members with the full and unanimous consent of the parties to the dispute, whose good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for the Convention.
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(ъ) If the States Parties to the dispute fail to reach agreement on all or part of the composition of the Commission xiithin three months, those members of the Commission not agreed upon by the States Parties to the dispute shall be elected by txro-thirds majority vote of the Committee , from amongst its own members.2. The members of the Commission who shall serve in their personal capacity should be persons of such high moral standing and acknoxjledged Impartiality as to deserve the confidence of the States Parties to the dispute, but shall neither be nationals of these States to the dispute nor of a State not party to this Convention.3. The Commission shall elect its own Chairman and adopt its own rules of procedure.4. The meetings of the Commission shall normally be held at the Headquarters of the United. Nations, or at any convenient place as determined by the Commission.5. The Secretariat provided in accordance xjith article IX, paragraph 3, shall also service the Commission whenever a dispute among States Parties brings it into being.6. The States Parties to the dispute shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General.7. The Secretary-General shall be empoxxered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties to the dispute in accordance with paragraph 6 of the present article. '8. The information obtained and collated by the Committee shall bemade available to the Commission and the Commission may call upon the Statgs concerned to supply any other relevant information.
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Amendments submittedParagraph 1129. Canada proposed (A/C.3/L.I298) to replace the text of paragraph 1 (a) by the following text :"After the Comraittee has obtained and collated all the information it thinks necessary, the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred, to as the Commission) comprising five persons who may or may not be members of the Coiranittee. The members of the Commission shall be appointed with the full and unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for the Convention."At the 1354th meeting, the sponsors accepted the amendment of Canada.130. The representative of the United Republic of Tanzania submitted two amendments (A/C.3/L.1299); the first was to insert "from time to time" after the words "shall appoint" in paragraph 1 (a), the second to insert "by secret ballot" after "two-thirds majority vote" in paragraph 1 (b).131. At the 1354th meeting, the representative of Mexico orally proposed the deletion of paragraph 1 (b).Paragraph 2132. The United Republic of Tanzania proposed (A/C.3/L.1299) to replace the text of paragraph 2 by the following text: "The members of the Commission shall servein their personal capacit3?-. They shall not be nationals of the States Partiesto the dispute or of a State not party to this Convention-" The amendment was accepted by the sponsors.Paragraph 4133- At the 1354th meeting, the representative of Pakistan orally proposed to Insert "other" before the words "convenient place". This amendment was accepted bj^ the sponsors.
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Paragraph 6154. The United Republic of Tanzania proposed (A/C.3/L.1299) to replace the text of the paragraph hy the following text: "The expenses of the Commission shall beborne by the regular budget of the United Nations". At the 13554Ь meeting, the representative of the United Republic of Tanzania, orally revised his amendment to read: "States Parties shall he responsible for the expenses of the membersof the Commission while they are in performance of Commission duties".Paragraph 7135' The United Republic of Tanzania proposed (A/C.3/L.I299) to deleteparagraph 7* A similar proposal was made orally by the representative of Mexico.Additional paragraph 9136. The United Republic of Tanzania proposed (a/C.3/L.1299) the addition of the following paragraph 9: "The recommendations of the Commission shall be madepublic, but not necessarily the evidence received in camera hy the Commission".Voting137. At its 13554h meeting, the Committee voted on the text of article XI submitted by Ghana, Mauritania and the Philippines and the amendments thereto as follows :(a) Paragraph 1(i) The amendment of the United Republic of Tanzania, (seeparagraph I3C above) .to the revised text of paragraph 1 (a)(see paragraph 129 above) was rejected by 67 votes to 2, with 15 abstentions;(ii) The amendment of Mexico (see paragraph I3I above) to delete paragraph 1 (b) was rejected by votes to 10, with 16 abstentions;(iii) The amendment of the United Republic of Tanzania (see paragraph I30 above) to paragraph 1 (h) was adopted hy 45 votes to 6, with 33 abstentions;
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(iv) Paragraph 1 as a whole, as amended, was adopted hy 84 votes to none, with 4 abstentions.(b) The amendment of the United Republic of Tanzania. (A/C.5/L.1299)(see paragraph 132 above) to paragraph 2 was accepted by the sponsorsand adopted by 86 votes to none, with 2 abstentions.(c) Paragraph 6(i) The revised amendment of the United Republic of Tanzania (see paragraph 134 above) to paragraph 6 was rejected by 54 votes to 7^ with 34 abstentions;(ii) The original text of paragraph 6 was adopted by 67 votes to none, with 17 abstentions.(d) The proposal of Mexico and the United Republic of Tanzania (see paragraph 135 above) to delete paragraph 7 was rejected by 46 votes to 2, with 37 abstentions.(e) The additional paragraph 9 proposed by the United Republic of Tanzania (see paragraph I36 above) was rejected by 26 votes to 6, with54 abstentions.(f) Article XI as a whole, as amended, was adopted by 8l votes to none,with 6 abstentions in a roll-call vote requested by the representative ofMexico (for text, see paragraph 212, draft resolution A, annex, article 12). The voting was as follows:In favour: Burma, Byelorussian Soviet Socialist Republic, Cameroon,Canada, Ceylon, Chile, China, Colombia, Congo (Democratic Republic of), Costa Rica, Cuba, Czechoslovakia, Denmark,Dominican Republic, Ecuador, El Salvador, Ethiopia,Finland, France, Gabon, Ghana, Greece, Guatemala, Guinea, Haiti, Hungary, India, Iran, Iraq, Ireland., Israel,Italy, Jamaica, Jordan, Kenya, Lebanon, Liberia, Libya, Madagascar, Malaysia, Mali, Mauritania, Mongolia,Morocco, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Romania, Rwanda, Saudi Arabia, Senegal, Spain, Sweden, Thailand, Trinidad, and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Kingdom of Great Britain and Northern Ireland, United States of America, Yemen, Yugoslavia, Zambia, Afghanistan, Algeria, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria.Abstaining: Japan, Mexico, Sudan, United Arab Republic,United Republic of Tanzania, Venezuela. ,/...
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Article XII (Article 13)*138* The text of article XII proposed by Ghana, Mauritania and the Philippines (A/C.5/L.I291), which was discussed at the 1355th meeting on 26 November I965, read a s folloxís ;1. When the Commission has fully considered the complaint, it shall prepare and submit to the Chairman of the Committee a report embodying its findings on all questions of fact i-elevant to the issue betxreen the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.2. The Chairman of the Committee shall- communicate the report of the Commission to each of the States Parties to the dispute, and to the Secretary-General of the United Nations for publication.3. Each of the States Parties to the dispute shall X7ithin three months inform the Chairman of the Committee xihether or not it accepts the recommendations contained in the report of the Commission.139» -At the 1356th meeting, Ghana, Mauritania and the Philippines presented a revised text .of article XII taking into consideration the various viex/s that had been expressed on the original text of the article. The revised text (A/G.3/L.I3OI) read as follows:1. When the Commission has fully considered the complaint, it shall prepare and submit to the Chairman of the Committee a report embodying its findings on all questions of fact relevant to the issue betxreen the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.2. The Chairman of the Committee shall communicate the report of the Commission to each of the States parties to the dispute. These States shall xiithin three months inform the Chairman of the Committee xfhether or not they accept the recommendations contained in the report of the Commission.3* After the period provided in paragraph 2 of the present article, the Chairman of the Committee shall communicate the report of the Comraission and the declarations of States parties concerned related to this report to the Secretary-General of the United Nations for publication.■' /...
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Amendments submitted140. The United Republic of Tanzania proposed (a/C.J/L.IJOP) to insert the words "and received all the evidence" after the word "complaint" in paragraph 1.141. El Salvador proposed (A/C.5/L.I506) to add the following sentence at the end of paragraph 2: "If they do not accept the recorm^endations, the Ccmmittee shall reconsider the problem until a satisfactory solution is reached."142. The United Republic of Tanzania proposed (A/C.j/U.I3O2) two amendments to paragraph 3- The first was to insert the words "hut not necessarily the evidence received in camera" after the words "related, to this report". The second amendment was to replace at the end of the paragraph the words "for publication" hy "for transmission to the General Assembly". At the 1356th meeting the representative of the United Republic of Tanzania withdrew these amendments.Voting143. At the 1356th meeting, the Committee voted on the revised text of article XII submitted by Ghana, Mauritania and the Philippines and the amendments thereto as follows ;(a) The amendment of the United Republic of Tanzania (see paragraph l4C above) to paragraph 1 was rejected by 26 votes to 4, with 5I abstentions;(b) The amendment of El Salvador (see paragraph l4l above) to paragraph 2 was rejected by 11 votes to 1C, with 62 abstentions; .(c) Article XII as a whole, as revised, was adopted hy 8l votes to none, with 2 abstentions (for text, see paragraph 212, draft resolution A, annex, article 13)*
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Article XIII (Article l4)-^^144. Article XIII was discussed at the 1555th to 1358th and 156lst to 13б3гй meetings on 26 and 29 November and 1 and 2 December 1965.Initial text145. , The first text of Article XIII proposed by Ghana, Mauritania and the Philippines (A/C.3/L.129l/Add.l) read as follows:1. A State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of individuals claiming to be victims of a violation of any of the rights set forth in this Convention by that State Party. No communication shall be received by the Committee if it concerns a State Party not having made such a declaration.2. Any State Party which makes a declaration provided for in paragraph 1 of the present article may appoint, elect or indicate a National Committee composed of Individuals independent of the Government of the State or other national body which shall be competent in the first instance to receive and consider petitions fi’om individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies.3* A declaration made in accordance with paragraph 1, and the names of the members of any National Committee or other national body established or indicated in accordance with paragraph 2, of the present article, shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties to the Convention. A declaration may be withdrawn at any time by notification to the Secretary-General, and a change in the composition of the membership , of the National Committee or other national body appointed, elected orindicated in accordance with paragraph 2 of the present article shall be communicated to the Secretary-General in the same manner by the State Party concerned.
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4. A National Committee or other national body appointed, elected or indicated in accordance with paragraph 2 of the present article shall in appropriate cases seek redress from the State Party concerned. In the event of failure to obtain satisfactory redress within six months either the National Committee or other national body appointed, elected or indicated in accordance with paragraph 2 of the present article, or the petitioner, shall have the right to communicate the matter to the Committee.5» A register to enter complaints or alleged violations shall be kept by a National Committee or other national body appointed, elected or indicated in accordance with paragraph 2 of the present article, and certified copies of the register shall he filed with the Secretary-General on the understanding that the contents shall not be publicly disclosed.6. The Committee shall not receive anonymous communications. It shall confidentially bring communications to the attention of the State Party alleged to be violating the Convention, but the identity of the individualor groups of Individuals concerned shall not be revealed without his or their express consent.7. The Committee shall include in its annual report a summary of such communications and, where appropriate, the observations and replies of the States Parties concerned.l46. Cn the submission of the above-mentioned text the representative of Saudi Arabia withdrew his proposed article (a/C.3/L.1297) which read as follows;1. Each State Party to this Convention shall constitute a National Committee consisting of nine members chosen from independent and objective persons not having any official connexion with the Government of the State.2. Any person within the jurisdiction of the State claiming that any of his rights enumerated in the Covenant has been violated, may submit his case before this Committee.5- . The National Committee shall ascertain the facts and if it deems that the case is well founded, shall endeavour to obtain satisfaction for the petitioner from the Government.4. In the event the said Committee does not succeed in obtaining satisfaction for the petitioner or should the Committee dismiss the case, either the Committee or the petitioner, as the case may be, shall have the right to
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appeal to a national tribunal specially constituted for examining any . violations to the rights set forth in this Convention.5. The names of the members constituting the National Committee shall be registered with the United Nations.6. The National Committee shall have an appropriate register to enter any complaint or alleged violation submitted to it, regardless of whether suchcomplaint or violation is entertained by it or not.7. Certified copies of the register mentioned in the previous paragraph shall be submitted by the National Committee to the Secretary-General on the understanding that the contents of such certified copies shall not be disclosed and will be kept confidential by the Secretary-General.Amendments submitted147. Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Panama and Peru proposed (a/C.J/l.IJOJ) the following amendments to paragraphs 2 to 5 of the text submitted by Ghana, Mauritania and the Philippines;(a) Replacement of paragraph 2 by;"Any State Party which makes a declaration provided for. in -paragraph 1 of the present article may appoint, elect or Indicate anorgan or organs competent to receive and consider petitions from individuals and groups of Individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies, and to determine the nature and extent of appropriate compensation.A declaration may be withdrawn at any time by means of a notification to the Secretary-General, who shall also be Informed of any change in the name of the aforesaid organ or organs."(b) Replacement of paragraph 3 by;"A declaration made in accordance with paragraph 1, and the name of the organ or organs appointed, elected or indicated shall be communicated through the intermediary of the Secretary-General to the other States , Parties."(c) Deletion of paragraph 4 '(d) Replacement of paragraph 5 by: ,"A register to enter complaints or alleged violations shall be .kept by the organ or organs appointed, elected or indicated. The States Parties shall undertake to communicate to the Secretary-General certified copies of such complaints and alleged violations, on the understanding that the contents shall not be publicly disclosed." j
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First revised textl48. At the 1362nd meeting Argentina, Chile, Colombia, Costa Rica, Ecuador, Ghana, Guatemala, Mauritania, Panama, Peru and the Philippines proposed (a/C.3/L.13C8) a revised text of Article XIII, which read as follows:"1. A State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of individuals claiming to be victims of a violation of any of the rights set forth in this Convention hy that State Party. Wo communication shall be received by the Committee if it concerns a State Party which has not made such a declaration."2. Any State Party which makes a declaration provided for in , paragraph 1 of the present article may establish or indicate a body within its national legal order which shall he competent to receive and consider petitions from Individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies."3. A declaration made in accordance with paragraph 1 of the present article -and the name of any body established or indicated in accordance with paragraph 2 of the present article, shall be deposited by the State Party concerned with the Secretary-General of the United, Nations, who shall transmit copies thereof to the States Parties to the Convention. A declaration may he withdrawn at any time by notification to the Secretary-General but such a withdrawal shall not affect communications pending before the Committee."4. In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of the present article, the petitioner within six months shall have the right to communicate the matter to the Committee. The Committee shall deal with the communication after having ascertained that the provisions of paragraph 2 of the present article have been fulfilled."5- A register of complaints or alleged violations shall be kept by the body established or indicated in accordance with paragraph 2 of the present article, and certified copies of the register shall be filed through appropriate channels with the Secretary-General on the understanding that the contents shall not he publicly disclosed."6. The Committee shall not receive anonymous communications. It shall confidentially bring other communications to the attention of the State Party alleged to be violating the Convention, but the identity of the individual or groups of Individuals concerned shall not be revealed without his or their express consent.
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"7- The Committee shall Include in its annual report a summary of such communications and,’where appropriate, the observations and replies of the States Parties concerned."Amendments submitted149. Lebanon proposed (a/C.3/L.1315) the following amendments: (a) to the words"within its jurisdiction" after the words "groups of individuals" in paragraph 1; (b) to renumber paragraph 4 as paragraph 5 aud to delete the last sentence of the new paragraph 5i (c) to renumber paragraph 5 as paragraph 4, to replace the words "complaints or alleged violations" by the word "petitions", and to add the word "annually" after the word "filed"; (d) to replace paragraphs 6 and 7 by the following paragraphs:"6. (a) The Committee shall confidentially bring any communication referred to it, if it considers it to be receivable, to the attention of the State Party alleged to be violating any provision of the Convention, but the identity of the individual or groups of Individuals concerned shall not be revealed without his or their express consent. The Comraittee shall not receive anonj^ous communications."(b) Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State."7- (a) The Committee shall consider communications in the light of allInformation made available to it by the State Party concerned, and by the petitioner. However, it shall not consider any communication from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic remedies."(b) The Committee shall communicate its suggestions and recommendations in each matter considered by it to the State Party concerned and to the petitioner."8. The Committee shall include in Its annual report referred to in article VIII (bis), paragraph 2, a summary of such communications which it has considered and of the explanations and statements of the States Parties concerned as well as of suggestions and recomraendations of the Committee.'"Second revised text150. With a view to taking into account the amendments proposed by Lebanon and the opinions expressed in the course of the discussion, Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Ghana, Guatemala, Mauritania, Panama, Peru and the Philippines presented the'' following revised text of the article (A/C.3/L.1308/Rev.l) at the 1363rd meeting of the Committee:
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"1. A State Party to this Convention may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of Individuals within its jurisdiction claiming to be victims of a violation of any of the rights set forth in this Convention by that State Party. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.”2. Any State Party which makes a declaration provided for in paragraph 1 of the present article may establish or Indicate a body within its national legal order which shall he competent to receive and consider petitions from individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies."5. A declaration made in accordance with paragraph 1 of the present article and the name of ащ'' body established or indicated in accordance with paragraph 2 of the present article, shall he deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties to the Convention. A declaration may he withdrawn at any time by notification to the Secretary-General but such a withdra^ral shall not affect communications pending before the Committee."4. A register of petitions shall be kept by the body established or indicated in accordance with paragraph 2 of the present article, and certified copies of the register shall be filed annually through appropriate channels with the Secretary-General on the understanding that the contents shall not be publicly disclosed."5. In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of the present article, the petitioner within six months shall have the right to communicate the matter to the Committee.,"6. (à) The Committee shall confidentially bring any communicationreferred to it to the attention of the State Party alleged to be violating any provision of the Convention, hut the Identity of the individual or groups of individuals concerned shall not be revealed without his or their express consent. The Committee shall not receive anonymous communications."(b) Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State,"7. The Committee shall consider communications in the light of all information made available to it by the State Party concerned and by the petitioner. The Committee shall not consider any communication from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic remedies. However, this shall not be the rule where the application of the remedies is unreasonably prolonged."8. The Committee shall include in its annual report a summary of suchcommunications and, where appropriate, the observations and replies of theStates Parties concerned," // • • •
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Aiuendments submitted151. Lebanon proposed (a/C.J/L.1315/Rev.l) renumbering the text of paragraph 7 as paragraph 7 (a) and the insertion of the following as paragraph 7 (b):"The Committee shall communicate its suggestions and recommendations, if any, to the State Party concerned and to the petitioner."Lebanon also proposed replacing the phrase following the words "xihere appropriate"by "a summary of the explanations and statements of the States Parties concerned and of suggestions and recommendations of the Committee" in paragraph 8.152. Sweden proposed (A/C.3/L.I316) to add the following paragraph as paragraph 9:"The Committee shall only exercise the competence provided for in this Article when at least ten States Parties to the Convention are bound by declarations In accordance with paragraph 1 of the present Article."Voting .153. At its 1363rd meeting the Committee voted on the fourteen-Power revised text of Article XIII (see paragraph 15O above) and the amendments thereto as follows:(a) Paragraph 2 . ’(i) A separate vote was taken, at the request of the representative of Jamaica, on the words "within its national legal order" in paragraph 2, and those words were adopted by 6l votes to none, xilth 23 abstentions.(ii) Paragraph 2, as a whole, was adopted by 67 votes to none, with 17 abstentions.(b) Paragraph 7 .(i) The amendment of Lebanon (see paragraph I51) to paragraph 7 xras adopted in a roll-call vote, requested by the representative of Nigeria, by 43 votes to 12, with 34 abstentions. The voting was as follows:
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a/6i8iEnglish Page 56In favour:Against :Abstaining:Argentina, Austria, Bolivia, Brazil, Burma, Cameroon, Canada, Central African Republic, Ceylon, Chad, Chile, Congo (Brazzaville), Congo (Democratic Republic of), Denmark, Finland, Greece, Guatemala, Iceland, Iran, Ireland, Jamaica, Jordan, Kenya, Lebanon, Liberia, Libj^a, Luxembourg, Mexico, Netherlands, New Zealand, Niger, Nigeria, Norway, Pakistan, Rwanda, Saudi Arabia, Senegal, Sudan, Sweden, Tunisia,Turkey, Uganda, United Republic of Tanzania.Bulgaria, Byelorussian Soviet Socialist Republic, Colombia, Czechoslovakia, Guinea, Hungary, Mongolia, Poland, Romania, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic.Afghanistan, Algeria, Australia, Belgium, China, Costa Rica, El Salvador, Ethiopia, France, Ghana, Haiti, India, Iraq, Israel, Italy, Japan, Madagascar, Malawi, Mali, Mauritania, Morocco, Peru, Philippines, Portugal, Spain, Thailand, Trinidad and Tobago, United Kingdom of Great Britain and Northern Ireland, United States of America, Upper Volta, Venezuela, Yemen, Yugoslavia.(ii)(c)Paragraph 7^ as amended, was adopted by 67 votes to none, with 20 abstentions.Paragraph 8(i) The amendjiient of Lebanon (see paragraph 15I above) was adopted by 48 votes^to with 31 abstentions.(ii) Paragraph 8 as amended was adopted by 66 votes to none, with23 abstentions.The amendment of Sweden (see paragraph 152 above) to add a newparagraph 9 was adopted by 52 votés to 1, with 31 abstentions.(e) Article XIII as a whole, as amended, was adopted by 66 votes to none, v/ith 19 abstentions (for text, see paragraph 212, draft resolution A, annex, article l4).(d)Article XIII (bis) (Article 15)'^^154. The Conmiittee discussed Article XIII (bis) at its 1363rd to 1366th and 1368th meetings on 2, 0, 6 and 8 December I965.
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Initial text155- At the 1365ГС1 meeting Sudan, the United Arab Republic and the United Republic of Tanzania proposed (A/C.3/L.I307) the follo^flng text for Article XIII his after Article XIII proposed by Ghana, Mauritania and the Philippines (A/C.3/L.129l/Add.l):"1. No provisions in this Convention shall prevent the Committee established under Article VIII, paragraph 1, from accepting petitions from the Inhabitants of non-independent Territories, regarding the legislative, Judicial, administrative or other measures that the Administering Authority has adopted presumably to give effect to the provisions of this Convention."2. The Committee shall examine these petitions in consultation with the Administering Authority concerned."3« The Committee shall co-operate with bodies of the United Nations гЛ1сЬ deal with matters directly related to the principles and objectives of this Convention."Amendments submitted156. The Netherlands proposed (a/C.3/L.1317) the replacement of the text by the following:"The provisions of this Convention shall in no way affect or prejudice the right of individuals or groups of individuals to send petitions to international bodies, as set forth by other International instruments; or as practices within the framework of the United Nations and its specialized agencies."157- At the 1368th meeting, the representative of the Netherlands withdrew his amendment.First revised text158. At the 1364th meeting Mauritania, Sudan, the United Arab Republic and the United Republic of Tanzania submitted the follow-ing revised text (A/C.3/b.l5C7/Rev.l):1. No provisions in this Convention shall prevent the Committee established under article VIII, paragraph 1, from accepting petitions concerning the violation of human rights stemming from racial discrimination, from the inhabitants of Territories to which the Declaration on the Granting of Independence to Colonial Countries and Peoples, General Assembly resolution 1514 (XV) of l4 December I96D, applies, or petitions regarding/
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the legislative, judicial, administrative or other measures that the Administering Authority has put into force in these Territories to give effect to the provisions of this Convention.2. The Committee shall examine these petitions in consultation with the Administering Authority concerned, and make appropriate recommendations.3. The Comrûittee shall co-operate with bodies of the United Nations xihich deal with matters directly related to the principles and objectives of this Convention.Second revised text159. At the 1366th meeting a second revised text of Article XIII (bis) was submitted by Algeria, Congo (Brazzaville), Congo (Democratic Republic of), Ethiopia, Chana, Jamaica, Kenya, Liberia, Libya, Madagascar, Malawi, Mauritania, Morocco, Nigeria, Rwanda, Senegal, Sudan, Togo, Tunisia, Uganda, United Arab Republic and United Republic of Tanzania (а/С.З/L.1507/Rev.2) reading as folloxís:1, Pending the achievement of the objectives of General Assembly resolxition 1514 (XV) of l4 December I960, concerning the Declaration on the Granting of Independence to Colonial Countries and Pedples, the provisions of this Convention shall be applied in full to the inhabitants of those Territories, and shall in no way limit the right of petition granted to these inhabitants by other international instruments or by the United Nations and its specialized agencies.2. (a) The Committee established in accordance with article VIII, paragraph 1, shall receive petitions from, and tender expressions of opinion and recommendations on these petitions to, the bodies of the United Nations which deal xri.th matters directly related to the principles and objectives of this Convention with respect to petitions from the Inhabitants of Trust and Non-Self-Governing Territories, orall other Territories to x/hich General Assembly resolution 1514 (XV) applies, and relating to matters covered by this Convention which are before these bodies.(b) The Committee shall express itself and make recommendations on the legislative. Judicial, administrative or other measures applied by the administering Powers within the Territories mentioned in paragraph 1 of the present article, to give effect to the provisions of this Convention.
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5. The Comraittee shall include in its reports to the General Assembly a summary of the petitions it has received from United Nations bodies, and the expressions of opinion and recommendations of the Comraittee, related to the said petitions, and the legislative, judicial, administrative and other measures applied by the administering Powers for the purpose of giving effect to the provisions of this Convention. .4. The Committee shall request from the Secretary-General of the United Nations ail information relevant to the objectives of this Convention, and available to him regarding the Territories mentioned in paragraph i of the present article.Third revised text160. At the 1368th meeting the twenty-two Powers submitted a third revised text (A/C.3/L.1307/Rev.3) reading as follows; ."1. Pending the achievement of the objectives of General Assembly resolution 1514 (XV) of l4 December I96O, concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies. •"2. (a) The Committee established in accordance with article VIII,paragraph 1, shall receive copies of the petitions from, and tender expressions of opinion and recoimnendations on these petitions to, the bodies of the United Nations which deal with matters directly related to the principles and objectives of this Convention with respect to petitions from, the inhabitants of Trust and Non-Self-Governing Territories, or all other Territories to which General Assembly resolution 1514 (XV) applies, and relating to matters covered by this Convention which are before these bodies."(ъ) The Committee shall express itself and make recommendations on the legislative, judicial, administrative or other measures applied by the administering Powers within the Territories mentioned in paragraph 1 of the present article, to give effect to the provisions of this Convention."5. The Committee shall include in its report to the General Assembly a summary of the petitions it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee, related to the said petitions, and the legislative, judicial, administrative and other measures applied bjr the administering Powers for the purpose of giving effect to the provisions of this Convention."4. The Committee shall request from the Secretary-General of the United Nations all information relevant to the objectives of this Convention and available to him regarding 'the Territories mentioned in paragraph 1 of the present article." .
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Amendments submittedParagraph 2161. Lebanon and Saudi Arabia proposed (а/С.З/L.I319) to replace paragraph 2 (b) by the following:"2. (b) The Committee shall receive from the competent bodies of theUnited Nations copies of the reports concerning the legislature, judicial, administrative or other measures related to the principles and objectives of this Convention applied by the Administering Powers ^ilthin the territories mentioned in sub-paragraph (a) of this paragraph and shall express opinions and make recommendations to these bodies,".162. At the 1368th meeting the representatives of Lehanon and Saudi Arabia accepted an oral amendment of the United Republic of Tanzania to add to their text for paragraph 2 (b) the word "directly" bet^reen the words "measures" and "related".163. At the same meeting, the representative of the United Republic of Tanzania orally proposed as an amendment to the amendment of Lebanon and Saudi Arabia the addition of a new paragraph 2 (c) to read as follows:"The Committee shall be empowered to receive comments, complaints, statements, or other comiunication directly from the inhabitants of these territories with respect to the legislative, judicial, adralnistrative or other measures applied by the Administering Powers in such territories."Paragraph 3 ^164. Lehanon and Saudi Arabia proposed (a/C.3/L.1319) To replace paragraph 3 by the following:"3. The Committee shall include in its report to the General Assembly a summary of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee, related to the said petitions and reports."Paragraph 4165. At the 1368th meeting the representative of Nigeria orally proposed that the words "paragraph 1" be replaced by "paragraph 2 (a)". The sponsors accepted this amendment.
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Voting166. At its 1368th meeting on 8 December, the Committee voted on the third revised text of Article XIII (bis) proposed by the twenty-two Powers (see paragraph 160 above) and the amendments thereto as follows; ■(a) The amendment of Lebanon and Saudi Arabia to paragraph 2 (b) (see paragraphs 161-162 above) was adopted by 58 votes to 2, with 29 abstentions;(b) The amendment of the United Republic of Tanzania to add a new paragraph 2 (c) (see paragraph 163 above) was rejected in a roll-call vote, taken at the request of the United States of America, by 43 votes to 25, with 23 abstentions. The voting was as follows: ^In favour: Algeria, Bulgaria, Burma, Byelorussian Soviet SocialistRepublic, Cameroon, Chad, Congo (Democratic Republic of), Cuba, Czechoslovakia, Dahomey, Guinea, Hungary, Iraq, Mauritania, Mongolia, Poland, Sudan, Togo, Tunisia,Ulcrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Republic of Tanzania, Yemen, Yugoslavia.-Against; Argentina, Australia, Austria, Belgium, Canada, Chile,China, Colombia, Costa Rica, Denmark, Ecuador, Ethiopia, Finland, France, Ghana, Greece, Guatemala, Honduras,Iceland, Ireland, Israel, Italy, Jamaica, Japan, Lebanon, Liberia, Luxembourg, Madagascar, Netherlands, New Zealand, Nigeria, Norway, Panama, Peru, Philippines, Portugal,Senegal, Sierra Leone, Spain, Sweden, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America. .Abstaining: Afghanistan, Bolivia, Brazil, Ceylon, Haiti, India, Iran,Ivory Coast, Jordan, Kenya, Kuwait, Libya, Malawi, Mexico, Morocco, Pakistan, Rwanda, Saudi Arabia, Thailand,. Trinidad and Tobago, Uganda, Upper Volta, Venezuela.(c) The amendment of Lebanon and Saudi Arabia to paragraph 3 (see paragraph l64 above) was adopted by 58 votes to 2, with 29 abstentions;(d) Paragraph 1 of the twenty-two-Power proposal was adopted by 86 votes to 1, with 2 abstentions; '(e) Paragraph 2 (a) of the twenty-two Power proposal was, adopted in a roll-call vote, requested by the representative of the United Kingdom, by 76 votes to 3, with 12 abstentions. The voting was as follows:. f '/...
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In favour:Against:Abstaining:Afghanistan, Algeria, Argentina, Austria, Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cameroon, Ceylon,Chad, Chile, China, Congo (Democratic Republic of), Cuba, Czechoslovakia, Dahomey, Denmark, Ecuador, Ethiopia,Finland, Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary,India, Iran, Iraq, Ireland, Israel, Italy,Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait,Lebanon, Liberia, Libya, Luxembourg, Madagascar, Malawi, Mauritania, Mexico, Mongolia, Morocco, Netherlands, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Poland, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Spain, Sudan, Sweden, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda,Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Republic of Tanzania, Venezuela, Yemen, Yugoslavia.Australia, Portugal, United Kingdom of Great Britain and Northern Ireland.Belgium, Bolivia, Brazil, Canada, Colombia, Costa Rica,France, Iceland, New Zealand, Thailand, United States of America, Upper Volta.(f) Paragraph 4 of the twenty-two-Power proposal, as orally revised (see paragraph 165 above), was adopted by 8l votes to 1, with 7 abstentions;(g) Article XIII (bis), as a whole, as amended, was adopted in a roll-call vote, requested by the representative of the United Republic of Tanzania, by 83 votes to 2, with 6 abstentions (for text, see paragraph 212, draft resolution A, annex, article 15)• Thé voting was as follows:In favour: Afghanistan, Algeria, Argentina, Austria, Bolivia, Brazil,Bulgaria, Burma, Byelorussian Soviet Socialist Republic, Cameroon, Ceylon, Chad, Chile, China, Colombia, Congo (Democratic Republic of), Costa Rica, Cuba, Czechoslovakia, Dahomey, Denmark, Ecuador, Ethiopia, Finland, Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast, Jamaica, Japan, Jordan, Kenya, Kuwait, Lebanon, Liberia, Libya, Luxembourg, Madagascar, Malawi, Mauritania, Mexico, Mongolia, Morocco, Netherlands, New Zealand, Nigeria,. Norway, Pakistan, Panama, Peru, Philippines, Poland, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Spain, Sudan, Sweden, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Republic of Tanzania, Venezuela, Yemen, Yugoslavia.Against; Portugal, United Kingdom of Great Britain and Northern Ireland.Abstaining; Australia, Belgium, Canada, France, United States of America, Upper Volta./
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Article XIV (Article 16)*167.. The text of Article XVI proposed hy Ghana, Mauritania and the Philippines (a/c.З/L.1291j article XIIl), which was discussed at the 1558th meeting on 29 November 196^, read as follows;"The provisions of this Convention concerning the settlement of disputes or complaints shall be applied without prejudice to existing constitutional or other binding provisions of agencies related to the United Nations dealing with the settlement of disputes or complaints in the field of discrimination, and shall not prevent the States Parties to the Convention from resorting to other procédures for settling a dispute in accordance with the general or special international agreements in force between them."Amendments submitted168. New Zealand proposed (a/C.5/L.1304): (a) replacing the words "existingconstitutional or other binding provisions of agencies related to the United Nations dealing with the settlement of disputes or complaints in the field of discrimination" by the words "other procedures available for settling disputes or complaints in the field of discrimination and laid down in the constituent instruments of, or in conventions adopted bjr, the United Nations and its specialized agencies"; (b) deleting the words "to the Convention" after the words "States Parties". .169. At the 1358th meeting the representative of Lebanon orally proposed the deletion of the words "available" and the word "and" in the first part of the amendment of New Zealand. These deletions were accepted by New Zealand.170. At the same meeting, the New Zealand amendments incorporating the Lebanese amendments were accepted by Ghana, Mauritania and the Philippines.Voting171. At its 1358th meeting the Committee voted on Article XIV as amended bj/- New Zealand and Lebanon and accepted by Ghana, Mauritania and ÿhe Philippines (see paragraph 170 above) as follows:
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(a) The first part of the text up to the words "specialized agencies" was adopted by 78 votes to none, with one abstention.(b) The remainder of the text was voted on separately, at the request ofthe representative of Belgium, and retained by 58 votes to 4, with ,13 abstentions.(c) Article XIV as a whole, as revised, was adopted by 78 votes to none,with one abstention (for text, see paragraph 212, draft resolution A, annex,article 16).Financial Implications of the articles on measures of implementation172.. A statement of financial implications was gubmitted by the Secretary-General (A/c.3/L.1292} on the articles of implementation proposed by Ghana, Mauritania and the Philippines (a/c.3/L.1291)• Luring the course of the discussion on the articles, oral statements on financial implications were made at the 1352nd,1553rd, 1354th, 1355th, and 1356th meetings held on 23^ 24, 25 and 26 November I965.C. Final Clauses173. At its 1299th meeting on 11 October 1965 the Committee agreed that the Officers of the Comimittee should submit to the Committee suggestions for final clauses based on the document on final clauses (e/CN.4/l.679) transmitted tothe General Assembly by the Commission on Human Rights (see paragraph 4 (d) above).174. The Committee discussed the final clauses on the basis of suggestions submitted by its Officers (a/C.5/L.1257) at its 1358th and 1366th to 1368th meetings held on 29 November, 6, 7 and 8 December 19б5- It agreed that the clauses x/hich were self-contained and referred to articles within themselves would be revisedin the light of the final text of the Convention.
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Clause I (Article 1?)^175V The text of clause I suggested hy the Cffleers of the Committee (A/C.3/L.I237), which was discussed at the 1366th meeting on 6 December I965, read as follows:"1. The present Convention is open for signature by any State Member of the United Nations or of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been Invited by the General Assembly of the United Nations to become a party to the Convention."2. The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations." 'Amendments.submitted176. Poland proposed (a/c.3/L.1272) to replace paragraph 1 hy the following text;"The present Convention is open for signature hy all States."Voting177. At its 1366th meeting the Committee voted on the text of clause I submitted by its Officers and the amendment thereto as follows;"(a) At the request of the representative of Colombia the amendment of Poland (see paragraph 176 above) to paragraph 1 was voted on by roll-call and rejected by 4l votes to 52, with I8 abstentions. The voting was as follows:In favour: Hungary, India, Iraq, Kenya, Kuwait, Mali, Mauritania,Mongolia, Morocco, Nigeria, Pakistan, Poland, Romania, Senegal, Sudan, Ukrainian Soviet Socialist Republic,Union of Soviet Socialist Republics, United Arab Republic, . Yemen, Yugoslavia, Afghanistan, Algeria, Bulgaria,Byelorussian Soviet Socialist Republic, Chad, Congo (Brazzaville), Congo (Democratic Republic of), Cuba, Czechoslovakia, Ethiopia, Ghana, Guinea.
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Against: Honduras, Ireland, Isi-ael, Italy, Jamaica, Japan, Liberia,Luxembourg, Madagascar, Mexico, Netherlands, New Zealand, Norway, Panama, Peru, Philippines, Portugal, Spain, Sweden, Thailand, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Costa Rica,, Denmark, Ecuador, El Salvador, Finland, France, Greece, Guatemala.Abstaining: Iran, Lebanon, Libya, Malawi, Malaysia, Rwanda, Togo,Trinidad and Tobago, Tunisia, Uganda, United Republic of Tanzania, Upper Volta, Burma, Cameroon, Central African Republic, Dahomey, Gabon, Haiti.(b) Clause I as a whole was adopted by 75 votes to 10, with 3 abstentions (for text, see paragraph 212, draft resolution A, annex, Article 17)*"Clause II (Article l8)*178. The text of clause II suggested by the Officers of the Committee (a/c.3/L.1237)^ which was discussed at the 1366th meeting on 6 December I965, read as follows:"1. The present Convention shall be open to accession by an State referred to in paragraph 1 of article 1."2. Accession shall be effected by the deposit of an Instrument of accession with the Secretary-General of the United Nations."Amendments submitted179» Poland proposed (a/C.3/L.1272) to replace paragraph 1 by the following text;"The present Convention is open to accession by any State which has not signed it."Voting180. At its 1366th meeting the Committee voted on the text of clause II submitted by its Officers and the amendment thereto as follows;
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"(a) At the-request of the representative of Mauritania the amendment of Poland (see paragraph 179 above) to paragraph 1 was voted on by roll-call and rejected by 45 votes to 29, with I9 abstentions. The voting was as follows:In favour: Afghanistan, Algeria, Bulgaria, Byelorussian SovietSocialist Republic, Congo (Brazzaville), Congo (Democratic Republic of), Cuba, Czechoslovakia, Ethiopia, Chana,Guinea, Hungary, Iraq, Kuwait, Mali, Mauritania, Mongolia, Morocco, Nigeria, Pakistan, Poland, Romania, Senegal,Sudan, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United Arab Republic, Yemen,Yugoslavia.Against: Argentina, Australia, Austria, Belgium, Brazil, Canada,Chile, China, Colombia, Costa Rica, Denmark, Ecuador,El Salvador, Finland, Prance, Greece, Guatemala, Haiti, Honduras, Ireland, Israel, Italy, Jamaica, Japan, Liberia, Luxembourg, Madagascar, Malaysia, Mexico, Netherlands,New Zealand, Nor\-/ay, Panama, Peru, Philippines, Portugal, Spain^ Sweden, Thailand, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela.Abstaining: Burma, Cameroon, Central African Republic, Chad, Dahomey,Gabon, India, Iran, Kenya, Lebanon, Libya, Malawi, Rwanda, Togo, Trinidad and Tobago, Tunisia, Uganda, United Republic of Tanzania, Upper Volta."(b) Also at the request of the representative of Mauritania clause II as a whole was voted on by roll-call and adopted by 76 votes to 12, with 3 abstentions (for text, see paragraph 212, draft resolution A, annex, article 18). The voting was as folloxis:In favour: Denmark, Ecuador, El Salvador, Ethiopia, Finland, France,Gabon, Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Kenya, Kuwait, Lebanon, Liberia, Libya, Luxembourg,Madagascar, Malawi, Malaysia, Mexico, Morocco, Netherlands, New Zealand, Nigeria, .Norway, Pakistan, Panama, Peru, Philippines, Portugal, Rwanda, Senegal, Spain, Sudan, Sweden, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, United States of America, Upper Volta, Venezuela, Yemen, Yugoslavia, Afghanistan, Algeria, Argentina, Australia, Austria, Belgium, Brazil, Burma, Cameroon,Canáda, Central African Republic, Chad, Chile, China,Colombia, Congo (Democratic Republic of), Costa Rica.
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Against: Hungary, Mali, Mauritania, Mongolia, Poland, Romania,Ulcrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, Bulgaria, Byelorussian Soviet Socialist Republic, Cuba, Czechoslovakia.Abstaining: United Republic of Tanzania, Congo (Brazzaville), Dahomey.Clause III (Article 19)»181. The text of clause III suggested by the Cfficers of the Committee (a/c.3/L.123T); which was discussed at the 1366th meeting, read as follows:"1. The present Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or instrument of accession."2. For. each State ratifying the Convention or acceding to it after the deposit of the twentieth instrument of ratification or instrument ofaccession, the present Convention shall enter into force on the thirtiethday after the date of the deposit of its own instrument of ratification or Instrument of accession."Amendment submitted .182. Ghana, Mauritania and the Philippines proposed (a/C.3/L.1513) to replace the word "twentieth" hy "twenty-seventh" in paragraphs 1 and 2.Voting183. At its 1366th meeting the Committee voted on the text of clause III submitted by its Cfficers and the amendment thereto as follows:(a) The amendment of Ghana, Mauritania and the Philippines (see paragraph 182above) to paragraphs 1 and 2 was adopted without objection.(b) Clause III as a whole, as amended, was adopted unanimously (for text, see paragraph 212, draft resolution A, annex, article 19).
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l84. The text of clause IV suggested hy the Officers of the Committee (a/c,3/L.1257) which was discussed at the 1367th and 1368th meetings on 7 and 8 December I965, read as follows;"1. The present Convention shall apply to all non-self-governing, trust, colonial and other non-metropolitan territories for the international relations of which any State Party is responsible. Subject to the provisions of paragraph 2 of this article, the Party concerned shall, at the time of signature, i-atiflcation or accession, declare the non-metropolitan teri-itory or territories to which the Convention shall apply ipso facto as a result of such signature, ratification or accession."2. In any case in which the previous consent of a non-metropolitan territory is required by the constitutional laws or practices of the Party or of the non-metropolitan territory, the Party concerned shall endeavour to secure the needed consent of the non-metropolitan territory within the period of twelve months from the date of signature of tfee Convention by the metropolitan State, and when such consent has been obtained, the Party shall notify the Secretary-General, This Convention shall apply to the territory or territories named in such notification from the date of its receipt by the Secretary-General."5. After the expiry of the twelve-month period mentioned in the preceding paragraph, the States Parties concerned shall Inform the Secretary-General of the results of the consultations with those nonmetropolitan territories for whose international relations they are responsible and whose consent to the application of this Convention may .have been withheld.”Amendments submitted185. Poland proposed (a/C.3/L.12T2) to delete the whole clause.Voting186. At its 1368th meeting the Committee adopted by 66 votes to 3^ with8 abstentions the amendment of Poland (see paragraph 185 above) to delete the whole clause. -
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187., The text of clause V suggested hy the Officers of the Committee (а/С.З/е.1237/Согг.1 in Spanish only), which was discussed at the 1367th meeting on 7 December I965, read as follows:"In the case of a Federal or non-Unitary State, the following provisions shall apply:"(a) With respect to those ai-ticles of this Convention that come within the legislative jurisdiction of the Federal legislative authority, the obligations of the Federal Government shall to this- extent be the same as those of Parties which are not Federal States;"(b) With respect to those articles of this Convention that come within the legislative jui-isdiction of constituent States, provinces or cantons which are not, under the constitutional system of the Federation, bound to take legislative action, the Federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of States, provinces or cantons at the earliest possible moment;"(c) A Federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of ■ the Federation and its constituent units in regard to any particular provision of the Convention showing the extent to which effect has been given to that provision by legislative or other action."Amendment submitted188. Poland proposed (a/c.3/L.1272) to delete the whole clause.Voting189. At its 1367th meeting, the Committee adopted by 63 votes to 7, with16 abstentions the amendment of Poland (see paragraph 188 above) to delete the whole clause.
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190. The text of Clause VI suggested hy the Officers of the Committee (a/cô/L.1237) , which was discussed at the 1367th and 1368th meetings on 7 and 8 December I965, read as follows: ' ."1. At the time of signature, ratification or accession, any State may make reservations to any article in the present Convention."2. If any State makes a reservation in accordance with paragraph 1 of the present article, the Convention, with the exception of those provisions to which the reservation relates, shall have effect as between the reserving State and the other Parties. The Secretary-General of the United Nations shall communicate the text of the reservation to all States which are or may become Parties to the Convention. Any State Party to the ^ Convention or which- thereafter becomes a Party may notify the Secretary-General that it does not agree to consider itself hound by the Convention with respect to the State making the reservation. This notification must be made, in the case of a State already a Party, within ninety days from the date of the communication by the Secretary-General; and, in the case of a State subsequently becoming a Party, within ninety days from the date when the Instrument of ratification or accession is deposited. In the event that such a notification is made, the Convention shall not be deemed to be in effect between the State making the notification and the State making the reservation. ."3. Any State making the reservation in accordance with paragraph 1 of the present article may at any time T-rithdraw the reservation, in whole or in part, after it has been accepted, by a notification to this effect addressed to the Secretary-General of the United Nations. Such notification shall take effect on the date on which it is received."Amendments submitted191* Poland proposed (a/c.5/l.1272) to replace the text by the following:"1. At the time of signature, ratification or accession, any State may make reservations to the present Convention with the exception of articles I, II, III, IV, V."2. Any State Party which has made reservations in accordance with paragraph 1 of the present article may at any time withdraw them hy written notification to this effect to "the Secretary-General of the United Nations. Such notification shall take effect on the date on which it is received."
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a/6i8iEnglish .Page 72192. The amendment of Ghana, Mauritania and the Philippines (a/C.3/l.1314) sought to insert "I to V and VIII to XIV" after the xrord "Articles" in paragraph 1 of the, Polish amendment.193. At the 1368th meeting the representative of Canada orally proposed to delete the x7hole clause.Voting194. At its 1368th meeting the Committee adopted Ъу 25 votes to 19, with ,34 abstentions the amendment of Canada (see paragraph 193 above) to delete the whole clause. .Clause VII (Article 20)*195*. 'Hie text of Clause VII suggested by the Officers of the Committee(a/c.3/L.1237), which was, discussed at the 1367th meeting on 7 December I965, readas folloxis:"A Contracting State may denounce the present Convention by xrritten notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General."Vo'bing196. Clause VII as suggested xias adopted unanimously (for text, see paragraph 212, draft resolution A, annex, article 20)Clause VIII (Ai-ticle 2l)*197., The text of Clause VIII suggested by the Officers of the Committee .(a/c.3/L.1237), which xras discussed at the 1367th meeting on 7 December 1965, read as follows:"Any dispute betx/een two or more Contracting States over the interpretation or application of this Convention, which is not settled by negotiation, shall at the request of any of the parties to the dispute be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement."
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Amendments submitted198. The amendment of Poland (a/C.5/L.1272) sought to replace the word "any" by "all". ■ .199» The amendment of Ghana, Mauritania and the Philippines (a/C.J/L.IJIJ) called for the deletion of the comma after "negotiation" and the insertion of the following between the words "negotiation" and "shall": "or by the proceduresexpressly provided for in this Convention".Voting200. At its 1367th meeting the Committee voted on the text of Clause VIII submitted by its Officers and the amendments thereto as follows:(a) The amendment of Ghana, Mauritania and the Philippines (see paragraph 199 above) was adopted without objection.(b) The amendment of Poland (see paragraph I98) was rejected by 37 votes to 26, with 26 abstentions.(c) Clause VIII as a whole, as amended, was adopted by 70 votes to 9^ with 8 abstentions (for text, see paragraph 212,'draft resolution A, annex, article 21).Clause IX (Article 22)-^ .201. The text of Clause EC suggested by the Officers of the Committee (a/c.3/L.1257); which was discussed at the 1367th meeting on 7 December 1965, read as follows:"A request for the revision of the present Convention may be mad.e at any time Ъу any Contracting Partj^ by means of a notification in writing addressed to the Secretary-General. The General Assembly shall decide upon the steps, if any, to be taken in respect of such a request."Voting202. At its 1567th meeting the Committee voted on the text of Clause IX submitted by its Officers as follows;
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(a) At the request of the representative of France, the second sentence T;as voted on separately and adopted hy 47 votes to 21, with 23 abstentions.(h) Clause IX as a whole, was adopted hy 75 votes to none, with 16 abstentions (for text, see paragraph 212, draft resolution A, annex, article 22).Clause X (Article 23)*2C3. The text of Clause X suggested hy the Cfficers of the Committee (a/C.3/L.1257)/ which was discussed at the 1367th meeting on 7 December 19б5^ read as follows:"The Secretary-General of the United Nations shall inform all States referred to in paragraph (l) of article I of the following particulars;"(a) Signatures, ratifications and accessions under articles I andII;"(b) The date of entry into force of this Convention under Article III;"(c) Communications and ratifications received in accordance ^/ith Article IV, V and IX;"(d) Reservations and denunciations under article VI and VII.": Voting2C4. At its 1367th meeting the Committee voted on the text of Clause X submitted by its Cfficers as follows: -(a) At the request of the representative of Poland the words "referred toin paragraph (l) of Article I" in the opening phrase were voted on separately and adopted by 62 votes to 11, with I8 abstentions.(b) Clause X as a whole, was adopted hy 8l votes to none, with 1C abstentions . (for text, see paragraph 212, draft resolution A, annex, article 23).2C5. The Committee agreed that consequential changes necessitated hy decisions which the Committee had taken or would take would be made in the final text of this clause (see paragraph 212, draft resolution A, annex, article 23).
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Clause XI ('Article 24)*206. The text of Clause XI suggested by the Officers of the Committee (а/С.З/Е.1237)^ which was discussed at the 1367th meeting, read as follows;"1. The present Convention, of which the Chinese, English, French,Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.""2. The Secretary-General of the United Nations shall transmit certified copies of the Convention to all States belonging to any of the categories mentioned in paragraph 1 of Article I."; Amendment submitted207. Poland proposed (a/C.3/L.1272) to delete from.paragraph 2 the words "belonging to any of the categories in paragraph (l) of Article I,". .’ Voting208. At its 1367th meeting, the Committee voted on the text of Clause XI submitted by the Officers as follows:(a) The Polish amendment (see paragraph 207 above) was rejected by 55 votes to l4, with 20 abstentions. '(b) Clause XI as a x/hole was adopted by 78 votes to none, with 10 abstentions (for text, see paragraph 212, draft resolution A, article 24).
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III. ADOPTION OF THE DEAET CONVENTION AND THE DRAFT FESOLUTIONS RELATING THERETO209. At its 1373rd meeting on I5 December 1965, the Committee voted by roll call,at the request of the representative of Mauritania, on the text of the draftConvention as a whole, with minor drafting changes suggested by its Officers (a/c.3/L.I527), and adopted it unanimously. The voting was as follows:In favour: Afghanistan, Algeria, Argentina, Australia, Austria, Belgium,Brazil, Eulgaria, Burma, Byelorussian Soviet Socialist Republic, Cameroon, Canada, Central African Republic, Ceylon, Chad, China, Colombia, Congo (Brazzaville), Congo (Democratic Republic of), Costa Rica, Cuba, Czechoslovakia, Denmark,Dominican Republic, Ecuador, Ethiopia, Finland, France,Ghana, Greece, Guatemala, Guinea, Haiti, Honduras, Hungary, India, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast,Japan, Kenya, Lebanon, Liberia, Libya, Luxembourg, Madagascar, Mauritania, Mexico, Mongolia, Morocco, Netherlands, New - Zealand, Niger, Nigeria, Norway, Panama, Peru, Philippines,Poland, Portugal, Romania, Rwanda, Saudi Arabia, Senegal, Spain, Sudan, Sweden, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukrainian Soviet Soeialist Republic, Union of Soviet Socialist Republics, United Arab Republic, United Kingdom of Great Britain and Northern Ireland, United Republic of Tanzania, United States of America, Upper Volta, Uruguay, Venezuela, Yemen, Yugoslavia.Against : NoneAbstentions: None21t. At the same meeting, the Committee considered a draft resolution submitted by Ghana, Guinea, United Arab Republic, United Republic of Tanzania and Yugoslavia (A/c.5/L.I330) concerning the adoption and opening for signature of the Convention and the publicity to be given to it. Greece proposed an amendment to insert after the words "Invites States", in operative paragraph 2 of the draft resolution, the words "referred to in article 17 of the Convention". The amendment of Greece was adopted by 50 votes to 16, with 11 abstentions. Operative paragraph 2 of the draft resolution as amended was adopted by 6l votes to 1, with l4 abstentions. The joint draft resolution, as a whole, as amended, was adopted unanimously.211. Also at the same meeting, a draft resolution was submitted by Ghana, United Arab Republic and United Republic of Tanzania (a/C.3/L.I329) relating to article 15 of the Convention; Jamaica and Mauritania later joined as co-sponsors. This draft resolution was adopted by 70 votes to 1, with 11 abstentions.■ /...
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IV. RECCMMENDATIONS OF OHE THIRD COMMITTEE212. The Third Committee recommends to the General Assembly the adoption of the following draft resolutions:International Convention on the’, Elimination of All Forms of Racial DiscriminationA ■The General Assembly,Considering that it is appropriate to conclude under the auspices of the United Nations an International Convention on the Elimination of all Forms of Racial Discrimination,Convinced that the Convention will he an Important step towards the elimination of all forms of racial discrimination and that it should he signed and ratified as soon as possible hy States and its provisions implemented without delay.Considering further that the text of the Convention should he made known throughout the world,1. Adopts and opens for signature and ratification the Convention annexed to the present resolution;2. Invites States referred to in Article 17 of the Convention to sign and ratify the Convention without any delay;3. Requests the Governments of States and non-governmental organizations to publicize the text of the Convention as widely as possible, using every means at their disposal, including all the appropriate media of Information;4. Requests the Secretary-General to ensure the immediate and Tiridecirculation of the Convention and to that end to publish and distribute its text; . _5- Requests the Secretary-General to submit to the General Assemblyreports concerning the state of ratifications of the Convention which will heconsidered by the General Assembly at future sessions as a separate agenda item.
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АШЕХInternational Convention on the Elimination of All Forms of Racial DiscriminationThe States Parties to this Convention,Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinctions of any kind, in particular as to race, colour or national origin.Considering that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination.Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of l4 December I960 (General Assembly resolution.1514 (XV)) has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end.Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November I963 (General Assembly resolution 1904 (XVIIl)) solemnly affirms the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations and of securing understanding of and respect for the ddgnity of the human person.
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Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condamnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere,Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and security among peoples and the harmony of persons living side by side even within one and the same State,Convinced that the existence of racial barriers is repugnant to the ideals ofany human society.Alarmed by manifes,tations of racial discrimination still in evidence in some areas of the world and by governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation.Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations and to prevent and combat racist doctrines and practices in order to promote understandingbetween races and to build an international community free from all forms of racialsegregation and racial discrimination,Bearing in mind the Convention on Discrimination in Respect of Employment and Occupation adopted by the International Labour Organisation in 1958^ and the Convention Against Discrimination in Education adopted by the United Nations Educational, Scientific and Cultural Organization in I96O,Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of All Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that end.Have agreed as follows;PART I Article 11. In this Convention the term "racial discrimination" shall mean any destination,exclusion, restriction or preference based on race, colour, descent, or national orethnic origin which has the purpose or effect of nullifying or impairing the //...
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recognition, enjoyment or exercise, on an equal footing, of hirnian rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life. . ■2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens. ,3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or . naturalization, provided that such provisions do not discriminate against any particular nationality.4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or Individuals requiring such protection as may be necessary in order to ensure to such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measixres do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.Article 21. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms, and promoting understanding among all races, and to this end:(a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation; .(b) Each State Party undertakes not to sponsor, defend or. support racial discrimination by any persons or organizations;(c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;(d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization;(e) Each State Party undertakes to encourage, where appropriate,Intogrationist multi-racial organizations and movements and other means of “l.iminatlng barriers between races, and to discourage anything which tends to strengthen racial division.
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2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.Article 3States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate, in territories under their jurisdiction, all practices of this nature.Article 4States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts cf, such discrimination, and to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, Including the financing thereof;(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote qnd incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.
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English Page 82yArticle 5In compliance with the fundamental obligations laid down in article 2, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:(a) The right to equal treatment before the tribunals and all other organs administering justice;(b) The right to security of person and protection by the State againstviolence or bodily harm, whether inflicted by Government officials or by anyindividual, group or institution;(c) Political rights, in particular the rights to participate in elections to vote and to stand for election - on the basis of universal and equal suffrage, totake part in the Government as well as in the conduct of public affairs at any leveland to have equal access to public service;(d) Other civil rights, in particular:(i) the right to freedom of movement and residence within the border of the State;(ii) the right to leave any country, including his own, and to return to his country;(iii) the right to nationality;(iv) the right to marriage and choice of spouse;(v) the right to own property alone as well as in association withothers;(vi) the right to inherit;(vii) the right to freedom of thought, conscience and religion;(viii) the right to freedom of opinion and expression;. (ix) the right to freedom of peaceful assembly and association;(e) Economic, social and cultural rights, in particular:(i) the rights to work, free choice of employment, just and favourable conditions of work, protection against unemployment, equal pay for equal work, just and favourable remuneration;(ii) the right to form and join trade unions;/
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a/6j.8i■ ■ EnglishPage 83(iii) the right to housing;(iv) the right to public health, medical care and social security andsocial services;(v) the right to education and training;(vi) the right to equal participation in cultural activities;(f) The right of access to any place or service intended for use hy the general public such as transport, hotels, restaurants, cafés, theatres, parks.Article 6States Parties shall assure to everyone within their jurisdiction effective protection and remedies through the competent national tribunals and other State institutions against any acts of racial discrimination which violate his human rights and fmdamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.Article 7States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention./.
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Elnglisii Page 8Í1-PART II Article 81. There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Ccirmittee) consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties from amongst their nationals who shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilizations as well as of the principal legal systems.2. The members of.the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties. Each State Party may nominate one person from among its own nationals.3. The initial election shall be held six months after the date of the entry into force of this Convention. At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties Inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated indicating the States Parties which have nominated them and shall submit it to the States Parties.4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at the Headquarters of the United Nations. At that meeting, for which two-thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtainthe largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.5. (a) The members of the Committee shall be elected for a term of four years. However, the terms of nine of the members elected at the first election shall expire at the end of twe years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee.(b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its national subject to the approval of the Committee.
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6. The States Parties shall be responsible for the expenses of the members of theCommittee while they are in performance of Committee duties.Article 91. The States Parties undertake to submit to the Secretary-General for consideration by the Committee a report on the legislative, judicial, administrative, or other measures that they have adopted and that give effect to the provisions ofthis Convention: (a) within one year after the entry into force of the Conventionfor the State concerned; and (b) thereafter every two years and whenever the Committee so requests. The Committee may request further information from the States Parties.2. The Committee shall report annually through the Secretary-General to the General Assembly on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and general recommendations shall bereported to the General Assembly together with comments, if any, from StatesParties.Article 101. The Committee shall adopt its own rules of procedure.2. The Committee shall elect its officers for a term of two years.3. ' The secretariat of the Committee shall be provided by the Secretary-General of the United Nations.4. The meetings of the Committee shall normally be held at the Headquarters of the United Nations.Article 111. If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the communication to the State Party concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
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A/'olOl Engli sil Page 8Ó .2. If the matter is not adjusted to the satisfaction of both parties, either hybilateral negotiations or by any other procedure open to them, within six months- /after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee hy notice given to the Committee and also to the other State.3. The Committee shall deal with a matter referred to it in accerdance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged.4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information.5. When any matter arising out of this article is being considered by the Committee, the States Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, witheut voting rights, while the matter is under consideration.Article 121. (a) After the Committee has obtained and collated all the information it thinks necessary, the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as "the Commission") comprising five persons who may or may not be members of the Committee. The members of the Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution to the matter on the basis of respect for this Convention.(h) If the States parties to the dispute fail to reach agreement on all or part of the composition of the Commission within three months, the members of the Commission net agreed upon by the States parties to the dispute shall he elected by two-thirds majority vote by secret ballet of the Committee from among its own members.2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States parties to the dispute or of a State not Party to this Convention.
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. . а/ЗъсEnglish' Page o73. The Conunission shall elect its own Chairman and adopt its own rules of procedure.4.. The meetings *f the Commission shall normally be held at the Headquarters of the United Nations, or at any other convenient place as determined by the Commission.5. The secretariat provided in accordance with article 10, paragraph 3, shall also service the Commission whenever a dispute among States Parties brings the Commission into being.6. The States parties to the dispute shall share equally all the expenses of the members of the Commission in: accordance with estimates to be provided by the Secretary-General.7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph 6 of this article.8. The information obtained and collated by the Committee shall be made available to the Commission and the Commission may call upon the States concerned to supply any other relevant information.Article 131. Шеп the Commission has fully considered the matter, it shall prepare and submit to the Chairman of the Comraittee a report embodying its findings on all questions of fact relevant to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.2. The Chairman of the Committee shall communicate the report of the Commission to each of the States parties to the dispute. These States shall within three months inform the Chairman of the Committee whether or not they accept the recommendations contained in the report of the Cotmaission.3. After the period provided for in paragraph 2 of this article, the Chairmanof the Committee shall communicate the report of the Commission and the declarations of States Parties concerned to the other States Parties to this Convention.Article l41. A State Party may at any time declare that it recognizes the competence of- f .the Committee to receive and consider communications from individuals or groups
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a/6i3i 'Er-gli.ch ■luge COof individuals within its Jurisdiction claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention. Wo communicatioe shall be received by the Committee if it concerns a State Party which has not made such a declaration.2. Any State Party which makes a declaration as provided for in paragraph 1 of this article may establish or indicate a body within its national legal order which shall be competent to receive and consider petitions from individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies.5. A declaration made in accordance with paragraph 1 of this article and the name of any body established or indicated in accordance with paragraph 2 of this article, shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States . Parties. A declaration may be withdrawn at any time by notification to the Secretary-General, but such a withdrawal shall not affect communications pending before the Committee.4. A register of petitions shall be kept by the body established or indicated in accordance with paragraph 2 of this article, and certified copies of the register shall be filed annually through appropriate channels with the Secretary-General on the understanding that the contents shall not be publicly disclosed.5. In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of this article, the petitioner shall have the right to canmunicate the matter to the Committee within six months.6. (a) The Committee shall confidentially bring any communication referred to it to the attention of the State Party alleged to be violating any provision of this Convention, but the identity of the individual or groups of individuals concerned shall not be revealed without his or their express consent. The Committee shall not receive anonymous communications.(b) Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.
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7. (a) The Committee shall consider communications in the light of allinformation made available to it by the State Party concerned and by thepetitioner. The Committee shall not consider any communication from a petitionerunless it has ascertained that the petitioner has exhausted all available domestic remedies. However, this shall not be the rule where the application of the remedies is unreasonably prolonged.(b) The Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.8. The Committee shall include in its annual report a summary of suchcommunications and, where appropriate, a summary of the explanations and statements of the States Parties concerned and of its own suggestions and recommendations.9. The Committee shall be competent to exercise the functions provided for in this article only when at least ten States Parties to this Convention are bound by declarations in accordance with paragraph 1 of this article.Article 151. Pending the achievement of the objectives of General Assemblyresolution 1514 (XV) of l4 December I960 concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies.2. (a) The Committee established under article 8, paragraph 1, shall receive copies of the petitions from, and submit expressions of opinion and reccinmeudations on these petitions to, the bodies of the United Nations which deal with matters directly related to the principles and objectives of this Convention in their consideration of petitions from the Inhabitants of Trust and Non-Self-Governing Territories, and all other territories to which General Assembly resolution 1514 (XV) applies, relating to matters covered by this Convention which are before these bodies.
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(b) The Committee shall receive from the competent bodies of the United Nations copies of the reports concerning the legislative, judicial, administrative or other measures directly related to the principles and objectives of this Convention applied by the administering Powers within the territories mentioned in suh-paragraph (a) of this paragraph and shall express opinions and make recommendations to these bodies.3. The Committee shall include in its report to the General Assembly a аглшагу of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee related to the said petitions and reports.4. The Committee shall request from the Secretary-General of the United Nations all information relevant to the objectives of this Convention and available to him regarding the territories mentioned in paragraph 2 (a) of this article.Article 16The provisions of this Convention concerning the settlement of disputes or complaints shall be applied without prejudice to other procedures for settling disputes or complaints in the field of discrimination laid down in the constituent instruments of, or in conventions adopted by, the United Nations and its specialized agencies, and shall not prevent the States Parties from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.PART III Article 171. This Convention is open for signature hy any State Member of the United Nations or member of anjr of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to this Convention.2. This Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
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Article 181. This Convention shall he open to accession by any State referred to in article 17, paragraph 1.2. Accession shall be effected by the deposit of an instrment of accession with the Secretary-General of the United Nations.Article 191. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument of accession.2, For each State ratifying this Convention or acceding to it after the deposit of the twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument of accession.Article 20A State Party may denounce this Convention by xrritten notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.Article 21 -Any dispute betvreen two or more States Parties over the interpretation or application of this Convention, xrhich is not settled by negotiation or by the procedures expressly provided for in this Convention, shall at the request of any of the parties to the dispute be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement.Article 221. A request for the revision of this Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary- General. ,2. The General Assembly shall decide upon the steps, if any, to be taken in respect of such a request. ^
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Article 25The Secretary-General of the United Nations shall inform all States referred to in article'17, paragraph 1, of the following particulars:(a) Signatures, ratifications and accessions under articles 17 and I8;(h) The date of entry into force of this Convention imder article 19;(c) Communications and declarations received under articles l4 and 22;(d) Denunciations under article 20.Article 241. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States belonging to any of the categories mentioned in article 17, paragraph 1.В ■The General Assembly,Recalling the Declaration on the Granting of Indepe.idence to Colonial 'Countries and Peoples contained in its resolution 1514 (XV) of l4 December 19бО, Bearing in mind General Assembly resolution 1654 (XVl) of 27 November 196l, which established the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to examine the application of the Declaration and to carry out its provisions by all mea..s at its disposal,Bearing in mind also the provisions of article 15 of the Convention on the Elimination of All Forms of Racial Discrimination adopted by the General Assemblyon __ December I965, *Recalling that the General Assembly has established other bodies to receive and examine petitions from the peoples of colonial countries.Convinced that close co-operation between the Committee established by the Convention on the Elimination of All Forms of Racial Discrimination and the bodies
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of the United Nations charged with receiving and examining petitions from the peoples of colonial countries will facilitate the achievement of the objectives of both the Convention and the Declaration on the Granting of Independence to Colonial Countries and Peoples,Recognizing that elimination of racial discrimination in all its forms is vital to the achievement of fundamental human rights and assurance of the dignity and worth of the human person, and thus constitutes a pre-emptory obligation under the Charter of the United Nations,1. Calls upon the Secretary-General, periodically or upon request of the Committee, to make available to the Committee established by the Convention on the Elimination of All Forms of Racial Discrimination, all information in his possession relevant to article Ig of the said Convention;2. Requests the Special Committee on the Situation with regard to the Implementation of thelGranting of Independence to Colonial Countries and Peoples, and all other bodies of the United Nations authorized to receive and examine petitions from the peoples of the colonial countries, to transmit to the Committee established by the Convention, periodically or upon request of the Committee, copies of petitions from these peoples relevant to the Convention, for the comments and recommendations of the said Committee;3. Requests the bodies referred to in operative paragraph 2 above to include in their annual reports to the General Assembly a summary of actions taken by them under the terms of the present resolution.
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International Convention on the Elimination of All Forms of Racial Discrimination, 660 U.N.T.S. 195
(21 December 1965) (entered into force 4 January 1969) (authentic English text)
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Human Rights Committee, CCPR General Comment No. 15: The Position of Aliens Under the Covenant
(11 April 1986)
1 Twenty-seventh session (1986) General comment No. 15: The position of aliens under the Covenant 1. Reports from States parties have often failed to take into account that each State party must ensure the rights in the Covenant to “all individuals within its territory and subject to its jurisdiction” (art. 2, para. 1). In general, the rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness. 2. Thus, the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens. Aliens receive the benefit of the general requirement of non-discrimination in respect of the rights guaranteed in the Covenant, as provided for in article 2 thereof. This guarantee applies to aliens and citizens alike. Exceptionally, some of the rights recognized in the Covenant are expressly applicable only to citizens (art. 25), while article 13 applies only to aliens. However, the Committee’s experience in examining reports shows that in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant. 3. A few constitutions provide for equality of aliens with citizens. Some constitutions adopted more recently carefully distinguish fundamental rights that apply to all and those granted to citizens only, and deal with each in detail. In many States, however, the constitutions are drafted in terms of citizens only when granting relevant rights. Legislation and case law may also play an important part in providing for the rights of aliens. The Committee has been informed that in some States fundamental rights, though not guaranteed to aliens by the Constitution or other legislation, will also be extended to them as required by the Covenant. In certain cases, however, there has clearly been a failure to implement Covenant rights without discrimination in respect of aliens. 4. The Committee considers that in their reports States parties should give attention to the position of aliens, both under their law and in actual practice. The Covenant gives aliens all the protection regarding rights guaranteed therein, and its requirements should be observed by States parties in their legislation and in practice as appropriate. The position of aliens would thus be considerably improved. States parties should ensure that the provisions of the Covenant and the rights under it are made known to aliens within their jurisdiction. 5. The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non-discrimination, prohibition of inhuman treatment and respect for family life arise. 6. Consent for entry may be given subject to conditions relating, for example, to movement, residence and employment. A State may also impose general conditions upon an alien who is in transit. However, once aliens are allowed to enter the territory of a State party they are entitled to the rights set out in the Covenant. 7. Aliens thus have an inherent right to life, protected by law, and may not be arbitrarily deprived of life. They must not be subjected to torture or to cruel, inhuman or degrading treatment or punishment; nor may they be held in slavery or servitude. Aliens have the full right to liberty and
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2 security of the person. If lawfully deprived of their liberty, they shall be treated with humanity and with respect for the inherent dignity of their person. Aliens may not be imprisoned for failure to fulfil a contractual obligation. They have the right to liberty of movement and free choice of residence; they shall be free to leave the country. Aliens shall be equal before the courts and tribunals, and shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law in the determination of any criminal charge or of rights and obligations in a suit at law. Aliens shall not be subjected to retrospective penal legislation, and are entitled to recognition before the law. They may not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence. They have the right to freedom of thought, conscience and religion, and the right to hold opinions and to express them. Aliens receive the benefit of the right of peaceful assembly and of freedom of association. They may marry when at marriageable age. Their children are entitled to those measures of protection required by their status as minors. In those cases where aliens constitute a minority within the meaning of article 27, they shall not be denied the right, in community with other members of their group, to enjoy their own culture, to profess and practise their own religion and to use their own language. Aliens are entitled to equal protection by the law. There shall be no discrimination between aliens and citizens in the application of these rights. These rights of aliens may be qualified only by such limitations as may be lawfully imposed under the Covenant. 8. Once an alien is lawfully within a territory, his freedom of movement within the territory and his right to leave that territory may only be restricted in accordance with article 12, paragraph 3. Differences in treatment in this regard between aliens and nationals, or between different categories of aliens, need to be justified under article 12, paragraph 3. Since such restrictions must, inter alia, be consistent with the other rights recognized in the Covenant, a State party cannot, by restraining an alien or deporting him to a third country, arbitrarily prevent his return to his own country (art. 12, para. 4). 9. Many reports have given insufficient information on matters relevant to article 13. That article is applicable to all procedures aimed at the obligatory departure of an alien, whether described in national law as expulsion or otherwise. If such procedures entail arrest, the safeguards of the Covenant relating to deprivation of liberty (arts. 9 and 10) may also be applicable. If the arrest is for the particular purpose of extradition, other provisions of national and international law may apply. Normally an alien who is expelled must be allowed to leave for any country that agrees to take him. The particular rights of article 13 only protect those aliens who are lawfully in the territory of a State party. This means that national law concerning the requirements for entry and stay must be taken into account in determining the scope of that protection, and that illegal entrants and aliens who have stayed longer than the law or their permits allow, in particular, are not covered by its provisions. However, if the legality of an alien’s entry or stay is in dispute, any decision on this point leading to his expulsion or deportation ought to be taken in accordance with article 13. It is for the competent authorities of the State party, in good faith and in the exercise of their powers, to apply and interpret the domestic law, observing, however, such requirements under the Covenant as equality before the law (art. 26). 10. Article 13 directly regulates only the procedure and not the substantive grounds for expulsion. However, by allowing only those carried out “in pursuance of a decision reached in accordance with law”, its purpose is clearly to prevent arbitrary expulsions. On the other hand, it
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3 entitles each alien to a decision in his own case and, hence, article 13 would not be satisfied with laws or decisions providing for collective or mass expulsions. This understanding, in the opinion of the Committee, is confirmed by further provisions concerning the right to submit reasons against expulsion and to have the decision reviewed by and to be represented before the competent authority or someone designated by it. An alien must be given full facilities for pursuing his remedy against expulsion so that this right will in all the circumstances of his case be an effective one. The principles of article 13 relating to appeal against expulsion and the entitlement to review by a competent authority may only be departed from when “compelling reasons of national security” so require. Discrimination may not be made between different categories of aliens in the application of article 13. Annex 93
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Twitter Post, Regarding Discrimination on Nationality,
@UNHumanRights (30 January 2017 at 3:47 a.m.)
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OHCHR, Demand for Qatar to close Al-Jazeera “a major blow to media pluralism”- United Nations expert
(28 June 2017), available at https://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=21808…
Français>Nouvellesetmanifestations>AfficherlesnouvellesEnglish|Français|Aller à la navigation | Aller au contenu Español | русский | العربیة | 中文
QUESONTLESDROITSDEL'HOMME?FAIREUNDONACCUEILAPROPOSDUHCDHTHEMESDROITSDEL'HOMMEPARPAYSOÙNOUSTRAVAILLONSORGANESDESDROITSDEL'HOMMEACTUALITÉSETAGENDAPUBLICATIONSETRESSOURCESDemandforQatartocloseAl-Jazeera“amajorblowtomediapluralism”–UNexpert22.4K4745286Page1of2HCDH|DemandforQatartocloseAl-Jazeera“amajorblowtomediapluralism”–UNe...4/6/2019https://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=21808…...
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GENEVA(28June2017)–ThereporteddemandbyanumberofgovernmentsthatQatarclosetheAl-Jazeeramedianetworkinexchangefortheliftingofsanctionswouldstrikeamajorblowagainstmediapluralisminaregionalreadysufferingfromsevererestrictionsonreportingandmediaofallkinds,saidtheUNSpecialRapporteuronfreedomofopinionandexpression,DavidKaye.“ThisdemandrepresentsaseriousthreattomediafreedomifStates,underthepretextofadiplomaticcrisis,takemeasurestoforcethedismantlingofAl-Jazeera,”Mr.Kayesaid.TheclosureofAl-Jazeeraisreportedlyincludedinalistof13demandsissuedtoQatarbythegovernmentsofSaudiArabia,Bahrain,EgyptandtheUnitedArabEmirates,whicharecurrentlyenforcinganeconomicblockadeofQatar.ThelisthasnotbeenpubliclyannouncedbythefourStates,butanumberofinternationalmediaorganisationshaveobtaineditandQatarisourceshaveconfirmeditsauthenticity.ThedemandtocloseAl-Jazeeraalsoaffectsitsaffiliatedchannels,includingArab21,theNewArab,SharqandtheMiddleEastEye.Qatarhasbeengiven10daystocomply.Mr.Kayesaideveryone’srighttoaccessinformationwasdeeplyaffectedwhenthesafetyandthefreedomofthemediawasnotsecured.“IcallontheinternationalcommunitytourgethesegovernmentsnottopursuethisdemandagainstQatar,toresisttakingstepstocensormediaintheirownterritoryandregionally,andtoencouragesupportforindependentmediaintheMiddleEast,”hesaid.ENDSMr.DavidKaye(USA)wasappointedasSpecialRapporteuronthepromotionandprotectionoftherighttofreedomofopinionandexpressioninAugust2014bytheUNHumanRightsCouncil.AsSpecialRapporteur,Mr.KayeispartofwhatisknownastheSpecialProceduresoftheHumanRightsCouncil.SpecialProcedures,thelargestbodyofindependentexpertsintheUNHumanRightssystem,isthegeneralnameoftheCouncil’sindependentfact-findingandmonitoringmechanismsthataddresseitherspecificcountrysituationsorthematicissuesinallpartsoftheworld.SpecialProcedures’expertsworkonavoluntarybasis;theyarenotUNstaffanddonotreceiveasalaryfortheirwork.Theyareindependentfromanygovernmentororganizationandserveintheirindividualcapacity.FormoreinformationandmediarequestspleasecontactMs.AzinTadjdini(+41229179400/[email protected])[email protected]?ThenSTANDUPforsomeone’srightstoday.#Standup4humanrightsandvisitthewebpageathttp://www.standup4humanrights.orgFollowusonTwitter:@UNHumanRightsandFa…©OHCHR1996-2019*ContenudisponibleuniquementenanglaisPage2of2HCDH|DemandforQatartocloseAl-Jazeera“amajorblowtomediapluralism”–UNe...4/6/2019https://www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=21808…...
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OHCHR, Qatar diplomatic crisis: Comment by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on impact on human rights (14 June 2017),
available at https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21739…
4/1/2019OHCHR | Qatar diplomatic crisishttps://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21739… English > News and Events > DisplayNewsEnglish | Français | Español Go to navigation | Go to content | русский | العربیة | 中文
WHAT ARE HUMAN RIGHTS?DONATEHOMEABOUT USISSUESHUMAN RIGHTSBY COUNTRYWHERE WEWORKHUMAN RIGHTSBODIESNEWS ANDEVENTSPUBLICATIONS ANDRESOURCES Qatar diplomatic crisis ArabicComment by UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on impact onhuman rightsGENEVA (14 June 2017) - “I am alarmed about the possible impact on many people’s human rights inthe wake of the decision by Saudi Arabia, the United Arab Emirates (UAE), Egypt and Bahrain to cutdiplomatic and economic ties with Qatar.It is becoming clear that the measures being adopted are overly broad in scope and implementation,and have the potential to seriously disrupt the lives of thousands of women, children and men, simplybecause they belong to one of the nationalities involved in the dispute. Saudi Arabia, the UAE andBahrain have issued directives to address the humanitarian needs of families with joint nationalities,but it appears that these measures are not sufficiently effective to address all cases. We are receiving reports that specific individuals have already been summarily instructed to leave thecountry they are residing in, or have been ordered to return home by their own Government. Amongthose likely to be badly affected are couples in mixed marriages, and their children; people with jobsor businesses based in States other than that of their nationality; and students studying in anothercountry.I am also extremely troubled to hear that the UAE and Bahrain are threatening to jail and fine peoplewho express sympathy for Qatar or opposition to their own governments’ actions, as this would appearto be a clear violation of the right to freedom of expression or opinion.I urge all the States involved to solve this dispute as quickly as possible through dialogue, to refrainfrom any actions that could affect the well-being, health, employment and integrity of theirinhabitants, and to respect their obligations under international human rights law.”ENDSFor more information and media requests, please contact Rupert Colville (+41 22 917 97 67 /[email protected]) or Ravina Shamdasani (+41 22 917 91 69 / [email protected])or LizThrossell (+41 22 917 9466 / [email protected])Tag and share - Twitter: @UNHumanRights and Facebook: unitednationshumanrights
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Joint Communication from Special Procedures Mandate Holders of the Human Rights Council to the United Arab Emirates, document UA ARE 5/2017 (18 August 2017)
Mandates of the Special Rapporteur on the promotion and protection of the right to freedom of
opinion and expression; the Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health; the Special Rapporteur on the human
rights of migrants; the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance; the Special Rapporteur on the promotion and protection of
human rights while countering terrorism; and the Special Rapporteur on the right to education.
REFERENCE:
UA ARE 5/2017
18 August 2017
Excellency,
We have the honour to address you in our capacity as Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression; Special
Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health; Special Rapporteur on the human rights of migrants; Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and
related intolerance; Special Rapporteur on the promotion and protection of human rights
while countering terrorism; and Special Rapporteur on the right to education, pursuant to
Human Rights Council resolutions 34/18, 33/9, 34/21, 34/35, 31/3, and 26/17.
In this connection, we would like to bring to the attention of your Excellency’s
Government information we have received concerning the adverse situation and the
violations of human rights of Qatari migrants in the United Arab Emirates, as well
as Emirati migrants in the State of Qatar as a result of the United Arab Emirates
government’s decision to suspend ties with the State of Qatar, particularly their
right to movement and residence, family unity, education, work, freedom of
expression, health and the right to property, without discrimination on any basis.
According to the information received:
On 5 June 2017, the United Arab Emirates severed ties with the State of Qatar.
This involved the closure of air, land, and sea routes, in relation to both trade and
migrant residents. Qatari nationals were ordered to leave the United Arab
Emirates within 14 days, whilst Emirati citizens were given the same timeframe to
leave the State of Qatar. An estimated 784 Emirati nationals are allegedly residing
in the State of Qatar. This order has threatened the most vulnerable groups,
including women, children, persons with disabilities and older persons. The
Government of Qatar has reportedly not taken action against Emirati citizens.
Mixed-citizenship families have been affected and the order has caused Emirati-
Qatari families to be separated. Divorced Emirati women living in the State of
Qatar whose children have Qatari nationality from their father, are prevented to
return to Qatar. The Emirati order has reportedly affected Qatari women married
HAUT-COMMISSARIAT AUX DROITS DE L’HOMME • OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS
PALAIS DES NATIONS • 1211 GENEVA 10, SWITZERLAND
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2 to approximately 556 Emirati men, as well as Qatari men married to approximately 3,138 Emirati women. This order threatens to leave children, women, older persons, sick and persons with disabilities separated from other family members and in loss of assistance, support and income. Emirati nationals living in Qatar married to Qatari women are forced to return to the United Arab Emirates, leaving behind their families and quit their work with no source of income or compensation. Furthermore, the United Arab Emirates has allegedly limited the citizens and residents of the State of Qatar from undertaking financial transfers and postal transactions, thereby blocking financial transfers to dependent family members, including women and children. On 11 June 2017, the United Arab Emirates issued a royal order to take into account the humanitarian situation of mixed Emirati-Qatari families who were affected by the ban. However, no implementation mechanism has been indicated. Furthermore, there has been no compensation or alternatives offered to families and individuals who have had their human rights violated and been affected by the blockade. Emirati nationals working in the State of Qatar, as well as Qatari nationals working in the United Arab Emirates risk losing their jobs following the issued instructions by the Emirati authorities to leave their jobs and return to their homeland. Individuals who are dependent on the travel between Qatar and the United Arab Emirates have also reportedly been affected. For those completely financially reliant on the flow between both countries, this order has led to a cutting of their only source of income. For example, business owners have allegedly had their income levels affected as a result of the halt of trading convoys, and the expiration of large quantities of food or health supplies. Reportedly, Emirati nationals working in the public and private sectors in Qatar have also been forced to return to the United Arab Emirates resulting in the loss of employment without compensation. Similarly, Qatari nationals working in the United Arab Emirates have also lost their employment without compensation. Furthermore, migrant workers relying on free movement between both countries have allegedly lost their jobs and proper compensation has not been ensured. Individuals who possess property – from clothing and furniture, to cars or real estate business – are allegedly denied access to their belongings. Following the 5 June 2017 order, assets and property have reportedly been confiscated, consequently prohibiting Qatari migrants from using their property or disposing of it. Qatari migrants fear losing their belongings and are uncertain about the future for their properties. Emirati migrants in the State of Qatar working in media outlets have allegedly been pressured to resign from their jobs by the United Arab Emirates. Those who Annex 97
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have not yet submitted their resignation have allegedly been pressured to do so by
the Emirati authorities. In addition, the United Arab Emirates has reportedly
imposed penalties of up to 15 years imprisonment and fines of up to 500,000
dirhams for “sympathising with Qatar”, through a word, a “like” on social media,
or a tweet.
Qatari migrant students in the United Arab Emirates and Emirati migrant students
in the State of Qatar pursuing their studies in schools or universities have been
prohibited from doing so because of the order asking them to leave their country
of residence. Emirati students in the State of Qatar have had their exams
postponed to allow for them to take their exams at a later date. This has allegedly
not been the case for Qatari nationals studying in the the United Arab Emirates,
who have been unable to complete their exams and obtaining educational
documents from their university in the United Arab Emirates.
As a result of the order for Emirati nationals to leave Qatar, Emirati migrants,
including children, older persons or persons with disabilities, that were being
treated in hospitals in the State of Qatar in need of specialised or with ongoing
treatment, have allegedly been asked to return to the United Arab Emirates.
Similarly, Qatari migrants residing in the United Arab Emirates, have allegedly
had their treatments halted and their health subsequently impacted.
While we do not wish to prejudge the accuracy of these allegations, and given the
harm this order has on thousands of Qatari residents in the United Arab Emirates and
Emirati residents in the State of Qatar, we consider the alleged situation of extreme
gravity. Serious concerns are expressed at the numerous rights being infringed, including
the right to movement and residence, family reunification, education, work, freedom of
expression, health, freedom of religious practice, and the right to private property,
without discrimination on any basis.
In connection to the above alleged facts and concerns, we would like to draw the
attention of your Excellency’s Government’s to its obligations under the International
Convention on the Elimination of All Forms of Racial Discrimination, the Convention on
the Rights of the Child and the regional Arab Charter on Human Rights. We would like to
recall that, while States have a sovereign right to determine conditions of entry and stay
in their territories, they also have an obligation to respect and protect the human rights of
all individuals under their jurisdiction, regardless of their nationality, origin or
immigration status.
We would like to bring to the attention of your Excellency’s Government Article
7 of the Universal Declaration of Human Rights (UDHR) that states that ‘All are equal
before the law and are entitled without any discrimination to equal protection of the law.
All are entitled to equal protection against any discrimination in violation of this
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4 Declaration and against any incitement to such discrimination.’ We would furthermore like to stress the obligations under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), acceded to by the United Arab Emirates on 20 June 1974. Article 5 provides for the enjoyment of civil rights including: the right to freedom of movement and residence within the border of the State; the right to leave any country, including one’s own, and to return to one’s country; the right to own property; and, the right to freedom of opinion and expression. It further provides for the enjoyment of economic, social and cultural rights, including: the rights to work, to free choice of employment, and to protection against unemployment; the right to housing; the right to public health, medical care, social security and social services; the right to education and training; and, the right of access to any place or service intended for use by the general public, such as transport and hotels. Furthermore, we would like to bring your attention to the International Convention on the Elimination of All Forms of Discrimination’s General Recommendation No. 30 on discrimination against non-citizens. In specific, the State Party should “ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account”. In addition, it should “avoid expulsions of non-citizens, especially of long-term residents, that would result in disproportionate interference with the right to family life”. State Parties should “ensure that States parties respect the right of non-citizens to an adequate standard of physical and mental health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services”. We would like to bring your attention to Article 9 and Article 12 of the UDHR that stipulate that “no one shall be subject to arbitrary arrest, detention or exile”. Article 13 articulates that “everyone has the right to freedom of movement and residence within the borders of each State. Everyone has the right to leave any country, including his own, and to return to his country”. Your Excellency’s Government has further obligations under the Arab Charter on Human Rights (ACHR), ratified by your Excellency’s Government on 16 January 2008, Article 26 that provides that “every person lawfully within the territory of a State Party shall, within the territory, have the right to liberty of movement and freedom to choose his residence in accordance with applicable regulations”. Article 27 further articulates that “no one shall be arbitrarily or unlawfully prevented from leaving any country, including his own, nor prohibited from residing, or compelled to reside, in any part of his country”. We would also like to stress that Article 19 of the UDHR provides that everyone has the right to freedom of opinion and expression, including the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. This right applies to “everyone”, regardless of their citizenship or any other status. Its guarantee regardless of frontiers is further stipulated in Article 32 of the ACHR. Annex 97
5
Article 23 of the UDHR further expresses the right of everyone “to work, to free
choice of employment, to just and favourable conditions of work and to protection
against unemployment”. Furthermore, the ACHR, articulates the right to work in Article
34, which provides for the freedom to work and equality of opportunity without
discrimination of any kind as to any statuses, including national origin. It states that every
worker has the right to enjoy “just and favourable conditions of work”, and every State
Party shall ensure protection to workers migrating to its territory in accordance with the
laws”. Further, Article 31 of ACHR provides everyone with “a guaranteed right to own
private property”. It further provides that “no person shall under any circumstances be
divested of all or any part of his property in an arbitrary or unlawful manner”.
Concerning the family separation, especially of widowed and divorced women
from their children, we would like to refer to the rights of women. We would further like
to refer your Excellency’s Government to Article 16 of the UDHR that states that “the
family is the natural and fundamental group unit of society and is entitled to protection by
the society and the State”. It provides that the State Party shall take appropriate measures
within its available resources to ensure the realization of this right. Furthermore, Article
10 of the Convention on the Rights of the Child (CRC), to which the United Arab
Emirates acceded to on 3 January 1997, which establishes, inter alia, that “applications by
a child or his or her parents to enter or leave a State Party for the purpose of family
reunification shall be dealt with by State Parties in a positive, humane and expeditious
manner”. This should be read in the light of Article 3 of the Convention which provides
that the best interests of the child shall be a primary consideration. In this connection, I
would like to recall to your Excellency’s Government Paragraph 10 of the General
Assembly Resolution 62/156 which “urges States to ensure that repatriation mechanisms
allow for the identification and special protection of persons in vulnerable situations and
take into account, in conformity with their international obligations and commitments, the
principle of the best interest of the child and family reunification”. Moreover, Article 9 of
CRC provides that States Parties “shall ensure that a child shall not be separated from his
or her parents against their will, except when competent authorities subject to judicial
review determine, in accordance with applicable law and procedures, that such separation
is necessary for the best interests of the child”.
The aforementioned rights are raised again in the ACHR. It states in Article 33
that the family is the natural and fundamental unit of society. The State and society are
obliged to provide for the protection of the family and its members, for the strengthening
of its bonds. They undertake to provide outstanding care and special protection for
mothers, children and the elderly. Young persons have the right to be ensured “maximum
opportunities for physical and mental development”.
Furthermore, we would like to refer to Article 16 of the CRC that stipulates that
“no child shall be subjected to arbitrary or unlawful interference with his or her privacy,
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6 family, home or correspondence, nor to unlawful attacks on his or her honour and reputation”. The right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health is recognized in Article 24. It further states that States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services. In addition, Article 28 provides that State Parties recognize the right of the child to education, ensuring in particular that primary education is compulsory and available free to all, and take measures to encourage regular attendance at schools and the reduction of drop-out rates. The full texts of the human rights instruments and standards recalled above are available on www.ohchr.org or can be provided upon request. In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Excellency’s Government to safeguard the rights of the above-mentioned person(s) in compliance with international instruments. As it is our responsibility, under the mandates provided to us by the Human Rights Council, to seek to clarify all cases brought to our attention, we would be grateful for your observations on the following matters: 1. Please provide any additional information and any comment you may have on the above-mentioned allegations. 2. What measures have been taken to ensure that families with mixed Emirati-Qatari nationalities are prevented from separation? 3. How has the right to health been guaranteed in relation to Emirati migrants living in the State of Qatar and Qatari nationals residing in the United Arab Emirates? 4. What actions have been taken to guarantee access to education for Qatari migrant students in the United Arab Emirates, as well as Emirati migrant students in the State of Qatar to pursue their education at schools and universities, without discrimination on any basis? 5. Please provide information on the compliance with international and regional instruments in guaranteeing the right of freedom of movement and residence. 6. Has compensation been provided to migrants, particularly those who own property and businesses, affected by the severed relations between the United Arab Emirates and the State of Qatar? Annex 97
7
7. Please provide information on how the criminalization of online
expression based on grounds of “sympathizing with Qatar” is applied and
enforced, and explain how this is legal basis for restricting expression is
compatible with international human rights standards.
8. What measures have been taken to guarantee the aforementioned human
rights of migrants, without discrimination on any basis, in compliance
with your government’s obligations under international law?
While awaiting a reply, we urge that all necessary interim measures be taken to
halt the alleged violations and prevent their re-occurrence and in the event that the
investigations support or suggest the allegations to be correct, to ensure the accountability
of any person responsible of the alleged violations. We further urge your Excellency’s
Government to take all necessary steps to ensure the rights of persons affected by the
severed ties and mobility ban are respected.
We wish to inform you that a letter with similar content has been sent to the
authorities of Bahrain and the Kingdom of Saudi Arabia.
Your Excellency’s Government’s response will be made available in a report to be
presented to the Human Rights Council for its consideration.
Please accept, Excellency, the assurances of our highest consideration.
Felipe González Morales
Special Rapporteur on the human rights of migrants
David Kaye
Special Rapporteur on the promotion and protection of the right to freedom of opinion
and expression
Dainius Pūras
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health
Mutuma Ruteere
Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia
and related intolerance
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8 Fionnuala Ní Aoláin Special Rapporteur on the promotion and protection of human rights while countering terrorism Koumbou Boly Barry Special Rapporteur on the right to education Annex 97
Annex 98
OHCHR Technical Mission to the State of Qatar, Report On the impact of the Gulf Crisis on human rights (December 2017), available at http://nhrc-qa.org/wp-content/uploads/2018/01/OHCHR-TM-REPORT-ENGLISH.p…
1
OHCHR TECHNICAL MISSION TO
THE STATE OF QATAR
17- 24 November 2017
Report
On the impact of the Gulf Crisis on human rights
December 2017
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2ContentsI.Introduction.............................................................................................................................3II.Background............................................................................................................................4IV.Mainhumanrightsissuesarisingfromthecrisis...................................................................5A.Instrumentalizationofthemediaandrestrictionsoffreedomofexpression...................5B.SuspensionandrestrictionsoffreedomofmovementandcommunicationswithQatar..7C.Separationoffamiliesandrelatedissuesofnationalityandresidence............................9D.Impactoneconomicrightsandtherighttoproperty....................................................10E.Impactontherighttohealth........................................................................................11F.Effectontherighttoeducation....................................................................................13G.Long-standinghumanrightsissues.............................................................................13V.Observationsandfindings....................................................................................................143I.Annex 98
3
I. Introduction
1. Since the Governments of the Kingdom of Saudi Arabia (KSA), the United Arab
Emirates (UAE), the Kingdom of Bahrain and Arab Republic of Egypt (hereafter the
Quartet) took the decision, on 5 June 2017, to cut diplomatic ties with the State of Qatar,
OHCHR has been closely monitoring the consequences of that decision on the enjoyment of
human rights. On 14 June, the High Commissioner issued a press statement urging “all the
States involved to solve this dispute as quickly as possible through dialogue, to refrain from
any actions that could affect the well-being, health, employment and integrity of their
inhabitants, and to respect their obligations under international human rights law”. He
further held meetings with the Quartet’s Permanent Representatives in Geneva, urging them
to take immediate corrective measures, including by establishing hotlines to look into
individual cases.
2. Various international human rights organizations and mechanisms have expressed
concern about the detrimental impact of the decision on individuals’ civil, political, social,
economic and cultural rights. The National Human Rights Committee (NHRC) of Qatar has
been very active in monitoring and documenting allegations of human rights violations
reported to them by Qatari citizens and residents since 5 June, particularly those living in
neighbouring countries.
3. On 14 September 2017, the Chairperson of the NHRC invited the High Commissioner
to dispatch a technical mission to Qatar, as soon as possible, to assess the impact of the crisis
on human rights. Subsequently, the Middle East and North Africa (MENA) Section informed
the Permanent Missions of KSA, UAE and Bahrain about the invitation, expressing the
readiness to conduct similar missions. The MENA Section further informed the United
Nations Department of Political Affairs, the United Nations Task Force on the Gulf crisis and
other relevant actors about OHCHR’s engagement with the States concerned.
4. Consequently, an OHCHR team (hereafter the Team) visited Qatar from 17 March to 24
November 2017, with the following objectives:
i. To engage with Government institutions, the NHRC, civil society representatives
and other actors, with a view to gathering information about the impact of the
ongoing crisis on human rights;
ii. To explore opportunities to provide technical assistance to national actors, including
the NHRC, and;
iii. To report to the High Commissioner and recommend concrete actions.
5. The mission was facilitated by the NHRC, whose support was highly appreciated. The
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4teamalsometwithrepresentativesoftheMinistriesofForeignAffairs;Defence;Interior;EconomyandTrade;AdministrativeDevelopment,LabourandSocialAffairs;Education;Health;ReligiousAffairs;theCustomsAuthority;theChamberofCommerce;theQatarUniversity;theQatarFoundation;theDirectoroftheSalwacrossingpointwithSaudiArabia;theQatarNewsAgency,editorsinchiefsofallmainlocalnewspapers,staffofAlJazeeraandtheHighAudio-visualAuthority;thecompensationclaimscommission(establishedtoprovidelegaladvicetoindividualsfilingclaimsrelatedtothecrisis);migrantcommunities,andQatarAirways.TheteamalsometwiththeregionalrepresentativesofUNESCOandUNODC.6.Moreover,basedoncasesfiledwiththeNHRC,theteaminterviewedabout40individualstogetabetterunderstandingoftheirsituation.Italsoreviewedalargenumberofothercases,documentsanddataprovidedbyvariousentities.II.Background7.Althoughrootedinlong-standingtensionsamongKSA,UAEandQatarinparticular,theemergenceofthecurrentcrisishasbeenattributedtocommentsairedinitiallyinQatarimediaon24May2017,reportedlymadebytheEmirofQatar,denouncingthehostileremarksmadebythePresidentoftheUnitedStatesofAmericatowardsIranduringhisvisittoKSA.TheGovernmentofQatarhasdeclaredthatthesestatementswereplantedbyhackers.TheGovernmentsofKSA,UAE,BahrainandEgypthavedismissedthisexplanation.8.On5June2017,theGovernmentsofKSA,UAE,BahrainandEgyptannouncedtheywerecuttingdiplomatictieswiththeStateofQatar,orderingtheircitizenstoleaveQatar,declaringabanonalltraveltoandfromQatar,andinstructingQatariresidentsandvisitorstoleavetheirterritorieswithin14days.ThefourStatesgaveQataridiplomats48hourstoevacuate.WhiletheGovernmentsofKSA,UAEandBahrainwithdrewtheirdiplomaticpersonnelfromQatar,EgyptmaintainedalimitednumberofstaffundertheprotectionoftheEmbassyofGreeceinDoha.QatarwassubsequentlyexpelledfromtheSaudi-ledcoalitiononYemen.KuwaitandOmanhaveremainedneutral,withKuwaitengaginginmediationeffortstosolvethecrisis.9.Asof5June,theGovernmentsofKSA,UAEandBahrainclosedallair,seaandlandtransportationlinkswithQatar.ThesemeasureshavehadasignificantimpactonQatar’seconomyandresidents,particularlyduringthefirstweeksofthecrisisduetotheconsiderabledependenceofthecountryonKSAandtheUAE.10.WhiletheEmirofKuwaitendeavouredtoengagewithalltheStatesconcernedsoastoeasetensionsandavoidanyescalation,dialogueappearstohavestalled.Manypeoplemetby5theteamexpresseddisappointmentwiththepassivityofregionalorganizations,Annex 98
5
the team expressed disappointment with the passivity of regional organizations, notably the
Organization of Islamic Cooperation and the League of Arab States. The crisis has generated
particular distrust in the Gulf Cooperation Council (GCC) which had thus far been the
medium of numerous cooperation agreements among its members.
11. On 9 June, the Quartet designated 59 individuals and 12 institutions alleged to have
financed terrorist organizations and to have received support from Qatar. On 23 June, and
according to online reports, the Quartet further issued a 10-day ultimatum on Qatar to abide
by a list of 13 demands, including closing down Al Jazeera among other things, cutting
diplomatic and commercial ties with Iran, shutting down the Turkish military base in Qatar
and, ending any form of support and assistance to the Muslim Brotherhood. On 5 July, the
Quartet replaced this initial list of demands with six broader “principles” that still include the
shutting down of the permanent Turkish military base in Qatar, and the closure of Al Jazeera
and other Qatar-backed news outlets which the Quartet accuses of spreading extremist views
and providing platforms for dissidents.
III. Main human rights issues arising from the crisis
12. The 5 June decision and related measures undertaken by the Quartet had immediate
negative, intertwined effects on a number of human rights, as described in the present
chapter.
13. There are four categories of victims of the crisis:
Qatari individuals who were residing in KSA, UAE, Bahrain (and studying in Egypt),
and were compelled to rapidly exit these countries, leaving behind their family,
businesses, employment, property, or being forced to interrupt their studies.
KSA, UAE and Bahrain nationals who resided in Qatar (including many married to
Qataris) and felt compelled to move to their country of origin, and have consequently
been separated from their family, source(s) of income and/or property.
Migrant workers and their families, who constitute the majority of the population of
Qatar, some of whom have lost their employment and have been facing increased
economic pressure.
The population of Qatar, KSA, UAE and Bahrain at large due to the suspension of
freedom of movement between their countries and the repercussions on various civil,
economic, social and cultural rights.
1. Instrumentalization of the media and restrictions of freedom of expression
14. The instrumentalization of the media, particularly in KSA and UAE, has been a
prominent feature of the crisis. The Mission was informed by all interlocutors that the
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6Quartet’sunilateralmeasureshavebeenaccompaniedbyawidespreaddefamationandhatredcampaignagainstQatarandQatarisinvariousmedialinkedtothefourcountriesaswellasonsocialmedia,andbytheintroductionofcriminalsanctionsinKSA,UAEandBahrainagainstpeopleexpressingsympathyforQatarandQataris.15.MostmediaprofessionalstheMissionmetdescribedtheinstrumentalizationofforeignmedianetworksbytheauthoritiesofKSAandUAE,particularlytoconveyanti-Qatarandanti-Qatarieditoriallines.Mostinterlocutorswereoftheviewthatthismediaandsocialmediacampaignwaspremeditatedandorganizedto“generateageneralfeelingofhostilityandhatredtowardsQatar”.16.TheMissionwasinformedthatatleast1,120pressarticlesandsome600anti-QatarcaricatureswerepublishedinKSA,UAEandBahrainbetweenJuneandOctober2017,whichhasbeendocumentedbymediaprofessionalsandtheNHRC.SuchmaterialincludedaccusationsofQatar’ssupporttoterrorism,callsforaregimechangeoracoupd’état,attacksagainstleadingfiguresandsymbolsofQatar,aswellasappealsforattackson,andmurderofQataris.Forinstance,aSauditweeterwithfivemillionfollowershasbeenissuing“religiousopinions”callingforthekillingoftheEmirofQatar.AnotherSauditweeterwarnedhecouldsendonemillionYemenisuicidebomberstoQatar.17.Entertainmentprogrammeshavealsobeenusedtoairanti-Qatarmessages.Forexample,RotanamediacompanyproducedsongsbypopularartistsstigmatizingQatar(“QulolaQatar”-“TellQatar”,and“SanoalemQatar”-“WewillteachQatar”)andwell-knowntelevisionseriesonMBCandRotanachannels(“Selfie”and“GarabebSood”)conveyednegativemessagesonQatar,whichhavebeenregularlyandwidelybroadcast.18.Theteammettheeditor-in-chiefoftheQataridailynewspaperAlArab,Mr.JaberAlMirri,whohasbeenlistedNo.18onthelistof59individualsaccusedbyQuartet’sasaterrorists.Hereportedhavingreceived10deaththreatssincethenanddescribedthepsychologicalimpactonhisfamily.19.TheGovernmentsofKSA,UAEandBahrainannounced,viatheirrespectivenewsagencies,thatanyindividualswithintheirjurisdictionexpressingempathyvis-à-visQatarwouldbesubjectedtocriminalsanctionsintheformofheftyfinesand/ordetention.Agroupofeditors-in-chiefofQatarinewspapersmetbytheteamstatedthatanAdvisertotheRoyalCourtinKSA,reportedly,wasorchestratingthemediacampaignagainstQatar,referringtothemobilizationofa“socialmediaarmy”.Theyalsoallegedthatpersonhadbeenurgingpeople,viatweeter,todenounceindividualssupportingQatarorQataristhroughahotlinenumber,whichhadreportedlygenerated800calls.20.Theeffectofthismediacampaignmayamounttoaformofincitement.IthasalsoundoubtedlycreatedanxietyamongmanypeopleinKSA,UAEandBahrainwhohavehad
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7closefamily,amicalorcommercialtieswithQataris.MostjournalistsmetbytheteamreferredtothefearthissituationhasinstilledamongtheircolleaguesandfriendsinKSA,UAEandBahrain.SeveralinterlocutorsfurthernotedtheywouldbecontactedbyrelativesandfriendsinKSAthroughnon-KSAphonenumbersforfearofbeingtracked.21.TheGovernmentsofKSA,UAEandBahrainhavesuspendedthecirculationandbroadcastingofallQatariandQatar-basedmediaand,assatellitediffusioncannotbecontrolled,theyprohibitedcommercialentities(suchashotels)toofferaccesstosuchmedia(namelyAlJazeera,BEINSportsandassociatedchannels).ThecaseofAlJazeeraisemblematicastheclosureofthisbroadcasterandaffiliatestationsremainsoneoftherequirementssetbytheQuartettorestorediplomatictieswithQatar.22.AllinterlocutorsmetbytheteamstatedthattheGovernmentofQatarhadclearlyinstructedallQataris,Qataribasedinstitutions,companiesandmedianottocriticizethecitizensofKSA,UAEandBahrain.TheQatariandQatar-basedmediametbytheteam,includingAlJazeera,alldeclaredtheyhadencouragedtheirstaffmembersfromtheQuartetcountriestoremaininDoha.Theeditor-in-chiefofAlRayaAlQataria,adailynewspaper,notedthat50to60percentofhisjournalistswereEgyptiansandthatwhileallhadleftQatarafterthecalloftheirGovernmentonitscitizenstocomehome,40percentofthemhadreturnedtoQatarafterobtainingformalapprovalfromtheEgyptianauthorities.AlJazeerareportedthatonlythreeoftheir26journalistsfromKSAhadleftwhileits349EgyptianandthreeBahrainiemployeeshadcontinuedtoworkforthebroadcaster.2.Suspensionandrestrictionsoffreedomofmovementandcommunications23.Oneofthemostimmediateandvisibleimpactofthedecisionof5Junehasbeentheborderclosures(air,seaandland),withconsiderableeffectsonfreedomofmovementtoandfromQatar.On17November,theteamwasinformedthattheGovernmentofKSAhadcloseddownitsborderwithQatar.Someinterruptionoftelecommunications(namelyphoneconnections)wasalsoreportedtotheteam.BesidestheeconomicimplicationsforQatar,thesuspensionandrestrictionsoffreedomofmovementandcommunicationshaveaffectedtheexerciseofvariousrights,asdescribedinsubsequentsectionsofthischapter.24.On5June,theauthoritiesofKSAandUAEnotifiedtheirportsandshippingauthoritiestheywouldnotreceiveQatarivesselsorshipownedbyQataricompaniesorindividuals.TheKSAGeneralAuthorityofCivilAviationprohibitedthelandingofanyQatariplanesinKSAairports,whileAbuDhabi-basedEtihad,Dubai-basedfly-Dubaiandlong-haulcarrierEmiratesannouncedthesuspensionofflightstoQatar.QatarAirwayswasforcedtosuspendallflightstoKSA,UAE,BahrainandEgyptuntilfurthernotice,andtoreroutemostofitsWest-boundflights.25.Shortlythereafter,theGovernmentofQatarissuedastatementassuringthatQatar’s
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8seaportswouldremainopenfortrade,andairspacefortrade,transportandtravel,exceptwiththecountriesthathadclosedtheirbordersandairspacewithQatar.ThestatementindicatedthattheGovernmentofQatarwouldnottakeanymeasuresofreprisalagainstcitizensofKSA,UAE,BahrainandEgyptworkinginQatar.26.Theconsiderablerestrictionsonmovementofpeopleandgoodshadanimmediateimpactonvarioushumanrights.Somehadapunctualeffectbutmosthavehadcontinuingimplicationstodate.Thesemeasuresfirstconstitutedadirectviolationoffreedomofmovement,particularlyastheywerenotcommunicatedformallyandwerenotlegallymotivated.ThelackoffreedomofmovementbetweenQatarandtheothercountriesissanctioningQatarisandresidentsofQatar,aswellasresidentsofKSA,UAEandBahrain.Atleasttemporarily,therestrictionsofmovementdisruptedtheexerciseoffreedomofreligionastheywereimposedinthemidstofRamadanandtheHajjpilgrimage.Theimplicationsforfamilylifearealsoimportantgiventhebondsbetweenthecountriesconcerned.Moreover,manyyoungpeoplewereforcedtointerrupttheirstudiesorcouldnottakeexams.Durableconsequencesoftherestrictionsofmovementareadeprivationoftherightstoworkandtoaccesstopropertyforthosewhowereresiding,workingand/orengagedintradecross-border.Theseaspectsaredescribedinthesubsequentsectionsofthischapter.27.WhiletheGovernmentofEgyptdidnotissueaformalordertoQataricitizenstoleaveitsterritory,QataristudentswhotriedtoreturntoEgyptinAugust2017,afterthesummerholiday,werenotissuedvisasorwererequestedtoapplyforsecurityclearanceuponobtainingvisas.StudentsinterviewedbytheteamandtheNHRCstatedtheystillhadnotobtainedsecurityclearance.On18November,theNationalCouncilforHumanRightsinEgyptinformedtheNHRCofQatarthatithadliftedrestrictionsforsomecategoriesoftheQataripopulationandthatstudentswouldbegrantedvisas.Atthetimeofthemission,itwastooearlytoassesswhetherthismeasurewasbeingimplemented.28.Morebroadly,thesuspensionofmovementofpeopleandgoodsbetweenQatarandthethreeGulfcountriesoftheQuartethashadconsiderableimplicationsforQatar’seconomy,impedingtradeandfinancialflows,andconsiderablyincreasingthecostsoftransportationandgoodsastheGovernment(andindividuals)hashadtoresorttoalternativeoptions.29.AlthoughimportsfromtheotherGulfStatesweremodest,thebulkoftradeflowbeforethecrisisoccurredthroughKSAandUAEinparticular(vialand,seaandair),includingoverlandfromJordanandLebanon,andviacargoshipthatwoulddockatportsinKSAandUAE,fromwhichmerchandisewouldbetransportedbytruckstootherGulfdestinations,includingQatar.Thus,Qatarwasheavilydependentonitstwoneighbourstoaccessitemsvitalforthesubsistenceofitspopulation,suchasfoodandmedicines,andforitseconomy.Qatariofficialsmetbytheteam,notablytheCustomsAuthority,underlinedthattheabruptclosurebytheauthoritiesofKSAoftheirborderwithQatarhadleftanyvehiclestransportingperishablefooditemsandothermerchandisestrandedinKSA.AccordingtotheMinistryof
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9EconomyandTrade,beforethecrisis,some800trucksusedtocrossthelandborderfromKSAintoQataronadailybasis.Inthecoupleofweeksthatfollowedthe5Junedecision,thissituationcausedsomepanickedreactions,withpeoplerushingtosupermarketstostockupfood.30.InameetingwithDirector’sManagingTeamofQatarAirways,theteamwasinformedthattheclosureofairspacewasamajorirritantasQatarislargelysurroundedbytheairspaceofKSA,UAEandBahrain,withonlyanarrowcorridortothenorthavailable,requiringQatarAirways'flightstoberoutedthroughIranandthenflowwidearoundSaudiArabiatoaccessdestinationstothewestandsouth.This,combinedwiththeendofflightstoandfromKSA,UAEabBahrainhassignificantlyreducedQatar'saccessibilitybyairandincreasedtraveltimesandcosts.31.WhiletelecommunicationsbetweenthethreecountriesandQatarhavegenerallyremainedoperational,somepeoplereportedexperiencingdifficultiesincontactingpeopleinKSA,UAEandBahrain,orhavebeenusingforeignphonenumberstocallpeopleinQatarforfearofsanctions.SomeinterlocutorsalsostatedthattheywouldbenoresponsewhentheywouldcontactinstitutionsinKSAandUAE(forinstanceuniversities).PostalserviceshaveceasedtofunctionbetweenQatarandthethreecountries,andaccesstosomeQatariwebsiteshasbeenblockedbytheauthoritiesinKSA,UAEandBahrain.3.Separationoffamiliesandrelatedissuesofnationalityandresidence32.Thedecisionof5Junehasledtocasesoftemporaryorpotentiallydurableseparationoffamiliesacrossthecountriesconcerned,whichhascausedpsychologicaldistressaswellassomedifficultiesforsomeindividualstoeconomicallysupporttheirrelativesleftinQatarortheothercountries.33.Moreover,thecrisishasunderscoredtheurgencyofaddressingthelong-standingissuesofnationalityandresidenceintheGulfcountries,includinginQatar.Indeed,thenon-QatarispousesandchildrenofQatarishavefacedacuteuncertainties,evenifthemajorityhavereportedlyremainedinQatar.TheNHRCreceivedahighnumberofcalls,particularlyinJune,fromwomenwhowereafraidtobeunabletoapplyfortherenewaloftheirnationalpassportandQatarresidenceID,andfearedbeingexpelledfromQatarorcompelledtoreturntotheircountryoforigin,andbeingconsequentlyseparatedfromtheirhusbandandchildren.34.Asof5June2017,accordingtoofficialdata,theStateofQatarcountedsome6,474mixedmarriagesinvolvingcitizensofQatar,KSA,UAEandBahrain(5,137Qatarimenand1,337Qatariwomen).TheauthoritiesofKSA,UAEandBahrainorderedtheircitizenstoleaveQatarwithin14days,withtheirchildren,underthreatofcivilpenalties,includingdeprivationoftheirnationality,andcriminalsanctions.However,theteamdidnotgetanyinformationthatsuchcaseshadoccurred.
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1035.Manyofthosewhohavenotreturned,fearingseparationfromtheirfamily,wereconcernedtheymaynotbeabletorenewtheirpassport,particularlygiventheclosureoftheKSA,UAEandBahrainEmbassies.ThisgeneratedparticularanxietyforthosewhosepassportwasclosetoexpiringasavalidpassportwasrequiredtoapplyforandobtaintheextensionofaresidencepermitinQatar(whichisvalidfor10years)andtoaccessvariousservices.However,theMinistryofInteriorinformedtheteamthattheafterthe5JunecrisestheGovernmentofQatarhadliftedsuchaconditiontoaddressthesituationofnon-QatariresidentsfromKSA,UAEandBahrain.36.Inaddition,thepossibleforfeitureofnationalityrisksmakingthesepeoplestateless.Saudi,EmiratiandBahrainiwomenwhosehusbandandchildrenareQatarifearpressurefromtheirStateoforiginforthemtoleaveQatar.Thosewhocontactedtheirembassieswithinthe14daysfollowing5Junewerereportedlyinstructedtoreturnalonetotheircountryoforigin.37.Theteamwasinformedthatinresponsetosomereportsoffamilyseparations,theGovernmentsofKSA,UAEandBahrainhadstatedtheywouldgrantexceptionsfor‘humanitariancasesofmixedfamilies’totravelbackandforthbetweenQatarandtheirterritories.Yet,QatariGovernmentofficials,includingtheDirectoroftheSalwabordercrosspointwithKSA,informedtheteamthatsuchmeasuresremainedinappropriate,inefficientandrandom.Somefamiliesreportednotusingthehotlines,fearingtobeidentifiedbytheKSAauthorityascitizenswhoremainedinQatarandtobesubjectedtointimidation.38.ManypeoplewithrelativesinKSA,UAEandBahrain,includingelderlyorsickparentsforinstance,havereportedlyrefrainedfromtravelingtothesecountries,fearingtheywouldnotbeallowedtoreturntoQatar.4.Impactoneconomicrightsandtherighttoproperty39.Accordingtoinformationreceivedbytheteam,individualsfromQatarworkinginKSA,UAEandBahrain,and/orwithbusinessinterestsinthesecountries,wereforcedtoreturntoQatar,reportedlywithnoaccesstotheircompaniesandothersourcesofactivityandincomesincethen.Whiletheauthoritiescouldnotdeterminethenumberofindividualsaffectedwithcertainty,anationalcompensationclaimscommissionestablishedfollowingthe5Junedecisionhaddocumentedatleast1,900casesrelatedtotherighttopropertybytheendofNovember2017,withclaimspertainingtoprivateresidences,stockshares,financialassetsandlivestock).40.Theteamconductedinterviewswithsomeoftheclaimants,mostlyQatarinationalswhohavepropertyinKSAandUAE,particularlycommercialentities.TheyconfirmedthatfinancialtransactionsbetweenQatarandKSA,UAEandBahrainhadbeensuspended,
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11preventingpeoplefromreceivingsalariesorpensions,perceivingrents,payingbills,orsupportingrelatives.Theyalsohighlightedtheabsenceofanyformalandavailablelitigationmechanismtoclaimand/ormanagetheirassets.Indeed,legalcooperationhasbeensuspended,includingpowerofattorney.Furthermore,lawyersinthesecountriesareunlikelytodefendQatarisasthiswouldlikelybeinterpretedasanexpressionofsympathytowardsQatar.41.TheChamberofcommerceofQatardescribedhowitdealtwiththeimpactofthecrisisonentrepreneurssoastomitigatetheconsequencesontheirworkandproperty.From5Juneto9July,itidentifiedsuppliesandalternativestobusinessesthatwereblockedasaconsequenceofthe5Junedecision.TheGovernmentofQatartookmeasurestosupportentrepreneursandcoordinatelogisticalsupport.Itsharedaquestionnairewiththe350.000companiesregisteredinQatarandsetupahotlineworking24/7toreceivecomplaints.Itreceived700complaints.Since10July,theChamberofCommercehasbeentryingtoputincontacttheseentrepreneurswithpotentialcontractors,mostlyfromAsia.Itprioritizedcompaniesinvolvedintheproductionoffood,medicinesandconstructionequipment.Italsosentlettertocreditorsrequestingadelayinpaymentsandthewaivingofpenaltiesresultingfromsuchdelays.42.TheCustomsauthoritiesprovidedtheteamwithstatisticscoveringtheperiodof17Januaryto30June2017,onproductswhichweremainlyimportedfromtheGulfcountries,suchassugar(76percentwasimportedfromthesecountries),oil(67percent),anddairyproducts(59percent),constructionmaterial(93percent),timberandgravel(47percent),cablesforconstruction(51percent),showingthedependenceofQataronitsneighbours.TheQatarauthoritiesimmediatelyreferredthesituationtotheWorldOrganizationofCustoms.WhilethetotalimportationfromKSA,UAEandBahrainamountedtosomeQAR11.9billion(USD3billion)inMay2017,itrepresentedQAR392million(USD107million)inSeptember2017.Thissituationhasprovokedanincreaseofthepriceofcommoditiesof83percent(althoughtheGovernmentofQatarhasintervenedtomaintainitbelowthethresholdof3percent).SinceJune,thecustomsauthoritieshavehadnocommunicationswiththecustomsoftheotherGulfcountries.5.Impactontherighttohealth43.TheteammetwithrepresentativesoftheMinistryofHealthwhoraisedsomehumanitarianconsequencesofthe5Junecrises.Asof23November,ithadreceived130individualsreportingmedicalissuesrelatedtothecrisis.44.Forinstance,anindividualpreviouslytreatedinKSAandwhoreturnedtoQatar,hadtotraveltoGermanytoreceivetreatmentashismeansofpaymentsfromKSAwereblockedinQatar.TwopatientsfromQatar,whoresidedinKSApriortothecrisis,weretransferredtoTurkeyandKuwaittoundergosurgeryastheywerereportedlyunabletopursuetheirmedical
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12treatmentinKSA.45.MedicalservicesinQatarareknowntobeofhighquality.SinceSeptember2017,theMinistryofhealthrecorded388.000visitstopublichealthservicesbypatients,includingby260.000patientsfromKSA,UAE,BahrainandEgyptwhoseresidentsinQatar.TheQatarauthoritiesstatedtheywillcontinuetoprovidetreatmenttopatientsfromthesecountrieswithoutanydiscrimination.46.Medicalpublicservicesemploy3.000employeesfromtheQuartetcountries.MedicalauthoritiesalsonotedthatQatariindividualswhowillcomplywiththedecisiontoleaveorreturntoQatarwouldaffecttheiremploymentstatusandthereforetheiraccesstomedicalinsuranceorcapacitytopayformedicalservices.47.ThesuspensionoftradehasalsoaffectedQatar’saccesstomedicines(includinglife-savingitems)andmedicalsupply.Before5June,50to60percentofQatarpharmaceuticalstockcamefrom20supplierscompaniesbasedintheGulfcountrieswithmostinternationalpharmaceuticalcompaniesbasedinUAE.WhiletheshortageofmostdrugslastedonlyonedayduetotheGovernment’spromptidentificationofnewsuppliers,theMinistryofHealthinformedtheteamiswasstillseekingalternativesfor276medicines.Anillustrativecaseisthatofanti-venomlargelyusedinQatarforsnakebites,whichcanonlybeproducedwithsnakesfromtheregionandisthereforeunavailable.48.Recoursetosuppliersfromoutsidetheregionhasledtoanincreaseofthecostsofproducts,transportationandinsurancefees,andhasincurreddelaysingettingsomeitems.TheStateofQatarhasthusfarbeencoveringtheextracosttolimittheimpactonconsumers.49.Finally,theopeningofnewhospitalshasbeendelayedduetoconstructionmaterialandotherequipmentbeingblockedinDubai.6.Effectontherighttoeducation50.TheexpulsionofQataristudentswhowerestudyinginKSA,UAE,BahrainandEgypthashadadetrimentaleffectontherighttoeducationasQataristudentswhowerepreventedfromeitherpursuingtheirstudiesorpassingtheirexams.StudentsinKSA,Bahrain,andreportedlyparticularlyinUAE,wereorderedtoimmediatelyreturntoQatar,oftenbytheadministrationofuniversities.Accordingtoinformationcollectedbytheteam,thiswasgenerallynotfollowedbyanyformalorpersonalizedcommunication.51.ThemanagementandprofessorsofQatarUniversityinformedtheteamthattheuniversityhadinitiallyreceived171requestsfortheplacementofstudentswhohadhadtoleaveKSA,UAE,BahrainandEgypt.Itreportedbeingabletoaccommodate66students13whileittransmittedthe105othercasestotheMinistryofEducationforthereviewofthestudentsAnnex 98
13
while it transmitted the 105 other cases to the Ministry of Education for the review of the
students’ transcripts. The NHRC and the team followed up on some cases of students whose
file was under review. They declared having been provided with at least two options by the
Qatar University, namely to integrate that institution, usually by taking additional credit
hours, or to be placed in a university abroad, for instance in Jordan and Malaysia. The efforts
of Qatar University and the Ministry of Education to promptly identify solutions for each
student are to be commended.
52. The Ministry of Education and Qatar University
reported that students who had been enrolled in
universities in UAE and Egypt were unable to get their
transcripts, which hampered their placement as they
were unable to produce any evidence of previous
studies or examinations. Some UAE universities
reportedly blocked access to their websites to Qatari students”. In Egypt, the University of
Cairo told Qatari students that they should collect their transcripts in person although the
authorities were not providing visas to Qataris.
53. The Ministry of Education of Qatar on its part estimates that at least 201 Qatari students
were not able to pursue their studies, mainly due to the lack of transcripts, different credit
systems or because their specialization is not available in Qatar. For instance medical studies
were only recently introduced at Qatar University and students reaching their fifth year are
not able to enrol.
7. Long-standing human rights issues
54. During the mission, the team raised a number of long-standing human rights issues with
relevant authorities, namely regarding the rights of migrant workers and the issue of
citizenship.
55. The team raised the case of those who have been stripped from their Qatari citizenship
in 2004, the authorities informed that most of them (mainly those that did not possess another
nationality) had regained their Qatari citizenship in 2005. The authorities further noted that
approximately 100 cases are still pending to date.
56. The team also raised the case of two individuals (Sheikh Taleb bin Lahem bin Shraim
and Mr. Bin Al Shafi) who, according to reports received by the team before the mission,
have been arbitrarily stripped from their Qatari citizenship in connection with their political
opinion in the context of the current crisis. Qatari counterparts confirmed that this decision
was taken by executive decrees in accordance with Law No. 38/2005 on the acquisition of
Qatari Nationality. This implies it was taken without any due process, with no possible
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14remedies.57.ManyofthepeoplemetbytheteamdescribedhowQatarhadmanagedtoturnthecrisisintoanopportunity,notablytoacceleratethereformagendaoftheEmir,includingonhumanrights.Effortsareunderwaytodeveloparoadmapforaneffectiveimplementationofmigrantanddomesticlaws;toprepareanewlawonasylum,andtopossiblyratificationoftheRefugeeConventionof1951;toreviewofthenationalitylawtoprovideadditionalrightstothechildrenofQatariwomenmarriedtonon-Qataris;toincreaseengagementwithinternationalhumanrightsmechanisms.TheteamwasencouragedbytheGovernmentrenewedcommitmenttofurtherstrengthenitscooperationwithOHCHRinpromotingandprotectinghumanrightsinQatar.58.Theteam’sdiscussionsontheaforementionedissuesaretobereflectedinaseparatereportorotherformofcommunication.IV.Findingsandobservations59.AllInterlocutorsmetbytheteammostlyreferredtothedecisionof5Juneasa“blockade”,andsomeevokedan“embargo”,a“boycott”or“unilateralsanctions”againsttheStateofQataranditsinhabitants(nationalsandresidents).Mostemphasizedtheunprecedenteddivideanddistrustthissituationhasgenerated,notleastgiventhetightfamilybondsacrosstheGulfregion.Theyalsoexpressedconcernabouttheuncertainandfar-reachingconsequences,withfearsthatthiscrisismaybecomeprotractedand/ordeteriorate.60.Theteamfoundthattheunilateralmeasures,consistingofsevererestrictionsofmovement,terminationanddisruptionoftrade,financialandinvestmentflows,aswellassuspensionofsocialandculturalexchangesimposedontheStateofQatar,hadimmediatelytranslatedintoactionsapplyingtonationalsandresidentsofQatar,includingcitizensofKSA,UAEandBahrain.Manyofthesemeasureshaveapotentiallydurableeffectontheenjoymentofthehumanrightsandfundamentalfreedomsofthoseaffected.Asthereisnoevidenceofanylegaldecisionsmotivatingthesevariousmeasures,andduetothelackofanylegalrecourseformostindividualsconcerned,thesemeasurescanbeconsideredasarbitrary.TheseactionswereexacerbatedbyvariousandwidespreadformsofmediadefamationandcampaignshatedagainstQatar,itsleadershipandpeople.61.Themajorityofthemeasureswerebroadandnon-targeted,makingnodistinctionbetweentheGovernmentofQataranditspopulation.Inthatsense,theyconstitutecoreelementsofthedefinitionofunilateralcoercivemeasuresasproposedbytheHumanRightsCouncilAdvisoryCommittee:“theuseofeconomic,tradeorothermeasurestakenbyaState,groupofStatesorinternationalorganizationsactingautonomouslytocompelachangeofpolicyofanotherStateortopressureindividuals,groupsorentitiesintargetedStatesto
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15influenceacourseofactionwithouttheauthorizationoftheSecurityCouncil”.Moreover,measurestargetingindividualsonthebasisoftheirQatarinationalityortheirlinkswithQatarcanbequalifiedasnon-disproportionateanddiscriminatory.62.Theconsiderableeconomicimpactofthecrisistakesoverthedimensionofaneconomicwarfare,withsignificantfinanciallossesfortheState,companiesandindividuals,andtheconfidenceofinvestorsbeingeroded.Todate,thewealthofQataranditshumanpotentialhaveallowedthecountrytopromptlyabsorbtheshockandprotectthepopulationfrompotentiallydisastrouseconomicandsocialconsequences.However,theshockofthedecisionandtheimmediateandseriouseffectofunilateralcoercivemeasuresonmanyindividualshavehadamajorpsychologicalimpactontheoverallpopulation.ThishasbeenexacerbatedbyahostilemediacampaignthatflaredupfromearlyJuneandisongoing.Allinterlocutorsmetbytheteamevokedthelackoftrustorevenfearthissituationhasgenerated,andconcernsaboutthesocialfabricofveryclosely-knitsocietieseroding.63.Insomecases,Qatariinstitutions,notablytheNHRC,haveproactivelysoughtpromptsolutions,especiallyforindividualswhosestudieswereinterrupted.TheNHRCimmediately,andforseveralweeksfollowing5June,receivedaconsiderablynumberofcomplaints.TheyundertookaseriesofcommunicationswithregionalandinternationalmechanismsandhaveendeavouredtoengagewiththenationalhumanrightsinstitutionsofKSA,UAE,Bahrain(tonoavailtodate)andEgypt(thelatterhasreportedlycooperated).TheteamreceivedadetailedreportpreparedbytheNationalCompensationClaimsCommissionontheimpactofthecrisisonindividuals(includingonhumanrightsimpact),andwasinformedthattheNationalCompensationClaimsCommissionhadhiredaprivateAmericanlawfirmcompanytolookatoptionsforpotentiallegalactionsagainsttheStatesofKSA,UAEandBahrain.ThecommissionindicatedthatthelegalfilewasinthehandsoftheGovernmentforitsconsideration.64.Themajorityofcasesremainunresolvedandarelikelytodurablyaffectthevictims,particularlythosehavingexperiencedfamilyseparation,lossofemploymentorwhohavebeenbarredfromaccesstotheirassets.65.ThecrisishasbeencharacterizedbytheabsenceofdialogueamongtheStatesconcerned,withthemediationeffortsinitiatedbyKuwaithavingstalled.TheteamnotedstrongresentmentaboutthelackofactionbyregionalorganizationsandabouttheroleoftheGCC,whichmanyconsideredasdefactodefunct.GiventheoriginsandramificationsofthecrisisinKSA,UAEandBahrain,itwouldbecriticaltopursueopportunitiestoengagewiththeGovernmentsofthesecountriestoobtainamorecomprehensiveunderstandingofthesituation,notablyoftheactionstheyhavetakenandtheimpactontheirowncitizensandresidents.
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Letter from the United Nations High Commissioner for Human Rights to the Permanent Mission of the United Arab Emirates to the United Nations (29 June 2018)
1
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2
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Letter from the United Nations High Commissioner for Human Rights to the Minister of Foreign Affairs and International
Cooperation of the United Arab Emirates (7 August 2018)
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OHCHR, Press briefing note on United Arab Emirates
(4 January 2019)
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Volume III - Annexes