[ 1957 ] part 1 sec 2 chapter 9 human rights -...

HUMAN RIGHTS 197

"The Economic and Social Council,"Having noted the statement of the Transport and

Communications Commission that there is a large andincreasing proportion of goods in international tradewhich have inherently dangerous properties, and theopinion of the Commission that the recommendationsof the United Nations Committee of Experts on theTransport of Dangerous Goods in the report on itssecond session and the recommendations of the Com-mittee concerning the classification, listing and label-ling of dangerous goods and shipping papers for suchgoods, form a basis for further work towards overcom-ing disharmony among regional and national regula-tions and codes of practice relating to the transport ofdangerous goods by individual modes of transport,which at present hampers the development of this im-portant trade,

"1. Requests the Secretary-General:"(a) To set up a committee consisting of not more

than nine qualified experts from countries interestedin the international transport of dangerous goods:

" ( i ) To revise as may be necessary and keep up todate the list of dangerous goods proposed by theCommittee of Experts, taking into account existingpractices in the field of transportation and the extentof their usage;

"(ii) To allot to each substance a number forready identification;

"(iii) To study further the problem of packing;"(iv) To study related matters;"(v) To report progress to the Transport and

Communications Commission ;"(b) To invite Governments of countries interested

in the international transport of dangerous goods tomake available, at his request and at their own ex-pense, experts to serve on the above committee ;

"(c) To arrange for a consultant to make a com-parative study of the systems of regulations on packingon which the Secretary-General has already receivedinformation, so as to make it possible for the Com-

mittee of Experts to pursue the study on packing, asprovided under (iii) above;

"2. Urges the Governments, regional economiccommissions and international organizations concernedto take note of the recommendations of the Committeeof Experts and of any further recommendations bythe committee referred to in paragraph l (a) above,and to keep the Secretary-General currently informedof the extent to which they can bring their own prac-tices into general conformity with them;

"3. Invites the Secretary-General to continue hisconsultations with the Director-General of the Inter-national Labour Office on the best means of avoidingany overlapping of the work of the above committeewith any work being undertaken in this field by theInternational Labour Organisation."

DISCRIMINATION INTRANSPORT INSURANCEE/2948. Report of eighth session of Transport and

Communications Commission (paragraphs 51-56).

WORK PROGRAMME AND PRIORITIESE/2948, Chapter X. Draft resolution I, recommended

by Commission, unanimously adopted by EconomicCommittee.

E/2979. Report of Economic Committee (draft re-solution H).

RESOLUTION 645 H (XXIII), as recommended by Eco-nomic Committee, E/2979, adopted unanimouslyby Council on 26 April 1957, meeting 968.

"The Economic and Social Council,"Bearing in mind its resolutions 497 C (XVI) of 29

July 1953, 557 A (XVIII) of 5 August 1954 and 630A (XXII) of 9 August 1956,

"Approves the work programme and priorities fortransport and communications projects recommendedby the Transport and Communications Commissionin resolution 9 adopted at its eighth session."

CHAPTER IX

HUMAN RIGHTS

DRAFT INTERNATIONAL COVENANTS ON HUMAN RIGHTS

During the twelfth session of the General As-sembly, the Third (Social, Humanitarian andCultural) Committee continued the article-by-article consideration of the two draft Inter-national Covenants on Human Rights under-taken at the two previous Assembly sessions, in1955 and 1956. Originally drafted by the Com-mission on Human Rights, the two draft Cove-nants contain 83 articles covering virtuallyevery aspect of the individual's life in society.

One text deals with economic, social and cul-tural rights, and the other deals with civil andpolitical rights.

On 25 September 1957, the Committee de-cided to devote 38 meetings to the two texts,beginning with three substantive articles ofthe draft Covenant on Economic, Social andCultural Rights and continuing with substantivearticles of the draft Covenant on Civil andPolitical Rights.

198 ECONOMIC AND SOCIAL QUESTIONS

Between 11 October and 4 November, theCommittee discussed and adopted texts for ar-ticles 14, 15 and 16 of the draft Covenant onEconomic, Social and Cultural Rights. Article6 of the draft Covenant on Civil and PoliticalRights was examined and approved, afteramendment, between 13 and 25 November. Inall, 34 full committee meetings and six meetingsor working parties were devoted to the draftCovenants at the Assembly's twelfth session.

DRAFT COVENANT ON ECONOMIC,SOCIAL AND CULTURAL RIGHTS

ARTICLE 14

This article, as submitted to the Committee,recognized the right of everyone to educationand set out certain objectives of education. Itstated that primary education should be com-pulsory and free, and that facilities for second-ary, higher and fundamental education shouldbe encouraged or made available, subject tocertain conditions. It recognized the liberty ofparents to choose the type of education fortheir children.

Most Committee Members felt that the ob-jectives of education should be laid down atthe beginning of the article, although the viewwas expressed that a first declaratory paragraphwas out of place in a legal instrument. Therewas debate on the advisability of retaining areference to "the suppression of all incitementsto racial and other hatreds" as an educationalobjective. Some representatives felt the phrasewas essential in view of the harmful effects ofeducational discrimination, while others con-sidered that the proper role of education wasto encourage positive feelings rather than tosuppress incitements to hatred.

The Committee was in agreement that StatesParties were obliged to provide free primaryeducation in public schools only, and thata certain latitude should be given to methodsfor making secondary and higher educationavailable to all. The notion of fundamentaleducation was considered an important factorin raising living standards in under-developedareas. Certain representatives pointed out thatfundamental education should not be taken asa substitute for primary education, which re-mained the basis for eradicating illiteracy.

There was considerable discussion on the

right of parents to choose, under certain con-ditions, the type of education which theirchildren were to receive. Some speakers stressedthe need for minimum educational standardsto which private schools should conform, butothers feared that too large a measure of free-dom might lead to teachings contrary to theprinciples set out in the first paragraph ofarticle 14. It was agreed that references to"religious education" in the article imposedno obligation to provide religious education inpublic schools. It was also agreed to expandthe concept dealt with in the article to covermoral education.

The view was advanced that, although thearticle acknowledged the existence of privateschools, it should explicitly recognize the libertyof individuals and bodies to establish anddirect educational institutions. Others felt thatsuch liberty might be abused, particularlythrough the diffusion of propaganda underthe guise of education. Most representatives fa-voured a formula providing that private insti-tutions should always observe the principles ofthe article and should conform to minimumteaching standards laid down by the State.

Another proposal discussed by the Committeecovered the need to develop a system of schoolsat all levels, to establish adequate fellowshipfacilities and to improve the material conditionsof teaching staff. In support of this proposal, itwas argued that such measures should be spe-cifically mentioned so that the right to educationmight be given its full practical meaning. Othersopposed the proposal on the grounds that itwas too detailed for a covenant and that it re-peated what was implicit in the remainder ofarticle 14.

The Third Committee decided to establisha working party on article 14, to reconcile theeight amendments to the draft which had beensubmitted. Composed of representatives of Bel-gium, Ecuador, Guatemala, Ireland, the Nether-lands, Peru, the Philippines and Romania, theworking party prepared a consolidated text. Thistext, with further modifications of a draftingnature, was adopted by a roll-call vote of 71to 0, with 4 abstentions.

The text of article 14 thus read as follows:1. The States Parties to the Covenant recognize

the right of everyone to education. They agree thateducation shall be directed to the full developmentof the human personality and the sense of its dignity,

HUMAN RIGHTS 199

and shall strengthen the respect for human rights andfundamental freedoms. They further agree that educa-tion shall enable all persons to participate effectivelyin a free society, promote understanding, toleranceand friendship among all nations and all racial, ethnicor religious groups, and further the activities of theUnited Nations for the maintenance of peace.

2. The States Parties to the Covenant recognizethat, with a view to achieving the full realizationof this right:

( a ) Primary education shall be compulsory andavailable free to all;

( b ) Secondary education, in its different forms,including technical and vocational secondary educa-tion, shall be made generally available and accessibleto all by every appropriate means, and in particularby the progressive introduction of free education;

( c ) Higher education shall be made equally acces-sible to all, on the basis of capacity, by every appro-priate means, and in particular by the progressiveintroduction of free education;

(d) Fundamental education shall be encouraged orintensified as far as possible for those persons whohave not received or completed the whole periodof their primary education;

( e ) The development of a system of schools atall levels shall be actively pursued, an adequatefellowship system shall be established, and the materialconditions of teaching staff shall be continuously im-proved.

3. The States Parties to the Covenant undertaketo have respect for the liberty of parents and, whenapplicable, legal guardians, to choose for their childrenschools other than those established by the publicauthorities which conform to such minimum educa-tional standards as may be laid down or approvedby the State and to ensure the religious and moraleducation of their children in conformity with theirown convictions.

4. No part of this article shall be construed so asto interfere with the liberty of individuals and bodiesto establish and direct educational institutions, subjectalways to the observance of the principles set forthin paragraph 1 and to the requirement that theeducation given in such institutions shall conformto such minimum standards as may be laid down bythe State.

ARTICLE 15Article 15 of the draft Covenant on Eco-

nomic, Social and Cultural Rights deals withplans for establishing free and compulsory prim-ary education, and required States which areParties to the Covenant, in cases where sucheducational facilities were lacking, to work outand adopt detailed plans for the progressiveimplementation of the principle of such edu-cation.

Most representatives agreed that the funda-mental character of the right to primary educa-

tion justified the inclusion of a special imple-mentation clause, even though similar provi-sions were not made with regard to other rights.Extending the scope of the article to cover adulteducation was, however, considered likely toexceed the resources of many States. Othersmaintained that the article imposed an imme-diate obligation upon States Parties, thus con-flicting with earlier articles, and that it did nottake account of difficulties existing in certainterritories. On the other hand, several repre-sentatives felt that article 15 merely aimed atsecuring the progressive implementation of aparticular right in an effective and orderlymanner.

Reference to non-metropolitan territories inthe draft article was opposed by some repre-sentatives on the grounds that States Partiescould not constitutionally agree to bind theauthorities of autonomous territories withouttheir consent. However, the view was expressedthat the territorial application clauses of otherconventions concluded under United Nationsauspices might be examined when the finalarticles of the draft Covenants were considered.

Further suggestions were made to transfersome provisions of article 14 to article 15, orto combine the two articles without modifyingtheir substance. Others argued that such a re-arrangement would not necessarily improve theform of the draft Covenant, and might in factmodify the substance of article 14, alreadyadopted.

Article 15, as submitted by the Commissionon Human Rights, was adopted by 60 votesto 3, with 8 abstentions. The text read as fol-lows:

Each State Party to the Covenant which, at thetime of becoming a party to this Covenant, has notbeen able to secure in its metropolitan territory orother territories under its jurisdiction compulsoryprimary education, free of charge, undertakes, withintwo years, to work out and adopt a detailed plan ofaction for the progressive implementation within areasonable number of years, to be fixed in the plan,of the principle of compulsory primary education freeof charge for all.

ARTICLE 16

Article 16 in the text before the Third Com-mittee defined the right of everyone to take partin cultural life and to enjoy the benefits ofscientific progress. It provided for the fullrealization of this right and respect for the


freedom indispensable for scientific researchand creative activity.

It was generally agreed by Committee Mem-bers that the article dealt with important humanrights and should be retained in substance.

A proposal was made by Costa Rica andUruguay to include a reference in the articleto the protection of authors' moral and materialinterests, based on article 27 of the UniversalDeclaration of Human Rights. It was pointedout that the adoption of such a clause wouldnot only protect authors against improper actionby publishers, but would also ensure that thepublic received authentic versions of artisticworks, thus contributing to cultural develop-ment throughout the world. Opposing opinionsnoted that international copyright conventionswould be affected, that special conditions indifferent countries might be disregarded andthat the complexities of the matter, linkedwith the problem of the right to property,called for further consideration.

Much discussion was devoted to a Czecho-slovak proposal to state that, while scientificresearch and cultural activities should remainfree, it was the duty of States to promote thedevelopment of science and culture in the in-terests of peace and international co-operation.It was pointed out, however, that the aims ofpeace would best be served by ensuring thegreatest possible freedom for science and cul-ture, and that it was desirable to avoid anypretext for abusive control of such activitiesby the State.

Also discussed was the reference in the draftto the State's respect for the freedom "indis-pensable" for scientific research and creativeactivity. Some found the qualifying word "in-dispensable" too restrictive. Others maintainedthat it recognized the right of the State to im-pose limitations strictly required by nationalsecurity, public order or morality.

The Committee recognized that one of thebest ways to encourage cultural and scientificdevelopment was the promotion of internationalcontacts in those fields. It accepted an amendedproposal to that effect on the understandingthat it did not impose any binding obligationupon States. Some representatives thought thereference superfluous in view of General As-sembly resolution 1043 (XI) of 21 February

1957, on the promotion of international cul-tural and scientific co-operation.1

Article 16, as amended, was adopted by 71votes to 0, with 1 abstention. The text as ap-proved read as follows:

1. The States Parties to the Covenant recognizethe right of everyone:

(a) To take part in cultural life;( b ) To enjoy the benefits of scientific progress and

its applications;( c ) To benefit from the protection of the moral

and material interests resulting from any scientific,literary or artistic production of which he is theauthor.

2. The steps to be taken by the States Parties tothe Covenant to achieve the full realization of thisright shall include those necessary for the conservation,the development and the diffusion of science andculture.

3. The States Parties to the Covenant undertaketo respect the freedom indispensable for scientificresearch and creative activity.

4. The States Parties to the Covenant recognizethe benefits to be derived from the encouragementand development of international contacts and co-operation in the scientific and cultural fields.

DRAFT COVENANT ON CIVILAND POLITICAL RIGHTS

ARTICLE 6

Article 6 of the draft Covenant on Civil andPolitical Rights, as presented to the ThirdCommittee, dealt with the individual's right tolife, under protection of the law, and statedthat sentence of death, in countries wherecapital punishment exists, might be imposedonly as a penalty for the most serious crimes.As drafted by the Commission, anyone sentencedto death would have the right to seek pardonor commutation, and the death sentence shouldnot be carried out on a pregnant woman.

The Third Committee decided to establisha working party on article 6 to harmonize theeleven amendments and other suggestions putforward during the debate. The working party,composed of representatives of 15 Members,prepared an agreed text for certain sections ofthe article and suggested a voting procedurefor the Committee.

A major issue was whether or not Article 6should provide for the abolition of capital pun-ishment. The question arose from an amend-

1 See Y.U.N., 1956, p. 287.

HUMAN RIGHTS 201

ment proposed by Colombia and Uruguay sug-gesting the inclusion of the words "the deathpenalty shall not be imposed on any person".Supporters of this proposal maintained that anarticle which guaranteed the right of life shouldin no way sanction the taking of life, and shouldprohibit the death penalty. They consideredthat the existence of capital punishment couldnot be justified and was contrary to moderntheories aiming at rehabilitation of the offender.They felt that an innocent person might beconvicted, but the error could not be rectifiedif the convicted person were executed. Theyalso pointed out that capital punishment hadnot acted as a real deterrent to crime.

Most representatives, while appreciating thehumanitarian motives inspiring the proposal,felt, however, that its adoption would createdifficulties for countries where capital punish-ment existed. The abolition of the death penaltywas a highly controversial question and shouldbe left to each State to resolve. However, inorder to avoid the impression that the Covenantsanctioned capital punishment, it was agreedto add a clause to the effect that nothing in thearticle should be invoked to delay or preventthe abolition of capital punishment by anyState Party. Specific measures to encourageabolition of the death penalty, such as seminarsorganized by the United Nations, were sug-gested.

A majority of the Committee felt that Article6 should begin with a definite statement oneveryone's inherent right to life. It was heldthat this right was not one conferred on theindividual by society, because society in factowed a duty to the individual in this respect.Those opposing the clause did not disagree inprinciple, but objected to its inclusion as adeclaratory statement and thus out of place ina legal instrument.

An amendment by Belgium, Brazil, El Salva-dor, Mexico and Morocco led to debate onwhether the right to life should be protected bylaw "from the moment of conception". Somefelt that it was only logical to guarantee thisright from the moment life began, and pointedout that legislation in many countries accordedprotection to the unborn child. This suggestionwas opposed by others who said that the Statecould not determine the moment of conception;

the rights and duties of the medical professionwould be involved, and legislation on the sub-ject was based on different principles in differentcountries.

Some representatives preferred listing thecases in which deprivation of life would beconsidered lawful, citing precedents to thiseffect. The majority, however, did not favoursuch a system, as the list would be incompleteand might underline the exceptions rather thanthe right itself.

The question whether article 6 should containa reference to the Convention on the Preven-tion and Punishment of the Crime of Genocidewas also discussed. Some thought it unnecessaryto include such a safeguard clause, and citedother articles of the draft Covenants in supportof their views. Others argued that a referenceto the Genocide Convention was essential, sincethe individual's right to life could not be ade-quately protected if the group to which he be-longed were threatened with extinction.

Debated, too, was the clause stating thatsentence of death should not be carried out onpregnant women. A number of representativesfelt that the clause in question sought to pre-vent the death penalty being executed beforea child was born. Others though that the deathsentence should not be carried out at all if itconcerned a pregnant woman, as the unbornchild might be affected by the mother's constantfear of the death penalty.

Another question debated by the Third Com-mittee was whether the death penalty shouldapply to minors. Those favouring a suggestionthat they should be exempt explained thatyoung persons were usually given preferentialtreatment in most countries, and, with firmguidance, could become useful members ofsociety. Others noted that it was for the legisla-tion of each State to specify the classes of per-sons not liable to the death penalty, whichmight be extended to the insane and the aged,for example. Some dissatisfaction was expressedin the Committee over the use of terms suchas children and young persons, minors, juvenilesor persons below a certain age. The Committeedecided to use the words "persons below 18years of age".

Article 6, as amended, was adopted by aroll-call vote of 55 to 0, with 17 abstentions.

202The article read as follows:

1. Every human being has the inherent right tolife. This right shall be protected by law. No oneshall be arbitrarily deprived of his life.

2. In countries which have not abolished thedeath penalty, sentence of death may be imposedonly for the most serious crimes in accordance withlaw in force at the time of the commission of thecrime and not contrary to the provisions of thisCovenant and to the Convention on the Preventionand Punishment of the Crime of Genocide. Thispenalty can only be carried out pursuant to a finaljudgment rendered by a competent court.

3. When deprivation of life constitutes the crimeof genocide, it is understood that nothing in this ar-ticle shall authorize any State Party to derogate inany way from any obligation assumed under theprovisions of the Convention on the Prevention andPunishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the rightto seek pardon or commutation of the sentence.Amnesty, pardon or commutation of the sentence ofdeath may be granted in all cases.

5. Sentence of death shall not be imposed forcrimes committed by persons below eighteen yearsof age and shall not be carried out on pregnantwomen.

6. Nothing in this article shall be invoked todelay or to prevent the abolition of capital punishmentby any State Party to the Covenant.

FUTURE WORK ON THEDRAFT COVENANTS

No recommendation of the Third Committeeconcerning the future work on the draft Cove-nant on Human Rights was required at theAssembly's twelfth session because of a resolu-tion adopted at the eleventh session which had

ECONOMIC AND SOCIAL QUESTIONS

asked the Committee to complete its considera-tion of the Covenants "if possible, by the endof the thirteenth session".

On 10 December 1957, however, at the ThirdCommittee's last meeting of the session, Bolivia,Ceylon, Chile, Colombia, Costa Rica, Ecuador,Egypt, Ghana, Greece, Guatemala, Honduras,Pakistan, Panama and Sudan submitted a draftresolution, by which the Assembly would notethat only four articles had been approved atthe twelfth session while 62 remained to beconsidered. It recommended that appropriatesteps be taken at the Assembly's thirteenth ses-sion to enable the Committee to complete theCovenants by the end of that session, or asreasonably close to that time as possible.

Representatives supporting the motion sug-gested that the Committee might expedite thework if it met beyond the period of the GeneralAssembly session, devoted more meetings tothe draft Covenants or fixed a time-limit forthe discussion of each article. Others felt that,in accelerating work on the draft Covenants,other Committee business should not be cur-tailed and no additional expenditure should beinvolved.

Because there was little time to debate theproposal, the sponsors withdrew the draft reso-lution, explaining that its main purpose was toalert Member States to the importance of find-ing ways and means to speed the work on thedraft Covenants.

DOCUMENTARY REFERENCES

GENERAL ASSEMBLY——12TH SESSION

Plenary Meeting 727.Third Committee, meetings 764, 779-799, 809-821,

834.

A/3588. Note by Secretary-General.

DRAFT COVENANT ON ECONOMIC,SOCIAL AND CULTURAL RIGHTSARTICLE 14A/C.3/L.617. Ireland amendment.A/C.3/L.618. Netherlands amendment.A/C.3/L.619 and Corr.1. Chile, Ecuador, Guatemala

amendments.A/C.3/L.620. Romania amendment.A/C.3/L.621. United Kingdom amendments.A/C.3/L.622. Philippines amendments.A/C.3/L.623. Belgium amendments.A/C.3/L.624. Peru amendments.A/C.3/L.625. Report of Working Party on Article 14.

A/C.3/L.626. Panama amendments to article 14 asproposed by Working Party.

A/C.3/L.627. Canada amendment to Working Party'stext for article 14.

A/C.3/L.628. Costa Rica and Greece amendment toWorking Party's text for article 14.

A/C.3/L.629. Bolivia amendment to Working Party'stext for article 14.

A/3764 and Corr.1 and Add.l. Report of ThirdCommittee. Article 14 was adopted by ThirdCommittee by roll-call vote of 71 votes to 0,with 4 abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tria, Belgium, Bolivia, Brazil, Bulgaria, Burma,Byelorussian SSR, Cambodia, Canada, Ceylon,Chile, China, Colombia, Costa Rica, Cuba, Czecho-slovakia, Denmark, Dominican Republic, Ecuador,Egypt, El Salvador, Ethiopia, Finland, France,Ghana, Greece, Guatemala, Haiti, Honduras, Hun-gary, Iceland, India, Indonesia, Iran, Iraq, Ire-land, Israel, Italy, Japan, Jordan, Liberia, Fédéra-

HUMAN RIGHTS 203

tion of Malaya, Mexico, Morocco, Nepal, Nether-lands, New Zealand, Norway, Pakistan, Panama,Peru, Philippines, Poland, Portugal, Romania,Saudi Arabia, Spain, Sudan, Sweden, Syria, Thai-land, Turkey, Ukrainian SSR, USSR, Uruguay,Venezuela, Yemen, Yugoslavia.Against: None.Abstaining: Australia, Tunisia, United Kingdom,United States.

ARTICLE 15A/2910. Draft International Covenants on Human

Rights. Observation by Governments. Tenth ses-sion of General Assembly.

A/29107Add. 1. United Kingdom amendments.A/2910/Add.2. Australia amendments.A/2910/Add.3. Netherlands amendments.A/C.3/L.630. Bulgaria amendment.A/C.3/L.631. Peru amendment.A/C.3/L.632. Ireland amendment.A/C.3/L.632/Rev.l and 2. Iraq and Ireland revised

amendments.A/3764 and Corr.1 and Add.l. Report of Third

Committee. Article 15, as submitted by Commis-sion on Human Rights, E/2573, was adopted byThird Committee by 60 votes to 3, with 8 absten-tions.

ARTICLE 16A/C.3/L.633. Czechoslovakia amendments.A/C.3/L.634 and Rev.l. Saudi Arabia amendments

and revised amendments to amendments of Czecho-slovakia (A/C.3/L.633).

A/C.3/L.635. Greece amendment.A/C.3/L.636 and Add.l and Rev.l. Costa Rica and

Uruguay amendment and revision.A/C.3/L.637. Czechoslovakia amendment to amend-

ment of Greece, A/C.3/L.635.A/3764 and Corr.1 and Add.l. Report of Third

Committee. Article 16 was adopted by ThirdCommittee by 71 votes to 0, with 1 abstention.

DRAFT COVENANT ON CIVILAND POLITICAL RIGHTSARTICLE 6A/C.3/L.644. Colombia and Uruguay amendment.A/C.3/L.645. France amendments.A/C.3/L.646. Philippines amendments.A/C.3/L.647. Guatemala amendment.

A/C.3/L.648. Costa Rica amendment.A/C.3/L.649 and Add.l. Brazil, Panama, Peru amend-

ment.A/C.3/L.649/Rev.l. Brazil, Panama, Peru, Poland

revised amendment.A/C.3/L.650. Japan amendments.A/C.3/L.651. Netherlands amendment.A/C.3/L.652. Australia amendment.A/C.3/L.653. Panama amendment.A/C.3/L.654. Belgium, Brazil, El Salvador, Mexico,

Morocco amendment.A/C.3/L.655 and Corr.1. Report of Working Party

on Article 6.A/C.3/L.656. United Kingdom amendments to

amendments proposed in Report of Working Party.A/C.3/L.657. Brazil, Panama, Peru, Poland amend-

ment to amendments proposed in Report of Work-ing Party.

A/C.3/L.658. Ceylon amendment to amendmentsproposed in report of Working Party.

A/3764 and Corr.1 and Add.l. Report of ThirdCommittee. Article 6 was adopted by Third Com-mittee, by roll-call vote of 55 votes to 0, with 17abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tria, Brazil, Bulgaria, Burma, Byelorussian SSR,Cambodia, Ceylon, Chile, Cuba, Czechoslovakia,Dominican Republic, Ecuador, Egypt, Ethiopia,Finland, France, Ghana, Greece, Guatemala, Haiti,Hungary, India, Indonesia, Iran, Iraq, Ireland,Israel, Japan, Jordan, Liberia, Mexico, Morocco,Nepal, Nicaragua, Norway, Pakistan, Panama, Peru,Philippines, Poland, Romania, Saudi Arabia, Spain,Sudan, Syria, Thailand, Tunisia, Turkey, Ukrain-ian SSR, USSR, Yemen, Yugoslavia.Against: None.Abstaining: Australia, Belgium, Canada, China,Colombia, Denmark, Italy, Luxembourg, Federationof Malaya, Netherlands, New Zealand, Portugal,Sweden, United Kingdom, United States, Uruguay,Venezuela.

FUTURE WORK ONDRAFT COVENANTSA/C.3/L.663. Bolivia, Ceylon, Chile, Colombia,

Costa Rica, Ecuador, Egypt, Ghana, Greece, Guate-mala, Honduras, Pakistan, Panama, Sudan draftresolution.

A/3764/Add.l. Report of Third Committee.

THE RIGHT OF PEOPLES AND NATIONS TO SELF-DETERMINATION

In 1952 and 1953, the General Assembly askedthe Commission on Human Rights, through theEconomic and Social Council, for recommenda-tions on international respect for the right ofpeoples and nations to self-determination. Afterfurther discussion in the General Assembly, theCouncil and the Commission on Human Rights,three specific proposals were made.

Two of these were suggested in resolutionsadopted by the Commission at its tenth sessionin 1954 and reaffirmed at its eleventh sessionin 1955. The first recommended that the Gen-eral Assembly set up a commission to conduct asurvey of the right of peoples and nations to"permanent sovereignty over their naturalwealth and resources" and to make recom-


mendations thereon. The second suggested theestablishment by the Assembly of a Commissionto examine alleged denials or inadequate reali-zation of the right to self-determination, toprovide its good offices in such situations andto report the facts to the General Assembly.

At its twentieth session in mid-1955, the Eco-nomic and Social Council decided, by resolution586 D (XX), to transmit the Commission's twoproposals to the Assembly as well as a thirdsuggestion of its own which called for the estab-lishment of an ad hoc commission to "conducta thorough study of the concept of self-deter-mination". The General Assembly, decided bothin 1955 and in 1956 (at its tenth and eleventhsessions) to postpone consideration of theserecommendations to its following session. Be-cause these three proposals were still beforethe General Assembly, neither the Economicand Social Council nor the Commission onHuman Rights discussed self-determination attheir 1957 sessions.

The self-determination question was consid-ered at the Assembly's twelfth session, in debatesheld in its Third Committee between 26 No-vember and 3 December.

Afghanistan, Panama, the Philippines, SaudiArabia and Uruguay submitted a draft resolu-tion on the subject to the Third Committee.By this text, the Assembly, recalling earlierUnited Nations action on self-determination,would reaffirm that all States, including thoseadministering Non-Self-Governing Territoriesshould promote the realization of that right.It would also state that "inadequate realiza-tion" of the right to self-determination not onlyundermined friendly relations among nations,but was also contrary to the purposes and prin-ciples of the United Nations. The draft resolu-tion expressed the hope that United NationsMembers would, in their relations with oneanother, give due respect to the right of self-determination, and that States administeringNon-Self-Governing Territories would promotethe realization and facilitate the exercise of thisright in accordance with the purposes and prin-ciples of the United Nations. It was also pro-posed that self-determination be further con-sidered at the General Assembly's thirteenthsession.

The draft resolution was revised orally bythe sponsors during the debate as follows: By

one change, the words "inadequate realization"were modified to read "disregard". By another,the Assembly would reaffirm the importance of,rather than express the hope for, due respect forself-determination. The text as thus amendedwas subsequently adopted by the Third Com-mittee.

Committee Members were generally agreedthat no decision could be reached on the threeproposals (i.e., those made by the HumanRights Commission in 1954 and that made bythe Economic and Social Council in 1957) inview of the lack of available time at the twelfthsession. Committee Members also agreed thatthe discussions should be continued at the nextAssembly session. Several representatives re-gretted the postponement of the debate on self-determination and urged that this question begiven priority consideration at the Assembly'sthirteenth session.

There was general agreement on the import-ance of self-determination to the maintenanceof international peace and friendly relationsbetween nations, but different opinions wereexpressed on its legal nature and scope. SomeMembers of the Third Committee thought thatthe Charter of the United Nations did not gobeyond recognition of the principle of self-determination, and they could not agree thata right was involved. The majority of repre-sentatives, however, were opposed to such aninterpretation and emphasized that GeneralAssembly resolutions and the draft InternationalCovenants on Human Rights recognized self-determination as a fundamental human right.

Some felt that the right to self-determinationshould be given universal application, andshould not concern the peoples in Non-Self-Governing or Trust Territories alone. They con-sidered that the United Nations should also beconcerned with other situations, such as thoseinvolving a loss of independence, the positionof minority groups within independent Statesor those people who, although not subject toforeign rule, could not freely participate in thegovernment of their countries. The point wasalso made that the draft resolution disregardedthe principle of universal application by em-phasizing the obligations of States administeringNon-Self-Governing Territories.

Several representatives held the view thatquestions of political freedom and claims for

HUMAN RIGHTS 205secession in independent States were outside thescope of self-determination. The question to beexamined was whether a people or nation wereunder foreign political or economic domination.They thought that independent nations, sooneror later, had the opportunity to regain lostfreedom. But liberation from foreign rule wasclearly beyond the power of dependent peoples.Helping them to achieve independence shouldbe a primary concern of the United Nations.

Some representatives contended that the rightof peoples and nations to permanent sovereign-ty over their natural wealth and resources, withproper safeguards for foreign investments madefor economic development purposes, was a basicconstituent of the right to self-determination. Itwas noted that one proposal submitted by theCommission on Human Rights properly em-phasized this factor.

Because of the different opinions in the ThirdCommittee, one suggestion was made for studyof the concept and main elements of self-de-termination, as proposed by the Economic andSocial Council. It was felt that this would notnecessarily lead to postponement of other prac-

tical measures, but would supplement them.Several representatives, however, believed

that the right to self-determination had alreadybeen clearly defined, and that a study of abstractprinciples, as suggested by the Council, wouldonly serve to confuse the issue or place artificialobstacles in the way of peoples seeking theirindependence. Enough time had been devotedto the meaning and scope of self-determination,and now measures to carry out the proposalswere required. They considered that the sug-gestion made by the Commission on HumanRights to establish a commission of good officesmight lead to fruitful results, providing that allStates showed their goodwill by co-operatingwith such a commission.

After voting on several paragraphs individu-ally, the Third Committee, on 3 December1957, adopted the five-nation draft resolution,as orally revised by the sponsors, by a roll-callvote of 54 to 0, with 13 abstentions. This reso-lution was subsequently approved at a plenarymeeting of the General Assembly on 11 Decem-ber by 65 votes to 0, with 13 abstentions, asresolution 1188 (XII).



Plenary Meeting 727.Third Committee, meetings 821-827.

A/3587. Note by Secretary-General.A/C.3/L.659 and Rev.l. Afghanistan, Panama,

Philippines, Saudi Arabia, Uruguay draft resolutionand revision, adopted by Third Committee, asorally revised by sponsors, by Guatemala andArgentina, by roll-call vote of 54 to 0, with 13abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tria, Bolivia, Brazil, Bulgaria, Burma, ByelorussianSSR, Cambodia, Ceylon, Chile, China, Colombia,Costa Rica, Czechoslovakia, Dominican Republic,Ecuador, Egypt, Ethiopia, Finland, Ghana, Greece,Guatemala, Honduras, Hungary, India, Indonesia,Iran, Iraq, Ireland, Israel, Japan, Liberia, Federa-tion of Malaya, Mexico, Pakistan, Panama, Peru,Philippines, Poland, Romania, Saudi Arabia, Sudan,Syria, Thailand, Turkey, Ukrainian SSR, USSR,United States, Uruguay, Venezuela, Yemen, Yugo-slavia.Against: None.Abstaining: Australia, Belgium, Canada, Denmark,France, Italy, Netherlands, New Zealand, Norway,Portugal, Spain, Sweden, United Kingdom.

A/3775. Report of Third Committee.RESOLUTION 1188(XII), as recommended by Third

Committee, A/3775, adopted by Assembly on 11

December 1957, meeting 727, by 65 votes to 0,with 13 abstentions.

"The General Assembly,"Recalling that one of the purposes and principles

of the United Nations is to develop friendly relationsamong nations based on respect for the principle ofequal rights and self-determination of peoples,

"Recalling further its resolution 545 (VI) of 5 Feb-ruary 1952 in which it decided to include in theInternational Covenants on Human Rights an articlewhich should provide: 'All peoples shall have theright of self-determination',

"Reaffirming the principles embodied in the above-mentioned resolution that all States, including thosehaving responsibility for the administration of Non-Self-Governing Territories, should promote the realiza-tion of that right, in conformity with the purposesand principles of the United Nations,

"Considering that disregard for the right to self-determination not only undermines the basis offriendly relations among nations as defined in theCharter of the United Nations but also createsconditions which may prevent further realization ofthe right itself,

"Believing that such a situation is contrary to thepurposes and principles of the United Nations,

"1. Reaffirms that it is of international importancethat, in accordance with the purposes and principles ofthe Charter of the United Nations:


"(a) Member States shall, in their relations withone another, give due respect to the right of self-determination ;

"(b) Member States having responsibility for theadministration of Non-Self-Governing Territories shallpromote the realization and facilitate the exercise ofthis right by the peoples of such Territories;

"2. Decides to consider further at its thirteenth ses-sion the item 'Recommendations concerning interna-tional respect for the right of peoples and nations toself-determination', including the proposals containedin Economic and Social Council resolution 586 D(XX) of 29 July 1955."

PERIODIC REPORTS AND SPECIAL STUDIES

PERIODIC REPORTSOn the recommendation of the Commission

on Human Rights, the Economic and SocialCouncil by resolution 624 B (XXII) of 1 August1956, initiated a system of periodic reporting byGovernments.

Pursuant to this resolution the Secretary-Gen-eral requested Members of the United Nationsand of the specialized agencies to prepare andtransmit reports describing the general develop-ments and the progress achieved in the promo-tion of human rights during the years 1954,1955 and 1956. The International Labour Or-ganisation (ILO), the United Nations Educa-tional, Scientific and Cultural Organization(UNESCO), the World Health Organization(WHO), the Food and Agriculture Organiza-tion (FAO), the International Telecommunica-tion Union (ITU) and the Universal PostalUnion (UPU) were also invited to transmitsummaries, in respect of the rights coming with-in their purview, of the information they hadreceived from their member States for the periodunder review.

By December 1957, reports had been re-ceived from the following Governments as fol-lows : Australia, Austria, Brazil, Cambodia, Cey-

lon, Chile, China, Czechoslovakia, Denmark,Dominican Republic, Federal Republic of Ger-many, Finland, France, Hungary, Israel, Lux-embourg, Mexico, Morocco, Nepal, Norway,Pakistan, Panama, the Philippines, Poland, Por-tugal, Sweden, the Ukrainian SSR, the UnitedKingdom and the United States. ILO, UNESCOand ITU also sent reports. A brief summary ofall these reports was to be submitted by theSecretary-General to the 1958 session of theCommission on Human Rights.

SPECIAL STUDIESIn 1956, the Commission on Human Rights

and the Economic and Social Council madearrangements for studies of specific rights orgroups of rights to be undertaken with a viewto making objective and general recommenda-tions. By resolution 624 B (XXII), the Councilapproved "the right of everyone to be free fromarbitrary arrest, detention and exile" as the firstsubject for special study. A fbur-member com-mittee, established by the Human Rights Com-mission in 1956 to study this subject, reportedto the Commission in 1957 with certain prelimi-nary observations on the general approach tothe study, of which the Commission took note.


E/2970. Report of the 13th session of the Commissionon Human Rights, 1-26 April 1957 (see Annex IIof this report for a list of Commission documents).

ECONOMIC AND SOCIAL COUNCIL——24TH SESSION

Plenary Meeting 989.Social Committee, meetings 359-364.

E/2970/Rev.l. Report of 13th session of Commission

on Human Rights, 1-26 April 1957. (See Annex IIof this report for list of Commission documents.)

E/3027 and Corr.2 and Add.l. Report of SocialCommittee (draft resolution A).

RESOLUTION 651A(XXIV), taking note of report of13th session of Commission on Human Rights, asrecommended by Social Committee, E/3027,adopted unanimously by Council on 24 July 1957,meeting 989.

ADVISORY SERVICES IN HUMAN RIGHTS

General aspects of the United Nations pro-gramme of advisory services in human rightswere considered by the Commission on Human

Rights in April 1957, at its thirteenth session,and later by the Economic and Social Council,at its twenty-fourth session, in mid-1957.

HUMAN RIGHTS 207Before the Commission was a report by the

Secretary-General describing activities since theCommission's 1956 session.

When in mid-1957, the Economic and SocialCouncil discussed in general the use of advisoryservices in human rights, it had before it a re-port by the Secretary-General on the develop-ment of the advisory services programme sinceits establishment by the General Assembly inDecember 1955.

Council members voiced general satisfactionat the progress made. However, since it was tooearly to assess the results achieved, the debatecentred on the procedure and methods for or-ganizing seminars. The use of working partiesin their preparation was generally approved. Itwas also maintained that seminars should beorganized on a regional rather than on a world-wide basis, and that topics discussed should berelated to the work programmes of the Commis-sions concerned. The point was also made thatwhile seminars were important, scholarships andfellowships should also be granted.

ADVISORY SERVICES FOR

PREVENTION OF DISCRIMINATION

AND PROTECTION OF MINORITIES

Advisory services in human rights were alsodiscussed during 1957 by the Commission onHuman Rights in connexion with the reportof the ninth session of the Sub-Commission onthe Prevention of Discrimination and the Pro-tection of Minorities.

The Commission unanimously approved, withminor amendments, a recommendation by theSub-Commission on the application of advisoryservices to the prevention of discrimination andthe protection of minorities.

It also recommended that the Economic andSocial Council: (1) draw the attention ofGovernments to the important role which anexchange of views and information throughseminars could play in combating discrimina-tion; (2) invite the Secretary-General, on thebasis of requests from Governments, to considerthe desirability of convening working partieswith a view to planning and organizing suchseminars; and (3) express the hope that allGovernments would co-operate in achieving thepurpose of the resolution.

This resolution was subsequently adopted bythe Council on 24 July 1957, at its twenty-

fourth session, when it was unanimously ap-proved as resolution 651 C (XXIV).

ADVISORY SERVICES AND

FREEDOM OF INFORMATION

Discussed, too, during 1957 was the use ofadvisory services in developing information me-dia in under-developed countries and in fur-thering freedom of information. These matterswere discussed by the Commission on HumanRights in April, at the Economic and SocialCouncil's twenty-third session, also in April,and later in the year at the General Assembly'stwelfth session. (For further details, see sectionFREEDOM OF INFORMATION, below.)

By a resolution adopted by the General As-sembly on 11 December 1957, Member Stateswere urged to consider the possibility of organiz-ing, in co-operation with the Secretary-General,seminars on freedom of information underthe United Nations programme of advisoryservices in human rights. This was approvedat a plenary meeting of the Assembly as reso-lution 1189C(XII) by 55 votes to 0, with19 abstentions. It was adopted on the recom-mendation of the Third Committee, which ap-proved it on 9 December 1957 by 48 votes to 0,with 18 abstentions, on the basis of a proposalby the Philippines.

ADVISORY SERVICES AND

THE STATUS OF WOMEN

Also in 1957, the Commission on the Statusof Women discussed the use of advisory servicesfor improving the status of women. So did theEconomic and Social Council and the GeneralAssembly. (For details, see CHAPTER x, STATUSOF WOMEN; see also SEMINARS AND EXPERTSbelow. )

SEMINAR AND EXPERTS

The first seminar convened under the pro-gramme of advisory services in human rights,held at Bangkok, Thailand, from 5 to 16 August1957, was concerned with the civic responsi-bilities and increased participation of Asianwomen in public life. The seminar was organ-ized by the United Nations in co-operation withthe Government of Thailand. One of its pur-poses was to enable participants—mainly womenresponsible for making policies, planning pro-grammes, directing operations and providing


leadership in various fields in the countries andterritories of Asia—to consider the implicationsof the responsibilities and increased participa-tion of Asian women in public life.

Participants from 15 countries or territoriestook part in the proceedings.

The main items discussed were : ( 1 ) themeaning of civic rights and responsibilities; (2)participation of women in the process of gov-ernment at all levels and in all fields; (3) fac-tors, such as educational conditions, economicconditions, health conditions, social and religi-ous attitudes and community development, af-fecting women's participation in public life;and (4) projects in which participation bywomen should be developed and increased.

The seminar drew up a tentative list of pro-jects in which the participation of South-EastAsian women could be developed and increased.The list was divided into three categories: (a)projects of Governments; (b) projects of inter-governmental organizations; and (c} projectsof national and international voluntary organi-zations.

Early in 1957, the Government of the Philip-pines asked the Secretary-General to hold a

regional seminar in the Philippines in 1958 onthe subject of the protection of human rightsin criminal law and procedure, or some spe-cific aspects thereof. A working party of expertsfrom Australia, China, India, Indonesia, Japan,the Philippines, Thailand and Viet-Nam met atManila in May, at the Secretary-General's in-itiative, to plan a programme of work for theseminar and to discuss other arrangements.

In August 1957, another expert working groupmet at Santiago, Chile, on the initiative of theSecretary-General, to consider the possibility oforganizing a Western Hemisphere seminar onthe subject of the protection of human rights incriminal law and procedure. The Chilean Gov-ernment offered to be host to such a seminar in1958. The working party drew up a list oftopics for discussion, made various arrangementsand recommended that all countries in theWestern Hemisphere be invited to participate.

In 1957, an expert was sent out, from France,to advise the Haitian Government, at its re-quest, on the development of election proce-dures and techniques, with particular attentionto the problem of identification of voters andcandidates.



Plenary Meeting 989.Social Committee, meeting 362.

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, Chapter X.

A/3006. Report of Secretary-General on advisoryservices in the field of human rights, submittedunder paragraph 4 of General Assembly resolution926(X).

PREVENTION OF DISCRIMINATIONAND PROTECTION OF MINORITIES

ECONOMIC AND SOCIAL COUNCIL—24TH SESSIONPlenary Meeting 989.Social Committee, meetings 359-362.

E/2970/Rev.l. Report of 13th session of Commis-sion on Human Rights, Chapter VI, Section V.

E/2970/Rev.l, Annex I. Draft resolution B sub-mitted by Commission on Human Rights, adoptedunanimously by Social Committee.

E/3027 and Corr.2, and Add.l. Report of SocialCommittee (draft resolution C).

RESOLUTION 651 e (XXIV), as recommended by SocialCommittee, E/3027, adopted unanimously by Coun-cil on 24 July 1957, meeting 989.

"The Economic and Social Council,"Recalling General Assembly resolution 926(X) of

14 December 1955 on advisory services in the field ofhuman rights,

"Recalling also resolution F adopted by the Sub-Commission on Prevention of Discrimination andProtection of Minorities at its eighth session and theresolution adopted by the Commission on HumanRights at its twelfth session, on the same subject,

"Recalling also its resolution 605(XXI) of 3 May1956 on this subject,

"1. Draws the attention of Governments to theimportant role which the exchange of views andinformation by means of seminars can play in com-bating discrimination;

"2. Invites the Secretary-General, on the basis ofrequests received from Governments, to consider theadvisability of convening working parties with a viewto planning and organizing such seminars;

"3. Expresses the hope that all Governments willco-operate in achieving the purpose of the presentresolution."


ECONOMIC AND SOCIAL COUNCIL—24TH SESSIONPlenary Meeting 989.Social Committee, meeting 362.

HUMAN RIGHTS 209

E/3002. United Nations news personnel seminar andnews personnel fellowships. Report by Secretary-General under Council resolution 605(XXI).



A/C.3/L.660 and Rev.l. Philippines draft resolutionand revision. Part C, as orally amended by Israel,adopted by Third Committee by 48 votes to 0,with 18 abstentions.

A/3778. Report of Third Committee.RESOLUTION 1189 c (XXII), as recommended by Third

Committee, A/3778, adopted by Assembly on 11December 1957, meeting 727, by 55 votes to 0,with 19 abstentions.

"The General Assembly,"Recognizing the desirability of studying all possible

means of increasing the free flow of accurate and un-distorted news and information within countries andacross national frontiers,

"Noting the developing programme of advisory ser-vices in the field of human rights authorized by theGeneral Assembly in its resolution 926(X) of 14December 1955,

"Considering that the holding of seminars on free-dom of information could contribute to the solutionof problems in this field,

"Urges Member States to consider the possibilityof organizing, in co-operation with the Secretary-General, seminars on freedom of information underthe programme of advisory services in the field ofhuman rights."

THE STATUS OF WOMENFor documentary references and texts of resolutions

adopted (Economic and Social Council resolution652 I (XXIV) and General Assembly resolution 1163(XXI)) see below, CHAPTER x, THE STATUS OFWOMEN.

SEMINARS AND EXPERTSE/3006. Report of Secretary-General on advisory

services in the field of human rights, submittedunder paragraph 4 of General Assembly resolution926(X).

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, Chapter X.

7957 Seminar on Civic Responsibilities and IncreasedParticipation of Asian Women in Public Life,Bangkok, 5-16 August 1957. U.N.P. Sales No.:1957.IV.10.

PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

DISCRIMINATION IN EDUCATIONAt its ninth session, held from 18 February

to 8 March 1957, the Sub-Commission on Pre-vention of Discrimination and Protection ofMinorities had before it a study on discrimina-tion in education, prepared by Charles D.Ammoun, its Special Rapporteur, and the com-ments of the United Nations Educational Scien-tific and Cultural Organization (UNESCO) onan earlier draft of this study.

The study was divided into three main parts.Part I consisted of an analysis of the informa-tion which the Special Rapporteur had collect-ed. Part II contained information about actiontaken on the international, national and locallevels to eradicate discrimination in education;it also carried a summary of the general trendsrevealed by the study. In Part III, the Spe-cial Rapporteur submitted general proposals foraction to eradicate discrimination in education.

On the basis of the study, the Sub-Commis-sion formulated 10 fundamental principles andproposals for action which, in its opinion, shouldbe applied in order to eliminate discriminationin education on grounds of race, colour, sex,language, religion, political or other opinions,national or social origin, property, birth or other

status. These were submitted to the Commissionon Human Rights.

The Sub-Commission also asked the Commis-sion to study three possibilities for attainingthe goals set forth in these principles. Theseconcerned: (1) the usefulness and desirabilityof having the Economic and Social Councilprepare an international instrument in whichthe principles would be set forth; (2) a requestthat UNESCO consider whether an appropriateinternational instrument or instruments for theprevention of discrimination in education couldbe drafted and adopted ; and ( 3 ) the desirabilityof drawing the attention of the General Assem-bly to the necessity of giving these principles dueimportance in the preparation of the draft inter-national Covenant on Economic, Social andCultural Rights.

The Sub-Commission also recommended thatthe Special Rapporteur's study be transmittedto UNESCO for use in that agency's efforts tocombat discrimination in education, and pro-posed that UNESCO be asked to prepare, incollaboration with the Special Rapporteur, apopular summary of the study to be used inuniversities, schools and other educational in-stitutions.


The matter came before the Commission onHuman Rights at its thirteenth session, heldbetween 1 and 26 April 1957. The Commissionfelt that the Sub-Commission's proposals de-served careful study by Governments. Accord-ingly, it requested the Secretary-General to askMembers of the United Nations and of special-ized agencies for comments and suggestionsboth on the principles and on the possibility ofadopting one or more international instrumentsin this field. These comments and suggestionswere to be submitted before 1 December 1957so that they might be considered in 1958 at theSub-Commission's tenth session and at the Com-mission's fourteenth session.

It asked that the Secretary-General circulatethe Special Rapporteur's study widely and thatUNESCO prepare a popular summary of it tobe used as the Sub-Commission had proposed.The Commission also noted the comments al-ready made by UNESCO on this question aswell as UNESCO's decision to continue its con-sideration of the problem.

The study on discrimination in education wasagain considered at the Economic and SocialCouncil's twenty-fourth session in mid-1957. Inview of the fact that the Sub-Commission hadcompleted its consideration of the study of dis-crimination in education, and considering thatthere was little time for the comments of Gov-ernments to be circulated and studied at theSub-Commission's tenth session due to be heldearly in 1958, the Council unanimously decidedto ask the Secretary-General to transmit thecomments and suggestions direct to the Commis-sion for consideration at the latter's fourteenthsession. The Council's resolution to this effect(651 G (XXIV) ) was unanimously adopted on24 July.

DISCRIMINATION IN FIELD OFEMPLOYMENT AND OCCUPATION

Two reports on discrimination in the field ofemployment and occupation, prepared by theInternational Labour Office for the fortiethsession of the International Labour Conference(June 1957), were examined by the Sub-Com-mission on Prevention of Discrimination andProtection of Minorities at its ninth session. Thefirst report analysed the various forms of dis-crimination in employment and occupation. The

second summarized the replies of Governmentsto the questionnaire contained in the first report,and the proposed conclusions which were in-tended to serve as a basis for action by theInternational Labour Conference.

The Sub-Commission recognized in generalthe validity both of the analysis of the variousforms of discrimination in the field of employ-ment and occupation made by the InternationalLabour Organisation (ILO) and of the prin-ciples suggested as a guide for the policy ofGovernment authorities. The Sub-Commissionasked the Commission on Human Rights: (1)to recommend that the Economic and SocialCouncil inform ILO of the work already ac-complished in this field and of its desire thatthis work should be continued as before; (2)to transmit to ILO, in time for submission tothe International Labour Conference in 1957,the records of the exchange of views in theSub-Commission on the subject; and, (3) re-commend that the Council and the Secretary-General authorize suitable arrangements to en-able the results of the work of the InternationalLabour Conference to be transmitted directlyto the Sub-Commission and to enable the workat the Sub-Commission's 1958 session to bebrought to the attention of ILO in time forsubmission to the International Labour Con-ference in 1958. The Sub-Commission had fur-ther decided to retain the question of discrimi-nation in employment and occupation on theagenda for its tenth session with a view to reach-ing a conclusion on this problem, in the light,inter alia, of the additional work done by ILOin 1957.

The Commission, at its thirteenth session,asked the Secretary-General to transmit to ILOthe records of the exchange of views on the re-ports in the Commission and in the Sub-Com-mission; and to make suitable arrangementsfor the results of the work of the InternationalLabour Conference to be transmitted to theSub-Commission.

DISCRIMINATION IN RELIGIOUSRIGHTS AND PRACTICES

At its ninth session, the Sub-Commission hadbefore it a progress report, prepared by itsSpecial Rapporteur, Arcot Krishnaswami, ondiscrimination in religious rights and prac-

HUMAN RIGHTS 211tices. The report was divided into two parts.The first dealt with the collection of materialfor the study. The second part outlined theviews of the Special Rapporteur on the mate-rials to be included and the general approachto be taken to the problem.

Expressing deep appreciation of Mr. Krish-naswami's work, the Sub-Commission requestedthe Commission on Human Rights again to askGovernments and non-governmental organiza-tions to co-operate in replying as soon as pos-sible to the requests for information already ad-dressed to them. It further asked the SpecialRapporteur to prepare, with the assistance ofthe Secretary-General, a draft report whichwould be similar in scope to the final report onthis subject, for submission to the Sub-Commis-sion's tenth session.

The Commission on Human Rights, at itsthirteenth session, asked the Secretary-Generalto invite Governments, specialized agencies andnon-governmental organizations to submit re-levant material by 15 August 1957 for use inthe preparation of a draft report.

DISCRIMINATION INPOLITICAL RIGHTS

At its ninth session, the Sub-Commissionheard an oral report by Hernan Santa Cruz,its Special Rapporteur appointed to study dis-crimination in the matter of political rights. Headvised the Sub-Commission that he had notbeen able to prepare a preliminary report forsubmission at the ninth session, the resources ofthe United Nations Secretariat which couldotherwise be used for this having been devotedto the study of discrimination in religion. TheSub-Commission requested the Secretary-Gen-eral to give the Special Rapporteur all thenecessary aid in order to enable him to presentan interim report to the Sub-Commission'stenth session.

The Commission on Human Rights, at itsthirteenth session, decided that no action onits part was called for in the matter at thisstage.

CONFERENCES OF INTERESTEDNON-GOVERNMENTALORGANIZATIONS

At its ninth session, the Sub-Commission on

Prevention of Discrimination and Protection ofMinorities also had before it a report by theSecretary-General on the results of his consulta-tions with non-governmental organization on thedate, duration and agenda of further confer-ences of non-governmental organizations inter-ested in the eradication of prejudice and dis-crimination. (The first conference of this kindhad been held in Geneva in 1955.)

The report, prepared in accordance with a re-quest made by the Commission on Human Rightsin 1956, indicated that 22 organizations, in addi-tion to the 18 which submitted a joint statementto the Commission's twelfth session favouring afurther conference, appeared to express supportfor a further conference in 1958. Five had ex-pressed the view that there was no urgency aboutthe organization of such a conference, or hadsuggested that the matter be considered further.One had opposed a further conference in 1958.

The Sub-Commission, after considering thereport, unanimously recommended that theCommission on Human Rights ask the Eco-nomic and Social Council to make arrangementsfor convening such a conference, if possibleduring the last week prior to the Council's mid-1958 session. The Sub-Commission also suggest-ed certain matters which could usefully be takenup by such a conference, and drew attention tothe importance of adequate preparation anddocumentation.

The Secretary-General advised the Commis-sion that he was not convinced of the value ofthis proposal, as he considered it unlikely thatsuch a conference could go much beyond theachievements of that held in 1955. The Com-mission, at its thirteenth session, invited theSub-Commission to consider the matter againat its tenth session, taking into account suchadditional observations as might be receivedfrom the interested non-governmental organiza-tions, particularly from those in Asia, Africaand Latin America, and to report on the ques-tion to the Commission.

At its twenty-fourth session in mid-1957, theEconomic and Social Council was informedthat the Seventh General Conference of Con-sultative Non-Governmental Organizations hadearlier in the year recommended that a secondconference on the eradication of prejudice anddiscrimination should be called. On July 24,


by resolution 651 D (XXIV), the Council de-cided unanimously to ask the Secretary-Generalto consult non-governmental organizations inconsultative status with the Council (especiallythose in Africa, Asia and Latin America), theSub-Commission and the Commission on theconvening of a second conference of non-govern-mental organizations. It also asked him to re-

port on these consultations to the Council'stwenty-sixth session in mid-1958 and to makeappropriate recommendations.

(For details about advisory services with re-gard to the prevention of discrimination andthe protection of minorities see above, sectionon ADVISORY SERVICES IN HUMAN RIGHTS.)


E/CN.4/740. Report of 9th session of Sub-Commis-sion on Prevention of Discrimination and Protectionof Minorities to Commission on Human Rights,18 February-8 March 1957. (See annex of thisreport for list of Sub-Commission documents.)

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, 1-26 April 1957. (See AnnexII of this report for list of Commission documents.)



DISCRIMINATION IN EDUCATIONStudy of Discrimination in Education /E/CN.4/

Sub.2/181/Rev.l). U.N.P. Sales No.: 1957.XIV.3.E/2970/Rev.l, p. 20. Resolution VIII adopted by

Commission on Human Rights.E/AC.7/L.288 and Rev.l. United Kingdom draft

resolution and revision, adopted unanimously bySocial Committee.

E/3027 and Corr.2, and Add.l. Report of SocialCommittee (draft resolution G).

RESOLUTION 651 G (XXIV), as recommended by SocialCommittee, E/3027, adopted unanimously by Coun-cil on 24 July 1957, meeting 989.

"The Economic and Social Council,"Having considered the resolution adopted by the

Commission on Human Rights at its thirteenth session,concerning proposals submitted by the Sub-Commissionon the Prevention of Discrimination and Protection ofMinorities relating to the study on discriminaton ineducation prepared by the Special Rapporteur of theSub-Commission,

"Considering that in submitting these proposals theSub-Commission has completed its consideration ofthis study,

"Considering further that, as the Sub-Commission'sproposals have been referred to Governments for com-ments and suggestions before 1 December 1957 andas the Sub-Commission ordinarily meets very early inthe year, there is little time for these comments andsuggestions to be circulated and considered by theSub-Commission at its next session,

"Requests the Secretary-General to submit the com-ments and suggestions of Governments direct to the

Commission on Human Rights for consideration by theCommission at its fourteenth session."

CONFERENCES OF INTERESTEDNON-GOVERNMENTAL ORGANIZATIONSE/2970/Rev.l, p.15. Resolution V, adopted by Com-

mission on Human Rights.E/AC.7/L.286 and Rev.l. France and United States

draft resolution and revision as amended by Canadaand France, adopted unanimously by Social Com-mittee.

E/3027 and Corr.2 and Add.l. Report of SocialCommittee (draft resolution D).

RESOLUTION 651 D (XXIV), as recommended by SocialCommittee, E/3027, adopted unanimously by Coun-cil on 24 July 1957, meeting 989.

"The Economic and Social Council,"Having considered the resolution of the Commis-

sion on Human Rights regarding the convening of asecond conference of non-governmental organizationsinterested in the eradication of prejudice and discrimi-nation,

"Having been informed, however, that the SeventhGeneral Conference of Consultative Non-Govern-mental Organizations at its 1957 session recommendthat such a conference be called,

"Noting that the Conference decided to instruct itsBureau to negotiate with the appropriate organ of theUnited Nations on such procedural matters as theagenda, facilities, working methods, date and durationof such a conference,

"Bearing in mind the desirability of convening sucha conference as soon as possible,

"Requests the Secretary-General:"(a) To consult non-governmental organizations in

consultative status concerned, especially those inAfrica, Asia and Latin America, the Sub-Commissionon the Prevention of Discrimination and the Protectionof Minorities, and the Commission on Human Rightsregarding the convening of a second conference ofnon-governmental organizations interested in the era-dication of prejudice and discrimination;

"(b) To report to the Council at its twenty-sixthsession on these consultations and, in the light ofthem and having regard to the views expressed in theCouncil, to make appropriate recommendations."

HUMAN RIGHTS


213

PROGRESS IN FIELD OFFREEDOM OF INFORMATION

CONSIDERATION BY COMMISSION

Following an earlier proposal made in 1956,at its twelfth session, the Commission on HumanRights, at its thirteenth session, in April 1957,discussed progress made in the field of freedomof information.

On 18 April 1957, the Commission decidedby 15 votes to 0, with 1 abstention, to establisha five-member committee to examine all re-commendations, decisions and activities ofUnited Nations organs and specialized agenciesin the sphere of freedom of information.

This Committee on Freedom of Informationwas also asked to report to the Commission onthe question of developing information media.(See also INFORMATION MEDIA IN UNDER-DEVEL-OPED COUNTRIES below.)

Composed of representatives of France, India,Lebanon, Mexico and Poland, the Committeeon Freedom of Information met in May andJune 1957 to organize its work. Its report wasdue to be presented to the Human Rights Com-mission in 1958.

CONSIDERATION BY GENERAL ASSEMBLY

Ways and means of keeping freedom of in-formation problems under constant review werealso discussed at the General Assembly's twelfthsession in December 1957.

In the course of debate in the Third Com-mittee, the Philippines proposed a draft resolu-tion to ask the Human Rights Commission (1)to consider procedures for ensuring a continu-ing study of problems of the freedom of informa-tion, and (2) to give special consideration, whenexamining the report of its five-member Com-mittee on Freedom of Information, to the pro-blem of developing media of information inunder-developed countries.

The draft also contained provisions underwhich the Commission would have been askedto give special consideration to problems of cen-sorship and the possibility of preparing a draftdeclaration on freedom of information basedon article 19 of the Universal Declaration ofHuman Rights. These provisions, however, wererejected in a separate vote on the relevant sub-paragraphs.

The draft resolution was adopted by theThird Committee in an amended form on 9December 1957 by 43 votes to 2, with 21 ab-stentions. On 11 December, it was adopted ata plenary meeting of the Assembly by 50votes to 0, with 24 abstentions, as resolution1189 B (XII).

In adopting this resolution, the Assembly alsorecognized the important role of informationmedia in strengthening friendly relations be-tween peoples. It recognized, too, that a freeflow of accurate and undistorted news and in-formation was a powerful factor in maintain-ing international peace and understanding.

In another resolution (1189 C (XII) ), alsoadopted on 11 December, the Assembly urgedMember States to consider organizing seminarson freedom of information under the UnitedNations programme of advisory services in hu-man rights. Such seminars, it recognized, couldhelp to solve problems in the field of free-dom of information. (For further details, seesection above on ADVISORY SERVICES IN HUMANRIGHTS.)

DRAFT CONVENTIONConsideration of the draft Convention on

Freedom of Information had been postponedfrom the ninth session of the General Assemblyin 1954 until its twelfth session. Originally pre-pared by the United Nations Conference onFreedom of Information held at Geneva in1948,2 it was revised by an ad hoc committeeof the General Assembly in 1951.3

In the course of debate in the Third Com-mittee at the Assembly's twelfth session, someMembers, while recognizing that time for con-sideration of the draft Convention was limited,stressed the need for further study of both thedraft and the general problems of freedom ofinformation. They urged early detailed con-sideration of the draft Convention by the Com-mittee. Other Committee Members, however,were pessimistic about the possibility of everdrafting an acceptable text and thought thatfurther work on it would serve no useful pur-pose.

Those in favour of further work on the draft

2 See Y.U.N., 1947-1948, p. 588.3See Y.U.N., 1951, pp. 508-13.


pointed out that all Member States should havean opportunity to discuss the formulation ofthe controversial article 2 of the draft conven-tion, which lists permissible restrictions on thefreedom of information. The suggestion wasmade (though not formally introduced) that anad hoc committee of representatives from 24States should consider the draft Convention indetail in mid-1958.

On 5 December 1957, the Philippines sub-mitted a draft resolution to the following effect.The Assembly, after noting the need to bringthe draft Convention to the attention of thenewer Members of the United Nations, wouldask the Secretary-General: (a) to circulate toMember States the text of the draft Convention,as revised in 1951, and invite them to commentthereon; and (b) to report to the thirteenthsession of the Assembly, so as to enable it totake appropriate action.

Chile proposed adding a paragraph to askthe Secretary-General to invite Members toprovide a statement of the legal provisions"directly or indirectly" relating to freedom ofinformation in force in their countries. Thisamendment was accepted, except for the words"directly or indirectly" which were rejected by27 votes to 19, with 19 abstentions.

The draft resolution, as a whole and as amend-ed, was adopted by the Third Committee on 9December 1957 by 66 votes to 0, with 2 absten-tions. On 11 December 1957, it was approvedat a plenary meeting of the Assembly by a voteof 75 to 0, with 1 abstention, as resolution1189 A (XII).

BROADCASTING CONVENTIONThe draft Protocol to the International Con-

vention concerning the Use of Broadcasting inthe Cause of Peace (Geneva, 1936), containstwo new articles to the effect that States partiesshould refrain from unfair attacks or slanderby radio against other peoples and that theyshould not interfere with the reception withintheir territories of foreign radio broadcasts.The draft Protocol was prepared by the Secre-tary-General as a result of a decision taken atthe General Assembly's ninth session in 1954(resolution 841 (IX)).

The draft Protocol has been transmitted tothe States parties to the Convention with a re-

quest that they state whether the functions as-signed to the League of Nations under theConvention should be transferred to the UnitedNations. By 31 December 1957, the following15 of the 26 States parties to the 1936 Con-vention had sent replies to the Secretary-Gen-eral: Burma, Ceylon, Chile, Denmark, Egypt,Finland, India, Ireland, Lebanon, Luxembourg,the Netherlands, Norway, Pakistan, Sweden andSwitzerland. All expressed approval of the trans-fer of functions.

INFORMATION MEDIA INUNDER-DEVELOPED COUNTRIES

In April 1957, at its twenty-third session, theEconomic and Social Council considered a re-port from the Secretary-General on the de-velopment of media of information in under-developed countries, which had been requestedby the Council on 26 May 1955.

On 25 April 1957, by 16 votes to 0, with 2abstentions, the Council adopted a resolution(643 (XXIII) ) inviting Members of the UnitedNations or of the specialized agencies, whichhad not done so, to transmit the informationrequested in 1955 to the Secretary-General. TheCouncil also invited Governments to take ad-vantage of existing technical assistance pro-grammes and the programme of advisory ser-vices in human rights. In addition, it invitedthe Secretary-General to complete and submita report to the Council (not later than itstwenty-seventh session in 1959) which wouldenable a concrete programme for the develop-ment of information media to be drawn up,taking into consideration recommendations bythe Commission on Human Rights.

The resolution to this effect was adopted onthe recommendation of the Council's SocialCommittee, on the basis of a proposal by theUnited States and Yugoslavia.

There was general agreement at the Council'stwenty-third session that Governments shouldtake full advantage of the technical assistancefacilities offered by the United Nations and thespecialized agencies. These facilities for eco-nomic development, it was pointed out, couldbe used for developing information media, whilethe programme of advisory services in humanrights should promote the freedom of informa-tion. The importance of promoting freedom of

HUMAN RIGHTS 215

information, it was also stressed, should not beoverlooked in developing information media.

( See also section above on ADVISORY SERVICESIN HUMAN RIGHTS.)


PROGRESS IN FIELD OFFREEDOM OF INFORMATION

CONSIDERATION BY COMMISSIONE/2970/Rev.l. Report of 13th session of Commission

on Human Rights, Chapter VII, resolution IX.

CONSIDERATION BY GENERAL ASSEMBLY

GENERAL ASSEMBLY—12TH SESSIONPlenary Meeting 727.Third Committee, meetings 828-834.

A/C.3/L.660 and Rev.l. Philippines draft resolutionand revision. Part B, adopted by Third Committeeby 43 votes to 2, with 21 abstentions.

A/C.3/L.662. United States amendment to Philip-pines revised draft resolution.

A/3778. Report of Third Committee.RESOLUTION 1189 B (XII), as recommended by Third

Committee, A/3778, adopted by Assembly on 11December 1957, meeting 727, by 50 votes to 0,with 24 abstentions.

"The General Assembly,"Recognizing that the media of information have a

more important role than ever before in strengtheningfriendly relations between peoples and that a free flowof accurate and undistorted news and information isa powerful factor in maintaining international peaceand understanding,

"Noting that the Commission on Human Rights, atits thirteenth session, appointed a committee of five ofits members for the purpose of reviewing the workof the United Nations and the specialized agencies onfreedom of information and reporting, with recom-mendations, to the Commission at its fourteenth session,

"Believing that there is need to ensure that problemsof freedom of information shall remain under constantreview by the appropriate organs of the UnitedNations,

"Requests the Economic and Social Council:"(a) To invite the Commission on Human Rights

to consider, at its fourteenth session, procedures bywhich such constant review may be ensured, inter alia,by including problems of freedom of information inthe agenda of its future sessions and examining meansof providing for the continuing study of such problems ;

"(b) Further to invite the Commission, whenexamining the report of its committee appointed toreview the work of the United Nations and thespecialized agencies on freedom of information, togive special consideration to the problem of develop-ing media of information in under-developed coun-tries;

"(c) To transmit to the General Assembly at itsthirteenth session the report of the Commission on

these matters, together with the Council's recom-mendation thereon."

See also DOCUMENTARY REFERENCES to section aboveOn ADVISORY SERVICES IN HUMAN RIGHTS.

DRAFT CONVENTION



A/3589. Note by Secretary-General.A/C.3/L.660 and Rev.l. Philippines draft resolution

and revision, Part A, as amended by Chile, adoptedby Third Committee, by 66 votes to 0, with 2abstentions.

A/3778. Report of Third Committee.RESOLUTION 1189 A (XII), as recommended by Third

Committee, A/3778, adopted by Assembly on 11December 1957, meeting 727, by 75 votes to 0,with 1 abstention.

"The General Assembly,"Considering the need to bring the text of the draft

Convention on Freedom of Information to the atten-tion of the increased membership of the UnitedNations,

"Requests the Secretary-General:"(a) To circulate to Member States the text of

the preamble and nineteen articles of the draftConvention on Freedom of Information preparedin 1951 by the General Assembly's Ad Hoc Committeeon the Draft Convention on Freedom of Information,together with a brief history of the development ofthis project, and to invite them to submit their viewsand suggestions on the text and on the action whichthe General Assembly should take thereon;

"(b) To invite Member States to provide a state-ment of the legal provisions relating to freedom ofinformation in their countries;

"(c) To report on this consultation to the GeneralAssembly at its thirteenth session to enable the Assem-bly to give such priority as it may determine to theappropriate consideration of the draft Convention onFreedom of Information."

INFORMATION MEDIA INUNDER-DEVELOPED COUNTRIES

ECONOMIC AND SOCIAL COUNCIL——23RD SESSIONPlenary Meeting 967.Social Committee, meetings 355-357.

E/2947 and Add.l. Media of information in under-developed countries. Report by Secretary-General.

E/2972. Note by Secretary-General, circulating text


of resolution adopted by Commission on HumanRights.

E/AC.7/L.284 and Corr.1. United States and Yugo-slavia draft resolution, adopted by Social Committeeby 14 votes to 0, with 2 abstentions.

E/2978. Report of Social Committee.RESOLUTION 643(XXIII), as recommended by Social

Committee, E/2978, adopted by Council on 25April 1957, meeting 967, by 16 votes to 0, with2 abstentions.

"The Economic and Social Council,"Having considered the report by the Secretary-

General prepared in co-operation with the UnitedNations Educational, Scientific and Cultural Organiza-tion on media of information in under-developedcountries,

"Noting that a more substantial number of repliesby States Members of the United Nations or membersof the specialized agencies is necessary to enable theSecretary-General to act on the request addressed tohim under paragraph 2 of Council resolution 574 D(XIX) of 26 May 1955,

"Noting further the recommendations and sugges-tions of Governments, contained in the report of theSecretary-General, concerning the development andimprovement of media of information.

"1. Reaffirms its resolution 574 D (XIX);"2. Requests States Members of the United Nations

or members of the specialized agencies which have notdone so to transmit to the Secretary-General theinformation requested in paragraph 1 of resolution574 D (XIX) ;

"3. Invites the Secretary-General to complete inco-operation with specialized agencies as appropriateand submit to the Council, not later than its twenty-seventh session, the analysis requested in paragraph 2of resolution 574D (XIX), taking into account alsoany recommendations which the Commission onHuman Rights may make as a result of its considera-tion of the problem;

"4. Invites Governments in the meanwhile to takeadvantage of the assistance which is already availablefrom the United Nations and the specialized agenciesunder the existing programmes of technical assistance,including the possibilities available under Councilresolutions 522 F (XVII), 522 J (XVII) and 522 K(XVII) of 29 April 1954, and under the programmeof advisory services provided for in General Assemblyresolution 926 (X) of 14 December 1955."

See also DOCUMENTARY REFERENCES to section aboveon ADVISORY SERVICES IN HUMAN RIGHTS.

OTHER QUESTIONS RELATING TO HUMAN RIGHTS

PRISONERS OF WARThe Ad Hoc Commission on Prisoners of

War, which consists of Judge J. G. Guerrero(Chairman), Countess Estelle Bernadette andJudge Aung Khine, held its seventh session atthe European Office of the United Nations be-tween 2 and 11 September 1957.

Representatives of Australia, Belgium, France,the Federal Republic of Germany, Italy, Japan,the Netherlands, the United Kingdom and theUnited States attended the session in responseto the Commission's invitation. The USSR Gov-ernment had also been invited, but did not replyto the Commission's invitation. The representa-tives attending were unanimous in their desireto see the work of the Commission continueduntil the problem of prisoners of the SecondWorld War was completely settled.

In its report, the Commission summarizedthe progress achieved in the solution of theproblem since its establishment in June 1951.The report showed that 33,778 Japanese na-tionals and 31,623 German nationals had beenrepatriated since the Commission started itswork. The bulk of these repatriates came fromthe USSR and the People's Republic of China.Other nationals repatriated were: 69 Italians;

147 Austrians; 286 Spaniards. Information sub-mitted by the Governments concerned showedthat the number of prisoners who at one timeor another were reported to be in the SovietUnion, but whose subsequent fate was unknown,was as follows: 87,353 German prisoners of warand 11,500 German civilians; 933 Italian prison-ers of war; and 8,069 Japanese nationals. In-formation from the Japanese Government alsoshowed that there were some 34,000 Japanesenationals, believed to be on the mainland ofChina, whose fate was unknown.

Owing to the USSR's refusal to co-operatewith it, the Commission said it was unable tonegotiate directly with the USSR Government"on whose co-operation the settlement of theproblem to a large extent depended". The Com-mission said it had to request the good officesof several Red Cross societies and to recommendthat the Governments concerned initiate directnegotiations with the detaining Governments.It has been largely due to the negotiations con-ducted by the Governments concerned and bythe various national Red Cross societies that therecent progress in repatriation was achieved.The Commission therefore decided to appealonce more to those Governments and to the

HUMAN RIGHTS 217various interested organizations to continuetheir efforts as the problem concerning prisonersof war was not yet completely settled.

TRADE UNION RIGHTSThe Secretary-General of the United Nations

forwards to the Governing Body of the Inter-national Labour Office (ILO)—for reference,if necessary, to the Fact-Finding and Concilia-tion Commission on Freedom of Association—all allegations from Governments or trade unionand employers' organizations relating to Stateswhich are members of ILO. Allegations relatingto Members of the United Nations which arenot members of ILO are brought to the atten-tion of the Economic and Social Council andcannot be forwarded to the Governing Bodyof ILO without the consent of the Governmentsconcerned. Allegations relating to States whichare members neither of the United Nations norof ILO are also brought to the Council's at-tention.

At its twenty-third session (16 April-2 May1957), the Council had before it a reply fromthe Government of Saudi Arabia (which is nota member of ILO) stating in effect that it didnot consent to the forwarding to ILO of twocommunications alleging infringements of tradeunion rights by Saudi Arabia, as submitted in1955 and 1956 by the World Federation ofTrade Unions (WFTU) and the InternationalConfederation of Free Trade Unions (ICFTU),respectively. Saudi Arabia pointed out: thatthe allegations made in 1955 distorted thetruth; that the labour decrees referred to inthe complaints were measures within the do-mestic jurisdiction of Saudi-Arabia ; and thatlabour conditions in Saudi Arabia were con-stantly being improved.

Later, when the matter was discussed in theCouncil's Social Committee, some representa-tives, particularly those of France and theUnited Kingdom, expressed concern over safe-guarding the procedure for considering allega-tions against Members of the United Nationswhich were not members of ILO. They feltthat the Council should note Saudi Arabia'sreply "with regret". The representatives ofPakistan and the United States, among others,pointed out that the Saudi Arabian Govern-ment had at least sent a reply, which was morethan other Governments had done.

The ICFTU representative renewed his re-quest, made at previous sessions, that the Coun-cil itself set up a fact-finding committee to in-vestigate allegations against States which werenot members of ILO.

The representatives of Egypt and Saudi Ara-bia questioned the Confederation's motives insubmitting the complaint. The Saudi Arabianspokesman pointed out that Saudi Arabia wasstill a patriarchal, pastoral state, not yet at alevel of economic and social development whichwould permit it to organize its manpower re-sources. The anti-strike decree which formedthe subject of the Confederation's complainthad been issued merely to maintain law andorder in the country's only organized essentialindustry.

The United States proposed that the Council"take note" of the communication receivedfrom the Saudi Arabian Government. Thisshould imply neither rejection nor approval ofthe reply. The United Kingdom suggested add-ing the words "with regret", and believed thatthe United States wording though not implyingapproval, did imply acceptance. The UnitedKingdom amendment was rejected by 6 votesto 3, with 9 abstentions. The Committee thenapproved the United States proposal, whichthe Council subsequently approved, on 1 May,by 14 votes to 0, with 4 abstentions as resolu-tion 648 (XXIII).

TENTH ANNIVERSARY OF UNIVERSALDECLARATION OF HUMAN RIGHTS

In March 1956, the Commission on HumanRights appointed a committee to prepare plansfor the widest possible celebration, on 10 De-cember 1958, of the tenth anniversary of theadoption of the Universal Declaration of Hu-man Rights. This committee—composed ofChile, France, Pakistan and the Philippines—reported to the Commission's thirteenth session(2-26 April 1957). On the basis of the commit-tee's suggestions, the Commission presentedplans for the celebration of the anniversary tothe Economic and Social Council.

At its twenty-fourth session in mid-195 7, theCouncil urged all Members of the UnitedNations or of the specialized agencies to joinin observing the day, making such use of theplans prepared by the Commission as theymight consider appropriate. It recommended


that they consider the desirability of setting upnational committees to prepare for the ob-servance of the anniversary. It also invited theco-operation of the specialized agencies andthe non-governmental organizations in consulta-tive status and hoped that regional intergovern-mental organizations concerned would join inthe observance. The Council also set up a com-mittee, consisting of Chile, Egypt, France, Pak-istan, the Philippines and Sweden, to makeplans for the celebration. It asked the Secretary-General to make the necessary arrangements, inco-operation with this committee and in con-sultation with the executive heads of UNESCOand the other specialized agencies, for givingeffect to the committee's plans. The resolutionto this effect (651B (XXIV) ) was adoptedon 24 July 1957, by 14 votes to 0, with 3 ab-stentions.

The plans approved by the Commission onHuman Rights included: a new world-widedistribution of the Universal Declaration ofHuman Rights and the publication of books,pamphlets and special articles on human rights;conferences of non-governmental organizations;national and regional meetings on human rights;special studies of human rights subjects inschools and universities ; establishment of specialhonours and awards in 1958; art competitions;special radio, television and film programmes;issuance by Governments, as well as by theUnited Nations, of commemorative postagestamps and use of UNICEF's 1958 greetingcards to illustrate human rights.

The Commission also recommended: thatGovernments arrange to hold celebrations on10 December 1958 in their capitals and prin-cipal cities; that Parliaments of Member Stateshold solemn sessions and that the heads of Statesor of Governments address special messages totheir nations on that day; and that appropriateceremonies be organized at United NationsHeadquarters, where the General Assemblywould then be in session, as well as at theother offices of the United Nations and at theheadquarters of the various specialized agencies.

On 2 August 1957, by a vote of 8 to 6 with4 abstentions, the Council decided that the1958 session (the fourteenth) of the HumanRights Commission should be held in Paris tocommemorate the tenth anniversary of the

General Assembly's adoption of the UniversalDeclaration in that city on 10 December 1948.This decision, however, was later reversed atthe General Assembly's twelfth session, on finan-cial grounds.

DRAFT DECLARATION ONRIGHTS OF THE CHILD

At its thirteenth session (1-26 April 1957)the Commission on Human Rights considereda draft Declaration on the Rights of the Child,originally prepared by the Social Commission.In 1950, the Economic and Social Council hadreferred the matter to the Commission for con-sideration in view of the close relationship be-tween that draft and the Universal Declarationof Human Rights.4

In its debate during 1957 on the nature andscope of the proposed Declaration, the Com-mission discussed the following specific points,among others: the desirability of such a docu-ment; the question whether it should take theform of a declaration or a treaty; and such ques-tions as equality of rights between legitimateand illegitimate children. Since the Commissionfelt that it was unable to consider all the aspectsof the draft Declaration, it decided to transmitthe draft Declaration to Members of the UnitedNations for comment.

The Economic and Social Council, at itstwenty-fourth session, extended the time-limitfor submission of Government comments, setby the Commission for 31 December 1957, to31 December 1958. It did so by resolution651 E (XXIV), which was adopted on 24 July1957 by 13 votes to 0, with 4 abstentions.

DRAFT DECLARATION ONTHE RIGHT OF ASYLUM

The question of the right of asylum was dis-cussed at the time the Universal Declaration ofHuman Rights was being prepared. Article 14of this Declaration proclaims the right to seekand enjoy asylum from persecution except inthe case of prosecutions genuinely arising fromnon-political crimes or from acts contrary tothe purposes and principles of the United Na-tions. It was also discussed in connexion with

4 For a summary of the draft Declaration and anaccount of previous action taken on it, see Y.U.N.1950, pp. 597-98.

HUMAN RIGHTS

the draft Covenant on Civil and Political Rights,which does not, however, include any provisionson asylum. The question was briefly discussed,too, by the International Law Commission in1949 and 1950 in connexion with the selectionof topics for codification and preparation ofthe draft Declaration on the Rights and Dutiesof States. The Conventions relating to refugeesand stateless persons, which were adopted underthe auspices of the United Nations, also bearon the right of asylum.

In April 1957, at its thirteenth session, theCommission on Human Rights discussed thequestion of the right of asylum. France sub-mitted a draft declaration on the right of asylumstating inter alia, that: (1) responsibility forgranting asylum lay with the international com-munity as represented by the United Nations;(2) a person whose life or liberty was threat-ened was entitled to seek asylum; (3) Statesgranting asylum incurred no international re-sponsibility; and (4) asylum granted should berespected by other States. Amendments to thedraft Declaration were submitted by Israel.

The following were among the questionstouched on in the Commission's debate: Woulda declaration additional to the Universal De-claration be appropriate? Would a conventionbe preferable? Should the Commission recom-mend that the General Assembly include anarticle on the right of asylum in the draft Cove-nant on Civil and Political Rights?

The Commission took note of the draft De-claration and asked that it be communicatedfor comment to all the Members of the UnitedNations and of the specialized agencies, as wellas to the United Nations High Commissionerfor Refugees.

The Economic and Social Council, at itstwenty-fourth session, extended the time-limit forthe submission of comments, set by the Com-mission for 31 December 1957, to 31 Decem-ber 1958. It did so by resolution 651 F (XXIV),adopted on 24 July 1957 by 14 votes to 0, with3 abstentions.

YEARBOOK ON HUMAN RIGHTSIn April 1957, at its thirteenth session, the

Commission on Human Rights appointed acommittee to consider what measures should be

219taken to prevent the Yearbook on HumanRights from becoming too costly to produce,as well as too bulky and overlapping in contentwith the two following projects authorized bythe Economic and Social Council in 1956: thetriennial reporting system of human rights, andthe programme of studies of specific rights orgroups of rights.

The committee, composed of representativesof France, India, Israel, Mexico and the UnitedKingdom, met during the last three months of1957 and prepared its recommendations forsubmission to the Commission's fourteenth ses-sion in 1958.

COMMUNICATIONS ONHUMAN RIGHTS

In accordance with established procedure,the Secretary-General prepared, for the thir-teenth session of the Commission on HumanRights (1-26 April 1957), a non-confidentiallist of communications dealing with principlesinvolved in the promotion of universal respectfor and observance of human rights. He alsoprepared a confidential list containing referencesto 2,321 other communications about humanrights received during 1956, as well as observa-tions by Governments on a number of thesecommunications. At a closed meeting, the Com-mission decided, by 12 votes to 0, with 4 ab-stentions, to take note of the distribution ofthe lists.

Several members of the Commission, however,voiced dissatisfaction with the procedure fordealing with these communications. Varioussuggestions were advanced for reviewing theprocedure but none were pressed since theCommission felt that a more thorough discus-sion than was possible at its 1957 session wasrequired. It was, however, agreed that the pro-cedure could be studied further at the Commis-sion's fourteenth session.

Lists of communications concerning the statusof women and discrimination and minoritieswere submitted in 1957 to the eleventh sessionof the Commission on the Status of Womenand the ninth session of the Sub-Commissionon Prevention of Discrimination and Protectionof Minorities, respectively.



PRISONERS OF WARA/AC.46/21. Report of Ad Hoc Commission on

Prisoners of War, on work of its 7th session.

TRADE UNION RIGHTS

ECONOMIC AND SOCIAL COUNCIL——23RD SESSION

Plenary Meeting 955, 970.Social Committee, meeting 358.

E/2587/Add.3. Communication of 20 March 1954Irom World Federation of Trade Unions.

E/2951. Communication of 19 September 1956 fromInternational Confederation of Free Trade Unions.

E/2976. Communication of 19 April 1957 from Gov-ernment of Saudi Arabia.

E/2985. Report of Social Committee, containing draftresolution proposed orally by United States andadopted by Committee by 15 votes to 0, with 3abstentions.

RESOLUTION 648 (xxin), as recommended by SocialCommittee, E/2985, adopted by Council on 1 May1957, meeting 970, by 14 votes to 0, with 4abstentions.

"The Economic and Social Council"Takes note of the communication dated 19 April

1957 from the Government of Saudi Arabia in replyto the Secretary-General's notes verbales of 14 June1955 and 11 October 1956 regarding alleged violationsof trade-union rights in Saudi Arabia."

TENTH ANNIVERSARY OF UNIVERSALDECLARATION OF HUMAN RIGHTS


Plenary Meetings 989, 996.Social Committee, meetings 359-364.

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, 1-26 April 1957.

E/2970/Rev.l, Annex I. Draft resolution A asrecommended by Commission on Human Rights,and as amended in Committee, adopted by SocialCommittee by 17 votes to 0, with 1 abstention.

E/AC.7/L.285. United States amendment to draftresolution A.

E/3027 and Add.l, and Corr.1, 2. Report of SocialCommittee (draft resolution B).

E/L.761. USSR amendment to draft resolution B.REOLUTION 65lB(xxiv), as recommended by Social

Committee, E/3027, adopted by Council on 24 July1957, meeting 989, by 14 votes to 0, with 3 absten-tions.

"The Economic and Social Council,"Recalling its resolution 624 C (XXII) of 1 August

1956, in which it noted the resolution of the Commis-sion on Human Rights on plans for the widest possiblecelebration of the tenth anniversary of the UniversalDeclaration of Human Rights and invites the collabo-ration in that undertaking of the United Nations Edu-

cational, Scientific and Cultural Organization andother specialized agencies and non-governmental or-ganizations concerned,

"Recalling also General Assembly resolution 423 (V)of 4 December 1950 inviting all States to adopt 10December of each year as Human Rights Day andto celebrate on that day the proclamation of theUniversal Declaration of Human Rights by the Gen-eral Assembly on 10 December 1948, to exert increas-ing efforts in that field of human progress, and toreport annually through the Secretary-General con-cerning the observance of Human Rights Day,

"Recognizing the significance of the Universal De-claration of Human Rights in promoting an under-standing of human rights and fundamental freedoms,

"Deeply convinced that devotion to the lofty prin-ciples set forth in the Universal Declaration of HumanRights would be manifested in the best way by furtherconcrete steps with a view to the protection of humanrights and especially by completion of work on thedraft International Covenents on Human Rights, in-cluding the measures of implementation,

"1. Urges all States Members of the United Nationsor members of the specialized agencies to join in ob-serving the tenth anniversary of the Universal Decla-ration of Human Rights, which will fall on 10 Decem-ber 1958, making such use as they may consider ap-propriate of the plans annexed to the present resolu-tion, and invites them to include information on theobservance of this anniversary in the report whichthey submit regularly under General Assembly reso-lution 423 (V);

"2. Recommends all States Members of the UnitedNations or members of the specialized agencies to con-sider the desirability of setting up national committeesfor the purpose of carrying out the objects of the pres-ent resolution;

"3. Invites the specialized agencies to co-operate inthe observance of this anniversary, taking into accountthe plans annexed to the present resolution, with aview to strengthening support for their objectivesthrough wider understanding of the Universal Decla-ration of Human Rights and of the relation of theDeclaration to their programmes and activities;

"4. Invites non-governmental organizations in con-sultative status to promote the observance of this an-niversary in co-operation with their national and localaffiliates ;

"5. Expresses the hope that regional intergovern-mental organizations concerned will also join in theobservance;

"6. Requests the Secretary-General, in co-operationwith a committee consisting of representatives ofChile, France, Egypt, Pakistan, the Philippines andSweden, and in consultation with the Director-Generalof the United Nations Educational, Scientific and Cul-tural Organization and the executive heads of theother specialized agencies, to make the necessary ar-rangements to give effect to the recommendations ofthe Commission on Human Rights;

"7. Expresses the desire that the General Assembly

HUMAN RIGHTS 221

should take appropriate measures in order that thedecision contained in its resolution 1041 (XI) of 20February 1957, concerning the completion of the workon the draft International Covenants on Human Rights,including measures of implementation, may be carriedout by 10 December 1958, as the most fitting homageto the Universal Declaration of Human Rights;

"8. Appeals to all States Members of the UnitedNations to co-operate closely to this end."

ANNEX

Plans for the Celebration of the Tenth Anniversaryof the Adoption of the Universal Declaration of

Human Rights, Approved by the Commission onHuman Rights at Its Thirteenth Session

I. GENERAL

"The Commission judged that two main considera-tions should be borne in mind in planning the celebra-tion of the tenth anniversary of the adoption of theUniversal Declaration of Human Rights:

"(a) The celebration should demonstrate to theworld the great step which the adoption of theDeclaration on 10 December 1948 represents, and itsunique character as an international document. Itwould therefore be fitting that the celebration should,wherever possible, serve as a vivid illustration of thework accomplished by the United Nations in definingthe rights proclaimed and ensuring respect for them.At the same time, in order to stimulate greater effortsin the field of human rights, the celebration shouldemphasize the considerable amount of work whichyet remains to be done, in particular the importanceof the adoption and ratification of the draft covenantson civil and political rights and on economic, socialand cultural rights;

"(b) The celebration should also afford an op-portunity for making better known the rights andfreedoms set forth in the Declaration, for awakeningrenewed interest in, and greater understanding of,these rights and freedoms, and thus encouragingincreasing respect for them."II. RECOMMENDATIONS

"The recommendations submitted by the Commis-sion are as follows:A. Distribution of the text of the Universal Declara-

tion of Human Rights"The Commission considers that the Universal

Declaration of Human Rights should be widely dis-seminated, studied and discussed. To this end theCommission recommends that the Secretary-General,with the co-operation of Governments, non-govern-mental organizations, schools, and local authorities,initiate a new world-wide distribution of the text ofthe Declaration in 1958 in as many languages aspossible and presented in an attractive manner. TheCommission hopes that a copy of the Declarationmay be made available to the greatest possible numberof people in a language they can understand."B. Publications on human rights

"The Commission considers that as many publica-tions on human rights as possible should be issuedduring 1958. These should include books, pamphlets,periodicals and special articles. The co-operation of

writers, publishers and non-governmental organiza-tions will be most welcome in this respect.

"The Commission recommends that all specializedagencies should be invited to introduce, in their publicinformation activities in 1957 and 1958, the themeof human rights, particularly when this is appropriateto the work of the agency.

"The Commission considers it important that thework of the United Nations in the field of humanrights should be given publicity in 1958. It recom-mends that the Secretary-General should prepare acommentary on the Universal Declaration of HumanRights, giving its legislative history. Popular essaysbased on this commentary, and explaining the Decla-ration to the general public, would also be desirable.The Commission recommends that the Secretary-General issue a new pamphlet on the impact of theDeclaration. The work of the Commission on HumanRights and its Sub-commission, and the work of theCommission on the Status of Women, should also beincluded in publications issued."C. Conferences of non-governmental organizations on

human rights"The Commission recommends that non-governmen-

tal organizations emphasize human rights at theirannual conferences in 1958.

"The Commission suggests also that non-govern-mental organizations, individually or in groups, shoulddraw up and adopt resolutions reaffirming their sup-port for the Universal Declaration of Human Rights."D. Other conferences and meetings on human rights

"The Commission recommends that Governmentsencourage national organizations and institutions tohold national, and, whenever possible, regional, con-ferences and other meetings on human rights in 1958.The organization of these conferences should be leftto the initiative of leading civic or social organizations,but the Commission believes that the conferencesshould be on a large scale and the representativesdrawn from as many different walks of life as possible.

"The Commission also recommends that as manysocieties and other local groups as possible should holdmeetings and discussions on human rights during theyear."E. Studies of human rights subjects

"The Commission recommends that schools anduniversities, wherever possible, should incorporatespecial studies on human rights in their curriculafor 1958.

"The Commission suggests that in the schools, themeaning of the Articles of the Universal Declarationof Human Rights might be taught against the back-ground of the national history of the country con-cerned and of the country's own efforts in promotingthe rights and freedoms which the Declaration pro-claims.

"The Committee suggests that universities in variousparts of the world should hold seminars on humanrights, or meetings timed to coincide with the tenthanniversary of the adoption of the Universal Declara-tion of Human Rights."F. Honours and awards

"The Commission suggests that Governments, uni-


versities and other institutions might offer specialhonours or awards in 1958 to persons who havedistinguished themselves by their work of studies onhuman rights."G. Art competitions

"The Commission submits the following suggestions :"1. That national competitions in literature, music

and the plastic arts might be held. Artists, inwhatever forms of art may be most representative ofthe particular national genius, might well be attractedby the idea of producing a work on the theme ofhuman rights and submitting it to a jury;

"2. That an international competition in children'sart might be arranged by the Secretary-General, inco-operation with the Director General of the UnitedNations Educational, Scientific and Cultural Organiza-tion. Children of all countries might be asked tomake drawings and paintings illustrating one or moreof the rights in the Declaration, which they themselveswould choose. Their contributions would first bejudged by a national committee. The contributionsthen submitted should be limited in number and ofidentical size. The number of awards to be madewill have to be decided, but they would be offeredby an international jury and the drawings and paint-ings selected would be exhibited at the UnitedNations ;

"3. That similar national competitions might beheld in which children would write essays or shortstories with human rights as their theme."H. Radio, television and film programmes

"The Commission recommends that the Secretary-General, in co-operation with the Director-Generalof the United Nations Educational, Scientific andCultural Organization, promote national and inter-national radio, television and film programmes inhonour of the tenth anniversary, and that he explorethe possibility of arranging an international radiolink-up in which outstanding personalities, who havebeen concerned with human rights at the national orinternational level, would participate.

"The Commission suggests that the possibility beexplored for special awards being made for films con-nected with human rights at the international filmfestivals. Similarly, a special television award mightbe offered for a Human Rights Day programmein 1958."I. Human rights stamps

"The Commission recommends that every Govern-ment issue national human rights stamps, first-daycovers, or special cancellations on 10 December 1958.

"The Commission also recommends that UnitedNations human rights stamps, first-day covers, andspecial cancellations honouring the tenth anniversary,should be issued."

. Greeting cards of the United Nations Children'sFund

"The Commission suggests that UNICEF greetingcards might illustrate human rights in 1958. Itnotes that UNICEF has agreed to a request that itstudy the possibility of using one or more of thechildren's drawings or paintings which win the inter-national competition (see G (2) above) on the greet-ing cards which will be issued in 1959 or 1960."

K. Observances of Human Rights Day 1958"The Commission considers it important that the

widest possible national and international observancesof Human Rights Day in 1958 should be held.

"The Commission recommends that all Govern-ments should make arrangements to hold celebrationson 10 December 1958 in their capitals and principalcities.

"The Commission suggests that parliaments ofMember States might hold solemn sessions on 10December 1958 to celebrate the anniversary of theadoption of the Universal Declaration of HumanRights.

"The Commission suggests also that Heads of Stateor of Governments might, on that day, address specialmessages to the nation, calling, where appropriate,on government agencies and services, and public andprivate organizations and enterprises, to make newefforts to achieve fuller enjoyment of the rights andfreedoms recognized in the Universal Declaration ofHuman Rights.

"The Commission recommends that the Secretary-General organize an appropriate ceremony at UnitedNations Headquarters on 10 December 1958. As theGeneral Assembly will be in session on that date, aspecial plenary meeting might be held at which theGeneral Assembly would reaffirm its faith in, andpledge its renewed support for, the Universal Declara-tion of Human Rights in a resolution.

"The Commission recommends also that the Secre-tary-General organize appropriate observances at theEuropean and other Offices of the United Nations.

"The Commission recommends further that theexecutive heads of the specialized agencies be askedto organize observances of 10 December 1958 attheir respective headquarters. The Commission notesthat the eleventh General Conference of the UnitedNations Educational, Scientific and Cultural Organiza-tion will probably be in session on 10 December 1958;arrangements for special sessions of that body mightalso be made."

E/L.773. Membership of committee on tenth an-niversary of Universal Declaration of HumanRights. Note by Secretary-General.

Council Committee on Tenth Anniversary of Uni-versal Declaration of Human Rights, meetings 1, 2.

E/AC.44/1. Observance of tenth anniversary of Uni-versal Declaration of Human Rights. Report bySecretary-General.

E/AC.44/2. Action taken by Conference of Con-sultative Non-Governmental Organizations on tenthanniversary of Universal Declaration of HumanRights. Note by Secretary-General.

1958 MEETING PLACE FORCOMMISSION ON HUMAN RIGHTS

ECONOMIC AND SOCIAL COUNCIL—24TH SESSIONPlenary Meeting 989, 996.Social Committee, meetings 359-364.Interim Committee on Programme of Conferences,

meeting 39.

HUMAN RIGHTS 223E/2970/Rev.l. Report of 13th session of Commission

on Human Rights, 1-26 April 1957 (resolution VII).E/3027 and Corr.2 and Add.l. Report of Social Com-

mittee (draft resolution H).E/3040, paragraph 5. Calendar of Conferences for

1958. Report of Secretary-General.RESOLUTION 651 H (XXIV), as recommended by Social

Committee, E/3027, adopted by Council on 2August 1957, meeting 996, by 8 votes to 6, with 4abstentions.

"The Economic and Social Council,"Noting the resolution contained in the report of

the Commission on Human Rights (thirteenth ses-sion),

"Decides that the fourteenth session of the Com-mission on Human Rights shall be held at Paris tocommemorate the tenth anniversary of the adoptionof the Universal Declaration of Human Rights inthat city on 10 December 1948."


Fifth Committee, meeting 636.

A/C.5/710 and Corr.1. Budget estimates for financialyear 1958. Report by Secretary-General.

A/3679. Budget estimates for financial year 1958.Sixth report of Advisory Committee on Adminis-trative and Budgetary Questions to 12th Assembly

DRAFT DECLARATION ONRIGHTS OF THE CHILD

ECONOMIC AND SOCIAL COUNCIL——24TH SESSIONPlenary Meeting 989.Social Committee, meetings 359-364.

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, 1-26 April 1957.

E/2970/Rev.l. paragraph 116. Resolution II adoptedby Commission on Human Rights.

E/AC.7/L.287 and Rev.l. Indonesia amendments andrevised amendments to draft resolution II recom-mended by Commission.

E/AC.7/L.289. Indonesia draft resolution, asamended, adopted by Social Committee by 10votes to 0, with 7 abstentions.

E/3027 and Add.l, and Corr.1, 2. Report of SocialCommittee (draft resolution E).

RESOLUTION 651 E (xxiv), as recommended by SocialCommittee, E/3027, adopted by Council on 24 July1957, meeting 989, by 13 votes to 0, with 4abstentions.

"The Economic and Social Council,"Having noted the resolution on the draft Declara-

tion on the Rights of the Child, adopted by theCommission on Human Rights at its thirteenth session,

"Noting the Commission's request for commentsfrom Governments on the draft Declaration, onvarious observations and statements presented to theCommission and on records of discussions held at theeleventh session of the Council, and its request to the

Secretary-General to circulate those comments to themembers of the Commission by 31 December 1957,

"1. Considers that the purposes of the Commissionwould be fully served if Governments were givenmore time to prepare their comments;

"2. Resolves that the comments of Governmentson the draft Declaration, the observations, statements,and records of discussions, referred to in the above-mentioned resolution may be transmitted until 1December 1958 in order that the Secretary-Generalmay circulate them to the members of the Commis-sion by 31 December 1958 for consideration by theCommission at its next session thereafter."

DRAFT DECLARATION ONTHE RIGHT OF ASYLUM



E/2970/Rev.l. Report of 13th session. Commissionon Human Rights, 1-26 April 1957.

E/2970/Rev.l, Paragraph 214. Resolution X adoptedby Commission on Human Rights.

E/AC.7/L.287 and Rev.l. Indonesia amendments andrevised amendments to resolution X, recommendedby Commission.

E/AC.7/L.290. Indonesia draft resolution adoptedby Social Committee by 13 votes to 0, with 4abstentions.

E/3027 and Add.l, and Corr.2. Report of SocialCommittee (draft resolution F).

RESOLUTION 651 F (xxiv), as recommended by SocialCommittee, E/3027, adopted by Council on 24July 1957, meeting 989, by 14 votes to 0, with 3abstentions.

"The Economic and Social Council,"Having noted the resolution on the right of asylum

adopted by the Commission on Human Rights at itsthirteenth session,

"Noting the Commission's request to the Secretary-General to communicate the preliminary draft Decla-ration on the Right of Asylum submitted by France,the proposed amendments thereto, the memoranda bythe Secretary-General, and the summary records ofthe Commission's discussions, to the Governmentsof States Members of the United Nations or membersof the specialized agencies and to the United NationsHigh Commissioner for Refugees, with the request thatthey send him their comments thereon by 31 Decem-ber 1957,

"1. Considers that the purpose of the Commissionwould be fully served if Governments were givenmore time to prepare their comments;

"2. Resolves that the governmental comments andthose of the United Nations High Commissioner forRefugees referred to above may be transmitted tothe Secretary-General until 31 December 1958 witha view to their consideration by the Human RightsCommission at its next session thereafter."

E/3613. Report of Economic and Social Council toGeneral Assembly. Chapter VII, section VII.


YEARBOOK ON HUMAN RIGHTS

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, paragraph 223, Resolution XI.

E/CN.4/756. Report of Committee on Yearbook onHuman Rights.

Yearbook on Human Rights for 1954. U.N.P. SalesNo. 1957.XIV.1.

COMMUNICATIONS ON HUMAN RIGHTS

E/2970/Rev.l. Report of 13th session of Commissionon Human Rights, paragraphs 230-234, and An-nex II.

E/CN.4/CR.26 and Corr.1. Non-confidential list ofcommunications dealing with principles involvedin promotion of universal respect for and observanceof human rights.

OTHER DOCUMENTS

FORCED LABOUR

A/3621. Resolution adopted by International LabourConference concerning abolition of concentrationcamps and deportation of national minorities. Noteby Secretary-General.

E/3049. Note by Secretary-General drawing atten-tion to document A/3621.

CHAPTER X

THE STATUS OF WOMEN

The main topics discussed at the eleventh ses-sion of the Commission on the Status ofWomen, held at United Nations Headquartersfrom 18 March 1957 to 5 April 1957, were:political rights of women, access of women toeducation, equal pay for equal work, economicopportunities for women, nationality of marriedwomen, status of women in private law, taxlegislation affecting married women workers,advisory services in human rights, and partici-pation of women in the work of the UnitedNations and the specialized agencies.

The Commission's report was considered bythe Economic and Social Council at its twenty-fourth session, in mid-1957.

At its twelfth session, on 26 November, theGeneral Assembly noted the Commission's workwith appreciation, invited it to pursue its effortsfor improving the status of women throughoutthe world, and voiced the hope that seminarson the status of women would be held as oftenas possible in future under the programme ofadvisory services in human rights.

POLITICAL RIGHTS OF WOMENThe Commission had before it the Secretary-

General's annual memorandum of 1956 for theGeneral Assembly (A/3145 and Add.l) on thefranchise of women and the number of coun-tries which had signed, ratified or acceded tothe Convention on the Political Rights ofWomen. The memorandum included informa-

tion on reservations and objections to the re-servations to the Convention as well as tablesshowing the extent to which women in variouscountries have the right to be elected to legisla-tive bodies. The Commission also had before itreports by the Secretary-General on the statusof women in Trust Territories and Non-Self-Governing Territories.

The Commission reviewed the progress madethe past year towards wider recognition of thepolitical rights of women. It noted that, whilethere were now only 12 countries where womenhad no political rights, there still remainedmany other areas where there rights were notfully recognized. Widespread acceptance of theConvention on the Political Rights of Womenwas considered to be of great importance. Theneed for assistance from non-governmental or-ganizations in campaigning for acceptance ofthe Convention was also stressed. By the end of1957 the Convention had been signed by 41countries and had been ratified or acceded toby 28 countries. During the year, Haiti signedthe Convention, France and the Philippinesratified it, and Canada and Nicaragua accededto it.

Discussion in the Commission dealt, too, withthe need for Governments to recognize the po-litical rights of women and to adhere to theConvention on the Political Rights of Women,and also with the need for a study of these rightsin Trust and Non-Self-Governing Territories.

[ 1957 ] part 1 sec 2 chapter 9 human rights -...

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