E/2005/23 (Part I)
E/CN.4/2005/134 (Part I)
Commission on Human Rights
Report on the sixtyfirst session
(14 March22 April 2005)
Draft resolution and draft decisions recommended for adoption by the
Economic and Social Council, and the resolutions and decisions adopted by
the Commission at its sixtyfirst session*
(For use by members of the Economic and Social Council during its
2005 substantive session)
* The draft resolution and draft decisions recommended for adoption by the Economic and Social Council,
and the resolutions and decisions adopted by the Commission at its sixtyfirst session will subsequently be
published as part ofthe complete report of the Commission, as the Official Records of the Economic and
Social Council, 2005, Supplement No. 3.
CONTENTS
Chapter Page
I. Draft resolution and draft decisions recommended for adoption
by the Economic and Social Council 1
A. Draft resolution
Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International
Humanitarian Law 1
B. Draft decisions
1. Use of mercenaries as a means of violating human
rights and impeding the exercise of the right of
peoples to selfdetermination 1
2. The right to development 2
3. Situation of human rights in Myanmar 2
4. Situation of human rights in the Democratic People’s
Republic of Korea 3
5. Situation of human rights in Belarus 3
6. Effects of economic reform policies and foreign debt on
the full enjoyment of all human rights 3
7. The right of everyone to the enjoyment of the highest
attainable standard of physical and mental health 4
8. Enforced or involuntary disappearances 4
9. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers 4
10. The right to freedom of opinion and expression 5
11. Torture and other cruel, inhuman or degrading treatment
or punishment 5
12. Elimination of violence against women 5
GE.0514744 (E) 140705
CONTENTS (continued)
Chapter Page
13. Human rights of migrants 5
14. Working Group on Indigenous Populations of the
SubCommission on the Promotion and Protection
of Human Rights 6
15. Working Group of the Commission on Human Rights
to elaborate a draft declaration in accordance with
paragraph 5 of GeneralAssembly resolution 49/214
of 23 December 1994 6
16. Human rights and indigenous issues 6
17. Human rights and international solidarity 6
18. World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance and the comprehensive
implementation of and followup to the Durban Declaration
and Programme of Action 7
19. Human rights and transnational corporations and other
business enterprises 7
20. Composition of the staff of the Office of the
UnitedNations HighCommissioner for Human Rights 8
21. Advisory services and technical assistance for Burundi 9
22. Assistance to Sierra Leone in the field of human rights 9
23. Technical cooperation and advisory services in Nepal 9
24. Rights of persons belonging to national or ethnic,
religious and linguistic minorities 9
25. Protection of human rights and fundamental freedoms
while countering terrorism 10
26. Situation of human rights in the Sudan 11
27. Assistance to Somalia in the field of human rights 11
CONTENTS (continued)
Chapter Page
28. Technical cooperation and advisory services
in the Democratic Republic of the Congo 11
29. Corruption and its impact on the full enjoyment of
human rights, in particular economic, social and
cultural rights 12
30. Study on nondiscrimination as enshrined in article 2,
paragraph 2, of the International Covenant on Economic,
Social and Cultural Rights 12
31. Promotion of the realization of the right to drinking water
and sanitation 13
32. Terrorism and human rights 13
33. The difficulty of establishing guilt and/or responsibility
with regard to crimes of sexual violence 13
34. Discrimination based on work and descent 14
35. Final report on the study on indigenous peoples’
permanent sovereignty over natural resources 14
36. Human rights and human responsibilities 15
37. Enhancing and strengthening the effectiveness of the
special procedures of the Commission on Human Rights 15
38. Dates of the sixtysecond session of the Commission
on Human Rights 15
39. Organization of work of the sixtysecond session of
the Commission on Human Rights 16
40. Proposed reform of the SecretaryGeneral in the area
of human rights 16
41. Technical cooperation in the field of human rights
in Afghanistan 16
42. Situation of human rights in Haiti 17
CONTENTS (continued)
Chapter Page
II. Resolutions and decisions adopted by the Commission
at its sixtyfirst session 18
A. Resolutions
2005/1. Situation in occupied Palestine 18
2005/2. The use of mercenaries as a means of violating
human rights and impeding the exercise of the
right of peoples to selfdetermination 19
2005/3. Combating defamation of religions 23
2005/4. The right to development 26
2005/5. Inadmissibility of certain practices that contribute
to fuelling contemporary forms of racism, racial
discrimination, xenophobia and related intolerance 28
2005/6. Israeli settlements in the Occupied Palestinian
Territory including East Jerusalem, and the
occupied Syrian Golan 30
2005/7. Israeli practices affecting the human rights of the
Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem 33
2005/8. Human rights in the occupied Syrian Golan 36
2005/9. Cooperation with representatives of
UnitedNations human rights bodies 38
2005/10. Situation of human rights in Myanmar 39
2005/11. Situation of human rights in the Democratic
People’s Republic of Korea 45
2005/12. Situation of human rights in Cuba 50
2005/13. Situation of human rights in Belarus 50
2005/14. Human rights and unilateral coercive measures 54
2005/15. Adverse effects of the illicit movement and
dumping of toxic and dangerous products and
wastes on the enjoyment of human rights 56
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2005/16. Human rights and extreme poverty 60
2005/17. Globalization and its impact on the full enjoyment
of all human rights 65
2005/18. The right to food 69
2005/19. Effects of economic reform policies and foreign
debt on the full enjoyment of all human rights 72
2005/20. Promotion of the enjoyment of the cultural rights
of everyone and respect for different cultural
identities 78
2005/21. The right to education 81
2005/22. Question of the realization in all countries of
economic, social and cultural rights 86
2005/23. Access to medication in the context of pandemics
such as HIV/AIDS, tuberculosis and malaria 91
2005/24. The right of everyone to the enjoyment of the
highest attainable standard of physical and
mental health 97
2005/25. Women’s equal ownership, access to and control
over land and the equal rights to own property and
to adequate housing 103
2005/26. Human rights and forensic science 108
2005/27. Enforced or involuntary disappearances 110
2005/28. Arbitrary detention 114
2005/29. Strengthening of popular participation, equity,
social justice and nondiscrimination as essential
foundations of democracy 117
2005/30. Integrity of the judicial system 121
2005/31. Hostagetaking 123
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2005/32. Democracy and the rule of law 124
2005/33. Independence and impartiality of the judiciary, jurors
and assessors and the independence of lawyers 129
2005/34. Extrajudicial, summary or arbitrary executions 131
2005/35. Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and
Serious Violations of International Humanitarian
Law 135
2005/36. The incompatibility between democracy
and racism 142
2005/37. Promoting the rights to peaceful assembly
and association 145
2005/38. The right to freedom of opinion and expression 146
2005/39. Torture and other cruel, inhuman or degrading
treatment or punishment 151
2005/40. Elimination of all forms of intolerance and of
discrimination based on religion and belief 156
2005/41. Elimination of violence against women 161
2005/42. Integrating the human rights of women throughout
the UnitedNations system 168
2005/43. Abduction of children in Africa 173
2005/44. Rights of the child 176
2005/45. Human rights and arbitrary deprivation of
nationality 187
2005/46. Internally displaced persons 189
2005/47. Human rights of migrants 194
2005/48. Human rights and mass exoduses 200
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2005/49. Working Group on Indigenous Populations of the
SubCommission on the Promotion and Protection
of Human Rights 205
2005/50. Working Group of the Commission on Human Rights
to elaborate a draft declaration in accordance with
paragraph 5 of GeneralAssembly resolution 49/214
of 23 December 1994 209
2005/51. Human rights and indigenous issues 211
2005/52. Protection of indigenous peoples in
times of conflict 215
2005/53. The work of the SubCommission on the
Promotion and Protection of Human Rights 216
2005/54. Enhancement of international cooperation in the
field of human rights 220
2005/55. Human rights and international solidarity 222
2005/56. Promotion of peace as a vital requirement for the
full enjoyment of all human rights by all 225
2005/57. Promotion of a democratic and equitable
international order 228
2005/58. Development of public information activities in the
field of human rights, including the World Public
Information Campaign on Human Rights 233
2005/59. The question of the death penalty 236
2005/60. Human rights and the environment as part of
sustainable development 239
2005/61. World Programme for Human Rights Education 242
2005/62. Convention on the Prevention and Punishment
of the Crime of Genocide 243
2005/63. Protection of the human rights of civilians in
armed conflicts 246
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2005/64. World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance
and the comprehensive implementation of and
followup to the Durban Declaration and
Programme of Action 247
2005/65. Human rights of persons with disabilities 254
2005/66. Right to the truth 257
2005/67. Human rights defenders 260
2005/68. The role of good governance in the promotion
and protection of human rights 263
2005/69. Human rights and transnational corporations
and other business enterprises 266
2005/70. Human rights and transitional justice 267
2005/71. Regional cooperation for the promotion and
protection of human rights in the Asian
and Pacific region 269
2005/72. Composition of the staff of the Office of the
UnitedNations High Commissioner for
Human Rights 271
2005/73. Regional arrangements for the promotion and
protection of human rights 279
2005/74. National institutions for the promotion and
protection of human rights 282
2005/75. Advisory services and technical assistance
for Burundi 287
2005/76. Assistance to Sierra Leone in the field of
human rights 290
2005/77. Technical cooperation and advisory services
in Cambodia 293
CONTENTS (continued)
Chapter Page
II. A. Resolutions (continued)
2005/78. Technical cooperation and advisory services
in Nepal 295
2005/79. Rights of persons belonging to national or ethnic,
religious and linguistic minorities 300
2005/80. Protection of human rights and fundamental
freedoms while countering terrorism 303
2005/81. Impunity 307
2005/82. Situation of human rights in the Sudan 312
2005/83. Assistance to Somalia in the field of human rights 317
2005/84. The protection of human rights in the context of
human immunodeficiency virus (HIV) and acquired
immunodeficiency syndrome (AIDS) 323
2005/85. Technical cooperation and advisory services in the
Democratic Republic of the Congo 327
B. Decisions
2005/101. Organization of work 333
2005/102. Postponement of consideration of draft resolution
E/CN.4/2005/L.3 337
2005/103. Question of human rights in Cyprus 337
2005/104. Corruption and its impact on the full enjoyment of
human rights, in particular economic, social and
cultural rights 338
2005/105. Study on nondiscrimination as enshrined in
article 2, paragraph 2, of the International Covenant
on Economic, Social and Cultural Rights 338
2005/106. Promotion of the realization of the right
to drinking water and sanitation 338
2005/107. Terrorism and human rights 339
CONTENTS (continued)
Chapter Page
II. B. Decisions (continued)
2005/108. The difficulty of establishing guilt and/or
responsibility with regard to crimes of
sexual violence 339
2005/109. Discrimination based on work and descent 340
2005/110. Final report on the study on indigenous peoples’
permanent sovereignty over natural resources 340
2005/111. Human rights and human responsibilities 341
2005/112. The legal implications of disappearance of States
and other territories for environmental reasons,
including the implications for the human rights
of their residents, with particular reference
to the rights of indigenous peoples 341
2005/113. Enhancing and strengthening the effectiveness
of the special procedures of the Commission
on Human Rights 342
2005/114. Dates of the sixtysecond session of the
Commission on Human Rights 342
2005/115. Organization of work of the sixtysecond session
of the Commission on Human Rights 343
2005/116. Proposed reform of the SecretaryGeneral in the
area of human rights 343
2005/117. Situation of human rights in Liberia 344
2005/118. Technical cooperation and advisory services in the
field of human rights in Chad 344
xi
I. Draft resolution and draft decisions recommendedfor adoption by the Economic and Social Council
A. Draft resolution
Basic Principles and Guidelines on the Right to a Remedy and Reparationfor Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
The Economic and Social Council,
Taking note of Commission on Human Rights resolution 2005/35 of19April2005, in which the Commission adopted the text of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations ofInternational Human Rights Law and Serious Violations of International HumanitarianLaw,
1. Expresses its appreciation to the Commission for the adoption of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims ofGross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law;
2. Adopts the Basic Principles and Guidelines as contained in the annex to Commission resolution 2005/35;
3. Recommends to the General Assembly that it adopt the Basic Principles and Guidelines.
[See chap. II, sect. A, resolution 2005/35,
and chap. XI.]
B. Draft decisions
1. The use of mercenaries as a means of violating human rights andimpeding the exercise of the right of peoples to self-determination
The Economic and Social Council, taking note of Commission on Human Rights resolution2005/2 of 7 April 2005, endorses the Commission’s decision to establish a working group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination, to be composed of five independent experts, one from each regional group, to meet intersessionally for a period of three years, with the following mandate: