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A/RES/55/139
Resolution adopted by the General Assembly [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/55/576)] 55/139. Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations The General Assembly, Having considered the item entitled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”, Having also considered the report of the Secretary-General on the item,1 Having examined the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the item,2 Recalling its resolutions 1514 (XV) of 14 December 1960 and 1541 (XV) of 15 December 1960 and the resolutions of the Special Committee, as well as other relevant resolutions and decisions, including in particular Economic and Social Council resolution 1999/52 of 29 July 1999, Bearing in mind the relevant provisions of the final documents of the successive Conferences of Heads of State or Government of Non-Aligned Countries and of the resolutions adopted by the Assembly of Heads of State and Government of the Organization of African Unity, the South Pacific Forum and the Caribbean Community, Conscious of the need to facilitate the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in resolution 1514 (XV), Noting that the large majority of the remaining Non-Self-Governing Territories are small island Territories, 1 A/55/72 and Corr.1. 2 A/55/23 (Part II), chap. VII. For the final text, see Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 23 . A/RES/55/139 2 Welcoming the assistance extended to Non-Self-Governing Territories by certain specialized agencies and other organizations of the United Nations system, in particular the United Nations Development Programme, Also welcoming the current participation in the capacity of observer of those Non-Self-Governing Territories that are associate members of regional commissions in the world conferences in the economic and social sphere, subject to the rules of procedure of the General Assembly and in accordance with relevant United Nations resolutions and decisions, including resolutions and decisions of the Assembly and the Special Committee on specific Territories, and in the special session of the General Assembly on the overall review and appraisal of the implementation of the Programme of Action of the International Conference on Population and Development, held at Headquarters from 30 June to 2 July 1999, Noting that only some specialized agencies and other organizations of the United Nations system have been involved in providing assistance to Non-Self- Governing Territories, Stressing that, because the development options of the small island Non-Self- Governing Territories are limited, there are special challenges to planning for and implementing sustainable development and that those Territories will be constrained in meeting the challenges without the continued cooperation and assistance of the specialized agencies and other organizations of the United Nations system, Stressing also the importance of securing the necessary resources for funding expanded assistance programmes for the peoples concerned and the need to enlist the support of all major funding institutions within the United Nations system in that regard, Reaffirming the mandates of the specialized agencies and other organizations of the United Nations system to take all appropriate measures, within their respective spheres of competence, to ensure the full implementation of General Assembly resolution 1514 (XV) and other relevant resolutions, Expressing its appreciation to the Organization of African Unity, the South Pacific Forum, the Caribbean Community and other regional organizations for the continued cooperation and assistance they have extended to the specialized agencies and other organizations of the United Nations system in this regard, Expressing its conviction that closer contacts and consultations between and among the specialized agencies and other organizations of the United Nations system and regional organizations help to facilitate the effective formulation of assistance programmes to the peoples concerned, Mindful of the imperative need to keep under continuous review the activities of the specialized agencies and other organizations of the United Nations system in the implementation of the various United Nations decisions relating to decolonization, Bearing in mind the extremely fragile economies of the small island Non-Self- Governing Territories and their vulnerability to natural disasters, such as hurricanes, cyclones and sea-level rise, and recalling its relevant resolutions, Recalling its resolution 54/85 of 6 December 1999 on the implementation of the Declaration by the specialized agencies and the international institutions associated with the United Nations, A/RES/55/139 3 1. Takes note of the report of the Secretary-General;1 2. Recommends that all States intensify their efforts in the specialized agencies and other organizations of the United Nations system to ensure the full and effective implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), and other relevant resolutions of the United Nations; 3. Reaffirms that the specialized agencies and other organizations and institutions of the United Nations system should continue to be guided by the relevant resolutions of the United Nations in their efforts to contribute to the implementation of the Declaration and all other relevant General Assembly resolutions; 4. Reaffirms also that the recognition by the General Assembly, the Security Council and other United Nations organs of the legitimacy of the aspirations of the peoples of the Non-Self-Governing Territories to exercise their right to self- determination entails, as a corollary, the extension of all appropriate assistance to those peoples; 5. Expresses its appreciation to those specialized agencies and other organizations of the United Nations system that have continued to cooperate with the United Nations and the regional and subregional organizations in the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations, and requests all the specialized agencies and other organizations of the United Nations system to implement the relevant provisions of those resolutions; 6. Requests the specialized agencies and other organizations of the United Nations system and international and regional organizations to examine and review conditions in each Territory so as to take appropriate measures to accelerate progress in the economic and social sectors of the Territories; 7. Urges those specialized agencies and organizations of the United Nations system that have not yet provided assistance to Non-Self-Governing Territories to do so as soon as possible; 8. Requests the specialized agencies and other organizations and institutions of the United Nations system and regional organizations to strengthen existing measures of support and formulate appropriate programmes of assistance to the remaining Non-Self-Governing Territories, within the framework of their respective mandates, in order to accelerate progress in the economic and social sectors of those Territories; 9. Requests the specialized agencies and other organizations of the United Nations system concerned to provide information on: (a) Environmental problems facing the Non-Self-Governing Territories; (b) The impact of natural disasters, such as hurricanes and volcanic eruptions, and other environmental problems, such as beach and coastal erosion and droughts, on those Territories; (c) Ways and means to assist the Territories to fight drug trafficking, money-laundering and other illegal and criminal activities; A/RES/55/139 4 (d) The illegal exploitation of the marine resources of the Territories and the need to utilize those resources for the benefit of the peoples of the Territories; 10. Recommends that the executive heads of the specialized agencies and other organizations of the United Nations system formulate, with the active cooperation of the regional organizations concerned, concrete proposals for the full implementation of the relevant resolutions of the United Nations and submit the proposals to their governing and legislative organs; 11. Also recommends that the specialized agencies and other organizations of the United Nations system continue to review at the regular meetings of their governing bodies the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations; 12. Welcomes the continuing initiative exercised by the United Nations Development Programme in maintaining close liaison among the specialized agencies and other organizations of the United Nations system and in providing assistance to the peoples of the Non-Self-Governing Territories; 13. Encourages Non-Self-Governing Territories to take steps to establish and/or strengthen disaster preparedness and management institutions and policies; 14. Requests the administering Powers concerned to facilitate, when appropriate, the participation of appointed and elected representatives of Non-Self- Governing Territories in the relevant meetings and conferences of the specialized agencies and other organizations of the United Nations system, in accordance with relevant United Nations resolutions and decisions, including resolutions and decisions of the General Assembly and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples on specific Territories, so that the Territories may benefit from the related activities of those agencies and organizations; 15. Recommends that all Governments intensify their efforts in the specialized agencies and other organizations of the United Nations system of which they are members to accord priority to the question of providing assistance to the peoples of the Non-Self-Governing Territories; 16. Requests the Secretary-General to continue to assist the specialized agencies and other organizations of the United Nations system in working out appropriate measures for implementing the relevant resolutions of the United Nations and to prepare for submission to the relevant bodies, with the assistance of those agencies and organizations, a report on the action taken in implementation of the relevant resolutions, including the present resolution, since the circulation of his previous report; 17. Commends the Economic and Social Council for its debate and resolution on this question, and requests it to continue to consider, in consultation with the Special Committee, appropriate measures for coordination of the policies and activities of the specialized agencies and other organizations of the United Nations system in implementing the relevant resolutions of the General Assembly; 18. Requests the specialized agencies to report periodically to the Secretary- General on the implementation of the present resolution; 19. Requests the Secretary-General to transmit the present resolution to the governing bodies of the appropriate specialized agencies and international A/RES/55/139 5 institutions associated with the United Nations so that those bodies may take the necessary measures to implement it, and also requests the Secretary-General to report to the General Assembly at its fifty-sixth session on the implementation of the present resolution; 20. Requests the Special Committee to continue to examine the question and to report thereon to the General Assembly at its fifty-sixth session.
AFGHANISTAN
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A/RES/55/180B
Resolution adopted by the General Assembly [on the report of the Fifth Committee (A/55/681/Add.1)] 55/180. Financing of the United Nations Interim Force in Lebanon B1 The General Assembly, Having considered the reports of the Secretary-General on the financing of the United Nations Interim Force in Lebanon2 and the related reports of the Advisory Committee on Administrative and Budgetary Questions,3 Bearing in mind Security Council resolution 425 (1978) of 19 March 1978, by which the Council established the United Nations Interim Force in Lebanon, and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was resolution 1337 (2001) of 30 January 2001, Recalling its resolutions S-8/2 of 21 April 1978 on the financing of the Force and its subsequent resolutions thereon, the latest of which was resolution 55/180 A of 19 December 2000, Reaffirming its resolutions 51/233 of 13 June 1997, 52/237 of 26 June 1998, 53/227 of 8 June 1999, 54/267 of 15 June 2000 and 55/180 A, Reaffirming also the general principles underlying the financing of United Nations peacekeeping operations, as stated in General Assembly resolutions 1874 (S-IV) of 27 June 1963, 3101 (XXVIII) of 11 December 1973 and 55/235 of 23 December 2000, Noting with appreciation that voluntary contributions have been made to the Force, Mindful of the fact that it is essential to provide the Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council, Concerned that the Secretary-General continues to face difficulties in meeting the obligations of the Force on a current basis, including reimbursement to current and former troop-contributing States, 1 Consequently, resolution 55/180, in section VI of the Official Records of the General Assembly, Fifty- fifth Session, Supplement No. 49 (A/55/49), vol. I, becomes resolution 55/180 A. 2 A/55/482/Add.1 and A/55/757. 3 A/55/874 and A/55/885. See also Official Records of the General Assembly, Fifty-fifth Session, Fifth Committee, 48th meeting (A/C.5/55/SR.48), and corrigendum. A/RES/55/180 B 2 Concerned also that the surplus balances in the Special Account for the United Nations Interim Force in Lebanon have been used to meet expenses of the Force in order to compensate for the lack of income resulting from non-payment and late payment by Member States of their contributions, 1. Reaffirms its resolution 49/233 A of 23 December 1994, in particular those paragraphs regarding the peacekeeping budgetary cycles, which should be adhered to in the future budgetary process, where possible; 2. Expresses its deep concern that Israel did not comply with its resolutions 51/233, 52/237, 53/227, 54/267 and 55/180 A; 3. Stresses once again that Israel should strictly abide by its resolutions 51/233, 52/237, 53/227, 54/267 and 55/180 A; 4. Takes note of the status of contributions to the United Nations Interim Force in Lebanon as at 30 April 2001, including the contributions outstanding in the amount of 124.5 million United States dollars, representing 3.9 per cent of the total assessed contributions from the inception of the Force to the period ending 31 January 2001, notes that some 20 per cent of the Member States have paid their assessed contributions in full, and urges all other Member States concerned, in particular those in arrears, to ensure payment of their outstanding assessed contributions; 5. Expresses its appreciation to those Member States which have paid their assessed contributions in full; 6. Expresses concern about the financial situation with regard to peacekeeping activities, in particular as regards the reimbursements to troop contributors that bear additional burdens owing to overdue payments by Member States of their assessments; 7. Urges all other Member States to make every possible effort to ensure payment of their assessed contributions to the Force in full and on time; 8. Expresses concern at the delay experienced by the Secretary-General in deploying and providing adequate resources to some recent peacekeeping missions, in particular those in Africa; 9. Emphasizes that all future and existing peacekeeping missions shall be given equal and non-discriminatory treatment in respect of financial and administrative arrangements; 10. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the effective and efficient discharge of their respective mandates; 11. Reiterates its request to the Secretary-General to make the fullest possible use of facilities and equipment at the United Nations Logistics Base at Brindisi, Italy, in order to minimize the costs of procurement for the Force; 12. Endorses the conclusions and recommendations contained in the reports of the Advisory Committee on Administrative and Budgetary Questions,4 and requests the Secretary-General to ensure full implementation; 13. Requests the Secretary-General to take all necessary action to ensure that the Force is administered with a maximum of efficiency and economy; 4 A/55/874, para. 10 (a) and A/55/885. See also Official Records of the General Assembly, Fifty-fifth Session, Fifth Committee, 48th meeting (A/C.5/55/SR.48), and corrigendum. A/RES/55/180 B 3 14. Also requests the Secretary-General, in order to reduce the cost of employing General Service staff, to continue efforts to recruit local staff for the Force against General Service posts, commensurate with the requirements of the Force; 15. Reiterates its request to the Secretary-General to take the necessary measures to ensure the full implementation of paragraph 8 of General Assembly resolution 51/233, paragraph 5 of its resolution 52/237, paragraph 11 of its resolution 53/227, paragraph 14 of its resolution 54/267 and paragraph 14 of its resolution 55/180 A, stresses once again that Israel shall pay the amount of 1,284,633 dollars resulting from the incident at Qana on 18 April 1996, and requests the Secretary-General to report on this matter to the Assembly during the main part of its fifty-sixth session; 16. Decides to reduce the appropriation provided by the General Assembly in its resolutions 54/267 and 55/180 A from the amount of 233,592,094 dollars gross (228,191,141 dollars net), inclusive of the amount of 6,967,059 dollars gross (5,895,590 dollars net) for the support account for peacekeeping operations and the amount of 1,089,216 dollars gross (969,161 dollars net) for the United Nations Logistics Base for the maintenance and expansion of the Force for the period from 1 July 2000 to 30 June 2001, to the amount of 207,154,194 dollars gross (201,981,841 dollars net), inclusive of the amount of 6,967,059 dollars gross (5,895,590 dollars net) for the support account and the amount of 1,089,216 dollars gross (969,161 dollars net) for the Logistics Base; 17. Decides also to reduce the apportionment provided by the General Assembly in its resolutions 54/267 and 55/180 A for the period from 1 February to 30 June 2001 from the amount of 97,330,038 dollars gross (95,079,645 dollars net) to the amount of 70,892,138 dollars gross (68,870,345 dollars net), taking into account the amount of 194,660,080 dollars gross (190,159,283 dollars net) already apportioned for the period from 1 July 2000 to 30 April 2001; 18. Decides further that, in accordance with the provisions of its resolution 973 (X) of 15 December 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 17 above, their respective share in the Tax Equalization Fund of the estimated reduced staff assessment income of 2,021,793 dollars approved for the Force for the period from 1 February to 30 June 2001; 19. Authorizes the Secretary-General to enter into commitments in the amount of 99,548,960 dollars gross (97,558,500 dollars net) for the maintenance of the Force for the period from 1 July to 31 December 2001, and decides to appropriate the amount of 6,021,721 dollars gross (5,284,652 dollars net) for the support account and the amount of 629,045 dollars gross (564,879 dollars net) for the United Nations Logistics Base, representing the prorated share of the Force in the support account and Logistics Base requirements for the period from 1 July 2001 to 30 June 2002; 20. Decides to apportion among Member States the amount of 16,591,493 dollars gross (16,259,750 dollars net) for the period from 1 to 31 July 2001 in accordance with the levels set out in its resolution 55/235, as adjusted by the General Assembly in its resolution 55/236 of 23 December 2000, and taking into account the scale of assessments for the year 2001, as set out in its resolution 55/5 B of 23 December 2000; 21. Decides also that, in accordance with the provisions of its resolution 973 (X), there shall be set off against the apportionment among Member States, as provided for in paragraph 20 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 331,743 dollars approved for the Force for the period from 1 to 31 July 2001; A/RES/55/180 B 4 22. Decides further to apportion among Member States the amount of 82,957,467 dollars gross (81,298,750 dollars net) for the period from 1 August to 31 December 2001, at a monthly rate of 16,591,493 dollars gross (16,259,750 dollars net) in accordance with paragraph 20 above, and taking into account the scale of assessments for the year 2001, as set out in its resolution 55/5 B, subject to the decision of the Security Council to extend the mandate of the Force beyond 31 July 2001; 23. Decides that, in accordance with the provisions of its resolution 973 (X), there shall be set off against the apportionment among Member States, as provided for in paragraph 22 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 1,658,717 dollars approved for the Force for the period from 1 August to 31 December 2001; 24. Decides also to apportion among Member States the amount of 6,021,721 dollars gross (5,284,652 dollars net) for the support account and the amount of 629,045 dollars gross (564,879 dollars net) for the United Nations Logistics Base for the period from 1 July 2001 to 30 June 2002 in accordance with paragraph 20 above, and taking into account the scale of assessments for the years 2001 and 2002, as set out in its resolution 55/5 B, the scale of assessments for the year 2001 to be applied against a portion thereof, that is, 3,010,861 dollars gross (2,642,326 dollars net) for the support account and 314,523 dollars gross (282,440 dollars net) for the Logistics Base for the period from 1 July to 31 December 2001, and the scale of assessments for the year 2002 to be applied against the balance, that is, 3,010,860 dollars gross (2,642,326 dollars net) for the support account and 314,522 dollars gross (282,439 dollars net) for the Logistics Base for the period from 1 January to 30 June 2002; 25. Decides further that, in accordance with the provisions of its resolution 973 (X), there shall be set off against the apportionment among Member States, as provided for in paragraph 24 above, their respective share in the Tax Equalization Fund of the estimated staff assessment income of 737,069 dollars for the support account and 64,166 dollars for the United Nations Logistics Base approved for the period from 1 July 2001 to 30 June 2002, 368,535 dollars for the support account and 32,083 dollars for the Logistics Base being amounts pertaining to the period from 1 July to 31 December 2001 and the balance, that is, 368,534 dollars, for the support account and 32,083 dollars for the Logistics Base pertaining to the period from 1 January to 30 June 2002; 26. Decides that, for Member States that have fulfilled their financial obligations to the Force, there shall be set off against the apportionment, as provided for in paragraph 20 above, their respective share of the remaining balance of 186,252 dollars in the reserve account for third-party liability insurance of helicopters for the Force, in accordance with the composition of groups set out in paragraphs 3 and 4 of General Assembly resolution 43/232 of 1 March 1989, as adjusted by the Assembly in subsequent relevant resolutions and decisions, for the ad hoc apportionment of peacekeeping appropriations, the latest of which were its resolution 52/230 of 31 March 1998 and its decisions 54/456 to 54/458 of 23 December 1999 for the period 1998–2000, and taking into account the scale of assessments for the year 2000, as set out in its resolutions 52/215 A of 22 December 1997 and 54/237 A of 23 December 1999; 27. Decides also that, for Member States that have not fulfilled their financial obligations to the Force, their share of the remaining balance of 186,252 dollars in the reserve account for third-party liability insurance of helicopters for the Force shall be set off against their outstanding obligations in accordance with the scheme set out in paragraph 26 above; A/RES/55/180 B 5 28. Takes note of additional requirements in the amount of 571,000 dollars gross (1,270,800 dollars net) for the operation of the Force for the period ending 30 June 2000, and authorizes the Secretary-General to utilize credits in an equal amount arising from the cancellation of obligations pertaining to the same period to meet the additional requirements; 29. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active peacekeeping missions; 30. Encourages the Secretary-General to continue to take additional measures to ensure the safety and security of all personnel under the auspices of the United Nations participating in the Force; 31. Invites voluntary contributions to the Force in cash and in the form of services and supplies acceptable to the Secretary-General, to be administered, as appropriate, in accordance with the procedure and practices established by the General Assembly; 32. Decides to include in the provisional agenda of its fifty-sixth session, under the item entitled “Financing of the United Nations peacekeeping forces in the Middle East”, the sub-item entitled “United Nations Interim Force in Lebanon”.
AFGHANISTAN
0
A/RES/55/50
Resolution adopted by the General Assembly [without reference to a Main Committee (A/55/L.49 and Add.1)] 55/50. Jerusalem The General Assembly, Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995, 51/27 of 4 December 1996, 52/53 of 9 December 1997, 53/37 of 2 December 1998 and 54/37 of 1 December 1999, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City, Having considered the report of the Secretary-General,1 1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever; 2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution; 3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations; 1 A/55/538. A/RES/55/50 2 4. Requests the Secretary-General to report to the General Assembly at its fifty-sixth session on the implementation of the present resolution.
AFGHANISTAN
1
A/RES/55/51
Resolution adopted by the General Assembly [without reference to a Main Committee (A/55/L.50 and Add.1)] 55/51. The Syrian Golan The General Assembly, Having considered the item entitled “The situation in the Middle East”, Taking note of the report of the Secretary-General,1 Recalling Security Council resolution 497 (1981) of 17 December 1981, Reaffirming the fundamental principle of the inadmissibility of the acquisition of territory by force, in accordance with international law and the Charter of the United Nations, Reaffirming once more the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 to the occupied Syrian Golan, Deeply concerned that Israel has not withdrawn from the Syrian Golan, which has been under occupation since 1967, contrary to the relevant Security Council and General Assembly resolutions, Stressing the illegality of the Israeli settlement construction and activities in the occupied Syrian Golan since 1967, Noting with satisfaction the convening in Madrid on 30 October 1991 of the Peace Conference on the Middle East, on the basis of Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 425 (1978) of 19 March 1978 and the formula of land for peace, Expressing grave concern over the halt in the peace process on the Syrian track, and expressing the hope that peace talks will soon resume from the point they had reached, 1. Declares that Israel has failed so far to comply with Security Council resolution 497 (1981); 2. Also declares that the Israeli decision of 14 December 1981 to impose its laws, jurisdiction and administration on the occupied Syrian Golan is null and void 1 A/55/538. 2 United Nations, Treaty Series, vol. 75, No. 973. A/RES/55/51 2 and has no validity whatsoever, as confirmed by the Security Council in its resolution 497 (1981), and calls upon Israel to rescind it; 3. Reaffirms its determination that all relevant provisions of the Regulations annexed to the Hague Convention of 1907,3 and the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 continue to apply to the Syrian territory occupied by Israel since 1967, and calls upon the parties thereto to respect and ensure respect for their obligations under those instruments in all circumstances; 4. Determines once more that the continued occupation of the Syrian Golan and its de facto annexation constitute a stumbling block in the way of achieving a just, comprehensive and lasting peace in the region; 5. Calls upon Israel to resume the talks on the Syrian and Lebanese tracks and to respect the commitments and undertakings reached during the previous talks; 6. Demands once more that Israel withdraw from all the occupied Syrian Golan to the line of 4 June 1967 in implementation of the relevant Security Council resolutions; 7. Calls upon all the parties concerned, the co-sponsors of the peace process and the entire international community to exert all the necessary efforts to ensure the resumption of the peace process and its success by implementing Security Council resolutions 242 (1967) and 338 (1973); 8. Requests the Secretary-General to report to the General Assembly at its fifty-sixth session on the implementation of the present resolution. 78th plenary meeting 1 December 2000 3 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915).
AFGHANISTAN
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A/RES/55/53
Resolution adopted by the General Assembly [without reference to a Main Committee (A/55/L.46 and Add.1)] 55/53. Division for Palestinian Rights of the Secretariat The General Assembly, Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,1 Taking note in particular of the relevant information contained in chapter V.B of that report, Recalling its resolutions 32/40 B of 2 December 1977, 33/28 C of 7 December 1978, 34/65 D of 12 December 1979, 35/169 D of 15 December 1980, 36/120 B of 10 December 1981, 37/86 B of 10 December 1982, 38/58 B of 13 December 1983, 39/49 B of 11 December 1984, 40/96 B of 12 December 1985, 41/43 B of 2 December 1986, 42/66 B of 2 December 1987, 43/175 B of 15 December 1988, 44/41 B of 6 December 1989, 45/67 B of 6 December 1990, 46/74 B of 11 December 1991, 47/64 B of 11 December 1992, 48/158 B of 20 December 1993, 49/62 B of 14 December 1994, 50/84 B of 15 December 1995, 51/24 of 4 December 1996, 52/50 of 9 December 1997, 53/40 of 2 December 1998 and 54/40 of 1 December 1999, 1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 54/40; 2. Considers that the Division for Palestinian Rights of the Secretariat continues to make a useful and constructive contribution; 3. Requests the Secretary-General to continue to provide the Division with the necessary resources and to ensure that it continues to carry out its programme of work as detailed in the relevant earlier resolutions, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance, including, in particular, the organization of meetings in various regions with the participation of all sectors of the international community, the further development and expansion of the documents collection of the United Nations Information System on the Question of Palestine, the preparation and widest possible dissemination of publications and information materials on various aspects 1 Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 35 (A/55/35). A/RES/55/53 2 of the question of Palestine, and the provision of the annual training programme for staff of the Palestinian Authority; 4. Also requests the Secretary-General to ensure the continued cooperation of the Department of Public Information and other units of the Secretariat in enabling the Division to perform its tasks and in covering adequately the various aspects of the question of Palestine; 5. Invites all Governments and organizations to extend their cooperation to the Committee and the Division in the performance of their tasks; 6. Notes with appreciation the action taken by Member States to observe annually on 29 November the International Day of Solidarity with the Palestinian People, requests them to continue to give the widest possible publicity to the observance, and requests the Committee and the Division to continue to organize, as part of the observance of the Day of Solidarity, an annual exhibit on Palestinian rights in cooperation with the Permanent Observer Mission of Palestine to the United Nations.
AFGHANISTAN
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A/RES/56/155
Resolution adopted by the General Assembly [on the report of the Third Committee (A/56/583/Add.2)] 56/155. The right to food The General Assembly, Recalling all Commission on Human Rights resolutions in this regard, in particular resolution 2000/10 of 17 April 2000,1 and taking note of Commission resolution 2001/25 of 20 April 2001,2 Recalling also the Universal Declaration of Human Rights,3 which provides that everyone has the right to a standard of living adequate for her/his health and well-being, including food, Recalling further the provisions of the International Covenant on Economic, Social and Cultural Rights,4 in which the fundamental right of every person to be free from hunger is recognized, Recalling the Universal Declaration on the Eradication of Hunger and Malnutrition,5 Bearing in mind the Rome Declaration on World Food Security and the Plan of Action of the World Food Summit,6 Reaffirming that all human rights are universal, indivisible, interdependent and interrelated, Recognizing that the problems of hunger and food insecurity have global dimensions and that they are likely to persist and even to increase dramatically in some regions unless urgent, determined and concerted action is taken, given the anticipated increase in the world’s population and the stress on natural resources, _______________ 1 See Official Records of the Economic and Social Council, 2000, Supplement No. 3 and corrigendum (E/2000/23 and Corr.1), chap. II, sect. A. 2 Ibid., 2001, Supplement No. 3 (E/2001/23), chap. II, sect. A. 3 Resolution 217 A (III). 4 See resolution 2200 A (XXI), annex. 5 Report of the World Food Conference, Rome, 5–16 November 1974 (United Nations publication, Sales No. E.75.II.A.3), chap. I. 6 Food and Agriculture Organization of the United Nations, Report of the World Food Summit, 13–17 November 1996 (WFS 96/REP), part one, appendix. A/RES/56/155 2 Reaffirming that a peaceful, stable and enabling political, social and economic environment, at both the national and the international level, is the essential foundation which will enable States to give adequate priority to food security and poverty eradication, Reiterating, as did the Rome Declaration, that food should not be used as an instrument of political or economic pressure, and reaffirming in this regard the importance of international cooperation and solidarity, as well as the necessity of refraining from unilateral measures that are not in accordance with international law and the Charter of the United Nations and that endanger food security, Convinced that each State must adopt a strategy consistent with its resources and capacities to achieve its individual goals in implementing the recommendations contained in the Rome Declaration and Plan of Action of the World Food Summit and, at the same time, cooperate regionally and internationally in order to organize collective solutions to global issues of food security in a world of increasingly interlinked institutions, societies and economies where coordinated efforts and shared responsibilities are essential, Stressing the importance of reversing the continuing decline of official development assistance devoted to agriculture, both in real terms and as a share of total official development assistance, 1. Reaffirms that hunger constitutes an outrage and a violation of human dignity and therefore requires the adoption of urgent measures at the national, regional and international levels for its elimination; 2. Also reaffirms the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger so as to be able fully to develop and maintain their physical and mental capacities; 3. Considers it intolerable that 826 million people, most of them women and children, throughout the world and particularly in developing countries, do not have enough food to meet their basic nutritional needs, which infringes upon their fundamental human rights and at the same time can generate additional pressures on the environment in ecologically fragile areas; 4. Encourages all States to take steps with a view to achieving progressively the full realization of the right to food, including steps to promote the conditions for everyone to be free from hunger and, as soon as possible, to enjoy fully the right to food, and to elaborate and adopt national plans to combat hunger; 5. Stresses the need to make efforts to mobilize and optimize the allocation and utilization of technical and financial resources from all sources, including external debt relief for developing countries, and to reinforce national actions to implement sustainable food security policies; 6. Urges States to give adequate priority in their development strategies and expenditures to the realization of the right to food; 7. Takes note of the report of the United Nations Children’s Fund on early childhood entitled The State of the World’s Children, 2001,7 and in this context recalls that the nurturing of young children merits the highest priority; 8. Takes note with appreciation of the preliminary report of the Special Rapporteur of the Commission on Human Rights on the right to food,8 submitted in _______________ 7 United Nations publication, Sales No. E.01.XX.1. 8 See A/56/210. A/RES/56/155 3 accordance with Commission resolution 2001/25, and commends the Special Rapporteur for his valuable work in the promotion of the right to food; 9. Supports the realization of the mandate of the Special Rapporteur as established by the Commission on Human Rights in its resolutions 2000/10 and 2001/25; 10. Emphasizes the request of the Commission on Human Rights to the Special Rapporteur to contribute effectively to the medium-term review of the implementation of the Rome Declaration on World Food Security and the Plan of Action of the World Food Summit6 by submitting to the United Nations High Commissioner for Human Rights his recommendations on all aspects of the right to food; 11. Encourages the Special Rapporteur to mainstream a gender perspective in the activities relating to his mandate; 12. Requests the Secretary-General and the High Commissioner to provide all the necessary human and financial resources for the effective fulfilment of the mandate of the Special Rapporteur; 13. Welcomes the work already done by the Committee on Economic, Social and Cultural Rights in promoting the right to adequate food, in particular its General Comment No. 12 (1999) on the right to adequate food (article 11 of the International Covenant on Economic, Social and Cultural Rights), in which the Committee affirmed, inter alia, that the right to adequate food is indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfilment of other human rights enshrined in the International Bill of Human Rights, and is also inseparable from social justice, requiring the adoption of appropriate economic, environmental and social policies, at both the national and international levels, oriented to the eradication of poverty and the fulfilment of all human rights for all;9 14. Also welcomes the convening by the High Commissioner at Bonn, from 12 to 14 March 2001, of the Third Expert Consultation on the Right to Food, with a focus on implementation mechanisms at the country level, hosted by the Government of Germany, and takes note with interest of the report of this meeting;10 15. Supports the recommendation that the High Commissioner organize a fourth expert consultation on the right to food, with a focus on the realization of this right as part of strategies and policies for the eradication of poverty, inviting experts from all regions; 16. Requests the Special Rapporteur to submit a comprehensive report to the Commission on Human Rights at its fifty-eighth session and an interim report to the General Assembly at its fifty-seventh session on the implementation of the present resolution; 17. Invites Governments, relevant United Nations agencies, funds and programmes, treaty bodies and non-governmental organizations to cooperate fully with the Special Rapporteur in the fulfilment of his mandate, inter alia, through the submission of comments and suggestions on ways and means of realizing the right to food; 18. Decides to continue the consideration of this matter at its fifty-seventh session under the agenda item entitled “Human rights questions”. 88th plenary meeting 19 December 2001 _______________ 9 Official Records of the Economic and Social Council, 2000, Supplement No. 2 and corrigendum (E/2000/22 and Corr.1), annex V, para. 4. 10 E/CN.4/2001/148.
AFGHANISTAN
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A/RES/56/16
Resolution adopted by the General Assembly [on the report of the First Committee (A/56/528)] 56/16. Implementation of the Declaration of the Indian Ocean as a Zone of Peace The General Assembly, Recalling the Declaration of the Indian Ocean as a Zone of Peace, contained in its resolution 2832 (XXVI) of 16 December 1971, and recalling also its resolution 54/47 of 1 December 1999 and other relevant resolutions, Recalling also the report of the Meeting of the Littoral and Hinterland States of the Indian Ocean held in July 1979,1 Recalling further paragraph 148 of the Final Document of the Twelfth Conference of Heads of State or Government of Non-Aligned Countries, held at Durban, South Africa, from 29 August to 3 September 1998,2 in which it was noted, inter alia, that the Chairperson of the Ad Hoc Committee on the Indian Ocean would continue his informal consultations on the future work of the Committee, Emphasizing the need to foster consensual approaches that are conducive to the pursuit of such endeavours, Noting the initiatives taken by countries of the region to promote cooperation, in particular economic cooperation, in the Indian Ocean area and the possible contribution of such initiatives to overall objectives of a zone of peace, Convinced that the participation of all permanent members of the Security Council and the major maritime users of the Indian Ocean in the work of the Ad Hoc Committee is important and would assist the progress of a mutually beneficial dialogue to develop conditions of peace, security and stability in the Indian Ocean region, Considering that greater efforts and more time are required to develop a focused discussion on practical measures to ensure conditions of peace, security and stability in the Indian Ocean region, _______________ 1 Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 45 and corrigendum (A/34/45 and Corr.1). 2 See A/53/667-S/1998/1071, annex I. A/RES/56/16 2 Having considered the report of the Ad Hoc Committee on the Indian Ocean,3 1. Takes note of the report of the Ad Hoc Committee on the Indian Ocean;3 2. Reiterates its conviction that the participation of all permanent members of the Security Council and the major maritime users of the Indian Ocean in the work of the Ad Hoc Committee is important and would greatly facilitate the development of a mutually beneficial dialogue to advance peace, security and stability in the Indian Ocean region; 3. Requests the Chairman of the Ad Hoc Committee to continue his informal consultations with the members of the Committee and to report through the Committee to the General Assembly at its fifty-eighth session; 4. Requests the Secretary-General to continue to render, within existing resources, all necessary assistance to the Ad Hoc Committee, including the provision of summary records; 5. Decides to include in the provisional agenda of its fifty-eighth session the item entitled “Implementation of the Declaration of the Indian Ocean as a Zone of Peace”. 68th plenary meeting 29 November 2001 _______________ 3 Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 29 (A/56/29).
AFGHANISTAN
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A/RES/56/20
Resolution adopted by the General Assembly [on the report of the First Committee (A/56/531)] 56/20. Role of science and technology in the context of international security and disarmament The General Assembly, Recognizing that scientific and technological developments can have both civilian and military applications and that progress in science and technology for civilian applications needs to be maintained and encouraged, Concerned that military applications of scientific and technological developments can contribute significantly to the improvement and upgrading of advanced weapons systems and, in particular, weapons of mass destruction, Aware of the need to follow closely the scientific and technological developments that may have a negative impact on international security and disarmament, and to channel scientific and technological developments for beneficial purposes, Cognizant that the international transfers of dual-use as well as high- technology products, services and know-how for peaceful purposes are important for the economic and social development of States, Also cognizant of the need to regulate such transfers of dual-use goods and technologies and high technology with military applications through multilaterally negotiated, universally applicable, non-discriminatory guidelines, Expressing concern about the growing proliferation of ad hoc and exclusive export control regimes and arrangements for dual-use goods and technologies, which tend to impede the economic and social development of developing countries, Recalling that in the Final Document of the Twelfth Conference of Heads of State or Government of Non-Aligned Countries, held at Durban, South Africa, from 29 August to 3 September 1998,1 it was noted with concern that undue restrictions on exports to developing countries of material, equipment and technology for peaceful purposes persist, _______________ 1 A/53/667-S/1998/1071, annex I. A/RES/56/20 2 Emphasizing that internationally negotiated guidelines for the transfer of high technology with military applications should take into account the legitimate defence requirements of all States and the requirements for the maintenance of international peace and security, while ensuring that access to high-technology products and services and know-how for peaceful purposes is not denied, 1. Affirms that scientific and technological progress should be used for the benefit of all mankind to promote the sustainable economic and social development of all States and to safeguard international security and that international cooperation in the use of science and technology through the transfer and exchange of technological know-how for peaceful purposes should be promoted; 2. Invites Member States to undertake additional efforts to apply science and technology for disarmament-related purposes and to make disarmament-related technologies available to interested States; 3. Urges Member States to undertake multilateral negotiations with the participation of all interested States in order to establish universally acceptable, non- discriminatory guidelines for international transfers of dual-use goods and technologies and high technology with military applications; 4. Encourages United Nations bodies to contribute, within existing mandates, to promoting the application of science and technology for peaceful purposes; 5. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “Role of science and technology in the context of international security and disarmament”.
AFGHANISTAN
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A/RES/56/216
Resolution adopted by the General Assembly [without reference to a Main Committee (A/56/L.66 and Add.1 and A/56/L.67)] 56/216. Cooperation between the United Nations and the Organization for Security and Cooperation in Europe The General Assembly, Recalling the framework for cooperation and coordination between the United Nations and the Conference on Security and Cooperation in Europe, which was signed on 26 May 1993,1 as well as its resolutions on cooperation between the two organizations, Recalling also the principles embodied in the Helsinki Final Act and in the declaration at the 1992 Helsinki Summit by the heads of State or Government of the participating States of the Conference on Security and Cooperation in Europe of their understanding that the Conference is a regional arrangement in the sense of Chapter VIII of the Charter of the United Nations and as such provides an important link between European and global security,2 Acknowledging the increasing contribution of the Organization for Security and Cooperation in Europe to the establishment and maintenance of international peace and security in its region through activities in early warning and preventive diplomacy, including through the activities of the High Commissioner on National Minorities, crisis management and post-conflict rehabilitation, as well as arms control and disarmament, Recalling the Charter for European Security adopted at the Summit in Istanbul, Turkey, in November 1999, which reaffirms the Organization for Security and Cooperation in Europe as a primary organization for the peaceful settlement of disputes within its region and as a key instrument for early warning, conflict prevention, crisis management and post-conflict rehabilitation, Recalling also the special ties between the Organization for Security and Cooperation in Europe and the Mediterranean Partners for Cooperation, as well as between that organization and the Asian Partners for Cooperation, Japan, the Republic of Korea and Thailand, which have been enhanced further in 2001, _______________ 1 A/48/185, annex II, appendix. 2 See A/47/361-S/24370, annex. A/RES/56/216 2 Underlining the continued importance of enhanced cooperation and coordination between the United Nations and the Organization for Security and Cooperation in Europe, 1. Welcomes the report of the Secretary-General;3 2. Notes with appreciation the further improvement of cooperation and coordination between the United Nations and its agencies and the Organization for Security and Cooperation in Europe, including at the level of activities in the field; 3. Welcomes, in this context, the meetings of the Secretary-General of the United Nations with the Chairman-in-Office and the Secretary-General of the Organization for Security and Cooperation in Europe, the participation of the Chairman-in-Office at a meeting of the Security Council in January 2001, the participation of the Director-General of the United Nations Office at Geneva in a meeting of the Ministerial Council of the Organization for Security and Cooperation in Europe, which was held in Bucharest on 3 and 4 December 2001, and the participation of high-level United Nations representatives in meetings of the Organization for Security and Cooperation in Europe; 4. Encourages further efforts of the Organization for Security and Cooperation in Europe to foster security and stability in its region through early warning, conflict prevention, crisis management and post-conflict rehabilitation, as well as through continued promotion of democracy, the rule of law, human rights and fundamental freedoms; 5. Welcomes the documents of the meeting of the Ministerial Council in Bucharest confirming the determination of the participating States of the Organization for Security and Cooperation in Europe to strengthen and deepen their cooperation with a view to protecting their citizens from new challenges to their security while safeguarding the rule of law, individual liberties and the right to equal justice under the law; 6. Commends the adoption of the decision and Action Plan on Terrorism, whereby participating States pledged to reinforce and develop bilateral and multilateral cooperation among themselves, with the United Nations and with other international and regional organizations in order to combat terrorism in all its forms and manifestations, wherever and by whomever committed, to contribute to the fulfilment of international obligations as enshrined, inter alia, in Security Council resolution 1373 (2001) of 28 September 2001, to act in conformity with the purposes and principles of the Charter of the United Nations, and to become parties to all twelve United Nations conventions and protocols related to terrorism as soon as possible; 7. Notes the review of the structures of the Organization for Security and Cooperation in Europe, undertaken at the initiative of the Romanian Chairmanship, with the goal of strengthening its efficiency, and the adoption of decisions to foster its role as a forum for political dialogue on issues of security and cooperation in Europe which promotes a more effective use of the means and mechanisms of the Organization for Security and Cooperation in Europe to counter threats and challenges to security and stability in its region; _______________ 3 A/56/125. A/RES/56/216 3 8. Welcomes the decisions to strengthen cooperation in the economic and environmental sphere and to enhance the role of the Organization for Security and Cooperation in Europe in police-related activities; 9. Also welcomes the documents of the Ministerial Council meeting in Bucharest on enhancing the effectiveness of the human dimension meetings of the Organization for Security and Cooperation in Europe, promoting tolerance and non- discrimination, combating trafficking in human beings, improving the situation of Roma and Sinti, and on promoting equal opportunities for women and men and the continued close cooperation between the Organization for Security and Cooperation in Europe, the Office of the United Nations High Commissioner for Refugees and the Office of the United Nations High Commissioner for Human Rights; 10. Notes with appreciation the active involvement of the Organization for Security and Cooperation in Europe in Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia and its commitment to continue to contribute substantially to conflict prevention, crisis management, and post-conflict stabilization in the region, thereby fostering peace and stability in the area; 11. Welcomes the establishment and the work of the Mission of the Organization for Security and Cooperation in Europe to the Federal Republic of Yugoslavia to assist further progress in the consolidation of democracy, the strengthening of the rule of law and respect for human rights and fundamental freedoms, including the rights of persons belonging to national minorities; 12. Expresses its appreciation for the contribution by the Organization for Security and Cooperation in Europe to implementing Security Council resolution 1244 (1999) of 10 June 1999, in particular for its substantial role in the preparation and organization of the Kosovo-wide election on 17 November 2001, in view of the consolidation of stability and prosperity in Kosovo, Federal Republic of Yugoslavia, on the basis of substantial autonomy, respecting the sovereignty and territorial integrity of the Federal Republic of Yugoslavia, pending a final settlement, in accordance with resolution 1244 (1999); 13. Salutes the commitment of participating States of the Organization for Security and Cooperation in Europe to the sovereignty, territorial integrity and unitary character of the former Yugoslav Republic of Macedonia and their offer to assist and support strongly the full and timely implementation of the Framework Agreement concluded on 13 August 2001, including the programmes on police training and reform, media and inter-ethnic relations; 14. Supports the priorities of the work of the Organization for Security and Cooperation in Europe for the continuous development of civil society and for increasing local ownership of the reform process in Bosnia and Herzegovina; 15. Commends the efforts to improve the coordination and efficiency of international engagement in the field of civilian implementation of the Dayton/Paris peace accords,4 as well as a timely decision on the best options for the succession of the United Nations International Police Task Force to allow for a smooth and comprehensive transition; _______________ 4 General Framework Agreement for Peace in Bosnia and Herzegovina, and the annexes thereto, initialled in Dayton, United States of America, on 21 November 1995 and signed in Paris on 14 December 1995 (A/50/790-S/1995/999). A/RES/56/216 4 16. Underlines the importance of regional cooperation as a means of fostering good-neighbourly relations, stability and economic development, welcomes the implementation of the Stability Pact for South-Eastern Europe under the auspices of the Organization for Security and Cooperation in Europe as an important long-term and comprehensive initiative to promote good-neighbourly relations, stability and economic development, and also welcomes the commitment of participating States of the Organization for Security and Cooperation in Europe to contribute further to the goals of the Stability Pact; 17. Notes the efforts undertaken in 2001 by the Republic of Moldova and the mediators of the Organization for Security and Cooperation in Europe, the Russian Federation and Ukraine towards negotiation for a comprehensive political settlement of the Transdniestrian issue, based on full respect of the sovereignty and territorial integrity of the Republic of Moldova, welcomes the fulfilment by the Russian Federation, ahead of the agreed time, of the commitments undertaken at the summit of the Organization for Security and Cooperation in Europe held in Istanbul, Turkey, in 1999 on the withdrawal and disposal of the equipment limited by the Treaty on Conventional Armed Forces in Europe5 located in the Transdniestrian region of the Republic of Moldova by the end of 2001, and encourages the timely fulfilment of other commitments concerning the Republic of Moldova undertaken by the participating States of the Organization for Security and Cooperation in Europe in Istanbul in 1999; 18. Welcomes the developments in the peace process in the Tshkhinvali region/South Ossetia, Georgia, and the steps to reduce the quantities of small arms and light weapons in that region, as well as the progress made in 2001 towards meeting the commitments made in Istanbul on the future of Russian forces in Georgia, including the closure of the Russian base at Vaziani and the withdrawal of the equipment from the Russian base at Gudauta, encourages the implementation of the other Istanbul commitments, and with regard to Abkhazia, Georgia, calls for the resumption of a constructive dialogue aimed at achieving a comprehensive settlement, including a definition of the political status of Abkhazia as a sovereign entity within the State of Georgia; 19. Acknowledges the significant contribution to stability and confidence in the region made by the border monitoring operation of the Organization for Security and Cooperation in Europe along the border between Georgia and the Chechen Republic of the Russian Federation; 20. Notes with satisfaction the engagement of the Organization for Security and Cooperation in Europe towards cooperation with the five participating States of Central Asia, which has continued to grow in all dimensions, thus contributing to stability and prosperity in the region, as well as the commitment of the Organization for Security and Cooperation in Europe to assist in addressing specific threats to stability and security for the Central Asian participating States, and appreciates the valuable contribution of the Bishkek International Conference on enhancing security and stability in Central Asia, held on 13 and 14 December 2001, to addressing those problems, which are shared concerns among the participating States of the Organization for Security and Cooperation in Europe; 21. Fully supports the activities of the Organization for Security and Cooperation in Europe to achieve a peaceful solution to the conflict in and around _______________ 5 CD/1064. A/RES/56/216 5 the Nagorny-Karabakh region of the Republic of Azerbaijan, and welcomes cooperation between the United Nations and the Organization for Security and Cooperation in Europe in this regard; 22. Expresses deep concern at the failure to achieve a settlement of the Nagorny-Karabakh conflict despite the intensified dialogue between the parties and the active support of the Co-Chairmen of the Minsk Group of the Organization for Security and Cooperation in Europe, reaffirms that the prompt resolution of that protracted conflict will contribute to lasting peace, security, stability and cooperation in the South Caucasus region, reiterates the importance of continuing the peace dialogue, calls upon the sides to continue their efforts to achieve an early resolution of the conflict based on the norms and principles of international law, encourages the parties to explore further measures that would enhance mutual confidence and trust, including the release of prisoners of war, welcomes the commitment of the parties to the ceasefire and to achieving a peaceful and comprehensive settlement, and encourages the parties to continue their efforts, with the active support of the Co-Chairmen, to reach a just and enduring settlement; 23. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “Cooperation between the United Nations and the Organization for Security and Cooperation in Europe”, and requests the Secretary-General to submit to the General Assembly at its fifty-seventh session a report on cooperation between the United Nations and the Organization for Security and Cooperation in Europe in implementation of the present resolution.
AFGHANISTAN
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A/RES/56/27
Resolution adopted by the General Assembly [on the report of the First Committee (A/56/539)] 56/27. The risk of nuclear proliferation in the Middle East The General Assembly, Bearing in mind its relevant resolutions, Taking note of the relevant resolutions adopted by the General Conference of the International Atomic Energy Agency, the latest of which is resolution GC(45)/RES/18, adopted on 21 September 2001,1 Cognizant that the proliferation of nuclear weapons in the region of the Middle East would pose a serious threat to international peace and security, Mindful of the immediate need for placing all nuclear facilities in the region of the Middle East under full-scope safeguards of the International Atomic Energy Agency, Recalling the decision on principles and objectives for nuclear non- proliferation and disarmament adopted by the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons on 11 May 1995,2 in which the Conference urged universal adherence to the Treaty as an urgent priority and called upon all States not yet parties to the Treaty to accede to it at the earliest date, particularly those States that operate unsafeguarded nuclear facilities, Recognizing with satisfaction that, in the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,3 the Conference undertook to make determined efforts towards the achievement of the goal of universality of the Treaty on the Non-Proliferation of Nuclear Weapons,4 and called upon those remaining States not parties to the Treaty to accede to it, thereby accepting an international legally binding commitment not to _______________ 1 See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference, Forty-fifth Regular Session, 17-21 September 2001 (GC(45)/RES/DEC(2001)). 2 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex, decision 2. 3 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vols. I–III (NPT/CONF.2000/28 (Parts I–IV)). 4 United Nations, Treaty Series, vol. 729, No. 10485. A/RES/56/27 2 acquire nuclear weapons or nuclear explosive devices and to accept International Atomic Energy Agency safeguards on all their nuclear activities, and underlined the necessity of universal adherence to the Treaty and of strict compliance by all parties with their obligations under the Treaty, Recalling the resolution on the Middle East adopted by the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons on 11 May 1995,5 in which the Conference noted with concern the continued existence in the Middle East of unsafeguarded nuclear facilities, reaffirmed the importance of the early realization of universal adherence to the Treaty and called upon all States in the Middle East that had not yet done so, without exception, to accede to the Treaty as soon as possible and to place all their nuclear facilities under full-scope International Atomic Energy Agency safeguards, Noting that Israel remains the only State in the Middle East that has not yet become party to the Treaty on the Non-Proliferation of Nuclear Weapons, Concerned about the threats posed by the proliferation of nuclear weapons to the security and stability of the Middle East region, Stressing the importance of taking confidence-building measures, in particular the establishment of a nuclear-weapon-free zone in the Middle East, in order to enhance peace and security in the region and to consolidate the global non- proliferation regime, Emphasizing the need for all parties directly concerned to consider seriously taking the practical and urgent steps required for the implementation of the proposal to establish a nuclear-weapon-free zone in the region of the Middle East in accordance with the relevant resolutions of the General Assembly and, as a means of promoting this objective, inviting the countries concerned to adhere to the Treaty on the Non-Proliferation of Nuclear Weapons and, pending the establishment of the zone, to agree to place all their nuclear activities under International Atomic Energy Agency safeguards, Noting that one hundred and sixty-one States have signed the Comprehensive Nuclear-Test-Ban Treaty,6 including a number of States in the region, 1. Welcomes the conclusions on the Middle East of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons;7 2. Reaffirms the importance of Israel’s accession to the Treaty on the Non- Proliferation of Nuclear Weapons4 and placement of all its nuclear facilities under comprehensive International Atomic Energy Agency safeguards, in realizing the goal of universal adherence to the Treaty in the Middle East; 3. Calls upon that State to accede to the Treaty on the Non-Proliferation of Nuclear Weapons without further delay and not to develop, produce, test or otherwise acquire nuclear weapons, and to renounce possession of nuclear weapons, and to place all its unsafeguarded nuclear facilities under full-scope International _______________ 5 See 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex. 6 See resolution 50/245. 7 See 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I, art. VII, para. 16. A/RES/56/27 3 Atomic Energy Agency safeguards as an important confidence-building measure among all States of the region and as a step towards enhancing peace and security; 4. Requests the Secretary-General to report to the General Assembly at its fifty-seventh session on the implementation of the present resolution; 5. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “The risk of nuclear proliferation in the Middle East”.
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A/RES/56/31
Resolution adopted by the General Assembly [without reference to a Main Committee (A/56/L.23 and Add.1)] 56/31. Jerusalem The General Assembly, Recalling its resolutions 36/120 E of 10 December 1981, 37/123 C of 16 December 1982, 38/180 C of 19 December 1983, 39/146 C of 14 December 1984, 40/168 C of 16 December 1985, 41/162 C of 4 December 1986, 42/209 D of 11 December 1987, 43/54 C of 6 December 1988, 44/40 C of 4 December 1989, 45/83 C of 13 December 1990, 46/82 B of 16 December 1991, 47/63 B of 11 December 1992, 48/59 A of 14 December 1993, 49/87 A of 16 December 1994, 50/22 A of 4 December 1995, 51/27 of 4 December 1996, 52/53 of 9 December 1997, 53/37 of 2 December 1998, 54/37 of 1 December 1999 and 55/50 of 1 December 2000, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling also Security Council resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City, Having considered the report of the Secretary-General,1 1. Determines that the decision of Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem is illegal and therefore null and void and has no validity whatsoever; 2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980) and their refusal to comply with the provisions of that resolution; 3. Calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations; _______________ 1 A/56/480. A/RES/56/31 2 4. Requests the Secretary-General to report to the General Assembly at its fifty-seventh session on the implementation of the present resolution.
AFGHANISTAN
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A/RES/56/56
Resolution adopted by the General Assembly [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/56/549)] 56/56. Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East The General Assembly, Recalling its resolutions 194 (III) of 11 December 1948, 212 (III) of 19 November 1948, 302 (IV) of 8 December 1949 and all subsequent related resolutions, Recalling also the relevant Security Council resolutions, Having considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2000 to 30 June 2001,1 Taking note of the letter dated 25 September 2001 from the Chairman of the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East addressed to the Commissioner-General,2 contained in the report of the Commissioner-General, Having considered the reports of the Secretary-General submitted in pursuance of its resolutions 48/40 E,3 48/40 H4 and 48/40 J5 of 10 December 1993 and 49/35 C6 of 9 December 1994, Recalling Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations,7 _______________ 1 Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 13 and addendum (A/56/13 and Add.1). 2 Ibid., p. viii. 3 A/49/440. 4 A/49/442. 5 A/49/443. 6 A/50/451. 7 Resolution 22 A (I). A/RES/56/56 2 Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,8 to the Palestinian territory occupied since 1967, including Jerusalem, Aware of the fact that Palestine refugees have, for over five decades, lost their homes, lands and means of livelihood, Also aware of the continuing needs of Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely, in Lebanon, Jordan and the Syrian Arab Republic, Further aware of the valuable work done by the refugee affairs officers of the Agency in providing protection to the Palestinian people, in particular Palestine refugees, Gravely concerned about the increased suffering of the Palestine refugees, including loss of life and injury, during the recent tragic events in the Occupied Palestinian Territory, including Jerusalem, Gravely concerned also about the policies of closure and severe restrictions on the movement of persons and goods throughout the Occupied Palestinian Territory, including Jerusalem, which have had a grave impact on the socio-economic situation of the Palestine refugees, Deeply concerned about the negative impact of these closures and restrictions on the staff and services of the Agency, Deeply concerned also about the continuing critical financial situation of the Agency and its effect on the continuity of provision of necessary Agency services to the Palestine refugees, including the emergency-related programmes, Aware of the work of the Peace Implementation Programme of the Agency, Recalling the signing in Washington, D.C., on 13 September 1993 of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization9 and the subsequent implementation agreements, Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization,10 Aware of the establishment of a working relationship between the Advisory Commission of the Agency and the Palestine Liberation Organization in accordance with General Assembly decision 48/417 of 10 December 1993, 1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all the staff of the Agency, for their tireless efforts and valuable work, including and particularly during the difficult situation of the past year; 2. Also expresses its appreciation to the Advisory Commission of the Agency, and requests it to continue its efforts and to keep the General Assembly informed of its activities, including the full implementation of decision 48/417; _______________ 8 United Nations, Treaty Series, vol. 75, No. 973. 9 A/48/486-S/26560, annex. 10 Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex I. A/RES/56/56 3 3. Takes note of the functioning of the headquarters of the Agency in Gaza City on the basis of the Headquarters Agreement between the Agency and the Palestinian Authority; 4. Acknowledges the support of the host Government and the Palestine Liberation Organization for the Agency in the discharge of its duties; 5. Calls upon Israel, the occupying Power, to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 19498 and to abide scrupulously by its provisions; 6. Also calls upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations7 with regard to the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of the facilities of the Agency in the Occupied Palestinian Territory, including Jerusalem; 7. Calls once again upon the Government of Israel to compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side; 8. Calls upon Israel particularly to cease obstructing the movement of the personnel, vehicles and supplies of the Agency, which has a detrimental impact on the Agency’s operations; 9. Also calls upon Israel to cease its policies of closure and of placing restrictions on the movement of persons and goods, which have had a grave impact on the socio-economic situation of the Palestinian population, in particular the Palestine refugees; 10. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the Occupied Palestinian Territory; 11. Notes that the context created by the signing of the Declaration of Principles on Interim Self-Government Arrangements by the Government of the State of Israel and the Palestine Liberation Organization9 and subsequent implementation agreements has had major consequences for the activities of the Agency, which is henceforth called upon, in close cooperation with the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority, the specialized agencies and the World Bank, to continue to contribute towards the development of economic and social stability in the occupied territory; 12. Notes also that the functioning of the Agency remains essential in all fields of operation; 13. Notes further the significant success of the Peace Implementation Programme of the Agency, as well as the microfinance and enterprise programmes; 14. Expresses concern about those remaining austerity measures due to the financial crisis, which have affected the quality and level of some of the services of the Agency; 15. Reiterates its request to the Commissioner-General to proceed with the modernization of the archives of the Agency; A/RES/56/56 4 16. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the current financial constraints and to support the Agency in maintaining the provision of the most basic and effective assistance to the Palestine refugees.
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A/RES/56/59
Resolution adopted by the General Assembly [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/56/550)] 56/59. Work of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, Guided also by the principles of international humanitarian law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 as well as international standards of human rights, in particular the Universal Declaration of Human Rights2 and the International Covenants on Human Rights,3 Recalling its relevant resolutions, including resolution 2443 (XXIII) of 19 December 1968, and relevant resolutions of the Commission on Human Rights, Recalling also relevant resolutions of the Security Council, Aware of the lasting impact of the uprising (intifada) of the Palestinian people, Convinced that occupation itself represents a gross violation of human rights, Gravely concerned about the continuation of the tragic events that have taken place since 28 September 2000, including the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in numerous deaths and injuries, Having considered the reports of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories4 and the relevant reports of the Secretary-General,5 _______________ 1 United Nations, Treaty Series, vol. 75, No. 973. 2 Resolution 217 A (III). 3 Resolution 2200 A (XXI), annex. 4 See A/56/428 and Add.1 and A/56/491. 5 A/56/214–219. A/RES/56/59 2 Recalling the signing of the Declaration of Principles on Interim Self- Government Arrangements by the Government of Israel and the Palestine Liberation Organization in Washington, D.C., on 13 September 1993,6 as well as the subsequent implementation agreements, including the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip signed in Washington, D.C., on 28 September 1995,7 Expressing the hope that, with the progress of the peace process, the Israeli occupation will be brought to an end and therefore violation of the human rights of the Palestinian people will cease, 1. Commends the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories for its efforts in performing the tasks assigned to it by the General Assembly and for its impartiality; 2. Demands that Israel cooperate with the Special Committee in implementing its mandate; 3. Deplores those policies and practices of Israel which violate the human rights of the Palestinian people and other Arabs of the occupied territories, as reflected in the reports of the Special Committee covering the reporting period; 4. Expresses grave concern about the situation in the Occupied Palestinian Territory, including Jerusalem, as a result of Israeli practices and measures, and especially condemns the excessive use of force in the past year which has resulted in more than seven hundred Palestinian deaths and tens of thousands of injuries; 5. Requests the Special Committee, pending complete termination of the Israeli occupation, to continue to investigate Israeli policies and practices in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967, especially Israeli lack of compliance with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 and to consult, as appropriate, with the International Committee of the Red Cross according to its regulations in order to ensure that the welfare and human rights of the peoples of the occupied territories are safeguarded and to report to the Secretary-General as soon as possible and whenever the need arises thereafter; 6. Also requests the Special Committee to submit regularly to the Secretary- General periodic reports on the current situation in the Occupied Palestinian Territory, including Jerusalem; 7. Further requests the Special Committee to continue to investigate the treatment of prisoners in the Occupied Palestinian Territory, including Jerusalem, and other Arab territories occupied by Israel since 1967; 8. Requests the Secretary-General: (a) To provide the Special Committee with all necessary facilities, including those required for its visits to the occupied territories, so that it may investigate the Israeli policies and practices referred to in the present resolution; _______________ 6 A/48/486-S/26560, annex. 7 A/51/889-S/1997/357, annex. A/RES/56/59 3 (b) To continue to make available such additional staff as may be necessary to assist the Special Committee in the performance of its tasks; (c) To circulate regularly to Member States the periodic reports mentioned in paragraph 6 above; (d) To ensure the widest circulation of the reports of the Special Committee and of information regarding its activities and findings, by all means available, through the Department of Public Information of the Secretariat and, where necessary, to reprint those reports of the Special Committee that are no longer available; (e) To report to the General Assembly at its fifty-seventh session on the tasks entrusted to him in the present resolution; 9. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “Report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories”.
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A/RES/57/110
Resolution adopted by the General Assembly [without reference to a Main Committee (A/57/L.37 and Add.1)] 57/110. Peaceful settlement of the question of Palestine The General Assembly, Recalling its relevant resolutions, including those adopted at the tenth emergency special session, Recalling also the relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973 and 1397 (2002) of 12 March 2002, Welcoming the affirmation by the Security Council of the vision of a region where two States, Israel and Palestine, live side by side within secure and recognized borders, Noting that it has been fifty-five years since the adoption of resolution 181 (II) of 29 November 1947 and thirty-five years since the occupation of Palestinian territory, including East Jerusalem, in 1967, Having considered the report of the Secretary-General submitted pursuant to the request made in its resolution 56/36 of 3 December 2001,1 Reaffirming the permanent responsibility of the United Nations with regard to the question of Palestine until the question is resolved in all its aspects, Convinced that achieving a final and peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a comprehensive and lasting peace in the Middle East, Aware that the principle of equal rights and self-determination of peoples is among the purposes and principles enshrined in the Charter of the United Nations, Affirming the principle of the inadmissibility of the acquisition of territory by war, Affirming also the illegality of the Israeli settlements in the territory occupied since 1967 and of Israeli actions aimed at changing the status of Jerusalem, _______________ 1 A/57/621-S/2002/1268. A/RES/57/110 2 Affirming once again the right of all States in the region to live in peace within secure and internationally recognized borders, Recalling the mutual recognition between the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,2 as well as the existing agreements concluded between the two sides, and the need for full compliance with those agreements, Noting with satisfaction the establishment of the Palestinian Authority and the holding of the first Palestinian general elections, as well as the preparations being undertaken for the second elections, Noting the appointment by the Secretary-General of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority, and its positive contribution, Welcoming the convening of the Conference to Support Middle East Peace in Washington, D.C., on 1 October 1993, as well as all follow-up meetings and the international mechanisms established to provide assistance to the Palestinian people, Expressing its grave concern at the tragic events in the Occupied Palestinian Territory, including East Jerusalem, since 28 September 2000 and the continued deterioration of the situation, including the rising number of deaths and injuries, mostly among Palestinian civilians, the deepening humanitarian crisis facing the Palestinian people and the widespread destruction of Palestinian property and infrastructure, both private and public, including many institutions of the Palestinian Authority, Expressing its grave concern also at the repeated incursions into Palestinian- controlled areas and the reoccupation of many Palestinian population centres by the Israeli occupying forces, Emphasizing the importance of the safety and well-being of all civilians in the whole Middle East region, and condemning all acts of violence and terror against civilians on both sides, Gravely concerned at the increased suffering and casualties on both the Palestinian and Israeli sides, the loss of confidence on both sides and the dire situation facing the Middle East peace process, Affirming the urgent need for the parties to cooperate with all international efforts, including the efforts of the Quartet of the United States of America, the Russian Federation, the European Union and the United Nations, to end the current tragic situation and to resume negotiations towards a final peace settlement, 1. Reaffirms the necessity of achieving a peaceful settlement of the question of Palestine, the core of the Arab-Israeli conflict, in all its aspects and of intensifying all efforts to that end; 2. Also reaffirms its full support for the Middle East peace process, which began in Madrid, and the existing agreements between the Israeli and Palestinian sides, stresses the necessity for the establishment of a comprehensive, just and lasting peace in the Middle East, and welcomes in this regard the efforts of the Quartet; _______________ 2 See A/48/486-S/26560, annex. A/RES/57/110 3 3. Welcomes the Arab Peace Initiative adopted by the Council of the League of Arab States at its fourteenth session, held in Beirut on 27 and 28 March 2002;3 4. Stresses the necessity for a commitment to the vision of the two-State solution and the principle of land for peace, as well as the implementation of Security Council resolutions 242 (1967), 338 (1973) and 1397 (2002); 5. Also stresses the need for a speedy end to the reoccupation of Palestinian population centres and for the complete cessation of all acts of violence, including military attacks, destruction and acts of terror; 6. Calls upon the concerned parties, the Quartet and other interested parties to exert all efforts and initiatives necessary to halt the deterioration of the situation and to reverse all measures taken on the ground since 28 September 2000, and to ensure the successful and speedy resumption of the peace process and the conclusion of a final peaceful settlement; 7. Stresses the need for: (a) The withdrawal of Israel from the Palestinian territory occupied since 1967; (b) The realization of the inalienable rights of the Palestinian people, primarily the right to self-determination and the right to their independent State; 8. Also stresses the need for resolving the problem of the Palestine refugees in conformity with its resolution 194 (III) of 11 December 1948; 9. Urges Member States to expedite the provision of economic, humanitarian and technical assistance to the Palestinian people and the Palestinian Authority during this critical period to help to alleviate the suffering of the Palestinian people, rebuild the Palestinian economy and infrastructure and support the restructuring and reform of Palestinian institutions; 10. Requests the Secretary-General to continue his efforts with the parties concerned, and in consultation with the Security Council, towards the attainment of a peaceful settlement of the question of Palestine and the promotion of peace in the region and to submit to the General Assembly at its fifty-eighth session a report on these efforts and on developments on this matter. 66th plenary meeting 3 December 2002 _______________ 3 A/56/1026-S/2002/932, annex II, resolution 14/221.
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A/RES/57/131
Resolution adopted by the General Assembly [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/57/524)] 57/131. Information from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations The General Assembly, Having examined the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the information from Non-Self-Governing Territories transmitted under Article 73 e of the Charter of the United Nations1 and the action taken by the Special Committee in respect of that information, Having also examined the report of the Secretary-General,2 Recalling its resolution 1970 (XVIII) of 16 December 1963, in which it requested the Special Committee to study the information transmitted to the Secretary-General in accordance with Article 73 e of the Charter of the United Nations and to take such information fully into account in examining the situation with regard to the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, Recalling also its resolution 56/65 of 10 December 2001, in which it requested the Special Committee to continue to discharge the functions entrusted to it under resolution 1970 (XVIII), Stressing the importance of timely transmission by the administering Powers of adequate information under Article 73 e of the Charter, in particular in relation to the preparation by the Secretariat of the working papers on the Territories concerned, 1. Reaffirms that, in the absence of a decision by the General Assembly itself that a Non-Self-Governing Territory has attained a full measure of self- _______________ 1 A/57/23 (Part II), chap. VIII. For the final text, see Official Records of the General Assembly, Fifty- seventh Session, Supplement No. 23. 2 A/57/74. A/RES/57/131 2 government in terms of Chapter XI of the Charter of the United Nations, the administering Power concerned should continue to transmit information under Article 73 e of the Charter with respect to that Territory; 2. Requests the administering Powers concerned to transmit or continue to transmit to the Secretary-General the information prescribed in Article 73 e of the Charter, as well as the fullest possible information on political and constitutional developments in the Territories concerned, within a maximum period of six months following the expiration of the administrative year in those Territories; 3. Requests the Secretary-General to continue to ensure that adequate information is drawn from all available published sources in connection with the preparation of the working papers relating to the Territories concerned; 4. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to continue to discharge the functions entrusted to it under General Assembly resolution 1970 (XVIII), in accordance with established procedures.
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A/RES/57/133
Resolution adopted by the General Assembly [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/57/526)] 57/133. Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations The General Assembly, Having considered the item entitled “Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples by the specialized agencies and the international institutions associated with the United Nations”, Having also considered the report of the Secretary-General on the item,1 Having examined the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the item,2 Recalling its resolutions 1514 (XV) of 14 December 1960 and 1541 (XV) of 15 December 1960 and the resolutions of the Special Committee, as well as other relevant resolutions and decisions, including in particular Economic and Social Council resolution 2001/28 of 26 July 2001, Bearing in mind the relevant provisions of the final documents of the successive Conferences of Heads of State or Government of Non-Aligned Countries and of the resolutions adopted by the Assembly of Heads of State and Government of the African Union, the Pacific Islands Forum and the Caribbean Community, Conscious of the need to facilitate the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in resolution 1514 (XV), Noting that the large majority of the remaining Non-Self-Governing Territories are small island Territories, _______________ 1 A/57/73. 2 A/57/23 (Part III), chap. XIII. For the final text, see Official Records of the General Assembly, Fifty- seventh Session, Supplement No. 23. A/RES/57/133 2 Welcoming the assistance extended to Non-Self-Governing Territories by certain specialized agencies and other organizations of the United Nations system, in particular the United Nations Development Programme, Also welcoming the current participation in the capacity of observers of those Non-Self-Governing Territories that are associate members of regional commissions in the world conferences in the economic and social sphere, subject to the rules of procedure of the General Assembly and in accordance with relevant United Nations resolutions and decisions, including resolutions and decisions of the Assembly and the Special Committee on specific Territories, Noting that only some specialized agencies and other organizations of the United Nations system have been involved in providing assistance to Non-Self- Governing Territories, Stressing that, because the development options of the small island Non-Self- Governing Territories are limited, there are special challenges to planning for and implementing sustainable development and that those Territories will be constrained in meeting the challenges without the continuing cooperation and assistance of the specialized agencies and other organizations of the United Nations system, Stressing also the importance of securing the necessary resources for funding expanded assistance programmes for the peoples concerned and the need to enlist the support of all major funding institutions within the United Nations system in that regard, Reaffirming the mandates of the specialized agencies and other organizations of the United Nations system to take all appropriate measures, within their respective spheres of competence, to ensure the full implementation of General Assembly resolution 1514 (XV) and other relevant resolutions, Expressing its appreciation to the African Union, the Pacific Islands Forum, the Caribbean Community and other regional organizations for the continued cooperation and assistance they have extended to the specialized agencies and other organizations of the United Nations system in this regard, Expressing its conviction that closer contacts and consultations between and among the specialized agencies and other organizations of the United Nations system and regional organizations help to facilitate the effective formulation of programmes of assistance to the peoples concerned, Mindful of the imperative need to keep under continuous review the activities of the specialized agencies and other organizations of the United Nations system in the implementation of the various United Nations decisions relating to decolonization, Bearing in mind the extremely fragile economies of the small island Non-Self- Governing Territories and their vulnerability to natural disasters, such as hurricanes, cyclones and sea-level rise, and recalling the relevant resolutions of the General Assembly, Recalling its resolution 56/67 of 10 December 2001 on the implementation of the Declaration by the specialized agencies and the international institutions associated with the United Nations, 1. Takes note of the report of the Secretary-General;1 2. Recommends that all States intensify their efforts in the specialized agencies and other organizations of the United Nations system to ensure the full and A/RES/57/133 3 effective implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV), and other relevant resolutions of the United Nations; 3. Reaffirms that the specialized agencies and other organizations and institutions of the United Nations system should continue to be guided by the relevant resolutions of the United Nations in their efforts to contribute to the implementation of the Declaration and all other relevant General Assembly resolutions; 4. Reaffirms also that the recognition by the General Assembly, the Security Council and other United Nations organs of the legitimacy of the aspirations of the peoples of the Non-Self-Governing Territories to exercise their right to self- determination entails, as a corollary, the extension of all appropriate assistance to those peoples; 5. Expresses its appreciation to those specialized agencies and other organizations of the United Nations system that have continued to cooperate with the United Nations and the regional and subregional organizations in the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations, and requests all the specialized agencies and other organizations of the United Nations system to implement the relevant provisions of those resolutions; 6. Requests the specialized agencies and other organizations of the United Nations system and international and regional organizations to examine and review conditions in each Territory so as to take appropriate measures to accelerate progress in the economic and social sectors of the Territories; 7. Urges those specialized agencies and organizations of the United Nations system that have not yet provided assistance to Non-Self-Governing Territories to do so as soon as possible; 8. Requests the specialized agencies and other organizations and institutions of the United Nations system and regional organizations to strengthen existing measures of support and formulate appropriate programmes of assistance to the remaining Non-Self-Governing Territories, within the framework of their respective mandates, in order to accelerate progress in the economic and social sectors of those Territories; 9. Requests the specialized agencies and other organizations of the United Nations system concerned to provide information on: (a) Environmental problems facing the Non-Self-Governing Territories; (b) The impact of natural disasters, such as hurricanes and volcanic eruptions, and other environmental problems, such as beach and coastal erosion and drought, on those Territories; (c) Ways and means to assist the Territories to fight drug trafficking, money- laundering and other illegal and criminal activities; (d) The illegal exploitation of the marine resources of the Territories and the need to utilize those resources for the benefit of the peoples of the Territories; 10. Recommends that the executive heads of the specialized agencies and other organizations of the United Nations system formulate, with the active cooperation of the regional organizations concerned, concrete proposals for the full A/RES/57/133 4 implementation of the relevant resolutions of the United Nations and submit the proposals to their governing and legislative organs; 11. Also recommends that the specialized agencies and other organizations of the United Nations system continue to review at the regular meetings of their governing bodies the implementation of General Assembly resolution 1514 (XV) and other relevant resolutions of the United Nations; 12. Welcomes the continuing initiative exercised by the United Nations Development Programme in maintaining close liaison among the specialized agencies and other organizations of the United Nations system and in providing assistance to the peoples of the Non-Self-Governing Territories; 13. Encourages Non-Self-Governing Territories to take steps to establish and/or strengthen disaster preparedness and management institutions and policies; 14. Requests the administering Powers concerned to facilitate, when appropriate, the participation of appointed and elected representatives of Non-Self- Governing Territories in the relevant meetings and conferences of the specialized agencies and other organizations of the United Nations system, in accordance with relevant United Nations resolutions and decisions, including resolutions and decisions of the General Assembly and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples on specific Territories, so that the Territories may benefit from the related activities of those agencies and organizations; 15. Recommends that all Governments intensify their efforts in the specialized agencies and other organizations of the United Nations system of which they are members to accord priority to the question of providing assistance to the peoples of the Non-Self-Governing Territories; 16. Requests the Secretary-General to continue to assist the specialized agencies and other organizations of the United Nations system in working out appropriate measures for implementing the relevant resolutions of the United Nations and to prepare for submission to the relevant bodies, with the assistance of those agencies and organizations, a report on the action taken in implementation of the relevant resolutions, including the present resolution, since the circulation of his previous report; 17. Commends the Economic and Social Council for its debate and resolution on this question, and requests it to continue to consider, in consultation with the Special Committee, appropriate measures for the coordination of the policies and activities of the specialized agencies and other organizations of the United Nations system in implementing the relevant resolutions of the General Assembly; 18. Requests the specialized agencies to report periodically to the Secretary- General on the implementation of the present resolution; 19. Requests the Secretary-General to transmit the present resolution to the governing bodies of the appropriate specialized agencies and international institutions associated with the United Nations so that those bodies may take the necessary measures to implement the resolution, and also requests the Secretary- General to report to the General Assembly at its fifty-eighth session on the implementation of the present resolution; A/RES/57/133 5 20. Requests the Special Committee to continue to examine the question and to report thereon to the General Assembly at its fifty-eighth session.
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A/RES/57/156
Resolution adopted by the General Assembly [without reference to a Main Committee (A/57/L.23/Rev.1 and Add.1)] 57/156. Cooperation between the United Nations and the Council of Europe The General Assembly, Recalling the Agreement between the Council of Europe and the Secretariat of the United Nations signed on 15 December 1951 and the Arrangement on Cooperation and Liaison between the secretariats of the United Nations and the Council of Europe of 19 November 1971, Acknowledging the contribution of the Council of Europe to the protection and strengthening of democracy, human rights and fundamental freedoms, including the protection of national minorities, and the rule of law on the European continent, including its activities against racism and intolerance, the promotion of gender equality, social development and a common cultural heritage, Acknowledging also that, with its significant expertise in the field of human rights, democratic institutions and the rule of law, the Council of Europe is contributing to conflict prevention, confidence-building and long-term post-conflict peace-building through political, legal and institutional reform, Stressing the importance of adherence to the standards and principles of the Council of Europe and its contribution to the solution of conflicts throughout the whole of Europe, Acknowledging the contribution of the Council of Europe to the development of international law, inter alia, international criminal law, Noting the increasing openness of the Council of Europe, through its legal instruments, to the participation of States of other regions, 1. Welcomes the report of the Secretary-General;1 2. Reiterates its appreciation for the ongoing fruitful cooperation and coordination between the United Nations and its agencies and the Council of Europe, both at the level of headquarters and in the field; _______________ 1 A/57/225. A/RES/57/156 2 3. Welcomes the further development of close cooperation between the Council of Europe, the Office of the United Nations High Commissioner for Human Rights, the Office of the United Nations High Commissioner for Refugees, the United Nations Children’s Fund and the Economic Commission for Europe; 4. Notes the role the Council of Europe has played in facilitating the entry into force of the Rome Statute of the International Criminal Court2 and the readiness of the Council to provide its member States with the appropriate assistance with a view to them becoming parties to and implementing the Rome Statute; 5. Expresses its appreciation for the contribution of the Council of Europe to the implementation of the Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001,3 including the follow- up action taken by the European Commission against Racism and Intolerance; 6. Notes the opening for signature on 3 May 2002 in Vilnius of Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms,4 concerning the abolition of the death penalty in all circumstances; 7. Expresses its appreciation for the substantial contribution of the Council of Europe to the special session of the General Assembly on children, held from 8 to 10 May 2002, and notes the adoption by the Council of the European Convention on the Exercise of Children’s Rights,5 which entered into force in 2000; 8. Also expresses its appreciation for the contributions of the Council of Europe to the International Conference on Financing for Development, held in Monterrey, Mexico, from 18 to 22 March 2002, and particularly to its follow-up process, through activities involving Governments, parliamentarians, local and regional authorities and civil society organizations, aimed at turning the commitments made at the Conference into specific actions; 9. Further expresses its appreciation for the substantial contribution of the Council of Europe to the World Summit on Sustainable Development, held in Johannesburg, South Africa, from 26 August to 4 September 2002, as well as its contributions to the follow-up work, for example, concerning education for sustainable development, carried out by its North-South Centre; 10. Commends strongly the contribution of the Council of Europe to international action against terrorism, welcomes the work of the Council’s Multidisciplinary Group on International Action against Terrorism aimed, inter alia, at strengthening legal cooperation in the fight against terrorism, and in this context welcomes the approval on 7 November 2002 by the Committee of Ministers at its one hundred and eleventh session of the content of the draft protocol amending the European Convention on the Suppression of Terrorism6 which was opened for signature in 1977; _______________ 2 Official Records of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 15 June–17 July 1998, vol. I: Final documents (United Nations publication, Sales No. E.02.I.5), sect. A. 3 See A/CONF.189/12 and Corr.1, chap. I. 4 Human Rights: A Compilation of International Instruments, vol. II: Regional Instruments (United Nations publication, Sales No. E.97.XIV.1), sect. B, No. 8. 5 Ibid., sect. B, No. 35. 6 United Nations, Treaty Series, vol. 1137, No. 17828. A/RES/57/156 3 11. Welcomes the assessment made by the Committee of Ministers at its one hundred and eleventh session on each of the three cornerstones it had defined in 2001 for the contribution of the Council of Europe to United Nations-led international action against terrorism, namely intensifying legal cooperation to combat terrorism, safeguarding fundamental values and investing in democracy; 12. Commends the Council of Europe for its contribution to the implementation of Security Council resolution 1373 (2001) of 28 September 2001, and takes note in this context of the Council of Europe’s Guidelines on Human Rights and the Fight against Terrorism, adopted by its Committee of Ministers on 11 July 20027 and referred to in the addendum to the report of the Secretary-General on measures to eliminate international terrorism;8 13. Welcomes the accession to the Council of Europe of Bosnia and Herzegovina on 24 April 2002, and expresses its appreciation for the cooperation and assistance the Council extends to this country in order to facilitate its compliance with Council standards of democracy, human rights and the rule of law; 14. Takes note of Opinion No. 239 adopted by the Parliamentary Assembly of the Council of Europe on 24 September 2002, in which the Assembly recommended that the Committee of Ministers, on the basis of a series of commitments accepted by the highest Yugoslav authorities, invite the Federal Republic of Yugoslavia to become a member of the Council as soon as the constitutional Charter had been adopted by the Parliaments of Serbia and Montenegro; 15. Notes that the Ministers of the forty-four member States, at the one hundred and eleventh session, reiterated their common will to see the Federal Republic of Yugoslavia become a member of the Council of Europe, while at the same time regretting that circumstances at present did not yet permit the adoption of an official invitation to the Federal Republic of Yugoslavia to join the Council; 16. Welcomes the ongoing participation of the Council of Europe in the implementation of Security Council resolution 1244 (1999) of 10 June 1999 and its cooperation with the United Nations Interim Administration Mission in Kosovo, and commends the role of the Council of Europe in the development of democratic institutions, inter alia, in respect of the decentralization process, human rights protection and the rule of law in accordance with the standards of the Council of Europe; 17. Commends the role of the Council of Europe with regard to the electoral process in Kosovo, Federal Republic of Yugoslavia, in preparation for the municipal elections which were held on 26 October 2002; 18. Welcomes the substantial contribution of the Council of Europe to the Stability Pact for South-Eastern Europe, in particular in the fields of democratization, local democracy, human rights and the rule of law, as well as cross-border cooperation and the fight against corruption, organized crime and money-laundering; 19. Commends the wide-ranging efforts of the Council of Europe to foster peace and stability in South-Eastern Europe; _______________ 7 A/57/313, annex I. 8 A/57/183/Add.1. A/RES/57/156 4 20. Welcomes the Vilnius Declaration on Regional Cooperation and the Consolidation of Democratic Stability in Greater Europe, adopted by the Committee of Ministers of the Council of Europe on 3 May 2002,9 and the efforts of the Council to promote cooperation among the regional organizations, initiatives and processes in Europe and between them and the United Nations and other international organizations; 21. Commends the work of the Council of Europe in relation to the protection of national minorities, in particular the monitoring by the Committee of Ministers of the implementation of the Framework Convention for the Protection of National Minorities;10 22. Reiterates its appreciation for the active role of the Council of Europe in the tripartite meetings between the United Nations, the Organization for Security and Cooperation in Europe and the Council; 23. Requests the Secretary-General to continue exploring, with the Secretary- General of the Council of Europe, possibilities for further enhancement of cooperation, information exchange and coordination between the United Nations and the Council; 24. Decides to include in the provisional agenda of its fifty-ninth session the sub-item entitled “Cooperation between the United Nations and the Council of Europe”, and requests the Secretary-General to submit to the General Assembly at its fifty-ninth session a report on cooperation between the United Nations and the Council of Europe in implementation of the present resolution. 75th plenary meeting 16 December 2002 _______________ 9 See A/56/942, annex II. 10 Human Rights: A Compilation of International Instruments, vol. II: Regional Instruments (United Nations publication, Sales No. E.97.XIV.1), sect. B, No. 34.
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A/RES/57/196
Resolution adopted by the General Assembly [on the report of the Third Committee (A/57/555)] 57/196. Use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination The General Assembly, Recalling its resolution 56/232 of 24 December 2001, and taking note of Commission on Human Rights resolution 2002/5 of 12 April 2002,1 Recalling also all of its relevant resolutions, in which, inter alia, it condemned any State that permitted or tolerated the recruitment, financing, training, assembly, transit and use of mercenaries with the objective of overthrowing the Governments of States Members of the United Nations, especially those of developing countries, or of fighting against national liberation movements, and recalling further the relevant resolutions and international instruments adopted by the Security Council, the Economic and Social Council and the Organization of African Unity, inter alia, the Organization of African Unity Convention for the elimination of mercenarism in Africa,2 Reaffirming the purposes and principles enshrined in the Charter of the United Nations concerning the strict observance of the principles of sovereign equality, political independence, the territorial integrity of States, the self-determination of peoples, the non-use of force or of the threat of use of force in international relations and non-interference in affairs within the domestic jurisdiction of States, Reaffirming also that, by virtue of the principle of self-determination, all peoples have the right freely to determine their political status and to pursue their economic, social and cultural development, and that every State has the duty to respect this right in accordance with the provisions of the Charter, Reaffirming further the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,3 _______________ 1 See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. 2 United Nations, Treaty Series, vol. 1490, No. 25573. 3 Resolution 2625 (XXV), annex. A/RES/57/196 2 Alarmed and concerned at the danger that the activities of mercenaries constitute to peace and security in developing countries, in particular in Africa and in small States, Deeply concerned at the loss of life, the substantial damage to property and the negative effects on the policy and economies of affected countries resulting from criminal mercenary activities, Convinced that, notwithstanding the way in which they are used or the form that they take to acquire some semblance of legitimacy, mercenaries or mercenary-related activities are a threat to peace, security and the self-determination of peoples and an obstacle to the enjoyment of human rights by peoples, 1. Welcomes the report of the Special Rapporteur of the Commission on Human Rights on the question of the use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination;4 2. Reaffirms that the use of mercenaries and their recruitment, financing and training are causes for grave concern to all States and violate the purposes and principles enshrined in the Charter of the United Nations; 3. Recognizes that armed conflict, terrorism, arms trafficking and covert operations by third Powers, inter alia, encourage the demand for mercenaries on the global market; 4. Urges all States to take the necessary steps and to exercise the utmost vigilance against the menace posed by the activities of mercenaries and to take legislative measures to ensure that their territories and other territories under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries for the planning of activities designed to impede the right of peoples to self-determination, to destabilize or overthrow the Government of any State or to dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States conducting themselves in compliance with the right of peoples to self-determination; 5. Stresses the importance of the entry into force of the International Convention against the Recruitment, Use, Financing and Training of Mercenaries,5 and calls upon all States that have not yet done so to consider taking the necessary action to sign, accede to or ratify it, as a matter of priority; 6. Welcomes the cooperation extended by those countries that have received visits from the Special Rapporteur; 7. Welcomes also the adoption by some States of national legislation that restricts the recruitment, assembly, financing, training and transit of mercenaries; 8. Calls upon States to investigate the possibility of mercenary involvement whenever and wherever criminal acts of a terrorist nature occur and to bring to trial those found responsible or to consider their extradition, if so requested, in accordance with domestic law and applicable bilateral or international treaties; 9. Welcomes the convening by the Office of the United Nations High Commissioner for Human Rights of the second meeting of experts on the question of traditional and new forms of mercenary activities as a means of violating human _______________ 4 See A/57/178. 5 Resolution 44/34, annex. A/RES/57/196 3 rights and impeding the exercise of the right of peoples to self-determination, and recognizes its contribution to the process of formulating a clearer legal definition of mercenaries that would make more efficient the prevention and punishment of mercenary activities; 10. Requests the Special Rapporteur to continue working to propose a clearer definition of mercenaries, including clear nationality criteria, based on his findings, the proposals of States and the outcomes of the meetings of experts, and to make suggestions on the procedure to be followed for international adoption of a new definition; 11. Requests the Office of the High Commissioner, as a matter of priority, to publicize the adverse effects of the activities of mercenaries on the right of peoples to self-determination and, when requested and where necessary, to render advisory services to States that are affected by the activities of mercenaries; 12. Requests the Special Rapporteur to continue taking into account in the discharge of his mandate the fact that mercenary activities continue to occur in many parts of the world and are taking on new forms, manifestations and modalities; 13. Urges all States to cooperate fully with the Special Rapporteur in the fulfilment of his mandate; 14. Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide the Special Rapporteur with all the necessary assistance and support for the fulfilment of his mandate, both professional and financial, including through the promotion of cooperation between the Special Rapporteur and other components of the United Nations system that deal with countering mercenary-related activities; 15. Requests the Special Rapporteur to consult States and intergovernmental and non-governmental organizations in the implementation of the present resolution and to report, with specific recommendations, to the General Assembly at its fifty-eighth session his findings on the use of mercenaries to undermine the right of peoples to self-determination; 16. Decides to consider at its fifty-eighth session the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination under the item entitled “Right of peoples to self-determination”.
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A/RES/57/198
Resolution adopted by the General Assembly [on the report of the Third Committee (A/57/555)] 57/198. The right of the Palestinian people to self-determination The General Assembly, Aware that the development of friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, is among the purposes and principles of the United Nations, as defined in the Charter, Recalling the International Covenants on Human Rights,1 the Universal Declaration of Human Rights,2 the Declaration on the Granting of Independence to Colonial Countries and Peoples3 and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993,4 Recalling also the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations,5 Recalling further the United Nations Millennium Declaration,6 Expressing the urgent need for the resumption of negotiations within the Middle East peace process on its agreed basis and for the speedy achievement of a final settlement between the Palestinian and Israeli sides, Affirming the right of all States in the region to live in peace within secure and internationally recognized borders, 1. Reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine; 2. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination. 77th plenary meeting 18 December 2002 _______________ 1 Resolution 2200 A (XXI), annex. 2 Resolution 217 A (III). 3 Resolution 1514 (XV). 4 A/CONF.157/24 (Part I), chap. III. 5 See resolution 50/6. 6 See resolution 55/2.
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A/RES/57/214
Resolution adopted by the General Assembly [on the report of the Third Committee (A/57/556/Add.2 and Corr.1–3)] 57/214. Extrajudicial, summary or arbitrary executions The General Assembly, Recalling the Universal Declaration of Human Rights,1 which guarantees the right to life, liberty and security of person, and the relevant provisions of the International Covenant on Civil and Political Rights,2 Having regard to the legal framework of the mandate of the Special Rapporteur of the Commission on Human Rights on extrajudicial, summary or arbitrary executions, including the provisions contained in Commission on Human Rights resolution 1992/72 of 5 March 19923 and General Assembly resolution 47/136 of 18 December 1992, Mindful of its resolutions on the subject of extrajudicial, summary or arbitrary executions, of which the most recent is resolution 55/111 of 4 December 2000, and resolutions of the Commission on Human Rights on the subject, and taking note of the most recent, resolution 2002/36 of 22 April 2002,4 Recalling Economic and Social Council resolution 1984/50 of 25 May 1984 and the safeguards guaranteeing protection of the rights of those facing the death penalty, annexed thereto, and Council resolution 1989/64 of 24 May 1989 on their implementation, as well as the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly in its resolution 40/34 of 29 November 1985, Recalling also Economic and Social Council resolution 1989/65 of 24 May 1989, in which the Council recommended the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, Dismayed that in a number of countries impunity, the negation of justice, continues to prevail and often remains the main cause of the continuing occurrence of extrajudicial, summary or arbitrary executions in those countries, _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 See Official Records of the Economic and Social Council, 1992, Supplement No. 2 (E/1992/22), chap. II, sect. A. 4 Ibid., 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. A/RES/57/214 2 Acknowledging the entry into force on 1 July 2002 of the Rome Statute establishing the International Criminal Court,5 thereby contributing to ensuring prosecution and the prevention of impunity concerning extrajudicial, summary or arbitrary executions, Convinced of the need for effective action to combat and to eliminate the abhorrent practice of extrajudicial, summary or arbitrary executions, which represent a flagrant violation of the right to life, 1. Strongly condemns once again all the extrajudicial, summary or arbitrary executions that continue to take place throughout the world; 2. Demands that all Governments ensure that the practice of extrajudicial, summary or arbitrary executions is brought to an end and that they take effective action to combat and eliminate the phenomenon in all its forms; 3. Acknowledges the historic significance of the establishment of the International Criminal Court on 1 July 2002, and the fact that a significant number of States have already signed, ratified or acceded to the Rome Statute,5 and calls upon all other States to consider becoming parties to the Statute; 4. Notes with deep concern that impunity continues to be a major cause of the perpetuation of violations of human rights, including extrajudicial, summary or arbitrary executions; 5. Reiterates the obligation of all Governments to conduct exhaustive and impartial investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to identify and bring to justice those responsible, while ensuring the right of every person to a fair and public hearing by a competent, independent and impartial tribunal established by law, to grant adequate compensation within a reasonable time to the victims or their families and to adopt all necessary measures, including legal and judicial measures, in order to bring an end to impunity and to prevent the further occurrence of such executions; 6. Reaffirms the obligation of Governments to ensure the protection of the right to life of all persons under their jurisdiction, and calls upon Governments concerned to investigate promptly and thoroughly all cases of killings committed in the name of passion or in the name of honour, all killings committed for any discriminatory reason, including sexual orientation, racially motivated violence leading to the death of the victim, killings of persons for reasons related to their peaceful activities as human rights defenders or as journalists, as well as other cases where a person’s right to life has been violated, and to bring those responsible to justice before a competent, independent and impartial judiciary and ensure that such killings, including killings committed by security forces, paramilitary groups or private forces, are neither condoned nor sanctioned by government officials or personnel; 7. Urges Governments to undertake all necessary and possible measures to prevent loss of life, in particular that of children, during public demonstrations, internal and communal violence, civil unrest and public emergencies or armed conflicts, and to ensure that the police and security forces receive thorough training in human rights matters, in particular with regard to restrictions on the use of force _______________ 5 Official Records of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 15 June–17 July 1998, vol. I: Final documents (United Nations publication, Sales No. E.02.I.5), sect. A. A/RES/57/214 3 and firearms in the discharge of their functions, and that they act with restraint and respect international human rights standards when carrying out their duties; 8. Stresses the importance of States taking effective measures to end impunity with regard to extrajudicial, summary or arbitrary executions, inter alia, through the adoption of preventive measures, and calls upon Governments to ensure that such measures are included in post-conflict peace-building measures; 9. Encourages Governments, intergovernmental and non-governmental organizations to organize training programmes and to support projects with a view to training or educating military forces, law enforcement officers and government officials in human rights and humanitarian law issues connected with their work, and appeals to the international community and requests the Office of the United Nations High Commissioner for Human Rights to support endeavours to that end; 10. Reaffirms Economic and Social Council decision 2001/266 of 24 July 2001, in which the Council endorsed the decision of the Commission on Human Rights, in its resolution 2001/45 of 23 April 2001,6 to extend the mandate of the Special Rapporteur of the Commission on Human Rights on extrajudicial, summary or arbitrary executions for three years; 11. Takes note of the interim report of the Special Rapporteur to the General Assembly7 and the recommendations contained therein; 12. Recalls that the Commission, in its resolution 2001/45, requested the Special Rapporteur, in carrying out her mandate: (a) To continue to examine situations of extrajudicial, summary or arbitrary executions and to submit her findings on an annual basis, together with conclusions and recommendations, to the Commission, as well as such reports as the Special Rapporteur deems necessary in order to keep the Commission informed about serious situations of extrajudicial, summary or arbitrary executions that warrant its immediate attention; (b) To respond effectively to information that comes before her, in particular when an extrajudicial, summary or arbitrary execution is imminent or seriously threatened or when such an execution has occurred; (c) To enhance further her dialogue with Governments, as well as to follow up on recommendations made in reports after visits to particular countries; (d) To continue to pay special attention to extrajudicial, summary or arbitrary executions of children and to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations or against persons belonging to minorities; (e) To continue to pay special attention to extrajudicial, summary or arbitrary executions where the victims are individuals carrying out peaceful activities in defence of human rights and fundamental freedoms; (f) To continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the comments made by the Human Rights Committee _______________ 6 See Official Records of the Economic and Social Council, 2001, Supplement No. 3 (E/2001/23), chap. II, sect. A. 7 A/57/138. A/RES/57/214 4 in its interpretation of article 6 of the International Covenant on Civil and Political Rights,2 as well as the Second Optional Protocol thereto;8 (g) To apply a gender perspective in her work; 13. Recognizes the importance of raising awareness for the elimination of extrajudicial, summary or arbitrary executions, for which impunity should be neither condoned nor tolerated, and of stressing that extrajudicial, summary or arbitrary executions are a flagrant violation of human rights, in particular the right to life, of which no one should be arbitrarily deprived, and in this regard encourages the Special Rapporteur to continue, within her mandate, to collect information from all concerned, to respond effectively to reliable information that comes before her, to follow up on communications and country visits and to seek the views and comments of Governments and to reflect them, as appropriate, in her reports; 14. Urges the Special Rapporteur to continue, within her mandate, to bring to the attention of the United Nations High Commissioner for Human Rights situations of extrajudicial, summary or arbitrary executions which are of particularly serious concern or where early action might prevent further deterioration; 15. Welcomes the cooperation established between the Special Rapporteur and other United Nations mechanisms and procedures relating to human rights, as well as with medical and forensic experts, and encourages the Special Rapporteur to continue efforts in that regard; 16. Strongly urges all Governments, in particular those who have not yet done so, to respond without undue delay to the communications and requests for information transmitted to them by the Special Rapporteur, and urges them and all others concerned to cooperate with and assist the Special Rapporteur so that she may carry out her mandate effectively, including, where appropriate, by issuing invitations to the Special Rapporteur when she so requests; 17. Expresses its appreciation to those Governments that have invited the Special Rapporteur to visit their countries, asks them to examine carefully the recommendations made by the Special Rapporteur, invites them to report to the Special Rapporteur on the actions taken on those recommendations, and requests other Governments to cooperate in a similar way; 18. Calls upon the Governments of all States in which the death penalty has not been abolished to comply with their obligations under relevant provisions of international human rights instruments, keeping in mind the safeguards and guarantees referred to in Economic and Social Council resolutions 1984/50 and 1989/64; 19. Again requests the Secretary-General to continue to use his best endeavours in cases where the minimum standards of legal safeguards provided for in articles 6, 9, 14 and 15 of the International Covenant on Civil and Political Rights appear not to have been respected; 20. Requests the Secretary-General to provide the Special Rapporteur with adequate human, financial and material resources to enable her to carry out her mandate effectively, including through country visits; _______________ 8 Resolution 44/128, annex. A/RES/57/214 5 21. Also requests the Secretary-General to continue, in close collaboration with the High Commissioner, in conformity with the mandate of the High Commissioner established by the General Assembly in its resolution 48/141 of 20 December 1993, to ensure that personnel specialized in human rights and humanitarian law issues form part of United Nations missions, where appropriate, in order to deal with serious violations of human rights, such as extrajudicial, summary or arbitrary executions; 22. Requests the Special Rapporteur to submit an interim report to the General Assembly at its fifty-ninth session on the situation worldwide in regard to extrajudicial, summary or arbitrary executions and her recommendations for more effective action to combat that phenomenon.
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A/RES/57/228A
Resolution adopted by the General Assembly [on the report of the Third Committee (A/57/556/Add.2 and Corr.1-3)] 57/228. Khmer Rouge trials The General Assembly, Recalling that the serious violations of Cambodian and international law during the period of Democratic Kampuchea from 1975 to 1979 continue to be matters of vitally important concern to the international community as a whole, Recognizing the legitimate concern of the Government and the people of Cambodia in the pursuit of justice and national reconciliation, stability, peace and security, Recognizing also that the accountability of individual perpetrators of grave human rights violations is one of the central elements of any effective remedy for victims of human rights violations and a key factor in ensuring a fair and equitable justice system and, ultimately, reconciliation and stability within a State, Conscious that the opportunity to bring those responsible to justice may soon be lost, Recalling the request made in June 1997 by the Cambodian authorities for assistance in responding to past serious violations of Cambodian and international law, Recalling also its resolution 56/169 of 19 December 2001, taking note of Commission on Human Rights resolution 2002/89 of 26 April 2002,1 and recalling further previous relevant resolutions, Welcoming the efforts of, and the substantial progress made by, the Secretary-General and the Government of Cambodia towards the establishment of Extraordinary Chambers within the existing court structure of Cambodia (hereinafter referred to as Extraordinary Chambers), with international assistance, for the prosecution of crimes committed during the period of Democratic Kampuchea, Welcoming in particular the promulgation of the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of _______________ 1 See Official Records of the Economic and Social Council, 2002, Supplement No.3 (E/2002/23), chap. II, sect. A. A/RES/57/228 2 Crimes Committed during the Period of Democratic Kampuchea, and noting with appreciation the general provisions and competence of the Law and its provision for a role for the United Nations, Noting the statements of the Secretary-General on 8 February and 20 August 2002 concerning negotiations between the Secretary-General and the Government of Cambodia on the establishment of the Extraordinary Chambers, Welcoming the subsequent discussions between the Secretary-General and the Government of Cambodia on the establishment of the Extraordinary Chambers, Welcoming also the Joint Communiqué of the thirty-fifth Ministerial Meeting of the Association of South-East Asian Nations, held in Brunei Darussalam on 29 and 30 July 2002, which, inter alia, expressed support for the continued efforts of the Government of Cambodia to bring the senior leaders of Democratic Kampuchea and those most responsible for serious crimes committed to trial in accordance with international standards of justice, fairness and due process of law and recognized the need for the Government of Cambodia and the United Nations to cooperate in this regard, Desiring that the international community continue to respond positively in assisting efforts to investigate the tragic history of Cambodia, including responsibility for past international crimes such as acts of genocide and crimes against humanity committed during the regime of Democratic Kampuchea, 1. Requests the Secretary-General to resume negotiations, without delay, to conclude an agreement with the Government of Cambodia, based on previous negotiations on the establishment of the Extraordinary Chambers consistent with the provisions of the present resolution, so that the Extraordinary Chambers may begin to function promptly; 2. Recommends that the Extraordinary Chambers should have subject-matter jurisdiction consistent with that set forth in the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea; 3. Recommends also that the Extraordinary Chambers should have personal jurisdiction over the senior leaders of Democratic Kampuchea and those who were most responsible for the crimes referred to in paragraph 2 above; 4. Emphasizes that the arrangements for the establishment of Extraordinary Chambers, as devised in particular by the Royal Government of Cambodia, should: (a) Ensure that the Extraordinary Chambers exercise their jurisdiction in accordance with international standards of justice, fairness and due process of law, as set out in articles 14 and 15 of the International Covenant on Civil and Political Rights;2 (b) Include arrangements for an appellate chamber; 5. Also emphasizes the importance of ensuring the impartiality, independence and credibility of the process, in particular with regard to the status and work of the judges and prosecutors; _______________ 2 See resolution 2200 A (XXI), annex. A/RES/57/228 3 6. Appeals to the Government of Cambodia to ensure that persons referred to in paragraph 3 above are brought to trial in accordance with international standards of justice, fairness and due process of law, as referred to in paragraph 4 above, and notes the assurances of the Government of Cambodia in this regard; 7. Requests the Secretary-General to report to the General Assembly on the implementation of the present resolution, in particular on his consultations and negotiations with the Government of Cambodia concerning the establishment of the Extraordinary Chambers, no later than ninety days from the date of adoption of the resolution; 8. Also requests the Secretary-General, if necessary, to send a team of experts to Cambodia as may be required for the preparation of his report; 9. Further requests the Secretary-General to include in his report recommendations for the efficient and cost-effective operation of the Extraordinary Chambers, including the amount of voluntary contributions of funds, equipment and services to the Extraordinary Chambers, inter alia, through the offer of expert personnel, that may be needed from States, intergovernmental organizations and non-governmental organizations; 10. Appeals to the international community to provide personnel and financial and other assistance to permit the early establishment and the sustained operation of the Extraordinary Chambers.
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A/RES/57/54
Resolution adopted by the General Assembly [on the report of the First Committee (A/57/506)] 57/54. Role of science and technology in the context of international security and disarmament The General Assembly, Recognizing that scientific and technological developments can have both civilian and military applications and that progress in science and technology for civilian applications needs to be maintained and encouraged, Concerned that military applications of scientific and technological developments can contribute significantly to the improvement and upgrading of advanced weapons systems and, in particular, weapons of mass destruction, Aware of the need to follow closely the scientific and technological developments that may have a negative impact on international security and disarmament, and to channel scientific and technological developments for beneficial purposes, Cognizant that the international transfers of dual-use as well as high- technology products, services and know-how for peaceful purposes are important for the economic and social development of States, Also cognizant of the need to regulate such transfers of dual-use goods and technologies and high technology with military applications through multilaterally negotiated, universally applicable, non-discriminatory guidelines, Expressing concern about the growing proliferation of ad hoc and exclusive export control regimes and arrangements for dual-use goods and technologies, which tend to impede the economic and social development of developing countries, Recalling that in the Final Document of the Twelfth Conference of Heads of State or Government of Non-Aligned Countries, held in Durban, South Africa, from 29 August to 3 September 1998,1 it was noted with concern that undue restrictions on exports to developing countries of material, equipment and technology for peaceful purposes persist, _______________ 1 A/53/667-S/1998/1071, annex I. A/RES/57/54 2 Emphasizing that internationally negotiated guidelines for the transfer of high technology with military applications should take into account the legitimate defence requirements of all States and the requirements for the maintenance of international peace and security, while ensuring that access to high-technology products and services and know-how for peaceful purposes is not denied, 1. Affirms that scientific and technological progress should be used for the benefit of all mankind to promote the sustainable economic and social development of all States and to safeguard international security, and that international cooperation in the use of science and technology through the transfer and exchange of technological know-how for peaceful purposes should be promoted; 2. Invites Member States to undertake additional efforts to apply science and technology for disarmament-related purposes and to make disarmament-related technologies available to interested States; 3. Urges Member States to undertake multilateral negotiations with the participation of all interested States in order to establish universally acceptable, non- discriminatory guidelines for international transfers of dual-use goods and technologies and high technology with military applications; 4. Encourages United Nations bodies to contribute, within existing mandates, to promoting the application of science and technology for peaceful purposes; 5. Decides to include in the provisional agenda of its fifty-eighth session the item entitled “Role of science and technology in the context of international security and disarmament”.
AFGHANISTAN
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A/RES/57/73
Resolution adopted by the General Assembly [on the report of the First Committee (A/57/510)] 57/73. Nuclear-weapon-free southern hemisphere and adjacent areas The General Assembly, Recalling its resolutions 51/45 B of 10 December 1996, 52/38 N of 9 December 1997, 53/77 Q of 4 December 1998, 54/54 L of 1 December 1999, 55/33 I of 20 November 2000 and 56/24 G of 29 November 2001, Welcoming the adoption by the Disarmament Commission at its 1999 substantive session of a text entitled “Establishment of nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the region concerned”,1 Welcoming also the ratification by Cuba of the Treaty of Tlatelolco,2 which fulfils the establishment of the first inhabited nuclear-weapon-free zone, encompassing all States of Latin America and the Caribbean, Welcoming further the ratification by the Kingdom of Tonga of the Treaty of Rarotonga,3 in December 2001, which completes the list of original parties to the South Pacific nuclear-free-zone treaty, Welcoming the endorsement from heads of State and Government at the thirty- third Pacific Islands Forum, held in Suva from 15 to 17 August 2002, for a nuclear- weapon-free southern hemisphere, Welcoming also the meeting between the Secretary General of the Agency for the Prohibition of Nuclear Weapons in Latin America and the Caribbean and representatives of the Pacific Islands Forum secretariat, held in New York in April 2002, aimed at identifying areas for further cooperation, Determined to pursue the total elimination of nuclear weapons, Determined also to continue to contribute to the prevention of the proliferation of nuclear weapons in all its aspects and to the process of general and complete _______________ 1 Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 42 (A/54/42), annex I. 2 United Nations, Treaty Series, vol. 634, No. 9068. 3 See The United Nations Disarmament Yearbook, vol. 10: 1985 (United Nations publication, Sales No. E.86.IX.7), appendix VII. A/RES/57/73 2 disarmament under strict and effective international control, in particular in the field of nuclear weapons and other weapons of mass destruction, with a view to strengthening international peace and security, in accordance with the purposes and principles of the Charter of the United Nations, Recalling the provisions on nuclear-weapon-free zones of the Final Document of the Tenth Special Session of the General Assembly,4 the first special session devoted to disarmament, Stressing the importance of the treaties of Tlatelolco,2 Rarotonga,3 Bangkok5 and Pelindaba,6 establishing nuclear-weapon-free zones, as well as the Antarctic Treaty,7 to, inter alia, achieve a world entirely free of nuclear weapons, Underlining the value of enhancing cooperation among the nuclear-weapon- free zone treaty members by means of mechanisms such as joint meetings of States parties, signatories and observers to those treaties, Recalling the applicable principles and rules of international law relating to the freedom of the high seas and the rights of passage through maritime space, including those of the United Nations Convention on the Law of the Sea,8 1. Welcomes the continued contribution that the Antarctic Treaty7 and the treaties of Tlatelolco,2 Rarotonga,3 Bangkok5 and Pelindaba6 are making towards freeing the southern hemisphere and adjacent areas covered by those treaties from nuclear weapons; 2. Calls for the ratification of the treaties of Rarotonga and Pelindaba by all States of the region, and calls upon all concerned States to continue to work together in order to facilitate adherence to the protocols to nuclear-weapon-free zone treaties by all relevant States that have not yet done so; 3. Welcomes the steps taken to conclude further nuclear-weapon-free zone treaties on the basis of arrangements freely arrived at among the States of the region concerned, and calls upon all States to consider all relevant proposals, including those reflected in its resolutions on the establishment of nuclear-weapon-free zones in the Middle East and South Asia; 4. Affirms its conviction of the important role of nuclear-weapon-free zones in strengthening the nuclear non-proliferation regime and in extending the areas of the world that are nuclear-weapon-free, and, with particular reference to the responsibilities of the nuclear-weapon States, calls upon all States to support the process of nuclear disarmament and to work for the total elimination of all nuclear weapons; 5. Calls upon the States parties and signatories to the treaties of Tlatelolco, Rarotonga, Bangkok and Pelindaba, in order to pursue the common goals envisaged in those treaties and to promote the nuclear-weapon-free status of the southern _______________ 4 Resolution S-10/2. 5 Treaty on the South-East Asia Nuclear-Weapon-Free Zone. 6 A/50/426, annex. 7 United Nations, Treaty Series, vol. 402, No. 5778. 8 See The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 with Index and Excerpts from the Final Act of the Third United Nations Conference on the Law of the Sea (United Nations publication, Sales No. E.97.V.10). A/RES/57/73 3 hemisphere and adjacent areas, to explore and implement further ways and means of cooperation among themselves and their treaty agencies; 6. Welcomes the vigorous efforts being made among States parties and signatories to those treaties to promote their common objectives, and considers that an international conference of States parties and signatories to the nuclear-weapon- free-zone treaties might be held to support the common goals envisaged in those treaties; 7. Encourages the competent authorities of the nuclear-weapon-free-zone treaties to provide assistance to the States parties and signatories to those treaties so as to facilitate the accomplishment of these goals; 8. Decides to include in the provisional agenda of its fifty-eighth session the item entitled “Nuclear-weapon-free southern hemisphere and adjacent areas”.
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A/RES/57/75
Resolution adopted by the General Assembly [on the report of the First Committee (A/57/510)] 57/75. Transparency in armaments The General Assembly, Recalling its resolutions 46/36 L of 9 December 1991, 47/52 L of 15 December 1992, 48/75 E of 16 December 1993, 49/75 C of 15 December 1994, 50/70 D of 12 December 1995, 51/45 H of 10 December 1996, 52/38 R of 9 December 1997, 53/77 V of 4 December 1998, 54/54 O of 1 December 1999, 55/33 U of 20 November 2000 and 56/24 Q of 29 November 2001 entitled “Transparency in armaments”, Continuing to take the view that an enhanced level of transparency in armaments contributes greatly to confidence-building and security among States and that the establishment of the United Nations Register of Conventional Arms1 constitutes an important step forward in the promotion of transparency in military matters, Welcoming the consolidated report of the Secretary-General on the Register,2 which includes the returns of Member States for 2001, Welcoming also the response of Member States to the request contained in paragraphs 9 and 10 of resolution 46/36 L to provide data on their imports and exports of arms, as well as available background information regarding their military holdings, procurement through national production and relevant policies, Stressing that the continuing operation of the Register and its further development should be reviewed in order to secure a Register that is capable of attracting the widest possible participation, 1. Reaffirms its determination to ensure the effective operation of the United Nations Register of Conventional Arms,1 as provided for in paragraphs 7 to 10 of resolution 46/36 L; 2. Calls upon Member States, with a view to achieving universal participation, to provide the Secretary-General by 31 May annually with the requested data and information for the Register, including nil reports if appropriate, _______________ 1 See resolution 46/36 L. 2 A/57/221 and Corr.1 and Add.1 and 2. A/RES/57/75 2 on the basis of resolutions 46/36 L and 47/52 L, the recommendations contained in paragraph 64 of the 1997 report of the Secretary-General on the continuing operation of the Register and its further development3 and the recommendations contained in paragraph 94 of the 2000 report of the Secretary-General and the appendices and annexes thereto;4 3. Invites Member States in a position to do so, pending further development of the Register, to provide additional information on procurement from national production and military holdings and to make use of the “Remarks” column in the standardized reporting form to provide additional information such as types or models; 4. Reaffirms its decision, with a view to further development of the Register, to keep the scope of and participation in the Register under review and, to that end: (a) Recalls its request to Member States to provide the Secretary-General with their views on the continuing operation of the Register and its further development and on transparency measures related to weapons of mass destruction; (b) Requests the Secretary-General, with the assistance of a group of governmental experts to be convened in 2003, on the basis of equitable geographical representation, to prepare a report on the continuing operation of the Register and its further development, taking into account the work of the Conference on Disarmament, the views expressed by Member States and the reports of the Secretary-General on the continuing operation of the Register and its further development, with a view to a decision at its fifty-eighth session; 5. Requests the Secretary-General to implement the recommendations contained in his 2000 report on the continuing operation of the Register and its further development and to ensure that sufficient resources are made available for the Secretariat to operate and maintain the Register; 6. Invites the Conference on Disarmament to consider continuing its work undertaken in the field of transparency in armaments; 7. Reiterates its call upon all Member States to cooperate at the regional and subregional levels, taking fully into account the specific conditions prevailing in the region or subregion, with a view to enhancing and coordinating international efforts aimed at increased openness and transparency in armaments; 8. Requests the Secretary-General to report to the General Assembly at its fifty-eighth session on progress made in implementing the present resolution; 9. Decides to include in the provisional agenda of its fifty-eighth session the item entitled “Transparency in armaments”. 57th plenary meeting 22 November 2002 _______________ 3 A/52/316 and Corr.2. 4 A/55/281.
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A/RES/58/100
Resolution adopted by the General Assembly on 9 December 2003 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/58/473 and Corr.1)] 58/100. The occupied Syrian Golan The General Assembly, Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories,1 Deeply concerned that the Syrian Golan, occupied since 1967, has been under continued Israeli military occupation, Recalling Security Council resolution 497 (1981) of 17 December 1981, Recalling also its previous relevant resolutions, the last of which was resolution 57/128 of 11 December 2002, Having considered the report of the Secretary-General submitted in pursuance of resolution 57/128,2 Recalling its previous relevant resolutions in which, inter alia, it called upon Israel to put an end to its occupation of the Arab territories, Reaffirming once more the illegality of the decision of 14 December 1981 taken by Israel to impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has resulted in the effective annexation of that territory, Reaffirming that the acquisition of territory by force is inadmissible under international law, including the Charter of the United Nations, Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 to the occupied Syrian Golan, Bearing in mind Security Council resolution 237 (1967) of 14 June 1967, _______________ 1 A/58/311. 2 A/58/264. 3 United Nations, Treaty Series, vol. 75, No. 973. A/RES/58/100 2 Welcoming the convening at Madrid of the Peace Conference on the Middle East on the basis of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of 22 October 1973 aimed at the realization of a just, comprehensive and lasting peace, and expressing grave concern about the stalling of the peace process on all tracks, 1. Calls upon Israel, the occupying Power, to comply with the relevant resolutions on the occupied Syrian Golan, in particular Security Council resolution 497 (1981), in which the Council, inter alia, decided that the Israeli decision to impose its laws, jurisdiction and administration on the occupied Syrian Golan was null and void and without international legal effect, and demanded that Israel, the occupying Power, rescind forthwith its decision; 2. Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan and in particular to desist from the establishment of settlements; 3. Determines that all legislative and administrative measures and actions taken or to be taken by Israel, the occupying Power, that purport to alter the character and legal status of the occupied Syrian Golan are null and void, constitute a flagrant violation of international law and of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,3 and have no legal effect; 4. Calls upon Israel to desist from imposing Israeli citizenship and Israeli identity cards on the Syrian citizens in the occupied Syrian Golan and from its repressive measures against the population of the occupied Syrian Golan; 5. Deplores the violations by Israel of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949; 6. Calls once again upon Member States not to recognize any of the legislative or administrative measures and actions referred to above; 7. Requests the Secretary-General to report to the General Assembly at its fifty-ninth session on the implementation of the present resolution.
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A/RES/58/113
Resolution adopted by the General Assembly on 17 December 2003 [without reference to a Main Committee (A/58/L.33/Rev.1 and Add.1)] 58/113. Assistance to the Palestinian people The General Assembly, Recalling its resolution 57/147 of 16 December 2002, as well as previous resolutions on the question, Recalling also the signing of the Declaration of Principles on Interim Self- Government Arrangements in Washington, D.C., on 13 September 1993, by the Government of the State of Israel and the Palestine Liberation Organization, the representative of the Palestinian people,1 and the subsequent implementation agreements concluded by the two sides, Gravely concerned at the deterioration in the living conditions of the Palestinian people throughout the occupied territory, which constitutes a mounting humanitarian crisis, Conscious of the urgent need for improvement in the economic and social infrastructure of the occupied territory, Aware that development is difficult under occupation and is best promoted in circumstances of peace and stability, Noting the great economic and social challenges facing the Palestinian people and their leadership, Conscious of the urgent necessity for international assistance to the Palestinian people, taking into account the Palestinian priorities, Welcoming the results of the Conference to Support Middle East Peace, convened in Washington, D.C., on 1 October 1993, the establishment of the Ad Hoc Liaison Committee and the work being done by the World Bank as its secretariat and the establishment of the Consultative Group, as well as all follow-up meetings and international mechanisms established to provide assistance to the Palestinian people, _______________ 1 A/48/486-S/26560, annex. A/RES/58/113 2 Welcoming also the work of the Joint Liaison Committee, which provides a forum in which economic policy and practical matters related to donor assistance are discussed with the Palestinian Authority, Stressing the continued importance of the work of the Ad Hoc Liaison Committee in the coordination of assistance to the Palestinian people, Noting the convening of the Ad Hoc Liaison Committee meetings, held in London on 18 and 19 February 2003 and in Rome on 10 December 2003, to review the state of the Palestinian economy, Stressing the need for the full engagement of the United Nations in the process of building Palestinian institutions and in providing broad assistance to the Palestinian people, and welcoming in this regard the support to the Palestinian Authority by the Task Force on Palestinian Reform established by the Quartet in 2002, Noting, in this regard, the active participation of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority in the activities of the Special Envoys of the Quartet, Welcoming the endorsement by the Security Council, in its resolution 1515 (2003) of 19 November 2003, of the performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict,2 and stressing the need for its implementation and compliance with its provisions, Having considered the report of the Secretary-General,3 Expressing grave concern at the continuation of the recent tragic and violent events that have led to many deaths and injuries, 1. Takes note of the report of the Secretary-General;3 2. Also takes note of the report of the Personal Humanitarian Envoy of the Secretary-General on the humanitarian conditions and needs of the Palestinian people;4 3. Expresses its appreciation to the Secretary-General for his rapid response and efforts regarding assistance to the Palestinian people; 4. Also expresses its appreciation to the Member States, United Nations bodies and intergovernmental, regional and non-governmental organizations that have provided and continue to provide assistance to the Palestinian people; 5. Stresses the importance of the work of the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization and the Palestinian Authority and of the steps taken under the auspices of the Secretary-General to ensure the achievement of a coordinated mechanism for United Nations activities throughout the occupied territories; 6. Urges Member States, international financial institutions of the United Nations system, intergovernmental and non-governmental organizations and _______________ 2 S/2003/529, annex. 3 A/58/88-E/2003/84 and Corr.1. 4 Available on the Internet at http://domino.un.org/bertini_ rpt.htm. A/RES/58/113 3 regional and interregional organizations to extend, as rapidly and as generously as possible, economic and social assistance to the Palestinian people, in close cooperation with the Palestine Liberation Organization and through official Palestinian institutions; 7. Calls upon relevant organizations and agencies of the United Nations system to intensify their assistance in response to the urgent needs of the Palestinian people in accordance with Palestinian priorities set forth by the Palestinian Authority; 8. Urges Member States to open their markets to exports of Palestinian products on the most favourable terms, consistent with appropriate trading rules, and to implement fully existing trade and cooperation agreements; 9. Calls upon the international donor community to expedite the delivery of pledged assistance to the Palestinian people to meet their urgent needs; 10. Stresses, in this context, the importance of ensuring the free passage of aid to the Palestinian people and the free movement of persons and goods; 11. Urges the international donor community, United Nations agencies and organizations and non-governmental organizations to extend as rapidly as possible emergency economic and humanitarian assistance to the Palestinian people to counter the impact of the current crisis; 12. Stresses the need to implement the Paris Protocol on Economic Relations of 29 April 1994, fifth annex to the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed in Washington, D.C., on 28 September 1995,5 in particular with regard to the full and prompt clearance of Palestinian indirect tax revenues, and welcomes the progress made in this regard; 13. Suggests the convening in 2004 of a United Nations-sponsored seminar on assistance to the Palestinian people; 14. Requests the Secretary-General to submit a report to the General Assembly at its fifty-ninth session, through the Economic and Social Council, on the implementation of the present resolution, containing: (a) An assessment of the assistance actually received by the Palestinian people; (b) An assessment of the needs still unmet and specific proposals for responding effectively to them; 15. Decides to include in the provisional agenda of its fifty-ninth session the sub-item entitled “Assistance to the Palestinian people”. 75th plenary meeting 17 December 2003 _______________ 5 A/51/889-S/1997/357, annex.
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A/RES/58/174
Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/508/Add.2)] 58/174. Human rights and terrorism The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,1 the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations2 and the International Covenants on Human Rights,3 Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations,4 as well as the Declaration on Measures to Eliminate International Terrorism,5 Recalling also the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993,6 in which the Conference reaffirmed that the acts, methods and practices of terrorism in all its forms and manifestations, as well as its linkage in some countries to drug trafficking, are activities aimed at the destruction of human rights, fundamental freedoms and democracy, threatening territorial integrity and the security of States and destabilizing legitimately constituted Governments, and that the international community should take the necessary steps to enhance cooperation to prevent and combat terrorism, Recalling further the United Nations Millennium Declaration adopted by the General Assembly,7 Recalling, in this regard, the reference in the report of the Secretary-General on the implementation of the Millennium Declaration to the fact that terrorism itself is a violation of human rights and must be combated as such and that efforts at _______________ 1 Resolution 217 A (III). 2 Resolution 2625 (XXV), annex. 3 Resolution 2200 A (XXI), annex. 4 See resolution 50/6. 5 Resolution 49/60, annex. 6 A/CONF.157/24 (Part I), chap. III. 7 See resolution 55/2. A/RES/58/174 2 combating it must be pursued, however, in full compliance with established international norms,8 Recalling also its resolutions 48/122 of 20 December 1993, 49/185 of 23 December 1994, 50/186 of 22 December 1995, 52/133 of 12 December 1997, 54/109 and 54/110 of 9 December 1999, 54/164 of 17 December 1999, 55/158 of 12 December 2000, 56/160 of 19 December 2001 and 57/219 and 57/220 of 18 December 2002, Recalling in particular that, in its resolution 52/133, it requested the Secretary-General to seek the views of Member States on the implications of terrorism in all its forms and manifestations for the full enjoyment of human rights and fundamental freedoms, Recalling previous resolutions of the Commission on Human Rights, Bearing in mind all other relevant General Assembly resolutions, Bearing in mind also relevant Security Council resolutions, Aware that, at the dawn of the twenty-first century, the world is witness to historic and far-reaching transformations, in the course of which forces of aggressive nationalism and religious and ethnic extremism continue to produce fresh challenges, Alarmed that acts of terrorism in all its forms and manifestations aimed at the destruction of human rights have continued despite national and international efforts, Bearing in mind that the right to life is the basic human right, without which a human being can exercise no other right, Bearing in mind also that terrorism creates an environment that destroys the right of people to live in freedom from fear, Reiterating that all States have an obligation to promote and protect all human rights and fundamental freedoms and to ensure effective implementation of their obligations under international law, Seriously concerned about the gross violations of human rights perpetrated by terrorist groups, Expressing its deepest sympathy and condolences to all the victims of terrorism and their families, Alarmed in particular at the possibility that terrorist groups may exploit new technologies to facilitate acts of terrorism, which may cause massive damage, including huge loss of human life, Emphasizing the need to intensify the fight against terrorism at the national level, to enhance effective international cooperation in combating terrorism in conformity with international law, including relevant State obligations under international human rights and international humanitarian law, and to strengthen the role of the United Nations in this respect, Emphasizing also that States shall deny safe haven to those who finance, plan, support or commit terrorist acts or provide safe havens, _______________ 8 See A/58/323, para. 28. A/RES/58/174 3 Reaffirming that all measures to counter terrorism must be in strict conformity with international law, including international human rights standards and obligations, Mindful of the need to protect the human rights of and guarantees for the individual in accordance with the relevant human rights principles and instruments, in particular the right to life, Noting the growing consciousness within the international community of the negative effects of terrorism in all its forms and manifestations on the full enjoyment of human rights and fundamental freedoms and on the establishment of the rule of law and democratic freedoms as enshrined in the Charter of the United Nations and the International Covenants on Human Rights, Noting also the developments that have occurred since its fifty-sixth session, on addressing the issue of human rights and terrorism at the national, regional and international levels, 1. Reiterates its unequivocal condemnation of the acts, methods and practices of terrorism in all its forms and manifestations as activities aimed at the destruction of human rights, fundamental freedoms and democracy, threatening the territorial integrity and security of States, destabilizing legitimately constituted Governments, undermining pluralistic civil society and having adverse consequences for the economic and social development of States; 2. Strongly condemns the violations of the right to life, liberty and security; 3. Profoundly deplores the increasing number of innocent persons, including women, children and the elderly, killed, massacred and maimed by terrorists in indiscriminate and random acts of violence and terror, which cannot be justified in any circumstances; 4. Expresses its solidarity with the victims of terrorism; 5. Reaffirms the decision of the heads of State and Government, as contained in the United Nations Millennium Declaration,7 to take concerted action against international terrorism and to accede as soon as possible to all the relevant regional and international conventions; 6. Urges the international community to enhance cooperation at the regional and international levels in the fight against terrorism in all its forms and manifestations, in accordance with relevant international instruments, including those relating to human rights, with the aim of its eradication; 7. Calls upon States to take all necessary and effective measures, in accordance with relevant provisions of international law, including international human rights standards, to prevent, combat and eliminate terrorism in all its forms and manifestations, wherever and by whomever it is committed, and also calls upon States to strengthen, where appropriate, their legislation to combat terrorism in all its forms and manifestations; 8. Urges all States to deny safe haven to terrorists; 9. Calls upon States to take appropriate measures, in conformity with relevant provisions of national and international law, including international human rights standards, before granting refugee status, for the purpose of ensuring that an asylum-seeker has not planned, facilitated or participated in the commission of terrorist acts, including assassinations, and in this context urges those States that A/RES/58/174 4 have granted refugee status or asylum to persons involved in or claiming to have committed acts of terrorism to review those situations; 10. Condemns the incitement to ethnic hatred, violence and terrorism; 11. Stresses that every person, regardless of nationality, race, sex, religion or any other distinction, has a right to protection from terrorism and terrorist acts; 12. Expresses concern about the growing connection between terrorist groups and other criminal organizations engaged in the illegal traffic in arms and drugs at the national and international levels, as well as the consequent commission of serious crimes such as murder, extortion, kidnapping, assault, the taking of hostages and robbery, and requests the relevant United Nations bodies to continue to give special attention to this question; 13. Welcomes the report of the Secretary-General on human rights and terrorism,9 and requests him to continue to seek the views of Member States on the implications of terrorism in all its forms and manifestations for the full enjoyment of all human rights and fundamental freedoms and on the possible establishment of a voluntary fund for the victims of terrorism, as well as on ways and means to rehabilitate the victims of terrorism and to reintegrate them into society, with a view to incorporating his findings in his report to the General Assembly; 14. Decides to consider this question at its sixtieth session, under the item entitled “Human rights questions”. 77th plenary meeting 22 December 2003 _______________ 9 A/58/533.
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A/RES/58/179
Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/508/Add.2)] 58/179. Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria The General Assembly, Reaffirming the Universal Declaration of Human Rights1 and the International Covenant on Economic, Social and Cultural Rights,2 Reaffirming also that the right of everyone to the enjoyment of the highest attainable standard of physical and mental health is a human right, Recalling Commission on Human Rights resolutions 2001/33 of 23 April 2001,3 2002/32 of 22 April 20024 and 2003/29 of 22 April 2003,5 Acknowledging that prevention and comprehensive care and support, including treatment and access to medication for those infected and affected by pandemics such as HIV/AIDS, tuberculosis and malaria, are inseparable elements of an effective response and must be integrated into a comprehensive approach to respond to such pandemics, Stressing the importance of fully implementing the Declaration of Commitment on HIV/AIDS, “Global Crisis – Global Action”,6 and taking note of the report of the Secretary-General,7 Welcoming the continuing political commitment demonstrated at the high-level plenary meetings of the General Assembly devoted to the follow–up to the outcome of its twenty-sixth special session and the implementation of the Declaration of Commitment on HIV/AIDS, “Global Crisis – Global Action”, held on 22 September 2003, _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 See Official Records of the Economic and Social Council, 2001, Supplement No. 3 (E/2001/23), chap. II, sect. A. 4 Ibid., 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. 5 Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 6 Resolution S-26/2, annex. 7 A/58/184. A/RES/58/179 2 Expressing its support for the work of the Global Fund to Fight AIDS, Tuberculosis and Malaria and that of other international bodies combating such pandemics, Bearing in mind World Health Assembly resolutions WHA55.12 and WHA55.14, both of 18 May 2002,8 and WHA56.30 of 28 May 2003,9 Bearing in mind also the International Labour Organization Code of Practice on HIV/AIDS and the World of Work, adopted by the Governing Body of the International Labour Organization in June 2001,10 Taking note of general comment No. 14 (2000) on the right to the highest attainable standard of physical and mental health (article 12 of the International Covenant on Economic, Social and Cultural Rights), adopted by the Committee on Economic, Social and Cultural Rights at its twenty-second session,11 Taking note also of general comment No. 3 (2003) on HIV/AIDS and the rights of the child, adopted by the Committee on the Rights of the Child at its thirty-second session,12 Alarmed that the HIV/AIDS pandemic claimed 3.1 million lives in 2002, that about 42 million people were living with HIV by the end of 2002 and that 25 million children under the age of 15, including 20 million in Africa, are projected to lose one or both parents by 2010 owing to HIV/AIDS, Fully aware that the failure to deliver antiretroviral treatment for HIV/AIDS to the millions of people who need it is a global health emergency, Recalling its resolution 57/294 of 20 December 2002, entitled “2001–2010: Decade to Roll Back Malaria in Developing Countries, Particularly in Africa”, Alarmed that, according to the global Roll Back Malaria Partnership, malaria annually causes more than 1 million deaths, around 90 per cent of which are in Africa, that it is the leading cause of death in young children and that it causes at least 300 million cases of acute illness each year, Also alarmed that, according to the World Health Organization global tuberculosis control report of 2003,13 tuberculosis kills about 2 million people each year, that 7 to 8 million people around the world become sick with tuberculosis each year and that it is projected that 36 million people will die of tuberculosis between 2002 and 2020 if control is not further strengthened, Acknowledging the significance of HIV/AIDS in the increase in tuberculosis and other opportunistic diseases, Welcoming the initiatives of the Secretary-General and relevant United Nations agencies, States and civil society, including the private sector, to make drugs related to HIV/AIDS, tuberculosis and malaria more accessible and affordable to infected _______________ 8 See World Health Organization, Fifty-fifth World Health Assembly, Geneva, 13-18 May 2002, Resolutions and Decisions, Annexes (WHA55/2002/REC/1). 9 Ibid., Fifty-sixth World Health Assembly, Geneva, 19-28 May 2003, Resolutions and Decisions, Annexes (WHA56/2003/REC/1). 10 ILO/AIDS/2001/2. 11 Official Records of the Economic and Social Council, 2001, Supplement No. 2 (E/2001/22), annex IV. 12 CRC/GC/2003/3. 13 WHO/CDS/TB/2003/316. A/RES/58/179 3 persons, especially in developing countries, and noting that much more could be done in this regard, Recalling the Declaration on the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and Public Health adopted at the Fourth World Trade Organization Ministerial Conference in Doha in November 2001,14 and welcoming the World Trade Organization General Council decision of 30 August 2003 on the implementation of paragraph 6 of the Declaration,15 Recognizing that the spread of HIV/AIDS can have a uniquely devastating impact on all sectors and levels of society, and stressing that the HIV/AIDS pandemic, if unchecked, may pose a risk to stability and security, as stated in Security Council resolution 1308 (2000) of 17 July 2000, Emphasizing, in view of the increasing challenges presented by pandemics such as HIV/AIDS, tuberculosis and malaria, the need for intensified efforts to ensure universal respect for and observance of human rights and fundamental freedoms for all, including by reducing vulnerability to pandemics such as HIV/ AIDS, tuberculosis and malaria and by preventing related discrimination and stigma, 1. Recognizes that access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria is one fundamental element for achieving progressively the full realization of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; 2. Welcomes the commitment of the World Health Organization and the Joint United Nations Programme on HIV/AIDS to work with the international community to support developing countries in achieving the global target of providing antiretroviral medicines to 3 million people infected with HIV/AIDS by the end of 2005, the “3 by 5” target; 3. Takes note with interest of the interim report of the Special Rapporteur of the Commission on Human Rights on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health;16 4. Calls upon States to develop and implement national strategies, in accordance with applicable international law, including international agreements acceded to, to progressively realize access for all to prevention-related goods, services and information as well as access to comprehensive treatment, care and support for all individuals infected and affected by pandemics such as HIV/AIDS, tuberculosis and malaria; 5. Also calls upon States to establish or strengthen national health and social infrastructures and health-care systems, with the assistance of the international community as necessary, for the effective delivery of prevention, treatment, care and support to respond to pandemics such as HIV/AIDS, tuberculosis and malaria; 6. Further calls upon States to pursue policies, in accordance with applicable international law, including international agreements acceded to, which would promote: _______________ 14 WT/MIN(01)/DEC/2. Available from http://docsonline.wto.org. 15 WT/L/540. Available from http://docsonline.wto.org 16 See A/58/427. A/RES/58/179 4 (a) The availability in sufficient quantities of pharmaceutical products and medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections that accompany them; (b) The accessibility and affordability for all, without discrimination, including the most vulnerable or socially disadvantaged groups of the population, of pharmaceutical products or medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections that accompany them; (c) The assurance that pharmaceutical products or medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections that accompany them, irrespective of their sources and countries of origin are scientifically and medically appropriate and of good quality; 7. Calls upon States, at the national level, on a non-discriminatory basis, in accordance with applicable international law, including international agreements acceded to: (a) To refrain from taking measures that would deny or limit equal access for all persons to preventive, curative or palliative pharmaceutical products or medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections that accompany them; (b) To adopt and implement legislation or other measures, in accordance with applicable international law, including international agreements acceded to, to safeguard access to such preventive, curative or palliative pharmaceutical products or medical technologies from any limitations by third parties; (c) To adopt all appropriate positive measures, to the maximum of the resources allocated for this purpose, to promote effective access to such preventive, curative or palliative pharmaceutical products or medical technologies; 8. Also calls upon States, in furtherance of the Declaration of Commitment on HIV/AIDS,6 to address factors affecting the provision of drugs related to the treatment of pandemics such as HIV/AIDS and the most common opportunistic infections that accompany them, as well as to develop integrated strategies to strengthen health-care systems, including voluntary counselling and testing, laboratory capacities and the training of health-care providers and technicians, in order to provide treatment and monitor the use of medications, diagnostics and related technologies; 9. Further calls upon States to take all appropriate measures, nationally and through cooperation, to promote the research and development of new and more effective preventive, curative or palliative pharmaceutical products and diagnostic tools, in accordance with applicable international law, including international agreements acceded to; 10. Calls upon States, at the international level, to take steps, individually and/or through international cooperation, in accordance with applicable international law, including international agreements acceded to, such as: (a) Facilitating, wherever possible, access in other countries to essential preventive, curative or palliative pharmaceutical products or medical technologies used to treat pandemics such as HIV/AIDS, tuberculosis and malaria or the most common opportunistic infections that accompany them, as well as extending the necessary cooperation, wherever possible, especially in times of emergency; A/RES/58/179 5 (b) Ensuring that their actions, as members of international organizations, take due account of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and that the application of international agreements is supportive of public health policies that promote broad access to safe, effective and affordable preventive, curative or palliative pharmaceutical products or medical technologies; 11. Welcomes the financial contributions made to date to the Global Fund to Fight AIDS, Tuberculosis and Malaria, urges that further contributions be made to sustain the Fund, and calls upon all States to encourage the private sector to contribute to the Fund as a matter of urgency; 12. Calls upon the Joint United Nations Programme on HIV/AIDS to mobilize further resources to combat the HIV/AIDS pandemic and upon all Governments to take measures to ensure that the necessary resources are made available to the Programme, in line with the Declaration of Commitment on HIV/AIDS; 13. Calls upon States to ensure that those at risk of contracting malaria, in particular pregnant women and children under five years of age, benefit from the most suitable combination of personal and community protective measures, such as insecticide treated bed nets and other interventions that are accessible and affordable, in order to prevent infection and suffering; 14. Also calls upon States to provide the necessary support for the World Health Organization Roll Back Malaria and Stop Tuberculosis Partnerships in their ongoing measures to combat malaria and tuberculosis; 15. Calls upon the international community, in particular the developed countries, to continue to assist developing countries in the fight against pandemics such as HIV/AIDS, tuberculosis and malaria, through financial and technical support as well as through the training of personnel; 16. Invites the Committee on Economic, Social and Cultural Rights to give attention to the issue of access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria, and invites States to include appropriate information thereon in the reports they submit to the Committee.
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A/RES/58/187
Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/508/Add.2)] 58/187. Protection of human rights and fundamental freedoms while countering terrorism The General Assembly, Reaffirming the purposes and principles of the Charter of the United Nations, Reaffirming also the fundamental importance, including in response to terrorism and the fear of terrorism, of respecting all human rights and fundamental freedoms and the rule of law, Recalling that States are under the obligation to protect all human rights and fundamental freedoms of all persons, Recognizing that the respect for human rights, the respect for democracy and the respect for the rule of law are interrelated and mutually reinforcing, Recalling its resolution 57/219 of 18 December 2002 and Commission on Human Rights resolution 2003/68 of 25 April 2003,1 Recalling also its resolution 48/141 of 20 December 1993 and, inter alia, the responsibility of the United Nations High Commissioner for Human Rights to promote and protect the effective enjoyment of all human rights, Reiterating paragraph 17 of section I of the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993,2 which states that acts, methods and practices of terrorism in all its forms and manifestations are activities aimed at the destruction of human rights, fundamental freedoms and democracy, threatening territorial integrity, security of States and destabilizing legitimately constituted Governments, and that the international community should take the necessary steps to enhance cooperation to prevent and combat terrorism, Noting its resolution 56/160 of 19 December 2001, and noting also Commission on Human Rights resolution 2003/37 of 23 April 2003 on human rights and terrorism,1 _______________ 1 See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 2 A/CONF.157/24 (Part I), chap. III. A/RES/58/187 2 Noting also the declaration on the issue of combating terrorism contained in the annex to Security Council resolution 1456 (2003) of 20 January 2003, in particular the statement that States must ensure that any measures taken to combat terrorism comply with all their obligations under international law and should adopt such measures in accordance with international law, in particular international human rights, refugee and humanitarian law, Recalling the relevant resolutions of the General Assembly and the Security Council, Noting the declarations, statements and recommendations by a number of human rights treaty monitoring bodies and special procedures on the question of the compatibility of counter-terrorism measures with human rights obligations, Reaffirming its unequivocal condemnation of all acts, methods and practices of terrorism, in all their forms and manifestations, wherever and by whomsoever committed, regardless of their motivation, as criminal and unjustifiable, and renewing its commitment to strengthen international cooperation to prevent and combat terrorism, Stressing that everyone is entitled to all the rights and freedoms recognized in the Universal Declaration of Human Rights3 without distinction of any kind, including on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Recalling that, in accordance with article 4 of the International Covenant on Civil and Political Rights,4 certain rights are recognized as non-derogable in any circumstances and that any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, and underlining the exceptional and temporary nature of any such derogations, as stated in General Comment No. 29, on states of emergency, adopted by the Human Rights Committee on 24 July 2001,5 1. Reaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law; 2. Calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism; 3. Takes note of the report of the Secretary-General submitted pursuant to General Assembly resolution 57/219,6 and welcomes its conclusions on the necessity of ensuring respect for human rights in the international fight to eliminate terrorism and on the important role that the United Nations has in promoting the maintenance of international peace and security and in achieving international cooperation for the promotion and protection of human rights and fundamental freedoms for all; 4. Takes note with interest of the report of the Secretary-General on the protection of human rights and fundamental freedoms while countering terrorism,7 _______________ 3 Resolution 217 A (III). 4 See resolution 2200 A (XXI), annex. 5 See HRI/GEN/1/Rev.6. 6 E/CN.4/2003/120. 7 A/58/266. A/RES/58/187 3 and welcomes the various initiatives to strengthen the protection of human rights in the context of counter-terrorism adopted by the United Nations and regional intergovernmental bodies as well as by States; 5. Welcomes the publication of the “Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights while Countering Terrorism”, and requests the United Nations High Commissioner for Human Rights to update and publish it periodically; 6. Also welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its Counter-Terrorism Committee and the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and its Counter-Terrorism Committee to continue to develop the cooperation with relevant human rights bodies, in particular with the Office of the United Nations High Commissioner for Human Rights, giving due regard to the promotion and protection of human rights in the ongoing work pursuant to relevant Security Council resolutions relating to terrorism; 7. Requests all relevant special procedures and mechanisms of the Commission on Human Rights, as well as the United Nations human rights treaty bodies, to consider, within their mandates, the protection of human rights and fundamental freedoms in the context of measures to combat terrorism and to coordinate their efforts, as appropriate, in order to promote a consistent approach on this subject; 8. Encourages States, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encourages them to consider the recommendations of the special procedures and mechanisms of the Commission on Human Rights and the relevant comments and views of United Nations human rights treaty bodies; 9. Requests the High Commissioner, making use of existing mechanisms, to continue: (a) To examine the question of the protection of human rights and fundamental freedoms while countering terrorism, taking into account reliable information from all sources; (b) To make general recommendations concerning the obligation of States to promote and protect human rights and fundamental freedoms while taking actions to counter terrorism; (c) To provide assistance and advice to States, upon their request, on the protection of human rights and fundamental freedoms while countering terrorism, as well as to relevant United Nations bodies; 10. Also requests the High Commissioner, taking into account the views of States, to submit a study on the extent to which the human rights special procedures and treaty monitoring bodies are able, within their existing mandates, to address the compatibility of national counter-terrorism measures with international human rights obligations in their work, for consideration by States in strengthening the promotion and protection of human rights and fundamental freedoms while countering terrorism, with regard to the international human rights institutional mechanisms; 11. Further requests the High Commissioner to submit the requested study to the General Assembly at its fifty-ninth session, with an interim report to the Commission on Human Rights at its sixtieth session; A/RES/58/187 4 12. Requests the Secretary-General to submit a report on the implementation of the present resolution to the Commission on Human Rights at its sixtieth session and to the General Assembly at its fifty-ninth session.
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A/RES/58/192
Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/508/Add.2)] 58/192. Promotion of peace as a vital requirement for the full enjoyment of all human rights by all The General Assembly, Recalling its resolution 57/216 of 18 December 2002, Recalling also Commission on Human Rights resolution 2003/61 of 24 April 2003, entitled “Promotion of peace as a vital requirement for the full enjoyment of all human rights by all”,1 Recalling further its resolution 39/11 of 12 November 1984, entitled “Declaration on the Right of Peoples to Peace”, and the United Nations Millennium Declaration,2 Bearing in mind the fundamental principles of international law set forth in the Charter of the United Nations, Underlining, in accordance with the purposes and principles of the United Nations, its full and active support for the United Nations and for the enhancement of its role and effectiveness in strengthening international peace, security and justice and in promoting the solution of international problems, as well as the development of friendly relations and cooperation among States, Reaffirming the obligation of all States to settle their international disputes by peaceful means in such a manner that international peace and security and justice are not endangered, Emphasizing its objective of promoting better relations among all States and contributing to setting up conditions in which their people can live in true and lasting peace, free from any threat to or attempt against their security, Reaffirming the obligation of all States to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, _______________ 1 See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 2 See resolution 55/2. A/RES/58/192 2 Reaffirming also its commitment to peace, security and justice and the continuing development of friendly relations and cooperation among States, Rejecting the use of violence in pursuit of political aims, and stressing that only peaceful political solutions can ensure a stable and democratic future for all people around the world, Reaffirming the importance of ensuring respect for the principles of the sovereignty, territorial integrity and political independence of States and non-intervention in matters that are essentially within the domestic jurisdiction of any State, in accordance with the Charter and international law, Reaffirming also that all peoples have the right to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Reaffirming further the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations,3 Underlining that the subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental rights, is contrary to the Charter and is an impediment to the promotion of world peace and cooperation, Recalling that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights4 can be fully realized, Convinced of the aim of creating conditions of stability and well-being, which are necessary for peaceful and friendly relations among nations based on respect for the principles of equal rights and self-determination of peoples, Convinced also that life without war is the primary international prerequisite for the material well-being, development and progress of countries and for the full implementation of the rights and fundamental human freedoms proclaimed by the United Nations, 1. Stresses that peace is a vital requirement for the promotion and protection of all human rights for all; 2. Solemnly declares that the preservation and promotion of peace constitute a fundamental obligation of each State; 3. Emphasizes that the preservation and promotion of peace demand that the policies of States be directed towards the elimination of the threat of war, particularly nuclear war, the renunciation of the use or threat of use of force in international relations and the settlement of international disputes by peaceful means on the basis of the Charter of the United Nations; 4. Affirms that all States should promote the establishment, maintenance and strengthening of international peace and security and an international system based on respect for the principles enshrined in the Charter and the promotion of all human rights and fundamental freedoms, including the right to development and the right of peoples to self-determination; _______________ 3 Resolution 2625 (XXV), annex. 4 Resolution 217 A (III). A/RES/58/192 3 5. Urges all States to respect and to put into practice the purposes and principles of the Charter in their relations with other States, irrespective of their political, economic or social system and of their size, geographical location or level of economic development; 6. Decides to continue consideration of the question of the promotion of the right of peoples to peace at its sixtieth session under the item entitled “Human rights questions”.
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A/RES/58/193
Resolution adopted by the General Assembly on 22 December 2003 [on the report of the Third Committee (A/58/508/Add.2)] 58/193. Globalization and its impact on the full enjoyment of all human rights The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and expressing in particular the need to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction, Recalling the Universal Declaration of Human Rights,1 as well as the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights on 25 June 1993,2 Recalling also the International Covenant on Civil and Political Rights3 and the International Covenant on Economic, Social and Cultural Rights,3 Recalling further the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986, Recalling the United Nations Millennium Declaration4 and the outcome documents of the twenty-third5 and twenty-fourth6 special sessions of the General Assembly, held, respectively, in New York from 5 to 10 June 2000 and in Geneva from 26 June to 1 July 2000, Recalling also its resolutions 57/204 and 57/205 of 18 December 2002, Recalling further Commission on Human Rights resolution 2003/23 of 22 April 2003 on globalization and its impact on the full enjoyment of human rights,7 _______________ 1 Resolution 217 A (III). 2 A/CONF.157/24 (Part I), chap. III. 3 See resolution 2200 A (XXI), annex. 4 See resolution 55/2. 5 Resolution S-23/2, annex, and resolution S-23/3, annex. 6 Resolution S-24/2, annex. 7 See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. A/RES/58/193 2 Recognizing that all human rights are universal, indivisible, interdependent and interrelated and that the international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis, Realizing that globalization affects all countries differently and makes them more exposed to external developments, positive as well as negative, inter alia, in the field of human rights, Realizing also that globalization is not merely an economic process, but that it also has social, political, environmental, cultural and legal dimensions, which have an impact on the full enjoyment of all human rights, Realizing further the need to undertake a thorough, independent and comprehensive assessment of the social, environmental and cultural impact of globalization on societies, Recognizing in each culture a dignity and value that deserve recognition, respect and preservation, and convinced that, in their rich variety and diversity and in the reciprocal influences that they exert on one another, all cultures form part of the common heritage belonging to all humankind, and aware that the risk of a global monoculture poses more of a threat if the developing world remains poor and marginalized, Recognizing also that multilateral mechanisms have a unique role to play in meeting the challenges and opportunities presented by globalization, Expressing concern at the negative impact of international financial turbulence on social and economic development and on the full enjoyment of all human rights, Deeply concerned that the widening gap between the developed and the developing countries, and within countries, has contributed, inter alia, to deepening poverty and has adversely affected the full enjoyment of all human rights, in particular in developing countries, Noting that human beings strive for a world that is respectful of human rights and cultural diversity and that, in this regard, they work to ensure that all activities, including those affected by globalization, are consistent with those aims, 1. Recognizes that, while globalization, by its impact on, inter alia, the role of the State, may affect human rights, the promotion and protection of all human rights is first and foremost the responsibility of the State; 2. Reaffirms that narrowing the gap between rich and poor, both within and between countries, is an explicit goal at the national and international levels, as part of the effort to create an enabling environment for the full enjoyment of all human rights; 3. Reaffirms also the commitment to creating an environment at both the national and the global level that is conducive to development and to the elimination of poverty through, inter alia, good governance within each country and at the international level, transparency in the financial, monetary and trading systems and commitment to an open, equitable, rule-based, predictable and non-discriminatory multilateral trading and financial system; 4. Recognizes that, while globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries; A/RES/58/193 3 5. Welcomes the report of the United Nations High Commissioner for Human Rights on globalization and its impact on the full enjoyment of human rights,8 which focuses on the liberalization of agricultural trade and its impact on the realization of the right to development, including the right to food, and takes note of the conclusions and recommendations contained therein; 6. Calls upon Member States, relevant agencies of the United Nations system, intergovernmental organizations and civil society to promote equitable and environmentally sustainable economic growth for managing globalization, so that poverty is systematically reduced and the international development targets are achieved; 7. Recognizes that only through broad and sustained efforts, including policies and measures at the global level to create a shared future based upon our common humanity in all its diversity, can globalization be made fully inclusive and equitable and have a human face, thus contributing to the full enjoyment of all human rights; 8. Underlines the urgent need to establish an equitable, transparent and democratic international system in which poor people and countries have a more effective voice; 9. Affirms that globalization is a complex process of structural transformation, with numerous interdisciplinary aspects, which has an impact on the enjoyment of civil, political, economic, social and cultural rights, including the right to development; 10. Affirms also that the international community should strive to respond to the challenges and opportunities posed by globalization in a manner that ensures respect for the cultural diversity of all; 11. Underlines, therefore, the need to continue to analyse the consequences of globalization for the full enjoyment of all human rights; 12. Takes note of the report of the Secretary-General,9 and requests the Secretary-General to seek further the views of Member States and relevant agencies of the United Nations system and to submit a substantive report on this subject to the General Assembly at its fifty-ninth session. 77th plenary meeting 22 December 2003 _______________ 8 E/CN.4/2002/54. 9 A/58/257.
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A/RES/58/240
Resolution adopted by the General Assembly on 23 December 2003 [without reference to a Main Committee (A/58/L.19 and Add.1)] 58/240. Oceans and the law of the sea The General Assembly, Recalling its resolutions 49/28 of 6 December 1994, 52/26 of 26 November 1997, 54/33 of 24 November 1999, 57/141 of 12 December 2002 and other relevant resolutions adopted subsequent to the entry into force of the United Nations Convention on the Law of the Sea (“the Convention”)1 on 16 November 1994, Emphasizing the universal and unified character of the Convention and its fundamental importance for the maintenance and strengthening of international peace and security, as well as for the sustainable development of the oceans and seas, Reaffirming that the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out and is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector, and that its integrity needs to be maintained, as recognized also by the United Nations Conference on Environment and Development in chapter 17 of Agenda 21,2 Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole through an integrated, interdisciplinary and intersectoral approach, Convinced of the need, building on arrangements established in accordance with the Convention, to improve coordination at the national level and cooperation and coordination at both intergovernmental and inter-agency levels, in order to address all aspects of oceans and seas in an integrated manner, Recognizing the important role that the competent international organizations have in relation to ocean affairs, in implementing the Convention and in promoting the sustainable development of the oceans and seas, _______________ 1 See The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 with Index and Excerpts from the Final Act of the Third United Nations Conference on the Law of the Sea (United Nations publication, Sales No. E.97.V.10). 2 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June 1992 (United Nations publication, Sales No. E.93.I.8 and corrigenda), vol. I: Resolutions adopted by the Conference, resolution 1, annex II. A/RES/58/240 2 Recalling the essential role of international cooperation and coordination in promoting the integrated management and sustainable development of the oceans and seas, and recalling also that the role of international cooperation and coordination on a bilateral basis and, where applicable, within a subregional, regional, interregional or global framework is to support and supplement the national efforts of all States, including coastal States, in promoting the implementation and observance of the Convention and the integrated management and sustainable development of coastal and marine areas, Underlining once again the essential need for capacity-building to ensure that all States, especially developing countries, in particular least developed countries and small island developing States, as well as coastal African States, are able both to implement the Convention and to benefit from the sustainable development of the oceans and seas, Underlining the essential need for capacity-building to ensure that all States, especially developing countries, in particular least developed countries and small island developing States, are able to participate fully in global and regional forums and processes dealing with oceans and law of the sea issues, Emphasizing the need to strengthen the ability of competent international organizations to contribute, at the global, regional, subregional and bilateral levels, including through cooperation programmes with Governments, to the development of national and local capacity in marine science and the sustainable management of oceans and their resources, Recalling the recommendations of the World Summit on Sustainable Development, including to establish by 2004 a regular process under the United Nations for global reporting and assessment of the state of the marine environment, including socio-economic aspects, both current and foreseeable, building on existing regional assessments,3 and the decision of the General Assembly in its resolution 57/141 to establish such a process by 2004, Reiterating its deep concern at the situation of many of the world’s fisheries, caused principally by overcapacity, overfishing and illegal, unregulated and unreported fishing, as well as, in many areas, pollution, Reiterating its concern at the adverse impacts on the marine environment, in particular on vulnerable marine ecosystems, including coral, of human activities, such as overutilization of living marine resources, the use of destructive fishing practices, physical impacts by ships, the introduction of alien invasive species and marine pollution from all sources, including from land-based sources and vessels, in particular through the illegal release of oil and other harmful substances and from dumping, including the dumping of hazardous waste such as radioactive materials, nuclear waste and dangerous chemicals, Recognizing that hydrographic surveys and nautical charting are critical to the safety of navigation and life at sea, environmental protection, including vulnerable marine ecosystems and the economics of the global shipping industry, and recognizing in this regard that the move towards electronic charting not only provides significantly increased benefits for safe navigation and management of _______________ 3 Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap.I, resolution 2, annex, para. 36 (b). A/RES/58/240 3 ship movement, but also provides data and information that can be used for sustainable fisheries activities and other sectoral uses of the marine environment, the delimitation of maritime boundaries and environmental protection, Welcoming the convening by the International Atomic Energy Agency of the International Conference on the Safety of Transport of Radioactive Material, as well as the outcomes of the Conference, which provided an opportunity for States to address issues relating to the transport of radioactive materials, including by sea, Taking note of the report of the Secretary-General,4 and emphasizing in this regard the critical role of the annual comprehensive report of the Secretary-General, which integrates information on developments relating to the implementation of the Convention and the work of the Organization, its specialized agencies and other institutions in the field of ocean affairs and the law of the sea at the global and regional levels, and as a result constitutes the basis for the annual consideration and review of developments relating to ocean affairs and the law of the sea by the General Assembly as the global institution having the competence to undertake such a review, Taking note also of the report on the work of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (“the Consultative Process”), established by the General Assembly in its resolution 54/33 in order to facilitate the annual review by the Assembly of developments in ocean affairs, at its fourth meeting,5 Noting the responsibilities of the Secretary-General under the Convention and related resolutions of the General Assembly, in particular resolutions 49/28, 52/26 and 54/33, and in this context the expected increase in responsibilities of the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the Secretariat in view of the anticipated receipt of submissions from States to the Commission on the Limits of the Continental Shelf (“the Commission”), in addition to the expected growing involvement of the Division with new developments such as the regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects, and with requests for technical assistance from States, and the role of the Division in inter-agency coordination and cooperation, I Implementation of the Convention and related agreements and instruments 1. Calls upon all States that have not done so, in order to achieve the goal of universal participation, to become parties to the Convention1 and the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (“the Agreement”);1 2. Reaffirms the unified character of the Convention; 3. Calls upon States that have not done so to become parties to the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the _______________ 4 A/58/65 and Add.1. 5 See A/58/95. A/RES/58/240 4 Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks;6 4. Once again calls upon States to harmonize, as a matter of priority, their national legislation with the provisions of the Convention, to ensure the consistent application of those provisions and to ensure also that any declarations or statements that they have made or make when signing, ratifying or acceding to the Convention are in conformity therewith and, otherwise, to withdraw any of their declarations or statements that are not in conformity; 5. Encourages States parties to the Convention to deposit with the Secretary-General charts and lists of geographical coordinates, as provided for in the Convention; 6. Emphasizes the essential need to improve the implementation of international agreements referred to in article 311 of the Convention and, where appropriate, to foster the conditions for the application of instruments of a voluntary nature, and recalls the important role of international organizations in achieving these goals; II Meeting of States Parties 7. Takes note of the report of the thirteenth Meeting of States Parties to the Convention;7 8. Requests the Secretary-General to convene the fourteenth Meeting of States Parties to the Convention in New York from 14 to 18 June 2004 and to provide the services required; III Settlement of disputes 9. Notes with satisfaction the continued contribution of the International Tribunal for the Law of the Sea (“the Tribunal”) to the peaceful settlement of disputes in accordance with Part XV of the Convention, underlines the important role and authority of the Tribunal concerning the interpretation or application of the Convention and the Agreement, once again encourages States parties to the Convention that have not yet done so to consider making a written declaration choosing from the means set out in article 287 for the settlement of disputes concerning the interpretation or application of the Convention and the Agreement, and invites States parties to note the provisions of annexes V, VI, VII and VIII to the Convention concerning, respectively, conciliation, the Tribunal, arbitration and special arbitration; 10. Equally pays tribute to the important and long-standing role of the International Court of Justice with regard to the peaceful settlement of disputes concerning the law of the sea; 11. Recalls the obligation under article 296 of the Convention requiring all parties to a dispute before a court or a tribunal referred to in article 287 of the _______________ 6 International Fisheries Instruments with Index (United Nations publication, Sales No. E.98.V.11), sect. I; see also A/CONF.164/37. 7 SPLOS/103 and Corr.1. A/RES/58/240 5 Convention to comply promptly with any decisions rendered by such court or tribunal; 12. Encourages States parties to the Convention that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary-General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis; IV The Area 13. Notes the progress of the discussion of issues relating to the regulations for prospecting and exploration for polymetallic sulphides and cobalt-rich crusts in the Area; 14. Reiterates the importance of the ongoing elaboration by the International Seabed Authority (“the Authority”), pursuant to article 145 of the Convention, of rules, regulations and procedures to ensure the effective protection of the marine environment, the protection and conservation of the natural resources of the Area and the prevention of damage to its flora and fauna from harmful effects that may arise from activities in the Area; V Effective functioning of the Authority and the Tribunal 15. Appeals to all States parties to the Convention to pay their assessed contributions to the Authority and to the Tribunal in full and on time, and appeals also to all former provisional members of the Authority to pay any outstanding contributions; 16. Calls upon States that have not done so to consider ratifying or acceding to the Agreement on the Privileges and Immunities of the Tribunal8 and to the Protocol on the Privileges and Immunities of the Authority;9 VI The continental shelf and the work of the Commission 17. Encourages States parties that are in a position to do so to make every effort to make submissions regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles to the Commission within the time period established by the Convention, taking into account the decision of the eleventh Meeting of States Parties to the Convention;10 18. Approves the convening by the Secretary-General of the thirteenth session of the Commission in New York from 26 to 30 April 2004, followed by two weeks of meetings of a subcommission in the event that a submission is made to the Commission, and of the fourteenth session of the Commission from 30 August to 3 September 2004, also followed by two weeks of meetings of a subcommission in the event that a submission is made; _______________ 8 SPLOS/25. 9 ISBA/4/A/8, annex. 10 SPLOS/72. A/RES/58/240 6 19. Encourages States and relevant international organizations and institutions to consider developing and making available training courses to assist developing States in the preparation of such submissions, based on the outline for a five-day training course11 prepared by the Commission in order to facilitate the preparation of submissions in accordance with its Scientific and Technical Guidelines;12 VII Capacity-building 20. Calls upon bilateral and multilateral donor agencies and international financial institutions to keep their programmes systematically under review to ensure the availability in all States, particularly in developing States, of the economic, legal, navigational, scientific and technical skills necessary for the full implementation of the Convention and the objectives of the present resolution as well as the sustainable development of the oceans and seas nationally, regionally and globally, and in so doing to bear in mind the rights of landlocked developing States; 21. Calls upon States and international financial institutions, including through bilateral, regional and global cooperation programmes and technical partnerships, to continue to strengthen capacity-building activities, in particular in developing countries, in the field of marine scientific research by, inter alia, training the necessary skilled personnel, providing the necessary equipment, facilities and vessels, and transferring environmentally sound technologies; 22. Encourages States to assist developing States, and especially least developed States and small island developing States, as well as coastal African States, on a bilateral and, where appropriate, regional level, in the preparation of submissions to the Commission, including the assessment of the nature of the continental shelf of a coastal State made in the form of a desktop study, and the mapping of the outer limits of its continental shelf; VIII Safety of navigation and flag State implementation 23. Encourages States to ratify or accede to international agreements addressing the safety of navigation and to adopt the necessary measures consistent with the Convention, aimed at implementing and enforcing the rules contained in those agreements; 24. Urges States and regional economic integration organizations to work within the framework of the International Maritime Organization and in accordance with the Convention and international rules and regulations regarding measures related to the phase-out of single-hull tankers, and welcomes the organization’s giving priority to the consideration of any proposals related thereto; 25. Welcomes the work of the International Maritime Organization in developing guidelines on places of refuge for ships in need of assistance, and _______________ 11 CLCS/24 and Corr.1. 12 CLCS/11 and Corr.1 and Add.1 and Corr.1. A/RES/58/240 7 encourages States to draw up plans and to establish procedures to implement those guidelines for ships in waters under their jurisdiction; 26. Also welcomes the adoption by the General Conference of the International Atomic Energy Agency at its forty-seventh session of resolution GC(47)/RES/7, concerning measures to strengthen international cooperation in nuclear, radiation and transport safety and waste management, including those aspects relating to maritime transport safety,13 in which it requested the Agency to develop an action plan, in consultation with its member States and for approval by the Board of the Agency, if possible in March 2004, based on the results of the International Conference on the Safety of Transport of Radioactive Material and within the competence of the Agency; 27. Urges flag States without an effective maritime administration and appropriate legal frameworks to establish or enhance the necessary infrastructure, legislative and enforcement capabilities to ensure effective compliance with, and implementation and enforcement of, their responsibilities under international law and, until such action is undertaken, to consider declining the granting of the right to fly their flag to new vessels, suspending their registry or not opening a registry; 28. Invites the International Maritime Organization and other relevant competent international organizations to study, examine and clarify the role of the “genuine link” in relation to the duty of flag States to exercise effective control over ships flying their flag, including fishing vessels; 29. Requests the Secretary-General, in cooperation and consultation with relevant agencies, organizations and programmes of the United Nations system, to prepare and disseminate to States a comprehensive elaboration of the duties and obligations of flag States, including the potential consequences for non-compliance prescribed in the relevant international instruments; 30. Encourages the acceleration of the work of the International Maritime Organization in developing a voluntary model audit scheme, and urges the organization to strengthen its draft implementation code; 31. Welcomes the work of the Food and Agriculture Organization of the United Nations in promoting compliance by States and their fishing vessels with conservation and management measures, and requests the International Maritime Organization and the Food and Agriculture Organization to enhance their cooperation and coordination in their efforts with regard to flag State duties relating thereto, including through the Inter-Agency Consultative Group on Flag State Implementation during the period of the Group’s existence; 32. Also welcomes the work of the International Labour Organization to consolidate and modernize international maritime labour standards, and calls upon Member States to take an active interest in the development of these new standards for seafarers and fishers; 33. Recognizes the important role of port State controls in promoting the effective enforcement by flag States of, and compliance by shipowners and charterers with, flag States’ and internationally agreed safety, labour and pollution standards, as well as maritime security regulations and conservation and _______________ 13 See International Atomic Energy Agency, Resolutions and Other Decisions of the General Conference, Forty-seventh Regular Session, 15–19 September 2003 (GC(47)/RES/DEC(2003)). A/RES/58/240 8 management measures, and further encourages Member States to improve the exchange of appropriate information between port States control authorities; 34. Invites the International Maritime Organization to strengthen its functions with regard to port State control in relation to safety and pollution standards as well as maritime security regulations and, in collaboration with the International Labour Organization, labour standards so as to promote the implementation of globally agreed minimum standards by all States, and invites the Food and Agriculture Organization of the United Nations to continue its work in promoting port State measures in relation to fishing vessels in order to combat illegal, unreported and unregulated fishing; 35. Calls upon flag and port States to take all measures consistent with international law necessary to prevent the operation of sub-standard vessels and illegal, unreported and unregulated fishing activities; 36. Urges all States, in cooperation with the International Maritime Organization, to combat piracy and armed robbery at sea by adopting measures, including those relating to assistance with capacity-building through training of seafarers, port staff and enforcement personnel in the prevention, reporting and investigation of incidents, bringing the alleged perpetrators to justice, in accordance with international law, and by adopting national legislation, as well as providing enforcement vessels and equipment and guarding against fraudulent ship registration; 37. Calls upon all States and relevant international bodies to cooperate in the prevention and combating of piracy and armed robbery at sea, and urges States to give urgent attention to promoting, concluding and implementing cooperation agreements, in particular at the regional level and in high-risk areas; 38. Urges States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and its Protocol,14 invites States to participate in the review of those instruments by the Legal Committee of the International Maritime Organization to strengthen the means of combating such unlawful acts, including terrorist acts, and further urges States to take appropriate measures to ensure the effective implementation of those instruments, in particular through the adoption of legislation, where appropriate, aimed at ensuring that there is a proper framework for responses to incidents of armed robbery and terrorist acts at sea; 39. Calls upon States to work together cooperatively and with the International Maritime Organization to strengthen measures to prevent the embarkation of ships involved in the smuggling of migrants; 40. Once again urges States that have not yet done so to become parties to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime,15 and to take appropriate measures to ensure its effective implementation; 41. Welcomes the work of the International Maritime Organization in developing amendments to the International Convention for the Safety of Life at Sea _______________ 14 International Maritime Organization publication, Sales No. 462.88.12E. 15 Resolution 55/25, annex III. A/RES/58/240 9 and to the International Convention on Maritime Search and Rescue on the delivery of persons rescued at sea to a place of safety; IX Capacity-building for the production of nautical charts 42. Welcomes the work of the International Hydrographic Organization and its fourteen regional hydrographic commissions and encourages increased membership of the organization, noting the capacity of the organization to provide technical assistance, facilitate training and identify potential funding sources for the development or improvement of hydrographic services, and calls upon States and agencies to support the trust fund of the organization and examine the possibility of partnerships with the private sector; 43. Invites the International Hydrographic Organization and the International Maritime Organization to continue their coordinated efforts, to jointly adopt measures with a view to encouraging greater international cooperation and coordination for the transition to electronic nautical charts and to increase the coverage of hydrographic information on a global basis, especially in the areas of international navigation and ports and where there are vulnerable or protected marine areas; 44. Encourages intensified efforts to build capacity for developing countries, in particular for the least developed countries and small island developing States, as well as coastal African States, to improve hydrographic services and the production of nautical charts, including the mobilization of resources and building of capacity with support from international financial institutions and the donor community, recognizing that economies of scale can apply in some instances at the regional level through shared facilities, technical capabilities and information for the provision of hydrographic services and the preparation of and access to nautical charts; 45. Welcomes the adoption of criteria and guidelines on the transfer of marine technology by the Intergovernmental Oceanographic Commission;16 X Marine environment, marine resources and the protection of vulnerable marine ecosystems 46. Emphasizes once again the importance of the implementation of Part XII of the Convention in order to protect and preserve the marine environment and its living marine resources against pollution and physical degradation, and calls upon all States to cooperate and take measures, directly or through competent international organizations, for the protection and preservation of the marine environment; 47. Calls upon States to continue to prioritize action on marine pollution from land-based sources as part of their national sustainable development strategies and programmes, in an integrated and inclusive manner, as a means of implementing _______________ 16 See IOC-XXII/2 Annex 12 rev. A/RES/58/240 10 the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities;17 48. Welcomes the continued work of States, the United Nations Environment Programme and regional organizations in the implementation of the Global Programme of Action for the Protection of the Marine Environment from Land- based Activities, and encourages increased emphasis on the link between freshwater, the coastal zone and marine resources in the implementation of the Millennium Development Goals, taking into account the time-bound targets in the Plan of Implementation of the World Summit on Sustainable Development (“Johannesburg Plan of Implementation”),18 in particular the target on sanitation, and the Monterrey Consensus of the International Conference on Financing for Development;19 49. Calls upon States to advance the implementation of the Global Programme of Action for the Protection of the Marine Environment from Land- based Activities and the Montreal Declaration on the Protection of the Marine Environment from Land-based Activities,20 to enhance maritime safety and the protection of the marine environment from pollution and other physical impacts, and to improve the scientific understanding and assessment of marine and coastal ecosystems as a fundamental basis for sound decision-making through the actions identified in the Johannesburg Plan of Implementation; 50. Welcomes the work of the Convention on Biological Diversity,21 the Food and Agriculture Organization of the United Nations and other relevant global and regional organizations in the development of strategies and programmes for the implementation of an integrated ecosystem-based approach to management, and urges those organizations to cooperate in the development of practical guidance in this regard; 51. Reiterates its call for urgent consideration of ways to integrate and improve, on a scientific basis, the management of risks to the marine biodiversity of seamounts, cold water coral reefs and certain other underwater features; 52. Invites the relevant global and regional bodies, in accordance with their mandates, to investigate urgently how to better address, on a scientific basis, including the application of precaution, the threats and risks to vulnerable and threatened marine ecosystems and biodiversity in areas beyond national jurisdiction; how existing treaties and other relevant instruments can be used in this process consistent with international law, in particular with the Convention, and with the principles of an integrated ecosystem-based approach to management, including the identification of those marine ecosystem types that warrant priority attention; and to explore a range of potential approaches and tools for their protection and management; and requests the Secretary-General to cooperate and liaise with those bodies and to submit an addendum to his annual report to the General Assembly at its fifty-ninth session, describing the threats and risks to such marine ecosystems and biodiversity in areas beyond national jurisdiction as well as details on any _______________ 17 A/51/116, annex II. 18 Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap. I, resolution 2, annex. 19 Report of the International Conference on Financing for Development, Monterrey, Mexico, 18–22 March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex. 20 E/CN.17/2002/PC.2/15, annex, sect. 1. 21 United Nations, Treaty Series, vol. 1760, No. 30619. A/RES/58/240 11 conservation and management measures in place at the global, regional, subregional or national levels addressing these issues; 53. Notes the scientific and technical work under the Convention on Biological Diversity relating to marine and coastal biodiversity; 54. Reaffirms the efforts of States to develop and facilitate the use of diverse approaches and tools for conserving and managing vulnerable marine ecosystems, including the establishment of marine protected areas, consistent with international law and based on the best scientific information available, and the development of representative networks of such marine protected areas by 2012; 55. Encourages States, in accordance with the Convention and other relevant instruments, either bilaterally or regionally, to jointly develop and promote contingency plans for responding to pollution incidents, as well as other incidents that are likely to have significant adverse effects on marine biodiversity; 56. Urges States and relevant global and regional bodies to enhance their cooperation in the protection and preservation of coral reefs, mangroves and seagrass beds, including through the exchange of information; 57. Reiterates its support for the International Coral Reef Initiative and welcomes the outcomes of the Second International Tropical Marine Ecosystems Management Symposium, held in Manila in 2003, supports the work under the Jakarta Mandate on the Conservation and Sustainable Use of Marine and Coastal Biological Diversity,22 and notes that the International Coral Reef Initiative and other relevant bodies are considering incorporating cold water coral ecosystems into their programmes of activities; 58. Encourages States to cooperate, directly or through competent international bodies, in exchanging information in the event of accidents involving foreign vessels on coral reefs, and in promoting the development of economic assessment techniques for both restoration and non-use values of coral reef systems; 59. Emphasizes the need to mainstream coral reef management approaches into national development strategies, as well as into the activities of relevant United Nations agencies and programmes, international financial institutions and the donor community; 60. Welcomes the convening by the International Maritime Organization of a diplomatic conference to adopt an international convention for the control and management of ships’ ballast waters and sediments; 61. Notes with interest the ongoing discussions in the Marine Environment Protection Committee of the International Maritime Organization on the designation of the Western European Atlantic coast and the English Channel as a particularly sensitive sea area, and encourages the organization to consider the eventual adoption of the proposed associated protective measure as long as it is consistent with the Convention; _______________ 22 See A/51/312, annex II, decision II/10. A/RES/58/240 12 XI Regional cooperation 62. Emphasizes once again the importance of regional organizations and arrangements for cooperation and coordination in integrated oceans management, and, where there are separate regional structures for different aspects of oceans management, such as environmental protection, fisheries management, navigation, scientific research and maritime delimitation, calls for those different structures, where appropriate, to work together for optimal cooperation and coordination; 63. Notes that there have been a number of initiatives at the regional level, in various regions, to further the implementation of the Convention, and in this context notes the results of the Second Plenary Meeting of the Conference on Maritime Delimitation in the Caribbean, held in Mexico City on 13 and 14 October 2003, as well as of the functioning of its Caribbean-focused Assistance Fund, which is intended to facilitate, mainly through technical assistance, the voluntary undertaking of maritime delimitation negotiations between Caribbean States, takes note once again of the Fund for Peace: Peaceful Settlement of Territorial Disputes established by the General Assembly of the Organization of American States in 2000 as a primary mechanism, given its broader regional scope, for the prevention and resolution of pending territorial, land border and maritime boundary disputes, and calls upon States and others in a position to do so to contribute to these Funds; XII Regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects 64. Welcomes the report of the Secretary-General containing proposals on modalities for the establishment of a regular process under the United Nations for global reporting and assessment of the state of the marine environment, including socio-economic aspects,23 and requests the Secretary-General, in close collaboration with Member States, relevant organizations and agencies and programmes of the United Nations system, other competent intergovernmental organizations and relevant non-governmental organizations, to take the following steps to establish the regular process by 2004: (a) Convene a group of experts of no more than twenty-four participants, comprising representatives of States, including all regional groups, and representatives from intergovernmental organizations and non-governmental organizations, including scientists and policy makers, to produce, including by possibly hiring a consultant, a draft document with details on the scope, general framework and outline of the regular process, peer review, secretariat, capacity- building and funding, and to consider, review and refine the draft document; (b) Transmit the draft document to States and relevant intergovernmental organizations, non-governmental organizations, scientific associations, funding mechanisms and other parties for written comments and for indication of specific issues to be addressed in the first assessment; (c) Request the group of experts to revise the draft document in the light of comments made; _______________ 23 A/58/423. A/RES/58/240 13 (d) Convene an international workshop with representatives from all interested parties, in conjunction with the fifth meeting of the Consultative Process, to further consider and review the draft document; (e) Convene an intergovernmental meeting to finalize and adopt the document and to formally establish the regular process; 65. Accepts the offer of the Government of Iceland to host this intergovernmental meeting in Reykjavik in 2004, in accordance with paragraph 17 of resolution 47/202 A of 22 December 1992; 66. Requests the Secretary-General to report to the General Assembly at its fifty-ninth session on the development of the regular process; XIII Open-ended informal consultative process on oceans and the law of the sea 67. Requests the Secretary-General to convene the fifth meeting of the Consultative Process in New York from 7 to 11 June 2004, and to provide it with the necessary facilities for the performance of its work and to arrange for support to be provided by the Division for Ocean Affairs and the Law of the Sea, in cooperation with other relevant parts of the Secretariat, including the Division for Sustainable Development of the Department of Economic and Social Affairs, as appropriate; 68. Recommends that, in its deliberations on the report of the Secretary- General on oceans and the law of the sea at its meeting, the Consultative Process should organize its discussions around the following areas: New sustainable uses of the oceans, including the conservation and management of the biological diversity of the seabed in areas beyond national jurisdiction; as well as issues discussed at previous meetings; XIV Inter-agency coordination and cooperation 69. Reiterates its request to the Secretary-General to establish an effective, transparent and regular inter-agency coordinating mechanism for issues relating to oceans and seas within the United Nations system, taking into account paragraph 49 of Part A of the report of the Consultative Process at its third meeting;24 70. Requests the Secretary-General to bring the present resolution to the attention of heads of intergovernmental organizations, the specialized agencies and funds and programmes of the United Nations engaged in activities relating to ocean affairs and the law of the sea, drawing their attention to paragraphs of particular relevance to them, and underlines the importance of their constructive and timely input for the report of the Secretary-General on oceans and the law of the sea and of their participation in relevant meetings and processes; 71. Invites the competent international organizations, as well as funding institutions, to take specific account of the present resolution in their programmes _______________ 24 See A/57/80. A/RES/58/240 14 and activities and to contribute to the preparation of the comprehensive report of the Secretary-General on oceans and the law of the sea; XV Activities of the Division for Ocean Affairs and the Law of the Sea 72. Expresses its appreciation to the Secretary-General for the annual comprehensive report on oceans and the law of the sea,4 prepared by the Division for Ocean Affairs and the Law of the Sea, as well as for the other activities of the Division, in accordance with the provisions of the Convention and the mandate set forth in resolutions 49/28, 52/26, 54/33, and 56/12 of 28 November 2001; 73. Requests the Secretary-General to continue to carry out the responsibilities entrusted to him in the Convention and related resolutions of the General Assembly, including resolutions 49/28 and 52/26, and to ensure that appropriate resources are made available to the Division for Ocean Affairs and the Law of the Sea for the performance of such responsibilities under the approved budget for the Organization; 74. Invites Member States and others in a position to do so to support the training activities under the TRAIN-SEA-COAST Programme of the Division for Ocean Affairs and the Law of the Sea; XVI Trust funds and fellowships 75. Recognizes the importance of assisting developing countries, in particular the least developed countries and small island developing States, in implementing the Convention, and urges States, intergovernmental organizations and agencies, national institutions, non-governmental organizations and international financial institutions, as well as natural and juridical persons, to make voluntary financial or other contributions to the trust funds, as referred to in resolution 57/141, established for this purpose; 76. Also recognizes the importance of the Trust Fund for preparation of submissions to the Commission in assisting developing States, in particular the least developed countries and small island developing States, in preparing their submissions where their continental shelves extend beyond 200 nautical miles and, in order to facilitate the management of the Trust Fund, amends, as set out in the annex to the present resolution, sections 1, 4 and 6 of the terms of reference, guidelines and rules of the Trust Fund, as contained in annex II to resolution 55/7 of 30 October 2000, in accordance with paragraph 31 of the annex; 77. Urges Member States and others in a position to do so to contribute to the further development of the Hamilton Shirley Amerasinghe Memorial Fellowship Programme on the Law of the Sea established by the General Assembly in its resolution 35/116 of 10 December 1980; XVII Fifty-ninth session of the General Assembly 78. Requests the Secretary-General to report to the General Assembly at its fifty-ninth session on the implementation of the present resolution, including other developments and issues relating to ocean affairs and the law of the sea, in connection with his annual comprehensive report on oceans and the law of the sea, A/RES/58/240 15 and to provide the report in accordance with the modalities set out in resolutions 49/28, 52/26 and 54/33, and also requests the Secretary-General to make the report available, in its current comprehensive format, at least six weeks in advance of the meeting of the Consultative Process; 79. Decides to include in the provisional agenda of its fifty-ninth session the item entitled “Oceans and the law of the sea”. 79th plenary meeting 23 December 2003 Annex Amendments to the terms of reference, guidelines and rules of the Trust Fund for the purpose of facilitating the preparation of submissions to the Commission on the Limits of the Continental Shelf for developing States, in particular the least developed countries and small island developing States, and compliance with article 76 of the United Nations Convention on the Law of the Sea 1. Reasons for establishing the Trust Fund In paragraph 2, amend the last sentence to read: “The earliest deadline for submission for States is 13 May 2009.” 4. Application for financial assistance In paragraph 17, amend sub-item (a) (iv) to read: “(iv) The curriculum vitae of the trainees, including their date of birth;” 6. Granting of assistance Amend paragraph 23 to read: “23. The Secretary-General will provide financial assistance from the Fund for requests approved on the basis of the evaluation and recommendation of the Division on the advice of the Panel of Experts. Payments will be processed by the Organization in accordance with standard practices.
AFGHANISTAN
0
A/RES/58/292
Resolution adopted by the General Assembly on 6 May 2004 [without reference to a Main Committee (A/58/L.61/Rev.1)] 58/292. Status of the Occupied Palestinian Territory, including East Jerusalem The General Assembly, Recalling its resolutions 3237 (XXIX) of 22 November 1974, 43/177 of 15 December 1988 and 52/250 of 7 July 1998, Recalling also Security Council resolutions 242 (1967) of 22 November 1967, 338 (1973) of 22 October 1973, 1397 (2002) of 12 March 2002 and 1515 (2003) of 19 November 2003, Recalling further the relevant provisions of international law, as well as relevant United Nations resolutions, with regard to Israeli settlements and to Occupied East Jerusalem, Reaffirming the principle of the inadmissibility of the acquisition of territory by force, Noting that Palestine, in its capacity as observer and pending its attainment of full membership in the United Nations, does not present credentials to the General Assembly, Affirming the need to enable the Palestinian people to exercise sovereignty and to achieve independence in their State, Palestine, 1. Affirms that the status of the Palestinian territory occupied since 1967, including East Jerusalem, remains one of military occupation, and affirms, in accordance with the rules and principles of international law and relevant resolutions of the United Nations, including Security Council resolutions, that the Palestinian people have the right to self-determination and to sovereignty over their territory and that Israel, the occupying Power, has only the duties and obligations of an occupying Power under the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 19491 and the Regulations annexed to the Hague Convention respecting the Laws and Customs of War on Land, of 1907;2 _______________ 1 United Nations, Treaty Series, vol. 75, No. 973. 2 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). A/RES/58/292 2 2. Expresses its determination to contribute to the achievement of the inalienable rights of the Palestinian people and the attainment of a just and comprehensive negotiated peace settlement in the Middle East resulting in two viable, sovereign and independent States, Israel and Palestine, based on the pre-1967 borders and living side by side in peace and security.
AFGHANISTAN
0
A/RES/58/317
Resolution adopted by the General Assembly on 5 August 2004 [without reference to a Main Committee (A/58/L.67/Rev.1)] 58/317. Reaffirming the central role of the United Nations in the maintenance of international peace and security and the promotion of international cooperation The General Assembly, Bearing in mind the Charter of the United Nations, including the purposes and principles contained therein, and especially the determination to save succeeding generations from the scourge of war, and emphasizing its paramount importance for the maintenance of international peace and security and the development of friendly relations and cooperation among States, Considering that the promotion of respect for the obligations arising from the Charter and other instruments and rules of international law is among the basic purposes and principles of the United Nations, and in this context recalling the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, annexed to its resolution 2625 (XXV) of 24 October 1970, Recalling the United Nations Millennium Declaration, adopted by heads of State and Government at the Millennium Summit of the United Nations on 8 September 2000,1 Reaffirming its determination to establish and maintain a just and lasting international peace and security in accordance with the Charter and relevant resolutions of the United Nations, upholding the need to abide strictly by the relevant provisions of the Charter on the sovereign equality of all Member States, respect for their territorial integrity and political independence and non-interference in their internal affairs, the non-use of force or threat of force, resolution of disputes by peaceful means in conformity with the principles of justice and international law, the right to self-determination of peoples remaining under colonial or other forms of alien domination or foreign occupation, respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion, and international cooperation in solving international problems of an economic, social, cultural or humanitarian character, and convinced that _______________ 1 See resolution 55/2. A/RES/58/317 2 development can be achieved only in a climate of peace, security and mutual confidence both within and among Member States, Reiterating that the responsibility for managing and achieving worldwide economic and social development, as well as responding to threats to international peace and security, must be shared among all nations of the world and exercised multilaterally and that, in this context, as the most universal and most representative intergovernmental organization, the United Nations must play the central role, 1. Reiterates the need for full observance of the Charter of the United Nations and the unrestricted application of all the principles and the achievement of the purposes that it enshrines, including, inter alia, the principles regarding the sovereign equality of Member States and the necessity of respecting the political independence of nations, and reaffirms the central role of the United Nations in the maintenance of international peace and security and the strengthening of international cooperation in conformity with the Charter; 2. Reaffirms the irreplaceable role of the United Nations and the necessity of ensuring the equal participation of all Member States, in a transparent manner, in a multilateral system, guided by the Charter and founded on universally recognized values and norms; 3. Also reaffirms its commitment to multilateralism, which entails, inter alia, respect for the Charter and the principles and norms of international law and the adoption of measures to prevent the use or the threat of use of force and the exercise of pressure and coercion as a means for obtaining certain political objectives, and in this context underlines the fact that Member States have committed themselves to refraining in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, and to upholding the principle of settlement of international disputes by peaceful means in such a manner as not to endanger international peace and security and justice, bearing in mind the need to allay the legitimate concern of Member States with regard to ensuring lasting safety and security for their peoples; 4. Re-emphasizes the respective prerogatives and functions of the General Assembly, the Security Council and the Economic and Social Council as defined in the Charter, and the need to enhance the coordination among these organs, which constitute the framework for the achievement of the purposes of the United Nations, and underlines its conviction regarding the need to sustain as a priority in the process of reform of the United Nations, the revitalization and strengthening of the Assembly and the reforms of the Security Council and the Economic and Social Council, with a view to strengthening further the capacity of the United Nations so as to enable it to improve its performance in undertaking its functions and responsibilities, mindful, in this context, of the need to involve all Member States in these processes in order to ensure that their perspectives, concerns and interests will be taken fully into account; 5. Welcomes the establishment by the Secretary-General of the High-level Panel on Threats, Challenges and Change, and takes note of its terms of reference;2 _______________ 2 A/58/612, annex I. A/RES/58/317 3 6. Calls upon all States to cooperate fully through constructive dialogue in order to ensure the full enjoyment, promotion and protection of all human rights and fundamental freedoms for all, as well as in the promotion of the peaceful resolution of international problems, including those of a humanitarian character, the prevention and end of genocide, crimes against humanity and war crimes and the prosecution of those responsible for such crimes, and, in their actions towards that purpose, calls upon them to comply strictly with the principles and norms of international law, inter alia, by fully respecting their obligations under international human rights instruments and humanitarian law; 7. Reaffirms the right to self-determination of peoples that remain under colonial or other forms of alien domination or foreign occupation, in conformity with the Charter and the relevant resolutions of the United Nations; 8. Expresses its deep concern over any act or threat of foreign intervention or occupation of any State or territory in contravention of the Charter; 9. Underlines the need to strengthen the capacity of the United Nations in the areas of prevention and resolution of armed conflict, including relevant peace- building and development activities, as well as in the areas of peacemaking and peacekeeping, in accordance with the Charter, and calls for the building up of consensus among Member States in defining the scope, orientation and needs of such capacity in the light of current and evolving challenges and threats to international peace and security, taking into consideration, in this context, the need for partnership between the United Nations and relevant regional and subregional intergovernmental organizations in accordance with Chapter VIII of the Charter; 10. Reaffirms the important role of women in the prevention and resolution of conflicts and in peace-building, and stresses the importance of their full and equal participation in all efforts to maintain and promote peace and security and the need to increase their role in decision-making with regard to conflict prevention and resolution and the rebuilding of post-conflict societies; 11. Condemns acts of terrorism in all its forms and manifestations, wherever and by whomsoever committed, reiterates its call upon all States to adopt and implement further measures to prevent terrorism and to strengthen international cooperation in combating terrorism, and reaffirms that measures taken by States must be in accordance with the Charter and must comply with their obligations under international law and the relevant resolutions of the United Nations; 12. Reaffirms the importance of achieving the total elimination of all weapons of mass destruction globally, in particular nuclear weapons, which pose the greatest danger to mankind and the survival of civilization, reiterates in this context its deep concern over the slow pace of progress towards nuclear disarmament, emphasizes that the achievement of genuine peace and security demands that the policies of States be directed towards the elimination of the threat of war, in particular nuclear war, bearing also in mind all the resulting predictable consequences of the resurgence of a new arms race among States, also reaffirms the need for all Member States to fulfil their obligations in relation to arms control and disarmament and to prevent the proliferation in all its aspects of weapons of mass destruction, and further reaffirms that the ultimate objective of the efforts of States in the disarmament process is general and complete disarmament; A/RES/58/317 4 13. Reiterates its call upon all States urging them, as well as the relevant United Nations bodies, to take appropriate measures to fully implement the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects;3 14. Emphasizes that the United Nations has a central role in promoting and coordinating international cooperation for development, as well as in the follow-up to international economic affairs and the outcome of the major United Nations conferences and summits in the economic and social fields and in promoting policy coherence on global economic, social and development issues, in consonance with the relevant provisions of the Charter, and expresses its commitment to work for the strengthening of its role as coordinator of the efforts carried out by the international community in this regard, with a view to ensuring the achievement of a fair, democratic, transparent and equitable international economic environment, in which the opportunities offered by globalization are to the advantage of all countries, in particular the developing countries. 93rd plenary meeting 5 August 2004 _______________ 3 See Report of the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, New York, 9–20 July 2001 (A/CONF.192/15), chap. IV, para. 24.
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A/RES/58/39
Resolution adopted by the General Assembly on 8 December 2003 [on the report of the First Committee (A/58/462)] 58/39. Conventional arms control at the regional and subregional levels The General Assembly, Recalling its resolutions 48/75 J of 16 December 1993, 49/75 O of 15 December 1994, 50/70 L of 12 December 1995, 51/45 Q of 10 December 1996, 52/38 Q of 9 December 1997, 53/77 P of 4 December 1998, 54/54 M of 1 December 1999, 55/33 P of 20 November 2000, 56/24 I of 29 November 2001 and 57/77 of 22 November 2002, Recognizing the crucial role of conventional arms control in promoting regional and international peace and security, Convinced that conventional arms control needs to be pursued primarily in the regional and subregional contexts since most threats to peace and security in the post-cold-war era arise mainly among States located in the same region or subregion, Aware that the preservation of a balance in the defence capabilities of States at the lowest level of armaments would contribute to peace and stability and should be a prime objective of conventional arms control, Desirous of promoting agreements to strengthen regional peace and security at the lowest possible level of armaments and military forces, Noting with particular interest the initiatives taken in this regard in different regions of the world, in particular the commencement of consultations among a number of Latin American countries and the proposals for conventional arms control made in the context of South Asia, and recognizing, in the context of this subject, the relevance and value of the Treaty on Conventional Armed Forces in Europe,1 which is a cornerstone of European security, Believing that militarily significant States and States with larger military capabilities have a special responsibility in promoting such agreements for regional security, _______________ 1 CD/1064. A/RES/58/39 2 Believing also that an important objective of conventional arms control in regions of tension should be to prevent the possibility of military attack launched by surprise and to avoid aggression, 1. Decides to give urgent consideration to the issues involved in conventional arms control at the regional and subregional levels; 2. Requests the Conference on Disarmament to consider the formulation of principles that can serve as a framework for regional agreements on conventional arms control, and looks forward to a report of the Conference on this subject; 3. Requests the Secretary-General, in the meantime, to seek the views of Member States on the subject and to submit a report to the General Assembly at its fifty-ninth session; 4. Decides to include in the provisional agenda of its fifty-ninth session the item entitled “Conventional arms control at the regional and subregional levels”.
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A/RES/58/46
Resolution adopted by the General Assembly on 8 December 2003 [on the report of the First Committee (A/58/462)] 58/46. Follow-up to the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons The General Assembly, Recalling its resolutions 49/75 K of 15 December 1994, 51/45 M of 10 December 1996, 52/38 O of 9 December 1997, 53/77 W of 4 December 1998, 54/54 Q of 1 December 1999, 55/33 X of 20 November 2000, 56/24 S of 29 November 2001 and 57/85 of 22 November 2002, Convinced that the continuing existence of nuclear weapons poses a threat to all humanity and that their use would have catastrophic consequences for all life on Earth, and recognizing that the only defence against a nuclear catastrophe is the total elimination of nuclear weapons and the certainty that they will never be produced again, Reaffirming the commitment of the international community to the goal of the total elimination of nuclear weapons and the creation of a nuclear-weapon-free world, Mindful of the solemn obligations of States parties, undertaken in article VI of the Treaty on the Non-Proliferation of Nuclear Weapons,1 particularly to pursue negotiations in good faith on effective measures relating to cessation of the nuclear-arms race at an early date and to nuclear disarmament, Recalling the principles and objectives for nuclear non-proliferation and disarmament adopted at the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,2 Emphasizing the unequivocal undertaking by the nuclear-weapon States to accomplish the total elimination of their nuclear arsenals leading to nuclear _______________ 1 United Nations, Treaty Series, vol. 729, No. 10485. 2 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex, decision 2. A/RES/58/46 2 disarmament, adopted at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,3 Recalling the adoption of the Comprehensive Nuclear-Test-Ban Treaty in its resolution 50/245 of 10 September 1996, and expressing its satisfaction at the increasing number of States that have signed and ratified the Treaty, Recognizing with satisfaction that the Antarctic Treaty4 and the treaties of Tlatelolco,5 Rarotonga,6 Bangkok7 and Pelindaba8 are gradually freeing the entire southern hemisphere and adjacent areas covered by those treaties from nuclear weapons, Stressing the importance of strengthening all existing nuclear-related disarmament, arms control and reduction measures, Recognizing the need for a multilaterally negotiated and legally binding instrument to assure non-nuclear-weapon States against the threat or use of nuclear weapons, Reaffirming the central role of the Conference on Disarmament as the single multilateral disarmament negotiating forum, and regretting the lack of progress in disarmament negotiations, particularly nuclear disarmament, in the Conference during its 2003 session, Emphasizing the need for the Conference on Disarmament to commence negotiations on a phased programme for the complete elimination of nuclear weapons with a specified framework of time, Expressing its deep concern at the lack of progress in the implementation of the thirteen steps to implement article VI of the Treaty on the Non-Proliferation of Nuclear Weapons agreed to at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,9 Desiring to achieve the objective of a legally binding prohibition of the development, production, testing, deployment, stockpiling, threat or use of nuclear weapons and their destruction under effective international control, Recalling the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons, issued on 8 July 1996,10 Taking note of the relevant portions of the report of the Secretary-General relating to the implementation of resolution 57/85,11 _______________ 3 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I, section entitled “Article VI and eighth to twelfth preambular paragraphs”, para. 15:6. 4 United Nations, Treaty Series, vol. 402, No. 5778. 5 Ibid., vol. 634, No. 9068. 6 See The United Nations Disarmament Yearbook, vol. 10: 1985 (United Nations publication, Sales No. E.86.IX.7), appendix VII. 7 Treaty on the South-East Asia Nuclear-Weapon-Free Zone. 8 A/50/426, annex. 9 See 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I, section entitled “Article VI and eighth to twelfth preambular paragraphs”, para. 15. 10 A/51/218, annex; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports, 1996, p. 226. 11 A/58/162 and Add.1. A/RES/58/46 3 1. Underlines once again the unanimous conclusion of the International Court of Justice that there exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control; 2. Calls once again upon all States immediately to fulfil that obligation by commencing multilateral negotiations leading to an early conclusion of a nuclear weapons convention prohibiting the development, production, testing, deployment, stockpiling, transfer, threat or use of nuclear weapons and providing for their elimination; 3. Requests all States to inform the Secretary-General of the efforts and measures they have taken on the implementation of the present resolution and nuclear disarmament, and requests the Secretary-General to apprise the General Assembly of that information at its fifty-ninth session; 4. Decides to include in the provisional agenda of its fifty-ninth session the item entitled “Follow-up to the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons”.
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A/RES/58/49
Resolution adopted by the General Assembly on 8 December 2003 [on the report of the First Committee (A/58/462)] 58/49. Nuclear-weapon-free southern hemisphere and adjacent areas The General Assembly, Recalling its resolutions 51/45 B of 10 December 1996, 52/38 N of 9 December 1997, 53/77 Q of 4 December 1998, 54/54 L of 1 December 1999, 55/33 I of 20 November 2000, 56/24 G of 29 November 2001 and 57/73 of 22 November 2002, Welcoming the adoption by the Disarmament Commission at its 1999 substantive session of a text entitled “Establishment of nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the region concerned”,1 Determined to pursue the total elimination of nuclear weapons, Determined also to continue to contribute to the prevention of the proliferation of nuclear weapons in all its aspects and to the process of general and complete disarmament under strict and effective international control, in particular in the field of nuclear weapons and other weapons of mass destruction, with a view to strengthening international peace and security, in accordance with the purposes and principles of the Charter of the United Nations, Recalling the provisions on nuclear-weapon-free zones of the Final Document of the Tenth Special Session of the General Assembly,2 the first special session devoted to disarmament, Stressing the importance of the treaties of Tlatelolco,3 Rarotonga,4 Bangkok5 and Pelindaba6 establishing nuclear-weapon-free zones, as well as the Antarctic Treaty,7 to, inter alia, achieve a world entirely free of nuclear weapons, _______________ 1 Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 42 (A/54/42), annex I. 2 Resolution S-10/2. 3 United Nations, Treaty Series, vol. 634, No. 9068. 4 See The United Nations Disarmament Yearbook, vol. 10: 1985 (United Nations publication, Sales No. E.86.IX.7), appendix VII. 5 Treaty on the South-East Asia Nuclear-Weapon-Free Zone. 6 A/50/426, annex. 7 United Nations, Treaty Series, vol. 402, No. 5778. A/RES/58/49 2 Underlining the value of enhancing cooperation among the nuclear-weapon-free-zone treaty members by means of mechanisms such as joint meetings of States parties, signatories and observers to those treaties, Recalling the applicable principles and rules of international law relating to the freedom of the high seas and the rights of passage through maritime space, including those of the United Nations Convention on the Law of the Sea,8 1. Welcomes the continued contribution that the Antarctic Treaty7 and the treaties of Tlatelolco,3 Rarotonga,4 Bangkok5 and Pelindaba6 are making towards freeing the southern hemisphere and adjacent areas covered by those treaties from nuclear weapons; 2. Also welcomes the ratification by all original parties of the Treaty of Rarotonga, and calls upon eligible States to adhere to the treaty and the protocols thereto; 3. Further welcomes the efforts towards the completion of the ratification process of the Treaty of Pelindaba, and calls upon the States of the region that have not yet done so to sign and ratify the treaty, with the aim of its early entry into force; 4. Calls upon all concerned States to continue to work together in order to facilitate adherence to the protocols to nuclear-weapon-free-zone treaties by all relevant States that have not yet done so; 5. Welcomes the steps taken to conclude further nuclear-weapon-free-zone treaties on the basis of arrangements freely arrived at among the States of the region concerned, and calls upon all States to consider all relevant proposals, including those reflected in its resolutions on the establishment of nuclear-weapon-free zones in the Middle East and South Asia; 6. Affirms its conviction of the important role of nuclear-weapon-free zones in strengthening the nuclear non-proliferation regime and in extending the areas of the world that are nuclear-weapon-free, and, with particular reference to the responsibilities of the nuclear-weapon States, calls upon all States to support the process of nuclear disarmament and to work for the total elimination of all nuclear weapons; 7. Calls upon the States parties and signatories to the treaties of Tlatelolco, Rarotonga, Bangkok and Pelindaba, in order to pursue the common goals envisaged in those treaties and to promote the nuclear-weapon-free status of the southern hemisphere and adjacent areas, to explore and implement further ways and means of cooperation among themselves and their treaty agencies; 8. Welcomes the vigorous efforts being made among States parties and signatories to those treaties to promote their common objectives, and considers that an international conference of States parties and signatories to the nuclear-weapon-free-zone treaties might be held to support the common goals envisaged in those treaties; _______________ 8 See The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea of 10 December 1982 and of the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 with Index and Excerpts from the Final Act of the Third United Nations Conference on the Law of the Sea (United Nations publication, Sales No. E.97.V.10). A/RES/58/49 3 9. Encourages the competent authorities of the nuclear-weapon-free-zone treaties to provide assistance to the States parties and signatories to those treaties so as to facilitate the accomplishment of these goals; 10. Decides to include in the provisional agenda of its fifty-ninth session the item entitled “Nuclear-weapon-free southern hemisphere and adjacent areas”.
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A/RES/58/51
Resolution adopted by the General Assembly on 8 December 2003 [on the report of the First Committee (A/58/462)] 58/51. Towards a nuclear-weapon-free world: a new agenda The General Assembly, Recalling its resolutions 53/77 Y of 4 December 1998, 54/54 G of 1 December 1999, 55/33 C of 20 November 2000 and 57/59 of 22 November 2002, Convinced that the existence of nuclear weapons is a threat to the survival of humanity and that the only real guarantee against the use or threat of use of these weapons is their complete elimination and the assurance that they will never be used or produced again, Convinced also that the retention of nuclear weapons carries the inherent risk of proliferation of those weapons and their falling into the hands of non-State actors, Reaffirming that nuclear non-proliferation and nuclear disarmament are equally important and mutually reinforcing processes requiring continuous irreversible progress on both fronts, Declaring that the participation of the international community as a whole is central to the maintenance and enhancement of international peace and stability, and that international security is a collective concern requiring collective engagement, Declaring also that internationally negotiated treaties in the field of disarmament have made a fundamental contribution to international peace and security, and that unilateral and bilateral nuclear disarmament measures complement the treaty-based multilateral approach towards nuclear disarmament, Noting the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons, issued at The Hague on 8 July 1996,1 Declaring that any presumption of the indefinite possession of nuclear weapons by the nuclear-weapon States is incompatible with the integrity and sustainability of the nuclear non-proliferation regime and with the broader goal of the maintenance of international peace and security, Declaring that each article of the Treaty on the Non-Proliferation of Nuclear Weapons2 is binding on the States parties at all times and in all circumstances and _______________ 1 A/51/218, annex; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226. 2 United Nations, Treaty Series, vol. 729, No. 10485. A/RES/58/51 2 that it is imperative that all States parties be held fully accountable with respect to the strict compliance with their obligations under the Treaty, and that the undertakings therein on nuclear disarmament have been given and implementation of them remains imperative, Expressing its deep concern at the limited progress made to date in implementing the thirteen steps on nuclear disarmament, and determined to implement these thirteen practical steps, to which all States parties agreed at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,3 Expressing its deep concern at the continued failure of the Conference on Disarmament to deal with nuclear disarmament and to resume negotiations on a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons and other devices, taking into consideration both nuclear disarmament and nuclear non-proliferation objectives, Expressing grave concern that the Comprehensive Nuclear-Test-Ban Treaty4 has not yet entered into force, Stressing the importance of regular reporting in promoting confidence in the Treaty on the Non-Proliferation of Nuclear Weapons, Noting the successful completion in September 2002 of the first phase of the Trilateral Initiative, involving the International Atomic Energy Agency, the Russian Federation and the United States of America, which aims to enable the placement of excess nuclear materials from dismantled weapons under international safeguards, Convinced that the further reduction of non-strategic nuclear weapons constitutes an integral part of the nuclear arms reduction and disarmament process, Noting that, despite bilateral agreements, there is no sign of engagement of all of the five nuclear-weapon States in the multilateral process leading to the total elimination of nuclear weapons, Declaring that it is essential that the fundamental principles of transparency, verification and irreversibility apply to all nuclear disarmament measures, Expressing its deep concern at the continued retention of the nuclear-weapons option by those three States, India, Israel and Pakistan, that have not yet acceded to the Treaty on the Non-Proliferation of Nuclear Weapons and that operate unsafeguarded nuclear facilities, in particular given the effects of regional volatility on international security, and, in this context, the continued regional tensions and deteriorating security situation in South Asia and the Middle East, Expressing also its deep concern at the announcement by the Democratic People’s Republic of Korea to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons and at its decision to restart the Yongbyon nuclear reactor without International Atomic Energy Agency safeguards, _______________ 3 See 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I, section entitled “Article VI and eighth to twelfth preambular paragraphs”, para. 15. 4 See resolution 50/245. A/RES/58/51 3 Expressing concern that the development of missile defences could impact negatively on nuclear disarmament and non-proliferation and lead to a new arms race on earth and in outer space, Stressing that no actions be taken that would lead to the weaponization of outer space, Expressing its deep concern about emerging approaches to the broader role of nuclear weapons as part of security strategies, including rationalizations for the use, and the possible development, of new types of nuclear weapons, Welcoming further the progress in the development of nuclear-weapon-free zones, Recalling the United Nations Millennium Declaration,5 in which the heads of State and Government resolved to strive for the elimination of weapons of mass destruction, in particular nuclear weapons, and to keep all options open for achieving this aim, including the possibility of convening an international conference to identify ways of eliminating nuclear dangers, Taking into consideration the unequivocal undertaking by the nuclear-weapon States, in the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, to accomplish the total elimination of their nuclear arsenals leading to nuclear disarmament, to which all the States parties to the Treaty are committed under article VI of the Treaty,6 1. Reaffirms that any possibility that nuclear weapons could be used represents a continued risk for humanity; 2. Calls upon all States to refrain from any action that could lead to a new nuclear-arms race or that could impact negatively on nuclear disarmament and non- proliferation; 3. Calls upon all States to fulfil all their obligations under international treaties and international law in the field of nuclear disarmament and non- proliferation; 4. Calls upon all States parties to pursue, with determination, the full and effective implementation of the agreements reached at the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons,7 the outcome of which provides the requisite plan to achieve nuclear disarmament; 5. Agrees on the importance and urgency of signatures and ratifications required to achieve the early entry into force of the Comprehensive Nuclear-Test- Ban Treaty;4 6. Calls for the upholding and maintenance of the moratorium on nuclear- weapon-test explosions or any other nuclear explosions pending the entry into force of the Comprehensive Nuclear-Test-Ban Treaty; _______________ 5 See resolution 55/2. 6 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I, section entitled “Article VI and eighth to twelfth preambular paragraphs”, para. 15:6. 7 See 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vol. I (NPT/CONF.2000/28 (Parts I and II)), part I. A/RES/58/51 4 7. Underlines the urgency of the entry into force of the Comprehensive Nuclear-Test-Ban Treaty in the context of the progress achieved in implementing the international monitoring system; 8. Calls upon the nuclear-weapon States to implement the commitments made in the Treaty on the Non-Proliferation of Nuclear Weapons,2 as well as in other nuclear disarmament or reductions agreements or initiatives, and to apply the principle of irreversibility by destroying their nuclear warheads and avoid keeping them in a state that lends itself to their possible redeployment; 9. Acknowledges that the reductions in the number of deployed strategic nuclear warheads envisaged by the Treaty on Strategic Offensive Reductions (“the Moscow Treaty”)8 represent a positive first step, and calls on the United States of America and the Russian Federation to make the Treaty verifiable, irreversible and transparent and to address non-operational warheads, thus making it an effective nuclear disarmament measure; 10. Agrees that the further reduction of non-strategic nuclear weapons should be accorded a higher priority as an important step towards the elimination of nuclear weapons and be carried out in a comprehensive manner, including: (a) Further reductions in and elimination of non-strategic nuclear weapons based on unilateral initiatives and as an integral part of the nuclear-arms reduction and disarmament process; (b) The implementation of reductions in a transparent, verifiable and irreversible manner; (c) The preservation, reaffirmation and implementation of the 1991 and 1992 presidential nuclear initiatives of the United States of America and the Union of Soviet Socialist Republics/Russian Federation on non-strategic nuclear weapons; (d) The formalization by the Russian Federation and the United States of America of their presidential nuclear initiatives into legal instruments and the initiation of negotiations on further reductions of such weapons; (e) The enhancement of special security and physical protection measures for the transport and storage of non-strategic nuclear weapons, their components and related materials through, inter alia, the placing of such weapons in physically secure central storage sites with a view to their removal and subsequent elimination by the nuclear-weapon States as a part of the nuclear disarmament process to which they are committed under the Treaty on the Non-Proliferation of Nuclear Weapons, as well as the necessary steps to be taken by all nuclear-weapon States in possession of such weapons in this regard; (f) The achievement of further confidence-building and transparency measures to reduce the threats posed by non-strategic nuclear weapons; (g) The achievement of concrete agreed measures to reduce further the operational status of non-strategic nuclear weapons systems so as to reduce the risk of use of non-strategic nuclear weapons; (h) The undertaking by the nuclear-weapon States that possess these weapons not to increase the number or types of weapons deployed and not to develop new types of these weapons or rationalizations for their use; _______________ 8 See CD/1674. A/RES/58/51 5 (i) The prohibition of those types of non-strategic nuclear weapons that have already been removed from the arsenals of some nuclear-weapon States and the development of transparency mechanisms for the verification of the elimination of these weapons; 11. Calls upon the nuclear-weapon States to increase their transparency and accountability with regard to their nuclear weapons arsenals and their implementation of disarmament measures; 12. Agrees that the Conference on Disarmament should establish, without delay, an appropriate ad hoc committee to deal with nuclear disarmament; 13. Agrees that the Conference on Disarmament should resume negotiations on a non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, taking into consideration both nuclear disarmament and nuclear non-proliferation objectives; 14. Agrees that the Conference on Disarmament should complete the examination and updating of the mandate on the prevention of an arms race in outer space in all its aspects, as contained in its decision of 13 February 1992,9 and re- establish an ad hoc committee as early as possible; 15. Calls upon the nuclear-weapon States to undertake the necessary steps towards the seamless integration of all five nuclear-weapon States into a process leading to the total elimination of nuclear weapons; 16. Notes that the third and, as appropriate, fourth meetings of the Preparatory Committee for the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, taking into account the deliberations and results of the previous sessions, should make every effort to produce a report containing recommendations to the Review Conference; 17. Stresses the importance of regular reporting in promoting confidence in the Treaty on the Non-Proliferation of Nuclear Weapons; 18. Calls upon the nuclear-weapon States to respect fully their existing commitments with regard to security assurances pending the conclusion of multilaterally negotiated legally binding security assurances for all non-nuclear- weapon States parties; 19. Notes the proposals on security assurances that have been submitted to the States parties to the Treaty on the Non-Proliferation of Nuclear Weapons, and calls upon the Preparatory Committee for the 2005 Review Conference to allow time to thoroughly consider the matter of security assurances at its third meeting so as to make recommendations to the Review Conference on how to take the matter forward; 20. Calls upon those three States, India, Israel and Pakistan, which are not yet parties to the Treaty on the Non-Proliferation of Nuclear Weapons and which operate unsafeguarded nuclear facilities, to accede to the Treaty as non-nuclear- weapon States promptly and without condition, to bring into force the required comprehensive safeguards agreements, together with additional protocols, consistent with the Model Protocol Additional to the Agreement(s) between State(s) and the _______________ 9 CD/1125. A/RES/58/51 6 International Atomic Energy Agency for the Application of Safeguards approved by the Board of Governors of the International Atomic Energy Agency on 15 May 1997,10 for ensuring nuclear non-proliferation and to reverse clearly and urgently any policies to pursue any nuclear weapons development or deployment and refrain from any action that could undermine regional and international peace and security and the efforts of the international community towards nuclear disarmament and the prevention of nuclear weapons proliferation; 21. Reaffirms the conviction that the establishment of internationally recognized nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the regions concerned enhances global and regional peace and security, strengthens the nuclear non-proliferation regime and contributes towards realizing the objective of nuclear disarmament; 22. Expresses concern at tensions in the Middle East and South Asia, and renews support for the establishment of a Middle East zone free of nuclear weapons and other weapons of mass destruction and of a nuclear-weapon-free zone in South Asia; 23. Calls upon those States that have not yet done so to conclude full-scope safeguards agreements with the International Atomic Energy Agency and to conclude additional protocols to their safeguards agreements on the basis of the Model Protocol; 24. Calls upon the Democratic People’s Republic of Korea to reconsider its recent announcements, with a view to being in full compliance with the provisions of the Treaty on the Non-Proliferation of Nuclear Weapons, and in this connection supports all diplomatic efforts for an early, peaceful resolution of the situation and for the establishment of an area free of nuclear weapons on the Korean peninsula; 25. Stresses that the International Atomic Energy Agency must be able to verify and ensure that nuclear facilities of the States parties to the Treaty on the Non-Proliferation of Nuclear Weapons are being used for peaceful purposes only, and calls on States to cooperate fully and immediately with the Agency in resolving issues arising from the implementation of their respective obligations towards it; 26. Calls upon the Russian Federation and the United States of America to approach the International Atomic Energy Agency to carry out the verification requirements set forth in the Plutonium Management and Disposition Agreement signed by the two States on the basis of the model legal framework that has been agreed on and that is now available to be used in new verification agreements between the Agency and each of the two States; 27. Calls upon all nuclear-weapon States to make arrangements for the placing, as soon as practicable, of their fissile material no longer required for military purposes under International Atomic Energy Agency or other relevant international verification and to make arrangements for the disposition of such material for peaceful purposes in order to ensure that such material remains permanently outside military programmes; 28. Affirms that a nuclear-weapon-free world will ultimately require the underpinning of a universal and multilaterally negotiated legally binding instrument or a framework encompassing a mutually reinforcing set of instruments; _______________ 10 International Atomic Energy Agency, INFCIRC/540 (Corrected). A/RES/58/51 7 29. Acknowledges the report of the Secretary-General on the implementation of resolution 57/59,11 and requests him to prepare a report, within existing resources, on the implementation of the present resolution; 30. Decides to include in the provisional agenda of its fifty-ninth session an item entitled “Towards a nuclear-weapon-free world: a new agenda”, and to review the implementation of the present resolution at that session. 71st plenary meeting 8 December 2003 _______________ 11 A/58/162 and Add.1.
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A/RES/58/64
Resolution adopted by the General Assembly on 8 December 2003 [on the report of the First Committee (A/58/463)] 58/64. Convention on the Prohibition of the Use of Nuclear Weapons The General Assembly, Convinced that the use of nuclear weapons poses the most serious threat to the survival of mankind, Bearing in mind the advisory opinion of the International Court of Justice of 8 July 1996 on the Legality of the Threat or Use of Nuclear Weapons,1 Convinced that a multilateral, universal and binding agreement prohibiting the use or threat of use of nuclear weapons would contribute to the elimination of the nuclear threat and to the climate for negotiations leading to the ultimate elimination of nuclear weapons, thereby strengthening international peace and security, Conscious that some steps taken by the Russian Federation and the United States of America towards a reduction of their nuclear weapons and the improvement in the international climate can contribute towards the goal of the complete elimination of nuclear weapons, Recalling that, in paragraph 58 of the Final Document of the Tenth Special Session of the General Assembly,2 whose twenty-fifth anniversary is being marked this year, it is stated that all States should actively participate in efforts to bring about conditions in international relations among States in which a code of peaceful conduct of nations in international affairs could be agreed upon and that would preclude the use or threat of use of nuclear weapons, Reaffirming that any use of nuclear weapons would be a violation of the Charter of the United Nations and a crime against humanity, as declared in its resolutions 1653 (XVI) of 24 November 1961, 33/71 B of 14 December 1978, 34/83 G of 11 December 1979, 35/152 D of 12 December 1980 and 36/92 I of 9 December 1981, _______________ 1 A/51/218, annex; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226. 2 See resolution S-10/2. A/RES/58/64 2 Determined to achieve an international convention prohibiting the development, production, stockpiling and use of nuclear weapons, leading to their ultimate destruction, Stressing that an international convention on the prohibition of the use of nuclear weapons would be an important step in a phased programme towards the complete elimination of nuclear weapons, with a specified framework of time, Noting with regret that the Conference on Disarmament, during its 2003 session, was unable to undertake negotiations on this subject as called for in General Assembly resolution 57/94 of 22 November 2002, 1. Reiterates its request to the Conference on Disarmament to commence negotiations in order to reach agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any circumstances; 2. Requests the Conference on Disarmament to report to the General Assembly on the results of those negotiations.
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A/RES/58/93
Resolution adopted by the General Assembly on 9 December 2003 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/58/472)] 58/93. Operations of the United Nations Relief and Works Agency for Palestine Refugees in the Near East The General Assembly, Recalling its resolutions 194 (III) of 11 December 1948, 212 (III) of 19 November 1948, 302 (IV) of 8 December 1949 and all subsequent related resolutions, including resolution 57/121 of 11 December 2002, Recalling also the relevant Security Council resolutions, Having considered the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 July 2002 to 30 June 2003,1 Taking note of the letter dated 25 September 2003 from the Chairperson of the Advisory Commission of the United Nations Relief and Works Agency for Palestine Refugees in the Near East addressed to the Commissioner-General,2 Deeply concerned about the continuing critical financial situation of the Agency and its effect on the continuing provision of necessary Agency services to the Palestine refugees, including its emergency-related programmes and its development programmes, Recalling Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations,3 Affirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,4 to the Palestinian territory occupied since 1967, including East Jerusalem, Aware of the continuing needs of Palestine refugees throughout the Occupied Palestinian Territory and in the other fields of operation, namely, in Jordan, Lebanon and the Syrian Arab Republic, _______________ 1 Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 13 and corrigendum and addendum (A/58/13 and Corr.1 and Add.1). 2 Ibid., Supplement No. 13 and corrigendum (A/58/13 and Corr.1), p. viii. 3 Resolution 22 A (I). 4 United Nations, Treaty Series, vol. 75, No. 973. A/RES/58/93 2 Also aware of the valuable work done by the refugee affairs officers of the Agency in providing protection to the Palestinian people, in particular Palestine refugees, Gravely concerned about the increased suffering of the Palestine refugees, including the loss of life, injury and destruction and damage to their shelters and properties, during the ongoing crisis in the Occupied Palestinian Territory, including East Jerusalem, Expressing grave concern about the continuing impact of the events that occurred in the Jenin refugee camp in April 2002, including the loss of life, injury, destruction and displacement inflicted on many of its civilian inhabitants, Aware of the extraordinary efforts being undertaken by the Agency for the repair and rebuilding of thousands of destroyed and damaged refugee shelters, Gravely concerned about the safety of the Agency’s staff and about the damage caused to facilities of the Agency as a result of Israeli military operations during the reporting period, Deploring the killing of six Agency staff members by the Israeli occupying forces during the reporting period, Expressing deep concern about the continuing policies of closure and severe restrictions, including the curfews, that have been imposed on the movement of persons and goods throughout the Occupied Palestinian Territory, including East Jerusalem, and which have had a grave impact on the socio-economic situation of the Palestine refugees and have greatly contributed to the dire humanitarian crisis facing the Palestinian people, Deeply concerned about the continuing restrictions on the freedom of movement of the Agency staff, vehicles and goods, including the harassment of personnel, which adversely affect the ability of the Agency to provide its services, including its education, health and relief and social services, Recalling the signing, on 13 September 1993, of the Declaration of Principles on Interim Self-Government Arrangements by the Government of Israel and the Palestine Liberation Organization5 and the subsequent implementation agreements, Aware of the agreement between the Agency and the Government of Israel, Aware also of the establishment of a working relationship between the Advisory Commission of the Agency and the Palestine Liberation Organization in accordance with General Assembly decision 48/417 of 10 December 1993, Taking note of the agreement reached on 24 June 1994, embodied in an exchange of letters between the Agency and the Palestine Liberation Organization,6 1. Expresses its appreciation to the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, as well as to all of the staff of the Agency, for their tireless efforts and valuable work, particularly in the light of the increasingly difficult conditions throughout the past year; 2. Also expresses its appreciation to the Advisory Commission of the Agency, and requests it to continue its efforts and to keep the General Assembly informed of its activities, including the full implementation of decision 48/417; _______________ 5 A/48/486-S/26560, annex. 6 Official Records of the General Assembly, Forty-ninth Session, Supplement No. 13 (A/49/13), annex I. A/RES/58/93 3 3. Takes note with appreciation of the report of the Working Group on the Financing of the United Nations Relief and Works Agency for Palestine Refugees in the Near East,7 for its efforts to assist in ensuring the financial security of the Agency, and requests the Secretary-General to provide the necessary services and assistance to the Working Group for the conduct of its work; 4. Commends the continuing efforts of the Commissioner-General to increase the budgetary transparency and efficiency of the Agency, as reflected in the Agency’s programme budget for the biennium 2004-2005;8 5. Acknowledges the support of the host Governments for the Agency in the discharge of its duties; 6. Takes note of the functioning of the headquarters of the Agency in Gaza City on the basis of the Headquarters Agreement between the Agency and the Palestinian Authority; 7. Calls upon Israel, the occupying Power, to comply fully with the provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949;4 8. Also calls upon Israel to abide by Articles 100, 104 and 105 of the Charter of the United Nations and the Convention on the Privileges and Immunities of the United Nations3 with regard to the safety of the personnel of the Agency, the protection of its institutions and the safeguarding of the security of its facilities in the Occupied Palestinian Territory, including East Jerusalem; 9. Urges the Government of Israel to compensate the Agency for damage to its property and facilities resulting from actions by the Israeli side, particularly during the reporting period; 10. Calls upon Israel particularly to cease obstructing the movement of the personnel, vehicles and supplies of the Agency and to cease the levying of extra fees and charges, which have a detrimental effect on the Agency’s operations; 11. Requests the Commissioner-General to proceed with the issuance of identification cards for Palestine refugees and their descendants in the Occupied Palestinian Territory; 12. Affirms that the functioning of the Agency remains essential in all fields of operation; 13. Notes the success of the Agency’s microfinance and microenterprise programme, and calls upon the Agency, in close cooperation with the relevant agencies, to continue to contribute towards the development of the economic and social stability of the Palestine refugees; 14. Reiterates its request to the Commissioner-General to proceed with the modernization of the archives of the Agency through the Palestine Refugee Records Project, and to indicate progress in his report to the General Assembly at its fifty- ninth session; 15. Reiterates its previous appeals to all States, specialized agencies and non-governmental organizations to continue and to augment the special allocations for grants and scholarships for higher education to Palestine refugees in addition to _______________ 7 A/58/450. 8 Official Records of the General Assembly, Fifty-eighth Session, Supplement No. 13, addendum (A/58/13/Add.1). A/RES/58/93 4 their contributions to the regular budget of the Agency and to contribute towards the establishment of vocational training centres for Palestine refugees, and requests the Agency to act as the recipient and trustee for the special allocations for grants and scholarships; 16. Urges all States, specialized agencies and non-governmental organizations to continue and to increase their contributions to the Agency so as to ease the ongoing financial constraints, exacerbated by the current humanitarian situation on the ground, and to support the Agency’s valuable work in assistance to the Palestine refugees.
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A/RES/59/120
Resolution adopted by the General Assembly on 10 December 2004 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/59/470)] 59/120. Palestine refugees’ properties and their revenues The General Assembly, Recalling its resolutions 194 (III) of 11 December 1948, 36/146 C of 16 December 1981 and all its subsequent resolutions on the question, Taking note of the report of the Secretary-General submitted in pursuance of its resolution 58/94 of 9 December 2003,1 Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 2003 to 31 August 2004,2 Recalling that the Universal Declaration of Human Rights3 and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her property, Recalling in particular its resolution 394 (V) of 14 December 1950, in which it directed the Conciliation Commission, in consultation with the parties concerned, to prescribe measures for the protection of the rights, property and interests of the Palestine refugees, Noting the completion of the programme of identification and evaluation of Arab property, as announced by the Conciliation Commission in its twenty-second progress report,4 and the fact that the Land Office had a schedule of Arab owners and file of documents defining the location, area and other particulars of Arab property, Expressing its appreciation for the work done to preserve and modernize the existing records, including the land records, of the Conciliation Commission and the importance of such records for a just resolution of the plight of the Palestine refugees in conformity with resolution 194 (III), _______________ 1 A/59/279. 2 A/59/260, annex. 3 Resolution 217 A (III). 4 Official Records of the General Assembly, Nineteenth Session, Annexes, Annex No. 11, document A/5700. A/RES/59/120 2 Recalling that, within the framework of the Middle East peace process, the Palestine Liberation Organization and the Government of Israel agreed, in the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993, 5 to commence negotiations on permanent status issues, including the important issue of the refugees, 1. Reaffirms that the Palestine refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of equity and justice; 2. Requests the Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection of Arab property, assets and property rights in Israel; 3. Calls once again upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution; 4. Calls upon all the parties concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel that would assist him in the implementation of the present resolution; 5. Urges the Palestinian and Israeli sides, as agreed between them, to deal with the important issue of Palestine refugees’ properties and their revenues within the framework of the final status negotiations of the Middle East peace process; 6. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution. 71st plenary meeting 10 December 2004 _______________ 5 A/48/486-S/26560, annex.
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A/RES/59/123
Resolution adopted by the General Assembly on 10 December 2004 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/59/471)] 59/123. Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan The General Assembly, Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force, Recalling its relevant resolutions, including resolution 58/292 of 6 May 2004, as well as those resolutions adopted at its tenth emergency special session, Recalling also relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981 and 904 (1994) of 18 March 1994, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan, Considering that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies is a breach of the Fourth Geneva Convention1 and relevant provisions of customary law, including those codified in Additional Protocol I2 to the Geneva Conventions,3 Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 4 and recalling also General Assembly resolution ES-10/15 of 20 July 2004, _______________ 1 United Nations, Treaty Series, vol. 75, No. 973. 2 Ibid., vol. 1125, No. 17512. 3 Ibid., vol. 75, Nos. 970–973. 4 See A/ES-10/273 and Corr.1. A/RES/59/123 2 Noting that the Court concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”,5 Taking note of the recent report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967,6 Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 7 and the subsequent implementation agreements between the Palestinian and Israeli sides, Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict, 8 and noting specifically its call for a freeze on all settlement activity, Aware that Israeli settlement activities have involved, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the exploitation of natural resources and other illegal actions against the Palestinian civilian population, Bearing in mind the detrimental impact of Israeli settlement policies, decisions and activities on efforts to achieve peace in the Middle East, Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities, in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties, including the construction and expansion of the settlements in Jabal Abu-Ghneim and Ras Al-Amud in and around Occupied East Jerusalem, Expressing grave concern also about the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which could prejudge future negotiations and make the two-State solution physically impossible to implement and which is causing the Palestinian people further humanitarian hardship, Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, Reiterating its opposition to settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and to any activities involving the confiscation of land, the disruption of the livelihood of protected persons and the de facto annexation of land, Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, Gravely concerned about the dangerous situation resulting from actions taken by the illegal armed Israeli settlers in the occupied territory, _______________ 5 Ibid., advisory opinion, para. 120. 6 See A/59/256. 7 A/48/486-S/26560, annex. 8 S/2003/529, annex. A/RES/59/123 3 Taking note of the relevant reports of the Secretary-General,9 1. Reaffirms that Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development; 2. Calls upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49; 3. Reiterates its demand for the complete cessation of all Israeli settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls for the full implementation of the relevant Security Council resolutions; 4. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice;4 5. Stresses the need for full implementation of Security Council resolution 904 (1994), in which, among other things, the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, with the aim of preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory; 6. Reiterates its calls for the prevention of all acts of violence by Israeli settlers, especially against Palestinian civilians and property, particularly in the light of recent developments; 7. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution. 71st plenary meeting 10 December 2004 _______________ 9 A/59/338, A/59/339, A/59/343, A/59/344, A/59/345 and A/59/381.
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A/RES/59/177
Resolution adopted by the General Assembly on 20 December 2004 [on the report of the Third Committee (A/59/501)] 59/177. Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action The General Assembly, Recalling its resolution 58/160 of 22 December 2003, in which it decided to place emphasis on the concrete implementation of the Durban Declaration and Programme of Action, adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, 1 as a solid foundation for a broad-based consensus for further actions and initiatives towards the total elimination of the scourge of racism, Recalling also its resolution 57/195 of 18 December 2002, in which it outlined the important roles and responsibilities of the various organs of the United Nations and other stakeholders at the international, regional and national levels, including, in particular, the Commission on Human Rights, Recalling further its resolution 56/266 of 27 March 2002, in which it endorsed the Durban Declaration and Programme of Action as constituting a solid foundation for further action and initiatives towards the total elimination of the scourge of racism, Reiterating that all human beings are born free and equal in dignity and rights and have the potential to contribute constructively to the development and well-being of their societies, and that any doctrine of racial superiority is scientifically false, morally condemnable, socially unjust and dangerous and must be rejected, together with theories that attempt to determine the existence of separate human races, Convinced that racism, racial discrimination, xenophobia and related intolerance manifest themselves in a differentiated manner for women and girls and may be among the factors leading to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination and the limitation or denial of _______________ 1 See A/CONF.189/12 and Corr.1, chap. I. A/RES/59/177 2 their human rights, and recognizing the need to integrate a gender perspective into relevant policies, strategies and programmes of action against racism, racial discrimination, xenophobia and related intolerance in order to address multiple forms of discrimination, Taking note of Commission on Human Rights resolutions 2002/68 of 25 April 2002, 2 2003/30 of 23 April 2003 3 and 2004/88 of 22 April 2004, 4 by which the international community put into effect mechanisms for the effective implementation of the Durban Declaration and Programme of Action, Reaffirming its commitment to a global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance, Reaffirming that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination5 are of paramount importance for the promotion of equality and non-discrimination in the world, Underlining the primacy of political will, international cooperation and adequate funding at the national, regional and international levels for the successful implementation of the Durban Programme of Action, Alarmed at the increase in racist violence and xenophobic ideas in many parts of the world, in political circles, in the sphere of public opinion and in society at large, inter alia, as a result of the resurgent activities of associations established on the basis of racist and xenophobic platforms and charters, and the persistent use of those platforms and charters to promote or incite racist ideologies, Underlining the importance of urgently eliminating continuing and violent trends involving racism and racial discrimination, and conscious that any form of impunity for crimes motivated by racist and xenophobic attitudes plays a role in weakening the rule of law and democracy, tends to encourage the recurrence of such crimes and requires resolute action and cooperation for its eradication, Welcoming all the regional initiatives being undertaken to implement the Durban commitments and, in this context, expressing its appreciation to the Governments of Mexico, Kenya, the Czech Republic and Belgium for hosting the regional expert seminars with a view to the implementation of the Durban Declaration and Programme of Action within their respective regions, and encouraging the remaining region to take the necessary action in this regard, Welcoming also the determination of the United Nations High Commissioner for Human Rights to profile and increase the visibility of the struggle against racism, racial discrimination, xenophobia and related intolerance and her intention to make this a cross-cutting issue in the activities and programmes of her Office, _______________ 2 See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. 3 Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 4 Ibid., 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 5 Resolution 2106 A (XX), annex. A/RES/59/177 3 I Basic general principles 1. Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments; 2. Expresses its profound concern about and its unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and intolerance, as well as propaganda activities and organizations that attempt to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form; 3. Stresses that States and international organizations have a responsibility to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin, and urges all States to rescind or refrain from all forms of racial profiling; 4. Recognizes that States should implement and enforce appropriate and effective legislative, judicial, regulatory and administrative measures to prevent and protect against acts of racism, racial discrimination, xenophobia and related intolerance, thereby contributing to the prevention of human rights violations; 5. Emphasizes that it is the responsibility of States to adopt effective measures to combat criminal acts motivated by racism, racial discrimination, xenophobia and related intolerance, including measures to ensure that such motivations are considered an aggravating factor for the purposes of sentencing, to prevent those crimes from going unpunished and to ensure the rule of law; 6. Urges all States to review and, where necessary, revise their immigration laws, policies and practices so that they are free of racial discrimination and compatible with their obligations under international human rights instruments; 7. Condemns the misuse of print, audio-visual and electronic media and new communication technologies, including the Internet, to incite violence motivated by racial hatred, and calls upon States to take all necessary measures to combat this form of racism in accordance with the commitments that they have undertaken under the Durban Declaration and Programme of Action,1 in particular paragraph 147 of the Programme of Action, in accordance with existing international and regional standards of freedom of expression and taking all necessary measures to guarantee the right to freedom of opinion and expression; 8. Encourages all States to include in their educational curricula and social programmes at all levels, as appropriate, knowledge of and tolerance and respect for foreign cultures, peoples and countries; 9. Stresses the responsibility of States to mainstream a gender perspective in the design and development of prevention, education and protection measures aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels, to ensure that they effectively target the distinct situations of women and men; A/RES/59/177 4 II International Convention on the Elimination of All Forms of Racial Discrimination 10. Reiterates the call made by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in paragraph 75 of the Durban Programme of Action1 to achieve universal ratification of the International Convention on the Elimination of All Forms of Racial Discrimination5 by 2005 and for all States to consider making the declaration envisaged under article 14 of the Convention, and endorses the concern expressed by the Commission on Human Rights in its resolution 2004/884 to the effect that, at the current pace, with one hundred and seventy ratifications and only forty-five declarations, the deadline of 2005 for universal ratification decided by the World Conference will, regrettably, not be realized; 11. Urges, in that context, the Office of the United Nations High Commissioner for Human Rights to maintain and issue regular updates on its web site of a list of countries that have not yet ratified the Convention, and to encourage such countries to demonstrate their practical commitment to meet the deadline for universal ratification as decided upon by the World Conference; 12. Invites States parties to the Convention to ratify the amendment to article 8 of the Convention, on the financing of the Committee on the Elimination of Racial Discrimination, and calls for adequate additional resources from the regular budget of the United Nations to enable the Committee to discharge its mandate fully; 13. Urges all States parties to the Convention to intensify their efforts to implement the obligations that they have accepted under article 4 of the Convention, with due regard to the principles of the Universal Declaration of Human Rights6 and article 5 of the Convention; 14. Notes that the Committee holds that the prohibition of the dissemination of ideas based on racial superiority or racial hatred is compatible with the right to freedom of opinion and expression as outlined in article 19 of the Universal Declaration of Human Rights and in article 5 of the Convention; 15. Welcomes the emphasis placed by the Committee on the importance of follow-up to the World Conference and the measures recommended to strengthen the implementation of the Convention as well as the functioning of the Committee;7 III Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 16. Emphasizes that the basic responsibility for effectively combating racism, racial discrimination, xenophobia and related intolerance lies with States, and to this end stresses that States have the primary responsibility to ensure full and effective implementation of all commitments and recommendations contained in the Durban Declaration and Programme of Action;1 _______________ 6 Resolution 217 A (III). 7 See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI. A/RES/59/177 5 17. Also emphasizes, in that context, the fundamental and complementary role of national human rights institutions, regional bodies or centres and civil society, working jointly with States towards the achievement of the objectives of the Durban Declaration and Programme of Action; 18. Calls upon States to elaborate action plans, in consultation with national human rights institutions, other institutions created by law to combat racism, and civil society, and to provide the United Nations High Commissioner for Human Rights with such action plans and other relevant materials on measures taken to implement the provisions of the Durban Declaration and Programme of Action; 19. Calls upon all States to formulate and implement without delay, at the national, regional and international levels, policies and plans of action to combat racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations; 20. Urges States to support the activities of existing regional bodies or centres that combat racism, racial discrimination, xenophobia and related intolerance in their respective regions, and recommends the establishment of such bodies or centres in all regions where they do not exist; 21. Recognizes the fundamental role of civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, in particular in assisting States to develop regulations and strategies, in taking measures and action against such forms of discrimination and through follow-up implementation; 22. Emphasizes that, in accordance with the Durban Declaration and Programme of Action, States have a shared responsibility, at the international level and within the framework of the United Nations system, to determine modalities for the overall review of the implementation of the Declaration and Programme of Action; 23. Decides that the General Assembly, through its role in policy formulation, the Economic and Social Council, through its role in overall guidance and coordination, in accordance with their respective roles under the Charter of the United Nations and Assembly resolution 50/227 of 24 May 1996, and the Commission on Human Rights shall constitute a three-tiered intergovernmental process for the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action; 24. Stresses and reaffirms its role as the highest intergovernmental mechanism for the formulation and appraisal of policy on matters related to the economic, social and related fields, in accordance with Chapter IX of the Charter, including in the comprehensive implementation of and follow-up to the goals and targets set at all the major United Nations conferences, summits and special sessions; 25. Acknowledges that the outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance is on an equal footing with the outcomes of all the major United Nations conferences, summits and special sessions in the human rights and social fields; 26. Decides that the Economic and Social Council shall oversee system-wide coordination of the implementation of the Durban Declaration and Programme of Action; A/RES/59/177 6 27. Also decides that the Commission on Human Rights, as a functional commission of the Economic and Social Council, shall have a central role in the monitoring of the implementation of the Durban Declaration and Programme of Action within the United Nations system and in advising the Council thereon; 28. Expresses its appreciation for the continuing work of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action and the Working Group of Experts on People of African Descent, and looks forward to the consideration of the outcomes of their third sessions by the Commission on Human Rights at its sixty-first session; 29. Acknowledges that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001, which was the third world conference against racism, was significantly different from the previous two conferences, as evidenced by the inclusion in its title of two important components relating to contemporary forms of racism, namely, xenophobia and related intolerance; 30. Welcomes the work of the Committee on the Elimination of Racial Discrimination in applying the International Convention on the Elimination of All Forms of Racial Discrimination5 to the new and contemporary forms of racism and racial discrimination; 31. Underlines the importance of the elaboration of complementary standards with a view to strengthening and updating international instruments against racism, racial discrimination, xenophobia and related intolerance, taking into account issues discussed during the previous sessions of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, as well as issues identified by the high-level seminar to be convened during the next session of the Intergovernmental Working Group; 32. Underlines also the importance of considering progress made in the implementation of the provisions of the Durban Declaration and Programme of Action related to the media and racism, including the use of the Internet, with the participation of all stakeholders, inter alia, States, the World Summit on the Information Society, international and regional organizations, non-governmental organizations, the private sector and the media; 33. Takes note of the recommendation of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, in that context, to request the Office of the United Nations High Commissioner for Human Rights to convene a high-level seminar, the format of which should be agreed among Member States, assisted by the Office of the High Commissioner, and which could include, but would not necessarily be limited to, a core group of ministers responsible for human rights and/or equivalent participants from all regions as panellists;8 34. Strongly recommends that no intersessional meetings of the working groups of the Commission on Human Rights in follow-up to the World Conference _______________ 8 See E/CN.4/2005/20, sect. VI, para. 73. A/RES/59/177 7 and the implementation of the Durban Declaration and Programme of Action be scheduled in a manner that clashes or overlaps with the sessions of the General Assembly, and in this regard calls upon the Commission to address this issue and to ensure that the future sessions of the Working Group of Experts on People of African Descent are scheduled to precede those of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; 35. Requests the Secretary-General to reflect the outcome of the high-level seminar in his report to the General Assembly at its sixty-first session on the follow-up to the World Conference; 36. Acknowledges the centrality of resource mobilization, effective global partnership and international cooperation in the context of paragraphs 157 and 158 of the Durban Programme of Action for the successful realization of commitments undertaken at the World Conference, and to this end emphasizes the central role to be played by the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action in mobilizing the necessary political will required for the successful implementation of the Declaration and Programme of Action; 37. Requests the Secretary-General to provide the necessary resources for the effective fulfilment of the mandates of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the Working Group of Experts on People of African Descent and the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action; 38. Condemns the resurgence of xenophobia, and underlines the fact that, while anchoring human rights in legal instruments is a fundamental way of expressing their universality, it is no longer capable of eliminating the underlying causes of discriminatory culture and mentalities, and that action on human rights must henceforth include discussion of the deep cultural roots of racism; 39. Expresses its concern at the increasing incidence of racism in various sporting events, while noting with appreciation the efforts made by some sporting governing bodies to combat racism; 40. Invites Member States to adopt measures to counter the dissemination of discriminatory, racist and xenophobic messages on the Internet, in accordance with paragraphs 144 to 147 of the Durban Programme of Action, and to promote a positive use of the Internet to foster social harmony and to combat racism; 41. Requests the Office of the United Nations High Commissioner for Human Rights to convene the second meeting of the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action before the sixty-first session of the Commission on Human Rights to produce a concrete programme of action related to their mandate, based on the core values of racial equality and dignity as elaborated in the outcome document of their first meeting, held in Geneva from 16 to 18 September 2003;9 _______________ 9 See E/CN.4/2004/112. A/RES/59/177 8 IV Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits 42. Expresses its full support and appreciation for the work of the Special Rapporteur of the Commission on Human Rights on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation; 43. Reiterates its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations system and non-governmental organizations to cooperate fully with the Special Rapporteur; 44. Requests the Special Rapporteur to continue his exchange of views with Member States and relevant mechanisms and treaty bodies within the United Nations system in order to enhance further their effectiveness and mutual cooperation; 45. Recognizes with deep concern the increase in anti-Semitism, Christianophobia and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas directed against Arab, Christian, Jewish and Muslim communities, communities of people of African descent, communities of people of Asian descent and other communities; 46. Requests the Special Rapporteur to collect information from all concerned, to respond effectively to reliable information that becomes available to him, to follow up on communications and country visits and to seek the views and comments of Governments and reflect them, as appropriate, in his reports; 47. Calls upon States to cooperate with the Special Rapporteur and to give serious consideration to his requests to visit their countries so as to enable him to fulfil his mandate fully and effectively; 48. Encourages closer collaboration between the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights, in particular the Anti-Discrimination Unit; 49. Urges the United Nations High Commissioner for Human Rights to provide States, at their request, with advisory services and technical assistance to enable them to implement fully the recommendations of the Special Rapporteur; 50. Requests the Secretary-General to provide the Special Rapporteur with all the necessary human and financial assistance to carry out his mandate efficiently, effectively and expeditiously and to enable him to submit an interim report to the General Assembly at its sixtieth session; 51. Takes note of the recommendations contained in the interim report of the Special Rapporteur,10 and encourages the continuation of his work; 52. Urges Member States to consider implementing the recommendations contained in the reports of the Special Rapporteur, and invites other relevant stakeholders to implement those recommendations; _______________ 10 See A/59/329. A/RES/59/177 9 V General 53. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixtieth session; 54. Decides to remain seized of this important matter at its sixtieth session under the item entitled “Elimination of racism and racial discrimination”.
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A/RES/59/181
Resolution adopted by the General Assembly on 20 December 2004 [on the report of the Third Committee (A/59/503/Add.1)] 59/181. Equitable geographical distribution in the membership of the human rights treaty bodies The General Assembly, Recalling its resolution 56/146 of 19 December 2001, Reaffirming the importance of the goal of universal ratification of the United Nations human rights instruments, Welcoming the significant increase in the number of ratifications of United Nations human rights instruments, which has especially contributed to their universality, Reiterating the importance of the effective functioning of treaty bodies established pursuant to United Nations human rights instruments for the full and effective implementation of those instruments, Recalling that, with regard to the election of the members of the human rights treaty bodies, the Commission on Human Rights and the General Assembly have recognized the importance of giving consideration in their membership to equitable geographical distribution, gender balance and representation of the principal legal systems and of bearing in mind that the members shall be elected and shall serve in their personal capacity, and shall be of high moral character, acknowledged impartiality and recognized competence in the field of human rights, Reaffirming the significance of national and regional particularities and various historical, cultural and religious backgrounds, as well as of different political, economic and legal systems, Recognizing that the United Nations pursues multilingualism as a means of promoting, protecting and preserving diversity of languages and cultures globally and that genuine multilingualism promotes unity in diversity and international understanding, Recalling that the Commission on Human Rights and the General Assembly have encouraged States parties to United Nations human rights treaties, individually and through meetings of States parties, to consider how to give better effect, inter alia, to the principle of equitable geographical distribution in the membership of treaty bodies, Expressing concern at the regional imbalance in the current composition of the membership of some of the human rights treaty bodies, A/RES/59/181 2 Noting in particular that the status quo tends to be particularly detrimental to the election of experts from some regional groups, Convinced that the goal of equitable geographical distribution in the membership of human rights treaty bodies is perfectly compatible and can be fully realized and achieved in harmony with the need to ensure gender balance and the representation of the principal legal systems in those bodies and the high moral character, acknowledged impartiality and recognized competence in the field of human rights of their members, 1. Encourages the States parties to the United Nations human rights instruments to adopt concrete actions, inter alia, the possible establishment of quota distribution systems by geographical region for the election of the members of the treaty bodies, thereby ensuring the paramount objective of equitable geographical distribution in the membership of those human rights bodies; 2. Calls upon the States parties to the United Nations human rights instruments to include, as an agenda item at their forthcoming meetings, a debate on ways and means to ensure equitable geographical distribution in the membership of the human rights treaty bodies, based on the recommendations of the Commission on Human Rights and the Economic and Social Council and the provisions of the present resolution; 3. Recommends, when considering the possible establishment of a quota by region for the election of the membership of each treaty body, the introduction of flexible procedures that encompass the following criteria: (a) Each of the five regional groups established by the General Assembly must be assigned a quota of the membership of each treaty body in equivalent proportion to the number of States parties to the instrument that it represents; (b) There must be provision for periodic revisions that reflect the relative changes in the geographical distribution of States parties; (c) Automatic periodic revisions should be envisaged in order to avoid amending the text of the instrument when the quotas are revised; 4. Stresses that the process needed to achieve the goal of equitable geographical distribution in the membership of human rights treaty bodies can contribute to raising awareness of the importance of gender balance, the representation of the principal legal systems and the principle that the members of the treaty bodies shall be elected and shall serve in their personal capacity, and shall be of high moral character, acknowledged impartiality and recognized competence in the field of human rights; 5. Requests the chairpersons of the human rights treaty bodies to consider at their next meeting the content of the present resolution and to submit, through the United Nations High Commissioner for Human Rights, specific recommendations for the achievement of the goal of equitable geographical distribution in the membership of the human rights treaty bodies; 6. Requests the United Nations High Commissioner for Human Rights to submit concrete recommendations on the implementation of the present resolution to the General Assembly at its sixtieth session; 7. Decides to continue its consideration of this question at its sixtieth session under the sub-item entitled “Implementation of human rights instruments”.
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A/RES/59/188
Resolution adopted by the General Assembly on 20 December 2004 [on the report of the Third Committee (A/59/503/Add.2)] 59/188. Human rights and unilateral coercive measures The General Assembly, Recalling all its previous resolutions, the most recent of which was resolution 58/171 of 22 December 2003, and Commission on Human Rights resolution 2004/22 of 16 April 2004,1 Reaffirming the pertinent principles and provisions contained in the Charter of Economic Rights and Duties of States proclaimed by the General Assembly in its resolution 3281 (XXIX) of 12 December 1974, in particular article 32 thereof, in which it declared that no State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights, Taking note of the report of the Secretary-General, 2 submitted pursuant to Commission on Human Rights resolution 1999/21 of 23 April 1999,3 and the reports of the Secretary-General on the implementation of resolutions 52/120 of 12 December 19974 and 55/110 of 4 December 2000,5 Recognizing the universal, indivisible, interdependent and interrelated character of all human rights, and, in this regard, reaffirming the right to development as an integral part of all human rights, Recalling that the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, called upon States to refrain from any unilateral coercive measure not in accordance with international law and the Charter of the United Nations that creates obstacles to trade relations among States and impedes the full realization of all human rights,6 _______________ 1 See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 2 E/CN.4/2000/46 and Add.1. 3 See Official Records of the Economic and Social Council, 1999, Supplement No. 3 (E/1999/23), chap. II, sect. A. 4 A/53/293 and Add.1. 5 A/56/207 and Add.1. 6 See A/CONF.157/24 (Part I), chap. III, sect. I, para. 31. A/RES/59/188 2 Bearing in mind all the references to this question in the Copenhagen Declaration on Social Development, adopted by the World Summit for Social Development on 12 March 1995,7 the Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on Women on 15 September 1995, 8 the Istanbul Declaration on Human Settlements and the Habitat Agenda, adopted by the second United Nations Conference on Human Settlements (Habitat II) on 14 June 1996,9 and their five-year reviews, Expressing its concern about the negative impact of unilateral coercive measures on international relations, trade, investment and cooperation, Expressing its grave concern that, in some countries, the situation of children is adversely affected by unilateral coercive measures not in accordance with international law and the Charter that create obstacles to trade relations among States, impede the full realization of social and economic development and hinder the well-being of the population in the affected countries, with particular consequences for women and children, including adolescents, Deeply concerned that, despite the recommendations adopted on this question by the General Assembly and recent major United Nations conferences, and contrary to general international law and the Charter, unilateral coercive measures continue to be promulgated and implemented with all their negative implications for the social-humanitarian activities and economic and social development of developing countries, including their extraterritorial effects, thereby creating additional obstacles to the full enjoyment of all human rights by peoples and individuals under the jurisdiction of other States, Bearing in mind all the extraterritorial effects of any unilateral legislative, administrative and economic measures, policies and practices of a coercive nature against the development process and the enhancement of human rights in developing countries, which create obstacles to the full realization of all human rights, Noting the continuing efforts of the open-ended Working Group on the Right to Development of the Commission on Human Rights, and reaffirming in particular its criteria, according to which unilateral coercive measures are one of the obstacles to the implementation of the Declaration on the Right to Development,10 1. Urges all States to refrain from adopting or implementing any unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights11 and other international human rights instruments, in particular the right of individuals and peoples to development; _______________ 7 Report of the World Summit for Social Development, Copenhagen, 6–12 March 1995 (United Nations publication, Sales No. E.96.IV.8), chap. I, resolution 1, annex I. 8 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II. 9 Report of the United Nations Conference on Human Settlements (Habitat II), Istanbul, 3–14 June 1996 (United Nations publication, Sales No. E.97.IV.6), chap. I, resolution 1, annexes I and II. 10 Resolution 41/128, annex. 11 Resolution 217 A (III). A/RES/59/188 3 2. Also urges all States to take steps to avoid and to refrain from adopting any unilateral measures not in accordance with international law and the Charter that impede the full achievement of economic and social development by the population of the affected countries, in particular children and women, that hinder their well-being and that create obstacles to the full enjoyment of their human rights, including the right of everyone to a standard of living adequate for their health and well-being and their right to food, medical care and the necessary social services, as well as to ensure that food and medicine are not used as tools for political pressure; 3. Invites all States to consider adopting administrative or legislative measures, as appropriate, to counteract the extraterritorial applications or effects of unilateral coercive measures; 4. Rejects unilateral coercive measures with all their extraterritorial effects as tools for political or economic pressure against any country, in particular against developing countries, because of their negative effects on the realization of all the human rights of vast sectors of their populations, in particular children, women and the elderly; 5. Calls upon Member States that have initiated such measures to commit themselves to their obligations and responsibilities arising from the international human rights instruments to which they are party by revoking such measures at the earliest possible time; 6. Reaffirms, in this context, the right of all peoples to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development; 7. Urges the Commission on Human Rights to take fully into account the negative impact of unilateral coercive measures, including the enactment of national laws and their extraterritorial application, in its task concerning the implementation of the right to development; 8. Requests the United Nations High Commissioner for Human Rights, in discharging her functions relating to the promotion, realization and protection of the right to development and bearing in mind the continuing impact of unilateral coercive measures on the population of developing countries, to give priority to the present resolution in her annual report to the General Assembly; 9. Requests the Secretary-General to bring the present resolution to the attention of all Member States, to continue to collect their views and information on the implications and negative effects of unilateral coercive measures on their populations and to submit an analytical report thereon to the General Assembly at its sixtieth session, highlighting the practical and preventive measures in this respect; 10. Decides to examine the question on a priority basis at its sixtieth session under the sub-item entitled “Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms”.
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A/RES/59/206
Resolution adopted by the General Assembly on 20 December 2004 [on the report of the Third Committee (A/59/503/Add.3)] 59/206. Situation of human rights in Turkmenistan The General Assembly, Reaffirming that all States Members of the United Nations have the obligation to promote and protect human rights and fundamental freedoms and the duty to fulfil the obligations that they have undertaken under the various international instruments in this field, Recalling its resolution 58/194 of 22 December 2003, 1. Welcomes: (a) The limited increase in the ability of members of certain religious minority groups, including members of the Bahá’i faith, the Baptist church, the Hare Krishna movement and the Seventh Day Adventist church, to practise their religion; (b) The release in June 2004 of a number of Jehovah’s Witnesses who had made conscientious objections to undertaking military service, but notes with concern that other Jehovah’s Witnesses continue to be jailed on the same charge; (c) The comments of the Government of Turkmenistan in May 2004 that interested representatives of the international community were welcome to visit Turkmen prisons, and notes with satisfaction that the Government has begun preliminary discussions with representatives of the International Committee of the Red Cross regarding prison access; (d) The fact that the Personal Envoy of the Chairman-in-Office of the Organization for Security and Cooperation in Europe for Participating States in Central Asia, has been given the opportunity for further dialogue with the Government of Turkmenistan, and expresses the hope that a constructive dialogue on human rights issues is to be continued soon; (e) The submission of the national report under the International Convention on the Elimination of All Forms of Racial Discrimination 1 to the Office of the United Nations High Commissioner for Human Rights and the recent submission of the report under the Convention on the Elimination of All Forms of Discrimination _______________ 1 Resolution 2106 A (XX), annex. A/RES/59/206 2 against Women2 to the Division for the Advancement of Women of the Department of Economic and Social Affairs of the Secretariat and the announcement by the Government of Turkmenistan that it intends to submit the reports due under the Convention on the Rights of the Child3 by the end of 2004; (f) The amendment of 2 November 2004 to the Criminal Code of Turkmenistan rescinding article 223/1, which stipulated criminal penalties for unregistered activities of public associations, including non-governmental organizations; (g) The invitation by the Government of Turkmenistan to the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe, which was extended on 16 November 2004, to visit the country by the end of 2004; 2. Expresses its grave concern at the continuing and serious human rights violations occurring in Turkmenistan, in particular: (a) The persistence of a governmental policy based on the repression of all political opposition activities; (b) The continuing abuse of the legal system through arbitrary detentions, imprisonment and surveillance of persons who try to exercise their freedom of expression, assembly and association, and by harassment of their families; (c) Further restrictions on the freedom of expression and opinion, including the loss of local retransmissions of Russian language programmes on Radio Mayak, and serious harassment endured by local correspondents and collaborators of Radio Liberty; (d) Continued restrictions on the exercise of the freedom of thought, conscience, religion and belief; (e) Continued discrimination by the Government of Turkmenistan against ethnic minorities in the fields of education and employment and by forced displacements, despite assurances by the Government that it will stop this discrimination; (f) Constraints faced by civil society organizations, including the slow progress in the registration of non-governmental organizations; 3. Regrets the decision of the Government of Turkmenistan not to renew the accreditation for the Head of the Centre of the Organization for Security and Cooperation in Europe at Ashgabat, but hopes that the Turkmen authorities will cooperate fully with her successor; 4. Calls upon the Government of Turkmenistan: (a) To ensure full respect for all human rights and fundamental freedoms and, in this regard, to implement fully the measures set out in Commission on Human Rights resolutions 2003/11 of 16 April 20034 and 2004/12 of 15 April 2004;5 _______________ 2 United Nations, Treaty Series, vol. 1249, No. 20378. 3 Ibid., vol. 1577, No. 27531. 4 See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 5 Ibid., 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. A/RES/59/206 3 (b) To work closely with the Office of the High Commissioner for Human Rights with regard to the areas of concern and to cooperate fully with all the mechanisms of the Commission on Human Rights and all the relevant United Nations treaty bodies; (c) To implement fully the recommendations outlined in the report of the Rapporteur of the Moscow Mechanism of the Organization for Security and Cooperation in Europe and to work constructively with the various institutions of the Organization, in particular following the visit of the Personal Envoy of the Chairman-in-Office of the Organization for Participating States in Central Asia, to work towards implementation of those recommendations and to make the necessary arrangements to facilitate fully a visit by the High Commissioner on National Minorities of the Organization by the end of 2004; (d) To release immediately and unconditionally all prisoners of conscience; (e) To give real substance to the May 2004 offer of the Government of Turkmenistan for interested representatives of the international community to visit Turkmen prisons by providing appropriate independent bodies, including the International Committee of the Red Cross, with full access to all places of detention in accordance with the usual modalities for those organizations and ensuring that lawyers and relatives have full and repeated access to all those in detention, including those convicted of involvement in the attempted coup d’état of 25 November 2002; (f) To ensure that the forthcoming parliamentary elections will be held consistent with the commitments of the Organization for Security and Cooperation in Europe and other international standards for democratic elections; (g) To remove the remaining restrictions on the activities of public associations, including non-governmental organizations, and to enable those organizations, in particular human rights organizations, and other civil society actors to carry out their activities without hindrance, building upon the amendment of 2 November 2004 to the Criminal Code of Turkmenistan abolishing criminal penalties for unregistered activities of public associations; 5. Requests the Secretary-General to submit a report to the General Assembly at its sixtieth session on the implementation of the present resolution.
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A/RES/59/307
Resolution adopted by the General Assembly on 22 June 2005 [on the report of the Fifth Committee (A/59/838)] 59/307. Financing of the United Nations Interim Force in Lebanon The General Assembly, Having considered the reports of the Secretary-General on the financing of the United Nations Interim Force in Lebanon1 and the related reports of the Advisory Committee on Administrative and Budgetary Questions,2 Recalling Security Council resolution 425 (1978) of 19 March 1978 regarding the establishment of the United Nations Interim Force in Lebanon and the subsequent resolutions by which the Council extended the mandate of the Force, the latest of which was resolution 1583 (2005) of 28 January 2005, Recalling also its resolution S-8/2 of 21 April 1978 on the financing of the Force and its subsequent resolutions thereon, the latest of which was resolution 58/307 of 18 June 2004, Reaffirming its resolutions 51/233 of 13 June 1997, 52/237 of 26 June 1998, 53/227 of 8 June 1999, 54/267 of 15 June 2000, 55/180 A of 19 December 2000, 55/180 B of 14 June 2001, 56/214 A of 21 December 2001, 56/214 B of 27 June 2002, 57/325 of 18 June 2003 and 58/307 of 18 June 2004, Reaffirming also the general principles underlying the financing of United Nations peacekeeping operations, as stated in General Assembly resolutions 1874 (S-IV) of 27 June 1963, 3101 (XXVIII) of 11 December 1973 and 55/235 of 23 December 2000, Noting with appreciation that voluntary contributions have been made to the Force, Mindful of the fact that it is essential to provide the Force with the necessary financial resources to enable it to fulfil its responsibilities under the relevant resolutions of the Security Council, _______________ 1 A/59/626 and A/59/654. 2 A/59/736 and Add.3. A/RES/59/307 2 1. Takes note of the status of contributions to the United Nations Interim Force in Lebanon as at 15 April 2005, including the contributions outstanding in the amount of 60.9 million United States dollars, representing some 2 per cent of the total assessed contributions, notes with concern that only seventy-three Member States have paid their assessed contributions in full, and urges all other Member States, in particular those in arrears, to ensure payment of their outstanding assessed contributions; 2. Expresses its appreciation to those Member States that have paid their assessed contributions in full, and urges all other Member States to make every possible effort to ensure payment of their assessed contributions to the Force in full; 3. Expresses deep concern that Israel did not comply with General Assembly resolutions 51/233, 52/237, 53/227, 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325 and 58/307; 4. Stresses once again that Israel should strictly abide by General Assembly resolutions 51/233, 52/237, 53/227, 54/267, 55/180 A, 55/180 B, 56/214 A, 56/214 B, 57/325 and 58/307; 5. Expresses concern at the financial situation with regard to peacekeeping activities, in particular as regards the reimbursements to troop contributors that bear additional burdens owing to overdue payments by Member States of their assessments; 6. Also expresses concern at the delay experienced by the Secretary-General in deploying and providing adequate resources to some recent peacekeeping missions, in particular those in Africa; 7. Emphasizes that all future and existing peacekeeping missions shall be given equal and non-discriminatory treatment in respect of financial and administrative arrangements; 8. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the effective and efficient discharge of their respective mandates; 9. Reiterates its request to the Secretary-General to make the fullest possible use of facilities and equipment at the United Nations Logistics Base at Brindisi, Italy, in order to minimize the costs of procurement for the Force; 10. Endorses the conclusions and recommendations contained in the report of the Advisory Committee on Administrative and Budgetary Questions, 3 and requests the Secretary-General to ensure their full implementation; 11. Requests the Secretary-General to take all necessary action to ensure that the Force is administered with a maximum of efficiency and economy; 12. Also requests the Secretary-General, in order to reduce the cost of employing General Service staff, to continue efforts to recruit local staff for the Force against General Service posts, commensurate with the requirements of the Force; 13. Reiterates its request to the Secretary-General to take the necessary measures to ensure the full implementation of paragraph 8 of its resolution 51/233, _______________ 3 A/59/736/Add.3. A/RES/59/307 3 paragraph 5 of its resolution 52/237, paragraph 11 of its resolution 53/227, paragraph 14 of its resolution 54/267, paragraph 14 of its resolution 55/180 A, paragraph 15 of its resolution 55/180 B, paragraph 13 of its resolution 56/214 A, paragraph 13 of its resolution 56/214 B, paragraph 14 of its resolution 57/325 and paragraph 13 of its resolution 58/307, stresses once again that Israel shall pay the amount of 1,117,005 dollars resulting from the incident at Qana on 18 April 1996, and requests the Secretary-General to report on this matter to the General Assembly at its sixtieth session; Financial performance report for the period from 1 July 2003 to 30 June 2004 14. Takes note of the report of the Secretary-General on the financial performance of the Force for the period from 1 July 2003 to 30 June 2004;4 Budget estimates for the period from 1 July 2005 to 30 June 2006 15. Decides to appropriate to the Special Account for the United Nations Interim Force in Lebanon the amount of 99,228,300 dollars for the period from 1 July 2005 to 30 June 2006, inclusive of 94,252,900 dollars for the maintenance of the Force, 4,068,400 dollars for the support account for peacekeeping operations and 907,000 dollars for the United Nations Logistics Base; Financing of the appropriation 16. Also decides to apportion among Member States the amount of 8,269,025 dollars for the period from 1 to 31 July 2005, in accordance with the levels updated in General Assembly resolution 58/256 of 23 December 2003, and taking into account the scale of assessments for 2005, as set out in its resolution 58/1 B of 23 December 2003; 17. Further decides that, in accordance with the provisions of its resolution 973 (X) of 15 December 1955, there shall be set off against the apportionment among Member States, as provided for in paragraph 16 above, their respective share in the Tax Equalization Fund of 447,008 dollars, comprising the estimated staff assessment income of 392,975 dollars approved for the Force, the prorated share of 47,925 dollars of the estimated staff assessment income approved for the support account and the prorated share of 6,108 dollars of the estimated staff assessment income approved for the United Nations Logistics Base; 18. Decides to apportion among Member States the amount of 90,959,275 dollars for the period from 1 August 2005 to 30 June 2006 at a monthly rate of 8,269,025 dollars, in accordance with the levels updated in General Assembly resolution 58/256, and taking into account the scale of assessments for 2005 and 2006, as set out in its resolution 58/1 B, subject to a decision of the Security Council to extend the mandate of the Force; 19. Also decides that, in accordance with the provisions of its resolution 973 (X), there shall be set off against the apportionment among Member States, as provided for in paragraph 18 above, their respective share in the Tax Equalization Fund of 4,917,092 dollars, comprising the estimated staff assessment income of 4,322,725 dollars approved for the Force, the prorated share of 527,175 dollars of the estimated staff assessment income approved for the support account and the _______________ 4 A/59/626. A/RES/59/307 4 prorated share of 67,192 dollars of the estimated staff assessment income approved for the United Nations Logistics Base; 20. Further decides that, for Member States that have fulfilled their financial obligations to the Force, there shall be set off against their apportionment, as provided for in paragraphs 16 and 18 above, their respective share of the unencumbered balance and other income in the amount of 8,463,000 dollars in respect of the financial period ended 30 June 2004, in accordance with the levels updated in its resolution 58/256, and taking into account the scale of assessments for 2004, as set out in its resolution 58/1 B; 21. Decides that, for Member States that have not fulfilled their financial obligations to the Force, there shall be set off against their outstanding obligations their respective share of the unencumbered balance and other income in the amount of 8,463,000 dollars in respect of the financial period ended 30 June 2004, in accordance with the scheme set out in paragraph 20 above; 22. Also decides that the increase of 541,200 dollars in the estimated staff assessment income in respect of the financial period ended 30 June 2004 shall be added to the credits from the amount of 8,463,000 dollars referred to in paragraphs 20 and 21 above; 23. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active peacekeeping missions; 24. Encourages the Secretary-General to continue to take additional measures to ensure the safety and security of all personnel under the auspices of the United Nations participating in the Force; 25. Invites voluntary contributions to the Force in cash and in the form of services and supplies acceptable to the Secretary-General, to be administered, as appropriate, in accordance with the procedure and practices established by the General Assembly; 26. Decides to include in the provisional agenda of its sixtieth session, under the item entitled “Financing of the United Nations peacekeeping forces in the Middle East”, the sub-item entitled “United Nations Interim Force in Lebanon”.
AFGHANISTAN
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A/RES/59/32
Resolution adopted by the General Assembly on 1 December 2004 [without reference to a Main Committee (A/59/L.39)] 59/32. Jerusalem The General Assembly, Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem, Recalling also its resolution 36/120 E of 10 December 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling further Security Council resolutions relevant to Jerusalem, including resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” and called upon those States which had established diplomatic missions in Jerusalem to withdraw such missions from the Holy City, Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory,1 and recalling resolution ES-10/15 of 20 July 2004, Expressing its grave concern at any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions, Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter, Having considered the report of the Secretary-General,2 _______________ 1 See A/ES-10/273 and Corr.1. 2 A/59/431. A/RES/59/32 2 1. Reiterates its determination that any actions taken by Israel to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever; 2. Deplores the transfer by some States of their diplomatic missions to Jerusalem in violation of Security Council resolution 478 (1980), and calls once more upon those States to abide by the provisions of the relevant United Nations resolutions, in conformity with the Charter of the United Nations; 3. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the Palestinian and Israeli sides and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all religions and nationalities; 4. Requests the Secretary-General to report to the General Assembly at its sixtieth session on the implementation of the present resolution.
AFGHANISTAN
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A/RES/59/6
Resolution adopted by the General Assembly on 22 October 2004 [without reference to a Main Committee (A/59/L.7 and Add.1)] 59/6. Cooperation between the United Nations and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization The General Assembly, Taking note of the note by the Secretary-General on cooperation between the United Nations and the Preparatory Commission for the Comprehensive Nuclear- Test-Ban Treaty Organization,1 Taking note also of the report of the Executive Secretary of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization,1 Decides to include in the provisional agenda of its sixty-first session the sub- item entitled “Cooperation between the United Nations and the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization”. 40th plenary meeting 22 October 2004 _______________ 1 See A/59/296.
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A/RES/59/70
Resolution adopted by the General Assembly on 3 December 2004 [on the report of the First Committee (A/59/459)] 59/70. Measures to uphold the authority of the 1925 Geneva Protocol The General Assembly, Recalling its previous resolutions on the subject, in particular resolution 57/62 of 22 November 2002, Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, Recalling the long-standing determination of the international community to achieve the effective prohibition of the development, production, stockpiling and use of chemical and biological weapons as well as the continuing support for measures to uphold the authority of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,1 as expressed by consensus in many previous resolutions, Emphasizing the necessity of easing international tension and strengthening trust and confidence between States, Welcoming the recent initiatives by three more States Parties to withdraw their reservations to the 1925 Geneva Protocol, 1. Takes note of the note by the Secretary-General;2 2. Renews its previous call to all States to observe strictly the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,1 and reaffirms the vital necessity of upholding its provisions; 3. Calls upon those States that continue to maintain reservations to the 1925 Geneva Protocol to withdraw them; _______________ 1 League of Nations, Treaty Series, vol. XCIV (1929), No. 2138. 2 A/59/179. A/RES/59/70 2 4. Requests the Secretary-General to submit to the General Assembly at its sixty-first session a report on the implementation of the present resolution.
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A/RES/59/84
Resolution adopted by the General Assembly on 3 December 2004 [on the report of the First Committee (A/59/459)] 59/84. Implementation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction The General Assembly, Recalling its resolutions 54/54 B of 1 December 1999, 55/33 V of 20 November 2000, 56/24 M of 29 November 2001, 57/74 of 22 November 2002 and 58/53 of 8 December 2003, Reaffirming its determination to put an end to the suffering and casualties caused by anti-personnel mines, which kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons and have other severe consequences for years after emplacement, Believing it necessary to do the utmost to contribute in an efficient and coordinated manner to facing the challenge of removing anti-personnel mines placed throughout the world and to assure their destruction, Wishing to do the utmost in ensuring assistance for the care and rehabilitation, including the social and economic reintegration, of mine victims, Welcoming the entry into force, on 1 March 1999, of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction,1 and noting with satisfaction the work undertaken to implement the Convention and the substantial progress made towards addressing the global landmine problem, Recalling the first to fifth meetings of the States parties to the Convention held in Maputo (1999), 2 Geneva (2000), 3 Managua (2001), 4 Geneva (2002) 5 and _______________ 1 United Nations, Treaty Series, vol. 2056, No. 35597. 2 See APLC/MSP.1/1999/1. 3 See APLC/MSP.2/2000/1. 4 See APLC/MSP.3/2001/1. 5 See APLC/MSP.4/2002/1. A/RES/59/84 2 Bangkok (2003),6 and the reaffirmation of a commitment to the total elimination of anti-personnel mines and to pursue, with renewed vigour, efforts to clear mined areas, assist victims, destroy stockpiled anti-personnel mines and promote universal adherence to the Convention, Recalling also the preparatory process for the First Review Conference of the Convention, to be held in Nairobi from 29 November to 3 December 2004, and the two preparatory meetings held in Geneva on 13 February and on 28 and 29 June 2004 pursuant to the decisions of the Fifth Meeting of the States Parties,7 Welcoming the regional seminars that have been held in different parts of the world during 2003 and 2004, which contributed to the exchange of information, experiences and best practices in mine action as well as to preparations for the First Review Conference, and recalling the efforts to enhance cooperation in the regional context and promote synergies between different regions, Noting with interest the increased recognition of the need to integrate mine action into international and national development programmes and strategies, and, in this respect, welcoming the developments since the Fifth Meeting of the States Parties, including the meeting between the President of the Fifth Meeting of the States Parties and the President of the World Bank on 20 September 2004, which contributed to possible partnership between the mine action community and the World Bank, Noting with satisfaction that additional States have ratified or acceded to the Convention, bringing the total number of States that have formally accepted the obligations of the Convention to one hundred and forty-three, Emphasizing the desirability of attracting the adherence of all States to the Convention, and determined to work strenuously towards the promotion of its universalization, Noting with regret that anti-personnel mines continue to be used in conflicts around the world, causing human suffering and impeding post-conflict development, 1. Invites all States that have not signed the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction1 to accede to it without delay; 2. Urges all States that have signed but not ratified the Convention to ratify it without delay; 3. Stresses the importance of the full and effective implementation of and compliance with the Convention; 4. Urges all States parties to provide the Secretary-General with complete and timely information as required under article 7 of the Convention in order to promote transparency and compliance with the Convention; 5. Invites all States that have not ratified the Convention or acceded to it to provide, on a voluntary basis, information to make global mine action efforts more effective; _______________ 6 See APLC/MSP.5/2003/5. 7 Ibid., part I, sect. E. A/RES/59/84 3 6. Renews its call upon all States and other relevant parties to work together to promote, support and advance the care, rehabilitation and social and economic reintegration of mine victims, mine risk education programmes and the removal of anti-personnel mines and stockpiles throughout the world and the assurance of their destruction; 7. Invites and encourages all interested States, the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations to attend the First Review Conference at the highest possible level and, pending a decision to be taken at the First Review Conference, to maintain the high level of participation in the subsequent meetings of the States parties, including their intersessional work programme; 8. Requests the Secretary-General to undertake the preparations necessary to convene the next meeting of the States parties, pending a decision to be taken at the First Review Conference, and to invite States not parties to the Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations to attend the meeting as observers; 9. Decides to include in the provisional agenda of its sixtieth session the item entitled “Implementation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction”.
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A/RES/59/91
Resolution adopted by the General Assembly on 3 December 2004 [on the report of the First Committee (A/59/459)] 59/91. The Hague Code of Conduct against Ballistic Missile Proliferation The General Assembly, Concerned about the increasing regional and global security challenges caused, inter alia, by the ongoing proliferation of ballistic missiles capable of delivering weapons of mass destruction, Bearing in mind the purposes and principles of the United Nations and its role and responsibility in the field of international peace and security in accordance with the Charter of the United Nations, Emphasizing the significance of regional and international efforts to prevent and curb comprehensively the proliferation of ballistic missile systems capable of delivering weapons of mass destruction, as a contribution to international peace and security, Convinced that the Hague Code of Conduct against Ballistic Missile Proliferation 1 will contribute to enhancing transparency and confidence among States, Confirming its commitment to the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, as contained in the annex to its resolution 51/122 of 13 December 1996, Recognizing that States should not be excluded from utilizing the benefits of space for peaceful purposes, but that in reaping such benefits and in conducting related cooperation they must not contribute to the proliferation of ballistic missiles capable of carrying weapons of mass destruction, Mindful of the need to combat the proliferation of weapons of mass destruction and their means of delivery, _______________ 1 A/57/724, enclosure. A/RES/59/91 2 1. Welcomes the adoption of the Hague Code of Conduct against Ballistic Missile Proliferation on 25 November 2002 at The Hague1 as a practical step against the proliferation of weapons of mass destruction and their means of delivery; 2. Notes with satisfaction that one hundred and seventeen States already have subscribed to the Code of Conduct; 3. Invites all States that have not yet subscribed to the Code of Conduct to do so; 4. Encourages the exploration of further ways and means to deal effectively with the problem of the proliferation of ballistic missiles capable of delivering weapons of mass destruction; 5. Decides to include in the provisional agenda of its sixtieth session an item entitled “The Hague Code of Conduct against Ballistic Missile Proliferation”.
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A/RES/60/103
Resolution adopted by the General Assembly on 8 December 2005 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/60/476)] 60/103. Palestine refugees’ properties and their revenues The General Assembly, Recalling its resolutions 194 (III) of 11 December 1948, 36/146 C of 16 December 1981 and all its subsequent resolutions on the question, Taking note of the report of the Secretary-General submitted in pursuance of resolution 59/120 of 10 December 2004,1 Taking note also of the report of the United Nations Conciliation Commission for Palestine for the period from 1 September 2004 to 31 August 2005,2 Recalling that the Universal Declaration of Human Rights3 and the principles of international law uphold the principle that no one shall be arbitrarily deprived of his or her property, Recalling in particular its resolution 394 (V) of 14 December 1950, in which it directed the Conciliation Commission, in consultation with the parties concerned, to prescribe measures for the protection of the rights, property and interests of the Palestine refugees, Noting the completion of the programme of identification and evaluation of Arab property, as announced by the Conciliation Commission in its twenty-second progress report,4 and the fact that the Land Office had a schedule of Arab owners and file of documents defining the location, area and other particulars of Arab property, Expressing its appreciation for the work done to preserve and modernize the existing records, including the land records, of the Conciliation Commission and the importance of such records for a just resolution of the plight of the Palestine refugees in conformity with resolution 194 (III), _______________ 1 A/60/256. 2 See A/60/277. 3 Resolution 217 A (III). 4 Official Records of the General Assembly, Nineteenth Session, Annexes, Annex No. 11, document A/5700. A/RES/60/103 2 Recalling that, in the framework of the Middle East peace process, the Palestine Liberation Organization and the Government of Israel agreed, in the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993, 5 to commence negotiations on permanent status issues, including the important issue of the refugees, 1. Reaffirms that the Palestine refugees are entitled to their property and to the income derived therefrom, in conformity with the principles of equity and justice; 2. Requests the Secretary-General to take all appropriate steps, in consultation with the United Nations Conciliation Commission for Palestine, for the protection of Arab property, assets and property rights in Israel; 3. Calls once again upon Israel to render all facilities and assistance to the Secretary-General in the implementation of the present resolution; 4. Calls upon all the parties concerned to provide the Secretary-General with any pertinent information in their possession concerning Arab property, assets and property rights in Israel that would assist him in the implementation of the present resolution; 5. Urges the Palestinian and Israeli sides, as agreed between them, to deal with the important issue of Palestine refugees’ properties and their revenues within the framework of the final status negotiations of the Middle East peace process; 6. Requests the Secretary-General to report to the General Assembly at its sixty-first session on the implementation of the present resolution. 62nd plenary meeting 8 December 2005 _______________ 5 A/48/486-S/26560, annex.
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A/RES/60/155
Resolution adopted by the General Assembly on 16 December 2005 [on the report of the Third Committee (A/60/509/Add.2 (Part II))] 60/155. Human rights and unilateral coercive measures The General Assembly, Recalling all its previous resolutions on this subject, the most recent of which was resolution 59/188 of 20 December 2004, and Commission on Human Rights resolution 2005/14 of 14 April 2005,1 Reaffirming the pertinent principles and provisions contained in the Charter of Economic Rights and Duties of States proclaimed by the General Assembly in its resolution 3281 (XXIX) of 12 December 1974, in particular article 32 thereof, in which it declared that no State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights, Taking note of the report of the Secretary-General, 2 submitted pursuant to Commission on Human Rights resolution 1999/21 of 23 April 1999,3 and the reports of the Secretary-General on the implementation of resolutions 52/120 of 12 December 19974 and 55/110 of 4 December 2000,5 Recognizing the universal, indivisible, interdependent and interrelated character of all human rights, and, in this regard, reaffirming the right to development as an integral part of all human rights, Recalling that the World Conference on Human Rights, held at Vienna from 14 to 25 June 1993, called upon States to refrain from any unilateral coercive measure not in accordance with international law and the Charter of the United Nations that creates obstacles to trade relations among States and impedes the full realization of all human rights,6 _______________ 1 See Official Records of the Economic and Social Council, 2005, Supplement No. 3 and corrigendum (E/2005/23 and Corr.1), chap. II, sect. A. 2 E/CN.4/2000/46 and Add.1. 3 See Official Records of the Economic and Social Council, 1999, Supplement No. 3 (E/1999/23), chap. II, sect. A. 4 A/53/293 and Add.1. 5 A/56/207 and Add.1. 6 See A/CONF.157/24 (Part I), chap. III, sect. I, para. 31. A/RES/60/155 2 Bearing in mind all the references to this question in the Copenhagen Declaration on Social Development adopted by the World Summit for Social Development on 12 March 1995, 7 the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, 8 the Istanbul Declaration on Human Settlements and the Habitat Agenda adopted by the second United Nations Conference on Human Settlements (Habitat II) on 14 June 1996,9 and their five-year reviews, Expressing its concern about the negative impact of unilateral coercive measures on international relations, trade, investment and cooperation, Expressing its grave concern that, in some countries, the situation of children is adversely affected by unilateral coercive measures not in accordance with international law and the Charter that create obstacles to trade relations among States, impede the full realization of social and economic development and hinder the well- being of the population in the affected countries, with particular consequences for women and children, including adolescents, Deeply concerned that, despite the recommendations adopted on this question by the General Assembly and recent major United Nations conferences, and contrary to general international law and the Charter, unilateral coercive measures continue to be promulgated and implemented with all their negative implications for the social-humanitarian activities and economic and social development of developing countries, including their extraterritorial effects, thereby creating additional obstacles to the full enjoyment of all human rights by peoples and individuals under the jurisdiction of other States, Bearing in mind all the extraterritorial effects of any unilateral legislative, administrative and economic measures, policies and practices of a coercive nature against the development process and the enhancement of human rights in developing countries, which create obstacles to the full realization of all human rights, Noting the continuing efforts of the open-ended Working Group on the Right to Development of the Commission on Human Rights, and reaffirming in particular its criteria, according to which unilateral coercive measures are one of the obstacles to the implementation of the Declaration on the Right to Development,10 1. Urges all States to refrain from adopting or implementing any unilateral measures not in accordance with international law and the Charter of the United Nations, in particular those of a coercive nature with all their extraterritorial effects, which create obstacles to trade relations among States, thus impeding the full realization of the rights set forth in the Universal Declaration of Human Rights11 and other international human rights instruments, in particular the right of individuals and peoples to development; _______________ 7 Report of the World Summit for Social Development, Copenhagen, 6–12 March 1995 (United Nations publication, Sales No. E.96.IV.8), chap. I, resolution 1, annex I. 8 Report of the Fourth World Conference on Women, Beijing, 4–15 September 1995 (United Nations publication, Sales No. E.96.IV.13), chap. I, resolution 1, annexes I and II. 9 Report of the United Nations Conference on Human Settlements (Habitat II), Istanbul, 3–14 June 1996 (United Nations publication, Sales No. E.97.IV.6), chap. I, resolution 1, annexes I and II. 10 Resolution 41/128, annex. 11 Resolution 217 A (III). A/RES/60/155 3 2. Also urges all States to take steps to avoid and to refrain from adopting any unilateral measures not in accordance with international law and the Charter that impede the full achievement of economic and social development by the population of the affected countries, in particular children and women, that hinder their well- being and that create obstacles to the full enjoyment of their human rights, including the right of everyone to a standard of living adequate for their health and well-being and their right to food, medical care and the necessary social services, as well as to ensure that food and medicine are not used as tools for political pressure; 3. Invites all States to consider adopting administrative or legislative measures, as appropriate, to counteract the extraterritorial applications or effects of unilateral coercive measures; 4. Rejects unilateral coercive measures with all their extraterritorial effects as tools for political or economic pressure against any country, in particular against developing countries, because of their negative effects on the realization of all the human rights of vast sectors of their populations, in particular children, women and the elderly; 5. Calls upon Member States that have initiated such measures to commit themselves to their obligations and responsibilities arising from the international human rights instruments to which they are party by revoking such measures at the earliest possible time; 6. Reaffirms, in this context, the right of all peoples to self-determination, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development; 7. Urges the Commission on Human Rights to take fully into account the negative impact of unilateral coercive measures, including the enactment of national laws and their extraterritorial application, in its task concerning the implementation of the right to development; 8. Requests the United Nations High Commissioner for Human Rights, in discharging her functions relating to the promotion, realization and protection of the right to development and bearing in mind the continuing impact of unilateral coercive measures on the population of developing countries, to give priority to the present resolution in her annual report to the General Assembly; 9. Requests the Secretary-General to bring the present resolution to the attention of all Member States, to continue to collect their views and information on the implications and negative effects of unilateral coercive measures on their populations and to submit an analytical report thereon to the General Assembly at its sixty-first session, highlighting the practical and preventive measures in this respect; 10. Decides to examine the question on a priority basis at its sixty-first session under the sub-item entitled “Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms”.
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A/RES/60/173
Resolution adopted by the General Assembly on 16 December 2005 [on the report of the Third Committee (A/60/509/Add.3 and Corr.1)] 60/173. Situation of human rights in the Democratic People’s Republic of Korea The General Assembly, Reaffirming that States Members of the United Nations have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations that they have undertaken under the various international instruments, Mindful that the Democratic People’s Republic of Korea is a party to the International Covenant on Civil and Political Rights,1 the International Covenant on Economic, Social and Cultural Rights,1 the Convention on the Rights of the Child2 and the Convention on the Elimination of All Forms of Discrimination against Women,3 Recalling Commission on Human Rights resolutions 2003/10 of 16 April 2003,4 2004/13 of 15 April 20045 and 2005/11 of 14 April 2005,6 Recalling in particular that, in its resolution 2005/11, the Commission on Human Rights urged the General Assembly to take up the question of the situation of human rights in the Democratic People’s Republic of Korea if the Government did not extend cooperation to the Special Rapporteur of the Commission on the situation of human rights in the Democratic People’s Republic of Korea and if no improvement of the situation of human rights in the country was observed, Taking note of the report of the Special Rapporteur,7 _______________ 1 See resolution 2200 A (XXI), annex. 2 United Nations, Treaty Series, vol. 1577, No. 27531. 3 Ibid., vol. 1249, No. 20378. 4 See Official Records of the Economic and Social Council, 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 5 Ibid., 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 6 Ibid., 2005, Supplement No. 3 and corrigendum (E/2005/23 and Corr.1), chap. II, sect. A. 7 See A/60/306. A/RES/60/173 2 1. Expresses its serious concern at: (a) The refusal of the Government of the Democratic People’s Republic of Korea to recognize the mandate of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Democratic People’s Republic of Korea or to extend cooperation to him; (b) Continuing reports of systemic, widespread and grave violations of human rights in the Democratic People’s Republic of Korea, including: (i) Torture and other cruel, inhuman or degrading treatment or punishment, public executions, extrajudicial and arbitrary detention, the absence of due process and the rule of law, the imposition of the death penalty for political reasons, the existence of a large number of prison camps and the extensive use of forced labour; (ii) Sanctions imposed on citizens of the Democratic People’s Republic of Korea who have been repatriated from abroad, such as treating their departure as treason, leading to punishments of internment, torture, cruel, inhuman or degrading treatment or the death penalty; (iii) All-pervasive and severe restrictions on the freedoms of thought, conscience, religion, opinion and expression, peaceful assembly and association, and on equal access to information and limitations imposed on every person who wishes to move freely within the country and travel abroad; (iv) Continuing violation of the human rights and fundamental freedoms of women, in particular the trafficking of women for the purpose of prostitution or forced marriage, forced abortions, and infanticide of children of repatriated mothers, including in police detention centres and camps; (v) Unresolved questions relating to the abduction of foreigners in the form of an enforced disappearance; 2. Expresses its concern that the Government of the Democratic People’s Republic of Korea has not engaged in technical cooperation activities with the United Nations High Commissioner for Human Rights and her Office, despite efforts by the High Commissioner to engage in a dialogue with the authorities of the Democratic People’s Republic of Korea in this regard; 3. Expresses its deep concern at the precarious humanitarian situation in the country, in particular the prevalence of infant malnutrition, which still affects the physical and mental development of a significant proportion of children; 4. Urges the Government of the Democratic People’s Republic of Korea, in this regard, to ensure that humanitarian organizations, including non-governmental organizations and United Nations organizations, in particular the World Food Programme, have full, free, safe and unimpeded access to all parts of the Democratic People’s Republic of Korea so that they may ensure that humanitarian assistance is delivered impartially on the basis of need in accordance with humanitarian principles, this concern having been aggravated by the announcement by the authorities of the Democratic People’s Republic of Korea of their intention not to accept humanitarian assistance from January 2006; A/RES/60/173 3 5. Also urges the Government of the Democratic People’s Republic of Korea to respect fully all human rights and fundamental freedoms and, in this regard, to implement fully the measures set out in the above-mentioned resolutions of the Commission on Human Rights, in particular full cooperation with the Special Rapporteur.
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A/RES/60/183
Resolution adopted by the General Assembly on 22 December 2005 [on the report of the Second Committee (A/60/484)] 60/183. Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources The General Assembly, Recalling its resolution 59/251 of 22 December 2004, and taking note of Economic and Social Council resolution 2005/51 of 27 July 2005, Recalling also its resolution 58/292 of 6 May 2004, Reaffirming the principle of the permanent sovereignty of peoples under foreign occupation over their natural resources, Guided by the principles of the Charter of the United Nations, affirming the inadmissibility of the acquisition of territory by force, and recalling relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 465 (1980) of 1 March 1980 and 497 (1981) of 17 December 1981, Recalling its resolution 2625 (XXV) of 24 October 1970, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,1 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, Recalling, in this regard, the International Covenant on Civil and Political Rights2 and the International Covenant on Economic, Social and Cultural Rights,2 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, as well as in the occupied Syrian Golan, Recalling also the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a _______________ 1 United Nations, Treaty Series, vol. 75, No. 973. 2 See resolution 2200 A (XXI), annex. A/RES/60/183 2 Wall in the Occupied Palestinian Territory, 3 and recalling further its resolution ES-10/15 of 20 July 2004, Expressing its concern at the exploitation by Israel, the occupying Power, of the natural resources of the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, Expressing its concern also at the extensive destruction by Israel, the occupying Power, of agricultural land and orchards in the Occupied Palestinian Territory, including the uprooting of a vast number of fruit-bearing trees, Aware of the detrimental impact of the Israeli settlements on Palestinian and other Arab natural resources, especially as a result of the confiscation of land and the forced diversion of water resources, and of the dire economic and social consequences in this regard, Aware also of the detrimental impact on Palestinian natural resources being caused by the unlawful construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and of its grave effect on the natural resources and economic and social conditions of the Palestinian people, Reaffirming the need for the immediate resumption of negotiations within the Middle East peace process, on the basis of Security Council resolutions 242 (1967), 338 (1973) of 22 October 1973, 425 (1978) of 19 March 1978 and 1397 (2002) of 12 March 2002, the principle of land for peace and the Quartet performance-based road map to a permanent two-State solution to the Israeli-Palestinian conflict,4 as endorsed by the Security Council in its resolution 1515 (2003) of 19 November 2003, and for the achievement of a final settlement on all tracks, Acknowledging the importance of the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and of the dismantlement of settlements therein as a step towards the implementation of the road map, Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, Taking note with appreciation of the note by the Secretary-General transmitting the report prepared by the Economic and Social Commission for Western Asia on the economic and social repercussions of the Israeli occupation on the living conditions of the Palestinian people in the Occupied Palestinian Territory, including Jerusalem, and of the Arab population in the occupied Syrian Golan,5 1. Reaffirms the inalienable rights of the Palestinian people and the population of the occupied Syrian Golan over their natural resources, including land and water; 2. Calls upon Israel, the occupying Power, not to exploit, damage, cause loss or depletion of, or endanger the natural resources in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan; 3. Recognizes the right of the Palestinian people to claim restitution as a result of any exploitation, damage, loss or depletion, or endangerment of their _______________ 3 A/ES-10/273 and Corr.1. 4 See S/2003/529, annex. 5 A/60/65-E/2005/13. A/RES/60/183 3 natural resources resulting from illegal measures taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and expresses the hope that this issue will be dealt with in the framework of the final status negotiations between the Palestinian and Israeli sides; 4. Stresses that the wall being constructed by Israel in the Occupied Palestinian Territory, including in and around East Jerusalem, is contrary to international law and is seriously depriving the Palestinian people of their natural resources, and calls in this regard for full compliance with the legal obligations mentioned in the 9 July 2004 advisory opinion of the International Court of Justice3 and in resolution ES-10/15; 5. Welcomes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map; 6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem; 7. Also calls upon Israel, the occupying Power, to cease the dumping of all kinds of waste materials in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, which gravely threaten their natural resources, namely the water and land resources, and pose an environmental hazard and health threat to the civilian populations; 8. Requests the Secretary-General to report to it at its sixty-first session on the implementation of the present resolution, and decides to include in the provisional agenda of its sixty-first session the item entitled “Permanent sovereignty of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem, and of the Arab population in the occupied Syrian Golan over their natural resources”.
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A/RES/60/226
Resolution adopted by the General Assembly on 23 December 2005 [on the report of the First Committee (A/60/463)] 60/226. Transparency in armaments The General Assembly, Recalling its resolutions 46/36 L of 9 December 1991, 47/52 L of 15 December 1992, 48/75 E of 16 December 1993, 49/75 C of 15 December 1994, 50/70 D of 12 December 1995, 51/45 H of 10 December 1996, 52/38 R of 9 December 1997, 53/77 V of 4 December 1998, 54/54 O of 1 December 1999, 55/33 U of 20 November 2000, 56/24 Q of 29 November 2001, 57/75 of 22 November 2002 and 58/54 of 8 December 2003 entitled “Transparency in armaments”, Continuing to take the view that an enhanced level of transparency in armaments contributes greatly to confidence-building and security among States and that the establishment of the United Nations Register of Conventional Arms 1 constitutes an important step forward in the promotion of transparency in military matters, Welcoming the consolidated report of the Secretary-General on the Register,2 which includes the returns of Member States for 2004, Welcoming also the response of Member States to the request contained in paragraphs 9 and 10 of resolution 46/36 L to provide data on their imports and exports of arms, as well as available background information regarding their military holdings, procurement through national production and relevant policies, Welcoming further the inclusion by some Member States of their transfers of small arms and light weapons in their annual report to the Register as part of their additional background information, Stressing that the continuing operation of the Register and its further development should be reviewed in order to secure a Register that is capable of attracting the widest possible participation, _______________ 1 See resolution 46/36 L. 2 A/60/160 and Corr.1 and Add.1. A/RES/60/226 2 1. Reaffirms its determination to ensure the effective operation of the United Nations Register of Conventional Arms,1 as provided for in paragraphs 7 to 10 of resolution 46/36 L; 2. Calls upon Member States, with a view to achieving universal participation, to provide the Secretary-General, by 31 May annually, with the requested data and information for the Register, including nil reports if appropriate, on the basis of resolutions 46/36 L and 47/52 L, the recommendations contained in paragraph 64 of the 1997 report of the Secretary-General on the continuing operation of the Register and its further development, 3 the recommendations contained in paragraph 94 of the 2000 report of the Secretary-General and the appendices and annexes thereto 4 and the recommendations contained in paragraphs 112 to 114 of the 2003 report of the Secretary-General;5 3. Invites Member States in a position to do so, pending further development of the Register, to provide additional information on procurement through national production and military holdings and to make use of the “Remarks” column in the standardized reporting form to provide additional information such as types or models and to include transfers of small arms and light weapons, using definitions and reporting measures they deem appropriate, as part of their additional background information; 4. Reaffirms its decision, with a view to further development of the Register, to keep the scope of and participation in the Register under review and, to that end: (a) Recalls its request to Member States to provide the Secretary-General with their views on the continuing operation of the Register and its further development and on transparency measures related to weapons of mass destruction; (b) Requests the Secretary-General, with the assistance of a group of governmental experts to be convened in 2006, within available resources, on the basis of equitable geographical representation, to prepare a report on the continuing operation of the Register and its further development, taking into account the work of the Conference on Disarmament, the views expressed by Member States and the reports of the Secretary-General on the continuing operation of the Register and its further development, with a view to taking a decision at its sixty-first session; 5. Requests the Secretary-General to implement the recommendations contained in his 2000 and 2003 reports on the continuing operation of the Register and its further development and to ensure that sufficient resources are made available for the Secretariat to operate and maintain the Register; 6. Invites the Conference on Disarmament to consider continuing its work undertaken in the field of transparency in armaments; 7. Reiterates its call upon all Member States to cooperate at the regional and subregional levels, taking fully into account the specific conditions prevailing in the region or subregion, with a view to enhancing and coordinating international efforts aimed at increased openness and transparency in armaments; _______________ 3 A/52/316 and Corr.2. 4 A/55/281. 5 A/58/274. A/RES/60/226 3 8. Requests the Secretary-General to report to the General Assembly at its sixty-first session on progress made in implementing the present resolution; 9. Decides to include in the provisional agenda of its sixty-first session the item entitled “Transparency in armaments”.
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A/RES/60/48
Resolution adopted by the General Assembly on 8 December 2005 [on the report of the First Committee (A/60/455)] 60/48. Implementation of the Declaration of the Indian Ocean as a Zone of Peace The General Assembly, Recalling the Declaration of the Indian Ocean as a Zone of Peace, contained in its resolution 2832 (XXVI) of 16 December 1971, and recalling also its resolutions 54/47 of 1 December 1999, 56/16 of 29 November 2001 and 58/29 of 8 December 2003 and other relevant resolutions, Recalling also the report of the Meeting of the Littoral and Hinterland States of the Indian Ocean held in July 1979,1 Recalling further paragraph 102 of the Final Document of the Thirteenth Conference of Heads of State or Government of Non-Aligned Countries, held at Kuala Lumpur, from 20 to 25 February 2003,2 in which it was noted, inter alia, that the Chairperson of the Ad Hoc Committee on the Indian Ocean would continue his informal consultations on the future work of the Committee, Emphasizing the need to foster consensual approaches that are conducive to the pursuit of such endeavours, Noting the initiatives taken by countries of the region to promote cooperation, in particular economic cooperation, in the Indian Ocean area and the possible contribution of such initiatives to overall objectives of a zone of peace, Convinced that the participation of all permanent members of the Security Council and the major maritime users of the Indian Ocean in the work of the Ad Hoc Committee is important and would assist the progress of a mutually beneficial dialogue to develop conditions of peace, security and stability in the Indian Ocean region, Considering that greater efforts and more time are required to develop a focused discussion on practical measures to ensure conditions of peace, security and stability in the Indian Ocean region, _______________ 1 Official Records of the General Assembly, Thirty-fourth Session, Supplement No. 45 and corrigendum (A/34/45 and Corr.1). 2 See A/57/759-S/2003/332, annex I. A/RES/60/48 2 Having considered the report of the Ad Hoc Committee on the Indian Ocean,3 1. Takes note of the report of the Ad Hoc Committee on the Indian Ocean;3 2. Reiterates its conviction that the participation of all permanent members of the Security Council and the major maritime users of the Indian Ocean in the work of the Ad Hoc Committee is important and would greatly facilitate the development of a mutually beneficial dialogue to advance peace, security and stability in the Indian Ocean region; 3. Requests the Chairman of the Ad Hoc Committee to continue his informal consultations with the members of the Committee and to report through the Committee to the General Assembly at its sixty-second session; 4. Requests the Secretary-General to continue to render, within existing resources, all necessary assistance to the Ad Hoc Committee, including the provision of summary records; 5. Decides to include in the provisional agenda of its sixty-second session the item entitled “Implementation of the Declaration of the Indian Ocean as a Zone of Peace”. 61st plenary meeting 8 December 2005 _______________ 3 Official Records of the General Assembly, Sixtieth Session, Supplement No. 29 (A/60/29).
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A/RES/60/61
Resolution adopted by the General Assembly on 8 December 2005 [on the report of the First Committee (A/60/463)] 60/61. Relationship between disarmament and development The General Assembly, Recalling that the Charter of the United Nations envisages the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, Recalling also the provisions of the Final Document of the Tenth Special Session of the General Assembly concerning the relationship between disarmament and development, 1 as well as the adoption on 11 September 1987 of the Final Document of the International Conference on the Relationship between Disarmament and Development,2 Recalling further its resolutions 49/75 J of 15 December 1994, 50/70 G of 12 December 1995, 51/45 D of 10 December 1996, 52/38 D of 9 December 1997, 53/77 K of 4 December 1998, 54/54 T of 1 December 1999, 55/33 L of 20 November 2000, 56/24 E of 29 November 2001, 57/65 of 22 November 2002 and 59/78 of 3 December 2004, and its decision 58/520 of 8 December 2003, Bearing in mind the Final Document of the Twelfth Conference of Heads of State or Government of Non-Aligned Countries, held in Durban, South Africa, from 29 August to 3 September 1998, 3 and the Final Document of the Thirteenth Ministerial Conference of the Movement of Non-Aligned Countries, held in Cartagena, Colombia, on 8 and 9 April 2000,4 Mindful of the changes in international relations that have taken place since the adoption on 11 September 1987 of the Final Document of the International Conference on the Relationship between Disarmament and Development, including the development agenda that has emerged over the past decade, Bearing in mind the new challenges for the international community in the field of development, poverty eradication and the elimination of the diseases that afflict humanity, _______________ 1 See resolution S-10/2. 2 United Nations publication, Sales No. E.87.IX.8. 3 A/53/667-S/1998/1071, annex I. 4 A/54/917-S/2000/580, annex. A/RES/60/61 2 Stressing the importance of the symbiotic relationship between disarmament and development and the important role of security in this connection, and concerned at increasing global military expenditure, which could otherwise be spent on development needs, 1. Welcomes the report of the Group of Governmental Experts on the relationship between disarmament and development 5 and its reappraisal of this significant issue in the current international context; 2. Stresses the central role of the United Nations in the disarmament- development relationship, and requests the Secretary-General to strengthen further the role of the Organization in this field, in particular the high-level Steering Group on Disarmament and Development, in order to assure continued and effective coordination and close cooperation between the relevant United Nations departments, agencies and sub-agencies; 3. Requests the Secretary-General to continue to take action, through appropriate organs and within available resources, for the implementation of the action programme adopted at the 1987 International Conference on the Relationship between Disarmament and Development;2 4. Urges the international community to devote part of the resources made available by the implementation of disarmament and arms limitation agreements to economic and social development, with a view to reducing the ever-widening gap between developed and developing countries; 5. Encourages the international community to achieve the Millennium Development Goals and to make reference to the contribution that disarmament could provide in meeting them when it reviews its progress towards this purpose in 2006, as well as to make greater efforts to integrate disarmament, humanitarian and development activities; 6. Encourages the relevant regional and subregional organizations and institutions, non-governmental organizations and research institutes to incorporate issues related to the relationship between disarmament and development in their agendas and, in this regard, to take into account the report of the Group of Governmental Experts; 7. Requests the Secretary-General to report to the General Assembly at its sixty-first session on the implementation of the present resolution; 8. Decides to include in the provisional agenda of its sixty-first session the item entitled “Relationship between disarmament and development”. 61st plenary meeting 8 December 2005 _______________ 5 See A/59/119.
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A/RES/60/72
Resolution adopted by the General Assembly on 8 December 2005 [on the report of the First Committee (A/60/463)] 60/72. Follow-up to nuclear disarmament obligations agreed to at the 1995 and 2000 Review Conferences of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons The General Assembly, Recalling its various resolutions in the field of nuclear disarmament, including its most recent, resolutions 59/77, 59/83 and 59/102 of 3 December 2004, Bearing in mind its resolution 2373 (XXII) of 12 June 1968, the annex to which contains the Treaty on the Non-Proliferation of Nuclear Weapons,1 Noting the provisions of article VIII, paragraph 3, of the Treaty regarding the convening of review conferences at five-year intervals, Recalling its resolution 50/70 Q of 12 December 1995, in which the General Assembly noted that the States parties to the Treaty affirmed the need to continue to move with determination towards the full realization and effective implementation of the provisions of the Treaty, and accordingly adopted a set of principles and objectives, Recalling also that, on 11 May 1995, the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons adopted three decisions on strengthening the review process for the Treaty, principles and objectives for nuclear non-proliferation and disarmament, and extension of the Treaty,2 Reaffirming the resolution on the Middle East adopted on 11 May 1995 by the 1995 Review and Extension Conference of the Parties to the Treaty,2 in which the Conference reaffirmed the importance of the early realization of universal adherence to the Treaty and placement of nuclear facilities under full-scope International Atomic Energy Agency safeguards, _______________ 1 See also United Nations, Treaty Series, vol. 729, No. 10485. 2 See 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex. A/RES/60/72 2 Reaffirming also its resolution 55/33 D of 20 November 2000, in which the General Assembly welcomed the adoption by consensus on 19 May 2000 of the Final Document of the 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, 3 including, in particular, the documents entitled “Review of the operation of the Treaty, taking into account the decisions and the resolution adopted by the 1995 Review and Extension Conference” and “Improving the effectiveness of the strengthened review process for the Treaty”,4 Taking into consideration the unequivocal undertaking by the nuclear-weapon States, in the Final Document of the 2000 Review Conference of the Parties to the Treaty, to accomplish the total elimination of their nuclear arsenals leading to nuclear disarmament, to which all States parties to the Treaty are committed under article VI of the Treaty, Gravely concerned over the failure of the 2005 Review Conference of the Parties to the Treaty to reach any substantive agreement on the follow-up to the nuclear disarmament obligations, 1. Determines to pursue practical steps for systematic and progressive efforts to implement article VI of the Treaty on the Non-Proliferation of Nuclear Weapons1 and paragraphs 3 and 4 (c) of the decision on principles and objectives for nuclear non-proliferation and disarmament of the 1995 Review and Extension Conference of the Parties to the Treaty;2 2. Calls for practical steps, as agreed to at the 2000 Review Conference of the Parties to the Treaty, to be taken by all nuclear-weapon States that would lead to nuclear disarmament in a way that promotes international stability and, based upon the principle of undiminished security for all, for: (a) Further efforts to be made by the nuclear-weapon States to reduce their nuclear arsenals unilaterally; (b) Increased transparency by the nuclear-weapon States with regard to nuclear weapons capabilities and the implementation of agreements pursuant to article VI of the Treaty and as a voluntary confidence-building measure to support further progress in nuclear disarmament; (c) The further reduction of non-strategic nuclear weapons, based on unilateral initiatives and as an integral part of the nuclear arms reduction and disarmament process; (d) Concrete agreed measures to reduce further the operational status of nuclear weapons systems; (e) A diminishing role for nuclear weapons in security policies so as to minimize the risk that these weapons will ever be used and to facilitate the process of their total elimination; (f) The engagement, as soon as appropriate, of all the nuclear-weapon States in the process leading to the total elimination of their nuclear weapons; 3. Notes that the 2000 Review Conference of the Parties to the Treaty agreed that legally binding security assurances by the five nuclear-weapon States to _______________ 3 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vols. I–III (NPT/CONF.2000/28 (Parts I–IV)). 4 Ibid., vol. I (NPT/CONF.2000/28 (Parts I and II)), part I. A/RES/60/72 3 the non-nuclear-weapon States parties to the Treaty strengthen the nuclear non- proliferation regime; 4. Urges the States parties to the Treaty to follow up on the implementation of the nuclear disarmament obligations under the Treaty agreed to at the 1995 and 2000 Review Conferences of the Parties to the Treaty within the framework of the 2010 Review Conference of the Parties to the Treaty and its preparatory committee; 5. Decides to include in the provisional agenda of its sixty-second session an item entitled “Follow-up to nuclear disarmament obligations agreed to at the 1995 and 2000 Review Conferences of the Parties to the Treaty on the Non- Proliferation of Nuclear Weapons”.
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A/RES/60/79
Resolution adopted by the General Assembly on 8 December 2005 [on the report of the First Committee (A/60/463)] 60/79. Reducing nuclear danger The General Assembly, Bearing in mind that the use of nuclear weapons poses the most serious threat to mankind and to the survival of civilization, Reaffirming that any use or threat of use of nuclear weapons would constitute a violation of the Charter of the United Nations, Convinced that the proliferation of nuclear weapons in all its aspects would seriously enhance the danger of nuclear war, Convinced also that nuclear disarmament and the complete elimination of nuclear weapons are essential to remove the danger of nuclear war, Considering that, until nuclear weapons cease to exist, it is imperative on the part of the nuclear-weapon States to adopt measures that assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, Considering also that the hair-trigger alert of nuclear weapons carries unacceptable risks of unintentional or accidental use of nuclear weapons, which would have catastrophic consequences for all mankind, Emphasizing the imperative need to adopt measures to avoid accidental, unauthorized or unexplained incidents arising from computer anomaly or other technical malfunctions, Conscious that limited steps relating to detargeting have been taken by the nuclear-weapon States and that further practical, realistic and mutually reinforcing steps are necessary to contribute to the improvement in the international climate for negotiations leading to the elimination of nuclear weapons, Mindful that the reduction of tensions brought about by a change in nuclear doctrines would positively impact on international peace and security and improve the conditions for the further reduction and the elimination of nuclear weapons, Reiterating the highest priority accorded to nuclear disarmament in the Final Document of the Tenth Special Session of the General Assembly 1 and by the international community, _______________ 1 Resolution S-10/2. A/RES/60/79 2 Recalling that in the advisory opinion of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons2 it is stated that there exists an obligation for all States to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control, Recalling also the call in the United Nations Millennium Declaration3 to seek to eliminate the dangers posed by weapons of mass destruction and the resolve to strive for the elimination of weapons of mass destruction, particularly nuclear weapons, including the possibility of convening an international conference to identify ways of eliminating nuclear dangers, 1. Calls for a review of nuclear doctrines and, in this context, immediate and urgent steps to reduce the risks of unintentional and accidental use of nuclear weapons; 2. Requests the five nuclear-weapon States to take measures towards the implementation of paragraph 1 above; 3. Calls upon Member States to take the necessary measures to prevent the proliferation of nuclear weapons in all its aspects and to promote nuclear disarmament, with the objective of eliminating nuclear weapons; 4. Takes note of the report of the Secretary-General submitted pursuant to paragraph 5 of General Assembly resolution 59/79 of 3 December 2004;4 5. Requests the Secretary-General to intensify efforts and support initiatives that would contribute towards the full implementation of the seven recommendations identified in the report of the Advisory Board on Disarmament Matters that would significantly reduce the risk of nuclear war, 5 and also to continue to encourage Member States to endeavour to create conditions that would allow the emergence of an international consensus to hold an international conference as proposed in the United Nations Millennium Declaration,3 to identify ways of eliminating nuclear dangers, and to report thereon to the General Assembly at its sixty-first session; 6. Decides to include in the provisional agenda of its sixty-first session the item entitled “Reducing nuclear danger”. 61st plenary meeting 8 December 2005 _______________ 2 A/51/218, annex; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226. 3 See resolution 55/2. 4 A/60/122. 5 See A/56/400, para. 3.
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A/RES/61/119
Resolution adopted by the General Assembly on 14 December 2006 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/61/408)] 61/119. Israeli practices affecting the human rights of the Palestinian people in the Occupied Palestinian Territory, including East Jerusalem The General Assembly, Recalling its relevant resolutions, including resolution 60/107 of 8 December 2005, as well as those adopted at its tenth emergency special session, Recalling also the relevant resolutions of the Commission on Human Rights and the Human Rights Council, Bearing in mind the relevant resolutions of the Security Council, Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories1 and the report of the Secretary-General,2 Taking note of the recent reports of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied since 1967,3 Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice, 4 and recalling also General Assembly resolution ES-10/15 of 20 July 2004, Noting in particular the Court’s reply, including that the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, and its associated regime are contrary to international law, Recalling the International Covenant on Civil and Political Rights, 5 the International Covenant on Economic, Social and Cultural Rights5 and the _______________ 1 See A/61/500. 2 A/61/329. 3 See E/CN.4/2006/29 and A/61/470. 4 See A/ES-10/273 and Corr.1. 5 See resolution 2200 A (XXI), annex. A/RES/61/119 2 Convention on the Rights of the Child, 6 and affirming that these human rights instruments must be respected in the Occupied Palestinian Territory, including East Jerusalem, Aware of the responsibility of the international community to promote human rights and ensure respect for international law, and recalling in this regard its resolution 2625 (XXV) of 24 October 1970, Reaffirming the principle of the inadmissibility of the acquisition of territory by force, Reaffirming also the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,7 to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, Reaffirming further the obligation of the States parties to the Fourth Geneva Convention7 under articles 146, 147 and 148 with regard to penal sanctions, grave breaches and responsibilities of the High Contracting Parties, Reaffirming that all States have the right and the duty to take actions in conformity with international law and international humanitarian law to counter deadly acts of violence against their civilian population in order to protect the lives of their citizens, Stressing the need for full compliance with the Israeli-Palestinian agreements reached within the context of the Middle East peace process, including the Sharm El-Sheikh understandings, and the implementation of the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,8 Stressing also the need for the full implementation of the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement of the Palestinian civilian population within and into and out of the Gaza Strip, Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of settlements therein as a step towards the implementation of the road map, Expressing grave concern about the continuing systematic violation of the human rights of the Palestinian people by Israel, the occupying Power, including that arising from the excessive use of force, the use of collective punishment, the reoccupation and closure of areas, the confiscation of land, the establishment and expansion of settlements, the construction of the wall inside the Occupied Palestinian Territory in departure from the Armistice Line of 1949, the destruction of property and infrastructure, and all other actions by it designed to change the legal status, geographical nature and demographic composition of the Occupied Palestinian Territory, including East Jerusalem, Gravely concerned about the military actions that have been carried out since 28 September 2000 and that have led to thousands of deaths among Palestinian civilians, including hundreds of children, and tens of thousands of injuries, Expressing deep concern about the recent deterioration in the humanitarian and security situation in the Gaza Strip, including that resulting from the _______________ 6 United Nations, Treaty Series, vol. 1577, No. 27531. 7 Ibid., vol. 75, No. 973. 8 S/2003/529, annex. A/RES/61/119 3 bombardment against civilian areas, air raids and sonic booms, and the firing of rockets into Israel, and in particular from the military actions carried out by Israel, the occupying Power, that endanger the Palestinian civilian population, and especially deploring the killing of Palestinian civilians, including women and children, that took place in Beit Hanoun on 8 November 2006, Expressing deep concern also about the vast destruction caused by the Israeli occupying forces, including of religious, cultural and historical sites, of vital infrastructure and institutions of the Palestinian Authority, and of agricultural land throughout Palestinian cities, towns, villages and refugee camps, and expressing deep concern about the short- and long-term detrimental impact of such destruction on the socio-economic and humanitarian conditions of the Palestinian civilian population, Expressing deep concern further about the Israeli policy of closure and the severe restrictions, including curfews and the permit regime, that continue to be imposed on the movement of persons and goods, including medical and humanitarian personnel and goods, throughout the Occupied Palestinian Territory, including East Jerusalem, and the consequent negative impact on the socio-economic situation of the Palestinian people, which remains that of a dire humanitarian crisis, Concerned about the continued establishment of Israeli checkpoints in the Occupied Palestinian Territory, including East Jerusalem, and the transformation of several of these checkpoints into structures akin to permanent border crossings inside the Occupied Palestinian Territory, which are severely impairing the territorial contiguity of the Territory and severely undermining efforts to rehabilitate and develop the Palestinian economy, Expressing deep concern that thousands of Palestinians, including children and women, continue to be held in Israeli prisons or detention centres under harsh conditions that impair their well-being, and expressing concern about the ill treatment and harassment of any of the Palestinian prisoners and all reports of torture, Convinced of the need for an international presence to monitor the situation, to contribute to ending the violence and protecting the Palestinian civilian population and to help the parties implement the agreements reached and, in this regard, recalling the positive contribution of the Temporary International Presence in Hebron, Welcoming the Palestinian truce initiative and its acceptance by Israel that came into effect on 26 November 2006, and urging both parties to maintain this truce, which could pave the way for genuine negotiations towards a just resolution of the conflict, Stressing the necessity for the full implementation of all relevant Security Council resolutions, 1. Reiterates that all measures and actions taken by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,7 and contrary to the relevant resolutions of the Security Council, are illegal and have no validity; 2. Demands that Israel, the occupying Power, comply fully with the provisions of the Fourth Geneva Convention of 19497 and cease immediately all measures and actions taken in violation and in breach of the Convention, including all of its settlement activities and the construction of the wall in the Occupied A/RES/61/119 4 Palestinian Territory, including in and around East Jerusalem, as well as the extrajudicial executions; 3. Condemns all acts of violence, including all acts of terror, provocation, incitement and destruction, especially the excessive use of force by the Israeli occupying forces against Palestinian civilians, resulting in extensive loss of life and vast numbers of injuries, including among children, massive destruction of homes, properties, agricultural lands and vital infrastructure, and the internal displacement of civilians; 4. Expresses grave concern at the use of suicide bombing attacks against Israeli civilians resulting in extensive loss of life and injury; 5. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the dismantlement of the settlements therein as a step towards the implementation of the road map;8 6. Calls upon Israel, the occupying Power, in this regard, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character and status of the Occupied Palestinian Territory, including East Jerusalem; 7. Demands that Israel, the occupying Power, cease all practices and actions that violate the human rights of the Palestinian people, and that it respect human rights law and comply with its legal obligations in this regard; 8. Urges Member States to continue to provide emergency assistance to the Palestinian people to alleviate the financial crisis and the dire socio-economic and humanitarian situation being faced by the Palestinian people; 9. Calls upon Israel, the occupying Power, to release the tax revenues due to the Palestinian Authority, in accordance with the Paris Economic Protocol of 1994, and to ease the severe closures and restrictions on movement; 10. Acknowledges the role the temporary international mechanism plays in assisting directly the Palestinian people, and encourages interested donors to make use of the mechanism; 11. Emphasizes the need to preserve the Palestinian institutions and infrastructure for the provision of vital public services to the Palestinian civilian population and the promotion of Palestinian civil, political, economic, social and cultural rights; 12. Demands that Israel, the occupying Power, comply with its legal obligations under international law, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice4 and as demanded in resolutions ES-10/15 of 20 July 2004 and ES-10/13 of 21 October 2003, and that it immediately cease the construction of the wall in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle forthwith the structure situated therein, repeal or render ineffective all legislative and regulatory acts relating thereto, and make reparation for all damage caused by the construction of the wall, which has gravely impacted the human rights and the socio-economic living conditions of the Palestinian people; 13. Stresses the need for respect for the unity and territorial integrity of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement of persons and goods within the Palestinian territory, including the removal of restrictions on movement into and from East Jerusalem, and the freedom of movement to and from the outside world; A/RES/61/119 5 14. Also stresses the need for the full implementation by both parties of the Sharm El-Sheikh understandings and the Agreement on Movement and Access and the Agreed Principles for the Rafah Crossing; 15. Requests the Secretary-General to report to the General Assembly at its sixty-second session on the implementation of the present resolution.
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A/RES/61/125
Resolution adopted by the General Assembly on 14 December 2006 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/61/415)] 61/125. Question of Western Sahara The General Assembly, Having considered in depth the question of Western Sahara, Reaffirming the inalienable right of all peoples to self-determination and independence, in accordance with the principles set forth in the Charter of the United Nations and General Assembly resolution 1514 (XV) of 14 December 1960 containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, Recalling its resolution 60/114 of 8 December 2005, Recalling also all resolutions of the General Assembly and the Security Council on the question of Western Sahara, Recalling further Security Council resolutions 658 (1990) of 27 June 1990 and 690 (1991) of 29 April 1991, by which the Council approved the settlement plan for Western Sahara,1 Recalling Security Council resolutions 1359 (2001) of 29 June 2001 and 1429 (2002) of 30 July 2002, as well as 1495 (2003) of 31 July 2003, in which the Council expressed its support of the peace plan for self-determination of the people of Western Sahara 2 as an optimum political solution on the basis of agreement between the two parties, and resolutions 1541 (2004) of 29 April 2004, 1570 (2004) of 28 October 2004, 1598 (2005) of 28 April 2005, 1634 (2005) of 28 October 2005 and 1675 (2006) of 28 April 2006, Taking note of the responses of the parties and neighbouring States to the Personal Envoy of the Secretary-General concerning the peace plan contained in the report of the Secretary-General of 23 May 2003,3 Reaffirming the responsibility of the United Nations towards the people of Western Sahara, _______________ 1 See S/21360 and S/22464 and Corr.1. 2 S/2003/565 and Corr.1, annex II. 3 S/2003/565 and Corr.1. A/RES/61/125 2 Noting with satisfaction the entry into force of the ceasefire in accordance with the proposal made by the Secretary-General, and stressing the importance it attaches to the maintenance of the ceasefire as an integral part of the settlement plan, Underlining, in this regard, the validity of the settlement plan, while noting the fundamental differences between the parties in its implementation, Stressing that the lack of progress in the settlement of the dispute on Western Sahara continues to cause suffering to the people of Western Sahara, remains a source of potential instability in the region and obstructs the economic development of the Maghreb region and that, in view of this, the search for a political solution is critically needed, Welcoming the efforts of the Secretary-General and his Personal Envoy in search of a mutually acceptable political solution, which will provide for self- determination of the people of Western Sahara, Having examined the relevant chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,4 Having also examined the report of the Secretary-General,5 1. Takes note of the report of the Secretary-General;5 2. Underlines Security Council resolution 1495 (2003), in which the Council expressed its support of the peace plan for self-determination of the people of Western Sahara as an optimum political solution on the basis of agreement between the two parties; 3. Underlines also that the parties reacted differently to this plan; 4. Continues to support strongly the efforts of the Secretary-General and his Personal Envoy to achieve a mutually acceptable political solution to the dispute over Western Sahara; 5. Commends the Secretary-General and his Personal Envoy for their outstanding efforts and the two parties for the spirit of cooperation they have shown in the support they provide for those efforts; 6. Calls upon all the parties and the States of the region to cooperate fully with the Secretary-General and his Personal Envoy; 7. Reaffirms the responsibility of the United Nations towards the people of Western Sahara; 8. Calls upon the parties to cooperate with the International Committee of the Red Cross in its efforts to solve the problem of the fate of the people unaccounted for, and calls upon the parties to abide by their obligations under international humanitarian law to release without further delay all those held since the start of the conflict; 9. Requests the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial _______________ 4 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 23 (A/61/23), chap. VIII. 5 A/61/121. A/RES/61/125 3 Countries and Peoples to continue to consider the situation in Western Sahara and to report thereon to the General Assembly at its sixty-second session; 10. Invites the Secretary-General to submit to the General Assembly at its sixty-second session a report on the implementation of the present resolution.
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A/RES/61/149
Resolution adopted by the General Assembly on 19 December 2006 [on the report of the Third Committee (A/61/441)] 61/149. Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action The General Assembly, Recalling its resolution 60/144 of 16 December 2005, in which it reiterated its firm commitment to continue its global efforts towards the total elimination of the scourges of racism, racial discrimination, xenophobia and related intolerance, and towards the effective and comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September 2001,1 Recalling also its resolution 59/177 of 20 December 2004, in which it firmly consolidated the global drive for the total elimination of racism, racial discrimination, xenophobia and related intolerance and recognized the absolute necessity and the imperative nature of the political will for the achievement of the commitments undertaken in the Durban Declaration and Programme of Action, Recalling further its resolution 58/160 of 22 December 2003, in which it decided to place emphasis on the concrete implementation of the Durban Declaration and Programme of Action as a solid foundation for a broad-based consensus for further action and initiatives towards the total elimination of the scourge of racism, Recalling its resolution 57/195 of 18 December 2002, in which it outlined the important roles and responsibilities of the various organs of the United Nations and other stakeholders at the international, regional and national levels, including, in particular, the Commission on Human Rights, and its resolution 56/266 of 27 March 2002, in which it endorsed the Durban Declaration and Programme of Action as constituting a solid foundation for further action and initiatives towards the total elimination of the scourge of racism, _______________ 1 See A/CONF.189/12 and Corr.1, chap. I. A/RES/61/149 2 Reiterating that all human beings are born free and equal in dignity and rights and have the potential to contribute constructively to the development and well- being of their societies, and that any doctrine of racial superiority is scientifically false, morally condemnable, socially unjust and dangerous and must be rejected, together with theories that attempt to determine the existence of separate human races, Convinced that racism, racial discrimination, xenophobia and related intolerance manifest themselves in a differentiated manner for women and girls and may be among the factors leading to a deterioration in their living conditions, poverty, violence, multiple forms of discrimination and the limitation or denial of their human rights, and recognizing the need to integrate a gender perspective into relevant policies, strategies and programmes of action against racism, racial discrimination, xenophobia and related intolerance in order to address multiple forms of discrimination, Taking note of Human Rights Council resolution 1/5 of 30 June 2006,2 Taking note also of Commission on Human Rights resolutions 2002/68 of 25 April 2002,3 2003/30 of 23 April 2003,4 2004/88 of 22 April 20045 and 2005/64 of 20 April 2005,6 by which the international community put into effect mechanisms for the effective implementation of the Durban Declaration and Programme of Action, Underlining the primacy of political will, international cooperation and adequate funding at the national, regional and international levels for the successful implementation of the Durban Programme of Action, Alarmed at the increase in racist violence and xenophobic ideas in many parts of the world, in political circles, in the sphere of public opinion and in society at large, inter alia, as a result of the resurgent activities of associations established on the basis of racist and xenophobic platforms and charters, and the persistent use of those platforms and charters to promote or incite racist ideologies, Underlining the importance of urgently eliminating continuing and violent trends involving racism and racial discrimination, and conscious that any form of impunity for crimes motivated by racist and xenophobic attitudes plays a role in weakening the rule of law and democracy, tends to encourage the recurrence of such crimes and requires resolute action and cooperation for its eradication, Welcoming the determination of the United Nations High Commissioner for Human Rights to profile and increase the visibility of the struggle against racism, racial discrimination, xenophobia and related intolerance and her intention to make this a cross-cutting issue in the activities and programmes of her Office, _______________ 2 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. A. 3 See Official Records of the Economic and Social Council, 2002, Supplement No. 3 (E/2002/23), chap. II, sect. A. 4 Ibid., 2003, Supplement No. 3 (E/2003/23), chap. II, sect. A. 5 Ibid., 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 6 Ibid., 2005, Supplement No. 3 and corrigendum (E/2005/23 and Corr.1), chap. II, sect. A. A/RES/61/149 3 Taking note of the report of the Secretary-General,7 the interim report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance8 and Human Rights Council decision 1/102 of 30 June 2006,9 I Basic general principles 1. Acknowledges that no derogation from the prohibition of racial discrimination, genocide, the crime of apartheid or slavery is permitted, as defined in the obligations under the relevant human rights instruments; 2. Expresses its profound concern about and its unequivocal condemnation of all forms of racism and racial discrimination, including related acts of racially motivated violence, xenophobia and intolerance, as well as propaganda activities and organizations that attempt to justify or promote racism, racial discrimination, xenophobia and related intolerance in any form; 3. Expresses deep concern at recent attempts to establish hierarchies among emerging and resurgent forms of racism, racial discrimination, xenophobia and related intolerance, and urges States to adopt measures to address these scourges with the same emphasis and vigour with a view to preventing this practice and protecting victims; 4. Stresses that States and international organizations have a responsibility to ensure that measures taken in the struggle against terrorism do not discriminate in purpose or effect on grounds of race, colour, descent or national or ethnic origin, and urges all States to rescind or refrain from all forms of racial profiling; 5. Recognizes that States should implement and enforce appropriate and effective legislative, judicial, regulatory and administrative measures to prevent and protect against acts of racism, racial discrimination, xenophobia and related intolerance, thereby contributing to the prevention of human rights violations; 6. Also recognizes that racism, racial discrimination, xenophobia and related intolerance occur on the grounds of race, colour, descent or national or ethnic origin and that victims can suffer multiple or aggravated forms of discrimination based on other related grounds, such as sex, language, religion, political or other opinion, social origin, property, birth or other status; 7. Reaffirms that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law; 8. Emphasizes that it is the responsibility of States to adopt effective measures to combat criminal acts motivated by racism, racial discrimination, xenophobia and related intolerance, including measures to ensure that such motivations are considered an aggravating factor for the purposes of sentencing, to prevent those crimes from going unpunished and to ensure the rule of law; _______________ 7 A/61/337. 8 See A/61/335. 9 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. B. A/RES/61/149 4 9. Urges all States to review and, where necessary, revise their immigration laws, policies and practices so that they are free of racial discrimination and compatible with their obligations under international human rights instruments; 10. Condemns the misuse of print, audio-visual and electronic media and new communication technologies, including the Internet, to incite violence motivated by racial hatred, and calls upon States to take all necessary measures to combat this form of racism in accordance with the commitments that they have undertaken under the Durban Declaration and Programme of Action,1 in particular paragraph 147 of the Programme of Action, in accordance with existing international and regional standards of freedom of expression and taking all necessary measures to guarantee the right to freedom of opinion and expression; 11. Encourages all States to include in their educational curricula and social programmes at all levels, as appropriate, knowledge of and tolerance and respect for all cultures, civilizations, religions, peoples and countries; 12. Stresses the responsibility of States to mainstream a gender perspective in the design and development of prevention, education and protection measures aimed at the eradication of racism, racial discrimination, xenophobia and related intolerance at all levels, to ensure that they effectively target the distinct situations of women and men; II International Convention on the Elimination of All Forms of Racial Discrimination 13. Reaffirms that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination10 are of paramount importance for the fight against racism, racial discrimination, xenophobia and related intolerance, including contemporary forms of racism and racial discrimination, and for the promotion of equality and non-discrimination in the world; 14. Reiterates the call made by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, in paragraph 75 of the Durban Programme of Action,1 to achieve universal ratification of the Convention by 2005 and for all States to consider making the declaration envisaged under article 14 of the Convention, and endorses the grave concern expressed by the Commission on Human Rights in its resolution 2005/646 to the effect that, with one hundred and seventy-three ratifications and only forty-nine declarations, the deadline for universal ratification decided by the World Conference has, regrettably, not been realized; 15. Urges, in the above context, the Office of the United Nations High Commissioner for Human Rights to maintain and issue regular updates on its website of a list of countries that have not yet ratified the Convention and to encourage such countries to ratify it at the earliest; 16. Expresses its concern at the serious delays in the submission of overdue reports to the Committee on the Elimination of Racial Discrimination, which impedes the effectiveness of the Committee, makes a strong appeal to all States _______________ 10 United Nations, Treaty Series, vol. 660, No. 9464. A/RES/61/149 5 parties to the Convention to comply with their treaty obligations, and reaffirms the importance of the provision of technical assistance to the requesting countries in the preparation of their reports to the Committee; 17. Invites States parties to the Convention to ratify the amendment to article 8 of the Convention on the financing of the Committee, and calls for adequate additional resources from the regular budget of the United Nations to enable the Committee to discharge its mandate fully; 18. Urges all States parties to the Convention to intensify their efforts to implement the obligations that they have accepted under article 4 of the Convention, with due regard to the principles of the Universal Declaration of Human Rights11 and article 5 of the Convention; 19. Welcomes the work of the Committee in applying the Convention to the new and contemporary forms of racism and racial discrimination; 20. Recalls that the Committee holds that the prohibition of the dissemination of ideas based on racial superiority or racial hatred is compatible with the right to freedom of opinion and expression as outlined in article 19 of the Universal Declaration of Human Rights and in article 5 of the Convention; 21. Welcomes the emphasis placed by the Committee on the importance of follow-up to the World Conference and the measures recommended to strengthen the implementation of the Convention as well as the functioning of the Committee;12 III Comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action 22. Acknowledges that the outcome of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance is on an equal footing with the outcomes of all the major United Nations conferences, summits and special sessions in the human rights and social fields; 23. Also acknowledges that the World Conference, which was the third world conference against racism, was significantly different from the previous two conferences, as evidenced by the inclusion in its title of two important components relating to contemporary forms of racism, namely, xenophobia and related intolerance; 24. Emphasizes that the basic responsibility for effectively combating racism, racial discrimination, xenophobia and related intolerance lies with States, and to this end stresses that States have the primary responsibility to ensure full and effective implementation of all commitments and recommendations contained in the Durban Declaration and Programme of Action;1 25. Also emphasizes the fundamental and complementary role of national human rights institutions, regional bodies or centres and civil society, working jointly with States towards the achievement of the objectives of the Durban Declaration and Programme of Action; _______________ 11 Resolution 217 A (III). 12 See Official Records of the General Assembly, Fifty-seventh Session, Supplement No. 18 (A/57/18), chap. XI, sect. E. A/RES/61/149 6 26. Welcomes the steps taken by numerous Governments, in particular the elaboration and implementation of national action plans to combat racism, racial discrimination, xenophobia and related intolerance, and steps taken by national human rights institutions and non-governmental organizations, towards the full implementation of the Durban Declaration and Programme of Action, and affirms this trend as a demonstration of commitment for the elimination of all scourges of racism at the national level; 27. Calls upon all States that have not yet elaborated their national action plans on combating racism, racial discrimination, xenophobia and related intolerance to comply with their commitments undertaken at the World Conference; 28. Calls upon all States to formulate and implement without delay, at the national, regional and international levels, policies and plans of action to combat racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations; 29. Urges States to support the activities of existing regional bodies or centres that combat racism, racial discrimination, xenophobia and related intolerance in their respective regions, and recommends the establishment of such bodies in all regions where they do not exist; 30. Recognizes the fundamental role of civil society in the fight against racism, racial discrimination, xenophobia and related intolerance, in particular in assisting States to develop regulations and strategies, in taking measures and action against such forms of discrimination and through follow-up implementation; 31. Decides that the General Assembly, through its role in policy formulation, the Economic and Social Council, through its role in overall guidance and coordination, in accordance with their respective roles under the Charter of the United Nations and Assembly resolution 50/227 of 24 May 1996, and the Human Rights Council shall constitute a three-tiered intergovernmental process for the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action; 32. Stresses and reaffirms its role as the highest intergovernmental mechanism for the formulation and appraisal of policy on matters related to the economic, social and related fields, in accordance with Chapter IX of the Charter, including in the comprehensive implementation of and follow-up to the goals and targets set at all the major United Nations conferences, summits and special sessions; 33. Decides to convene in 2009 a review conference on the implementation of the Durban Declaration and Programme of Action to be conducted within the framework of the General Assembly, and, to this end, requests the Human Rights Council to undertake preparations for this event, making use of the three existing and ongoing follow-up mechanisms, and to formulate a concrete plan and provide updates and reports on this issue on an annual basis starting in 2007; 34. Reaffirms that the Human Rights Council shall have a central role in the monitoring of the implementation of the Durban Declaration and Programme of Action within the United Nations system and in advising the General Assembly thereon; 35. Expresses its appreciation for the continuing work in follow-up to the World Conference undertaken by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the A/RES/61/149 7 group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action and the Working Group of Experts on People of African Descent; 36. Welcomes the conclusions and recommendations agreed upon by the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action at its fourth session, 13 and welcomes in particular the identification and/or consideration of substantive and procedural gaps, as well as the request for the nomination of five highly qualified experts to further study the content and scope of those gaps, including but not limited to the areas identified in the conclusions of the Chair of the high-level seminar, and, in consultation with human rights treaty bodies, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and other relevant mandate-holders, to produce a base document that contains concrete recommendations on the means or avenues to bridge those gaps, including but not limited to the drafting of a new protocol to the International Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments, and for the Committee on the Elimination of Racial Discrimination to conduct further study on possible measures to strengthen the implementation of the Convention and its proposals regarding the assessment and evaluation of the implementation of existing international human rights instruments by States parties, and to this end encourages the Intergovernmental Working Group to continue its work related to the preparation of complementary international standards in accordance with the Durban Declaration and Programme of Action; 37. Acknowledges the centrality of resource mobilization, effective global partnership and international cooperation in the context of paragraphs 157 and 158 of the Durban Programme of Action for the successful realization of commitments undertaken at the World Conference, and to this end emphasizes the importance of the mandate of the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action, especially in mobilizing the necessary political will required for the successful implementation of the Declaration and Programme of Action; 38. Requests the Secretary-General to provide the necessary resources for the effective fulfilment of the mandates of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, the Working Group of Experts on People of African Descent and the group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action; 39. Expresses its concern at the increasing incidence of racism in various sporting events, while noting with appreciation the efforts made by some governing bodies of the various sporting codes to combat racism, and in this regard invites all international sporting bodies to promote, through their national, regional and international federations, a world of sport free from racism and racial discrimination; 40. Invites, in this context, the Fédération internationale de football association, in connection with the 2010 soccer World Cup tournament to be held in South Africa, to consider introducing a visible theme on non-racism in football, _______________ 13 E/CN.4/2006/18, sect. VI. A/RES/61/149 8 requests the Secretary-General to bring this invitation to the attention of the Fédération and to bring the issue of racism in sport to the attention of other relevant international sporting bodies, and, in this regard, appreciates the joint efforts of the Government of Germany, the Secretary-General and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance during the 2006 World Cup; IV Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and follow-up to his visits 41. Expresses its full support and appreciation for the work of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and encourages its continuation; 42. Reiterates its call to all Member States, intergovernmental organizations, relevant organizations of the United Nations system and non-governmental organizations to cooperate fully with the Special Rapporteur, and calls upon States to consider responding favourably to his requests for visits so as to enable him to fulfil his mandate fully and effectively; 43. Recognizes with deep concern the increase in anti-Semitism, Christianophobia and Islamophobia in various parts of the world, as well as the emergence of racial and violent movements based on racism and discriminatory ideas directed against Arab, Christian, Jewish and Muslim communities, as well as all religious communities, communities of people of African descent, communities of people of Asian descent, communities of indigenous people and other communities; 44. Encourages closer collaboration between the Special Rapporteur and the Office of the United Nations High Commissioner for Human Rights, in particular the Anti-Discrimination Unit; 45. Urges the United Nations High Commissioner for Human Rights to provide States, at their request, with advisory services and technical assistance to enable them to implement fully the recommendations of the Special Rapporteur; 46. Requests the Secretary-General to provide the Special Rapporteur with all the necessary human and financial assistance to carry out his mandate efficiently, effectively and expeditiously and to enable him to submit an interim report to the General Assembly at its sixty-second session; 47. Takes note of the recommendations contained in the interim report of the Special Rapporteur,8 and urges Member States and other relevant stakeholders to consider implementing those recommendations; 48. Requests the Special Rapporteur to continue giving particular attention to the negative impact of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of civil, cultural, economic, political and social rights by national or ethnic, religious and linguistic minorities, immigrant populations, asylum-seekers and refugees; 49. Invites Member States to demonstrate greater commitment to fighting racism in sport by conducting educational and awareness-raising activities and by strongly condemning the perpetrators of racist incidents, in cooperation with national and international sports organizations; A/RES/61/149 9 V General 50. Requests the Secretary-General to submit a report on the implementation of the present resolution to the General Assembly at its sixty-second session; 51. Decides to remain seized of this important matter at its sixty-second session under the item entitled “Elimination of racism and racial discrimination”.
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A/RES/61/163
Resolution adopted by the General Assembly on 19 December 2006 [on the report of the Third Committee (A/61/443/Add.2 and Corr.1)] 61/163. The right to food The General Assembly, Recalling all its previous resolutions on the issue of the right to food, in particular resolution 60/165 of 16 December 2005, as well as all resolutions of the Commission on Human Rights in this regard, Recalling also the Universal Declaration of Human Rights, 1 which provides that everyone has the right to a standard of living adequate for her or his health and well-being, including food, the Universal Declaration on the Eradication of Hunger and Malnutrition2 and the United Nations Millennium Declaration,3 Recalling further the provisions of the International Covenant on Economic, Social and Cultural Rights,4 in which the fundamental right of every person to be free from hunger is recognized, Bearing in mind the Rome Declaration on World Food Security and the World Food Summit Plan of Action5 and the Declaration of the World Food Summit: five years later, adopted in Rome on 13 June 2002,6 Reaffirming the concrete recommendations contained in the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, adopted by the Council of the Food and Agriculture Organization of the United Nations in November 2004,7 _______________ 1 Resolution 217 A (III). 2 Report of the World Food Conference, Rome, 5–16 November 1974 (United Nations publication, Sales No. E.75.II.A.3), chap. I. 3 See resolution 55/2. 4 See resolution 2200 A (XXI), annex. 5 Food and Agriculture Organization of the United Nations, Report of the World Food Summit, 13–17 November 1996 (WFS 96/REP), part one, appendix. 6 Food and Agriculture Organization of the United Nations, Report of the World Food Summit: five years later, 10–13 June 2002, part one, appendix; see also A/57/499, annex. 7 Food and Agriculture Organization of the United Nations, Report of the Council of the Food and Agriculture Organization of the United Nations, One Hundred and Twenty-seventh Session, Rome, 22–27 November 2004 (CL 127/REP), appendix D; see also E/CN.4/2005/131, annex. A/RES/61/163 2 Reaffirming also that all human rights are universal, indivisible, interdependent and interrelated, Reaffirming further that a peaceful, stable and enabling political, social and economic environment, at both the national and the international levels, is the essential foundation that will enable States to give adequate priority to food security and poverty eradication, Reiterating, as in the Rome Declaration on World Food Security and the Declaration of the World Food Summit: five years later, that food should not be used as an instrument of political or economic pressure, and reaffirming in this regard the importance of international cooperation and solidarity, as well as the necessity of refraining from unilateral measures that are not in accordance with international law and the Charter of the United Nations and that endanger food security, Convinced that each State must adopt a strategy consistent with its resources and capacities to achieve its individual goals in implementing the recommendations contained in the Rome Declaration on World Food Security and the World Food Summit Plan of Action and, at the same time, cooperate regionally and internationally in order to organize collective solutions to global issues of food security in a world of increasingly interlinked institutions, societies and economies where coordinated efforts and shared responsibilities are essential, Recognizing that the problems of hunger and food insecurity have global dimensions and that they are likely to persist and even to increase dramatically in some regions unless urgent, determined and concerted action is taken, given the anticipated increase in the world’s population and the stress on natural resources, Noting that the global environment continues to suffer degradation, causing a negative impact on the realization of the right to food, in particular in developing countries, Expressing its deep concern at the number and scale of natural disasters, diseases and pests and their increasing impact in recent years, which have resulted in massive loss of life and livelihood and threatened agricultural production and food security, in particular in developing countries, Stressing the importance of reversing the continuing decline of official development assistance devoted to agriculture, both in real terms and as a share of total official development assistance, 1. Reaffirms that hunger constitutes an outrage and a violation of human dignity and therefore requires the adoption of urgent measures at the national, regional and international levels for its elimination; 2. Also reaffirms the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger, so as to be able to fully develop and maintain their physical and mental capacities; 3. Considers it intolerable that every five seconds a child under the age of 5 dies from hunger or hunger-related diseases somewhere in the world, that there are about 854 million undernourished people in the world and that, while the prevalence of hunger has diminished, the absolute number of undernourished people has been increasing in recent years when, according to the Food and Agriculture Organization of the United Nations, the planet could produce enough food to feed 12 billion people, twice the world’s present population; A/RES/61/163 3 4. Expresses its concern that women and girls are disproportionately affected by hunger, food insecurity and poverty, in part as a result of gender inequality and discrimination, that in many countries, girls are twice as likely as boys to die from malnutrition and preventable childhood diseases, and that it is estimated that almost twice as many women as men suffer from malnutrition; 5. Encourages all States to take action to address gender inequality and discrimination against women, in particular where it contributes to the malnutrition of women and girls, including measures to ensure the full and equal realization of the right to food and ensuring that women have equal access to resources, including income, land and water, to enable them to feed themselves and their families; 6. Encourages the Special Rapporteur of the Human Rights Council on the right to food to continue mainstreaming a gender perspective in the fulfilment of his mandate, and encourages the Food and Agriculture Organization of the United Nations and all other United Nations bodies and mechanisms addressing the right to food and food insecurity to integrate a gender perspective into their relevant policies, programmes and activities; 7. Encourages all States to take steps with a view to achieving progressively the full realization of the right to food, including steps to promote the conditions for everyone to be free from hunger and, as soon as possible, to enjoy fully the right to food, and to create and adopt national plans to combat hunger; 8. Stresses that improving access to productive resources and public investment in rural development is essential for eradicating hunger and poverty, in particular in developing countries, including through the promotion of investments in appropriate, small-scale irrigation and water management technologies in order to reduce vulnerability to droughts; 9. Stresses also the importance of fighting hunger in rural areas, including through national efforts supported by international partnerships to stop desertification and land degradation and through investments and public policies that are specifically appropriate to the risk of drylands, and, in this regard, calls for the full implementation of the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa;8 10. Acknowledges that many indigenous organizations and representatives of indigenous communities have expressed in different forums their deep concerns over the obstacles and challenges they face for the full enjoyment of the right to food, and calls upon States to take special actions to combat the root causes of the disproportionately high level of hunger and malnutrition among indigenous peoples and the continuous discrimination against them; 11. Requests all States and private actors, as well as international organizations within their respective mandates, to take fully into account the need to promote the effective realization of the right to food for all, including in the ongoing negotiations in different fields; 12. Stresses the need to make efforts to mobilize and optimize the allocation and utilization of technical and financial resources from all sources, including external debt relief for developing countries, and to reinforce national actions to implement sustainable food security policies; _______________ 8 United Nations, Treaty Series, vol. 1954, No. 33480. A/RES/61/163 4 13. Recognizes the need for a successful conclusion of the Doha Development Round negotiations of the World Trade Organization as a contribution for creating international conditions that permit the realization of the right to food; 14. Recalls the importance of the New York Declaration on Action against Hunger and Poverty, and recommends the continuation of efforts aimed at identifying additional sources of financing for the fight against hunger and poverty; 15. Recognizes that the promises made at the World Food Summit in 1996 to halve the number of persons who are undernourished are not being fulfilled, and invites once again all international financial and development institutions, as well as the relevant United Nations agencies and funds, to give priority to and provide the necessary funding to realize the aim of halving by 2015 the proportion of people who suffer from hunger, as well as the right to food as set out in the Rome Declaration on World Food Security5 and the United Nations Millennium Declaration;3 16. Reaffirms that integrating food and nutritional support, with the goal that all people at all times will have access to sufficient, safe and nutritious food to meet their dietary needs and food preferences for an active and healthy life, is part of a comprehensive response to the spread of HIV/AIDS, tuberculosis, malaria and other communicable diseases; 17. Urges States to give adequate priority in their development strategies and expenditures to the realization of the right to food; 18. Stresses the importance of international development cooperation and assistance, in particular in activities related to disaster risk reduction and in emergency situations such as natural and man-made disasters, diseases and pests, for the realization of the right to food and the achievement of sustainable food security, while recognizing that each country has the primary responsibility for ensuring the implementation of national programmes and strategies in this regard; 19. Calls upon Member States, the United Nations system and other relevant stakeholders to support national efforts aimed at responding rapidly to the food crises currently occurring across Africa; 20. Invites all relevant international organizations, including the World Bank and the International Monetary Fund, to promote policies and projects that have a positive impact on the right to food, to ensure that partners respect the right to food in the implementation of common projects, to support strategies of Member States aimed at the fulfilment of the right to food and to avoid any actions that could have a negative impact on the realization of the right to food; 21. Takes note of the interim report of the Special Rapporteur on the right to food,9 and also takes note of his valuable work in the promotion of the right to food; 22. Supports the realization of the mandate of the Special Rapporteur as extended by the Human Rights Council in its decision 1/102 of 30 June 2006;10 23. Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide all the necessary human and financial resources for the effective fulfilment of the mandate of the Special Rapporteur; _______________ 9 See A/61/306. 10 See Official Records of the General Assembly, Sixty-first Session, Supplement No. 53 (A/61/53), part one, chap. II, sect. B. A/RES/61/163 5 24. Welcomes the work already done by the Committee on Economic, Social and Cultural Rights in promoting the right to adequate food, in particular its General Comment No. 12 (1999) on the right to adequate food (article 11 of the International Covenant on Economic, Social and Cultural Rights), 11 in which the Committee affirmed, inter alia, that the right to adequate food is indivisibly linked to the inherent dignity of the human person and is indispensable for the fulfilment of other human rights enshrined in the International Bill of Human Rights, and is also inseparable from social justice, requiring the adoption of appropriate economic, environmental and social policies, at both the national and the international levels, oriented to the eradication of poverty and the fulfilment of all human rights for all; 25. Recalls General Comment No. 15 (2002) of the Committee on the right to water (articles 11 and 12 of the Covenant),12 in which the Committee noted, inter alia, the importance of ensuring sustainable water resources for human consumption and agriculture in realization of the right to adequate food; 26. Reaffirms that the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, adopted by the Council of the Food and Agriculture Organization of the United Nations in November 2004,7 represent a practical tool to promote the realization of the right to food for all, contribute to the achievement of food security and thus provide an additional instrument in the attainment of internationally agreed development goals, including those contained in the Millennium Declaration; 27. Welcomes the continued cooperation of the High Commissioner, the Committee and the Special Rapporteur, and encourages them to continue their cooperation in this regard; 28. Calls upon all Governments to cooperate with and assist the Special Rapporteur in his task, to supply all necessary information requested by him and to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries to enable him to fulfil his mandate more effectively; 29. Requests the Special Rapporteur to submit an interim report to the General Assembly at its sixty-second session on the implementation of the present resolution; 30. Invites Governments, relevant United Nations agencies, funds and programmes, treaty bodies and civil society actors, including non-governmental organizations, as well as the private sector, to cooperate fully with the Special Rapporteur in the fulfilment of his mandate, inter alia, through the submission of comments and suggestions on ways and means of realizing the right to food; 31. Decides to continue the consideration of the question at its sixty-second session under the item entitled “Promotion and protection of human rights”. 81st plenary meeting 19 December 2006 _______________ 11 See Official Records of the Economic and Social Council, 2000, Supplement No. 2 and corrigendum (E/2000/22 and Corr.1), annex V. 12 Ibid., 2003, Supplement No. 2 (E/2003/22), annex IV.
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A/RES/61/176
Resolution adopted by the General Assembly on 19 December 2006 [on the report of the Third Committee (A/61/443/Add.3)] 61/176. Situation of human rights in the Islamic Republic of Iran The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 1 the International Covenants on Human Rights 2 and other international human rights instruments, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the various international instruments in this field, Mindful that the Islamic Republic of Iran is a party to the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights,2 the International Convention on the Elimination of All Forms of Racial Discrimination3 and the Convention on the Rights of the Child,4 Recalling its previous resolutions on the subject, the most recent of which is resolution 60/171 of 16 December 2005, and recalling also Commission on Human Rights resolution 2001/17 of 20 April 2001,5 Noting the submission by the Islamic Republic of Iran of voluntary pledges and commitments on human rights in accordance with General Assembly resolution 60/251 of 15 March 2006,6 Noting also the statements made by the Government of the Islamic Republic of Iran on strengthening respect for human rights in the country and promoting the rule of law, and noting further the relevant provisions of its Constitution, _______________ 1 Resolution 217 A (III). 2 Resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 660, No. 9464. 4 Ibid., vol. 1577, No. 27531. 5 See Official Records of the Economic and Social Council, 2001, Supplement No. 3 (E/2001/23), chap. II, sect. A. 6 A/60/770/Add.1, annex. A/RES/61/176 2 1. Welcomes: (a) The standing invitation extended by the Government of the Islamic Republic of Iran to all human rights thematic monitoring mechanisms in April 2002 and the cooperation extended to the special procedures during their visits, while regretting that no special procedure has been able to visit the Islamic Republic of Iran since July 2005 and expressing its hope that special procedures of the Human Rights Council will be able to visit in the near future; (b) The report of the Special Rapporteur on violence against women, its causes and consequences on her visit to the Islamic Republic of Iran from 29 January to 6 February 2005;7 (c) The report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living on his visit to the Islamic Republic of Iran from 19 to 31 July 2005;8 (d) The statement by the head of the judiciary of the Islamic Republic of Iran in October 2006 in which he expressed his hope that judges will choose alternative punishments for minors instead of long jail terms for some offences; (e) The announcement by the head of the judiciary in April 2004 of the ban on torture and the subsequent passage of related legislation by the parliament, which was approved by the Guardian Council in May 2004; (f) The human rights dialogues between the Islamic Republic of Iran and a number of countries, while urging the Islamic Republic of Iran to intensify those dialogues and ensure that they are held regularly; (g) The release of some prisoners held without due process of law; (h) The cooperation with United Nations agencies in developing programmes in the fields of human rights, good governance and the rule of law; 2. Expresses its serious concern at: (a) The continuing harassment, intimidation and persecution of human rights defenders, non-governmental organizations, political opponents, religious dissenters, political reformists, journalists, parliamentarians, students, clerics, academics, webloggers, union members and labour organizers, including through undue restrictions on the freedoms of assembly, conscience, opinion and expression, the threat and use of arbitrary arrest and prolonged detention, targeted at both individuals and their family members, the ongoing unjustified closure of newspapers and blocking of Internet sites and restrictions on the activities of unions and other non-governmental organizations, as well as the absence of many conditions necessary for free and fair elections; (b) The persistent failure to comply fully with international standards in the administration of justice and, in particular, the absence of due process of law, the refusal to provide fair and public hearings, the denial of the right to counsel and access to counsel by those detained, the use of national security laws to deny human rights, the prevalent atmosphere of impunity for officials who commit human rights abuses, the harassment, intimidation and persecution of defence lawyers and legal defenders, the adulteration of judicial files, the lack of respect for internationally _______________ 7 E/CN.4/2006/61/Add.3. 8 E/CN.4/2006/41/Add.2. A/RES/61/176 3 recognized safeguards, inter alia, with respect to persons belonging to religious, ethnic or national minorities, officially recognized or otherwise, the application of arbitrary prison sentences and the violation of the rights of detainees, including the systematic and arbitrary use of prolonged solitary confinement, the failure to provide proper medical care to those imprisoned, the arbitrary denial of contact between detainees and their family members, and the death of detainees in unclear circumstances or resulting from general mistreatment while in custody; (c) The continuing use of torture and cruel, inhuman or degrading treatment or punishment such as flogging and amputations; (d) The continuing of public executions, including multiple public executions, and, on a large scale, of other executions, in the absence of respect for internationally recognized safeguards, and the issuing of sentences of stoning; and, in particular, deplores the execution of persons who were under the age of 18 at the time their offence was committed, contrary to the obligations of the Islamic Republic of Iran under article 37 of the Convention on the Rights of the Child4 and article 6 of the International Covenant on Civil and Political Rights2 and in spite of the announcement of a moratorium on juvenile executions; (e) The continuing violence and discrimination against women and girls in law and in practice, the refusal of the Guardian Council to take steps to address this systemic discrimination and recent arrests of and violent crackdowns on women exercising their right of assembly; (f) The increasing discrimination and other human rights violations against persons belonging to ethnic and religious minorities, recognized or otherwise, including Arabs, Azeris, Baluchis, Kurds, Christians, Jews, Sufis and Sunni Muslims; the escalation and increased frequency of discrimination and other human rights violations against members of the Baha’i faith, including reports of plans by the State to identify and monitor Baha’is, as noted by the Special Rapporteur on freedom of religion or belief; an increase in cases of arbitrary arrest and detention; the denial of freedom of religion or of publicly carrying out communal affairs; the disregard for property rights, including through de facto expropriation, as noted in the report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living; the destruction of sites of religious importance; the suspension of social, educational and community-related activities and the denial of access to higher education, employment, pensions, adequate housing and other benefits; and recent violent crackdowns on Arabs, Azeris, Baha’is, Kurds and Sufis; 3. Calls upon the Government of the Islamic Republic of Iran: (a) To ensure full respect for the rights to freedom of assembly, opinion and expression and for the right to take part in the conduct of public affairs, in accordance with its obligations under the International Covenant on Civil and Political Rights, and, in particular, to end the harassment, intimidation and persecution of political opponents and human rights defenders, including by releasing persons imprisoned arbitrarily or on the basis of their political views; and to increase actions to promote and facilitate human rights education at all levels and to ensure that all those responsible for training lawyers, law enforcement officers, the personnel of the armed forces and public officials include appropriate elements of human rights teaching in their training programme; A/RES/61/176 4 (b) To ensure full respect for the right to due process of law, including the right to counsel and access to counsel by those detained, in criminal justice proceedings and, in particular, to ensure a fair and public hearing by a competent, independent and impartial tribunal established by law, to end harassment, intimidation and persecution of defence lawyers and legal defenders and to ensure equality before the law and the equal protection of the law without any discrimination in all instances, including for members of religious, ethnic, linguistic or other minority groups, officially recognized or otherwise; (c) To eliminate, in law and in practice, the use of torture and other cruel, inhuman or degrading treatment or punishment, such as amputations and flogging and, as previously proposed by the elected Iranian parliament, to accede to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 9 and to end impunity for violations of human rights that constitute crimes by bringing the perpetrators to justice in accordance with international standards, noting in this regard, inter alia, the updated set of principles for the protection and promotion of human rights through action to combat impunity;10 (d) To abolish, in law and in practice, public executions and other executions carried out in the absence of respect for internationally recognized safeguards, in particular, as called for by the Committee on the Rights of the Child in its report of January 2005,11 executions of persons who at the time of their offence were under the age of 18, and to uphold the moratoriums on juvenile executions and executions by stoning and to introduce these moratoriums as law in order to completely abolish this punishment; (e) To eliminate, in law and in practice, all forms of discrimination and violence against women and girls and, as previously proposed by the elected Iranian parliament, to accede to the Convention on the Elimination of All Forms of Discrimination against Women;12 (f) To eliminate, in law and in practice, all forms of discrimination based on religious, ethnic or linguistic grounds and other human rights violations against persons belonging to minorities, including Arabs, Azeris, Baha’is, Baluchis, Kurds, Christians, Jews, Sufis and Sunni Muslims, to refrain from monitoring individuals on the basis of their religious beliefs, to ensure that minorities’ access to education is on a par with that of all Iranians and to address these matters in an open manner, with the full participation of the minorities themselves, to otherwise ensure full respect for the right to freedom of thought, conscience, religion or belief of all persons, and to implement the 1996 report of the Special Rapporteur on religious intolerance,13 which recommended ways in which the Islamic Republic of Iran could emancipate the Baha’i community; 4. Encourages the thematic procedures of the Human Rights Council, inter alia, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on the independence of judges and lawyers, the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on the _______________ 9 United Nations, Treaty Series, vol. 1465, No. 24841. 10 See E/CN.4/2005/102 and Add.1. 11 See CRC/C/146. 12 United Nations, Treaty Series, vol. 1249, No. 20378. 13 See E/CN.4/1996/95/Add.2. A/RES/61/176 5 promotion and protection of the right to freedom of opinion and expression, the Special Representative of the Secretary-General on the situation of human rights defenders, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances, to visit or otherwise continue their work to improve the situation of human rights in the Islamic Republic of Iran, and urges the Government of the Islamic Republic of Iran to live up to the commitment it made when it issued a standing invitation to special procedures by cooperating with them, and to illustrate how their subsequent recommendations have been addressed, including the recommendations of special procedures that have previously visited the country; 5. Decides to continue its examination of the situation of human rights in the Islamic Republic of Iran at its sixty-second session under the item entitled “Promotion and protection of human rights”.
AFGHANISTAN
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A/RES/61/222
Resolution adopted by the General Assembly on 20 December 2006 [without reference to a Main Committee (A/61/L.30 and Add.1)] 61/222. Oceans and the law of the sea The General Assembly, Recalling its resolutions 49/28 of 6 December 1994, 52/26 of 26 November 1997, 54/33 of 24 November 1999, 57/141 of 12 December 2002, 58/240 of 23 December 2003, 59/24 of 17 November 2004, 60/30 of 29 November 2005 and other relevant resolutions concerning the United Nations Convention on the Law of the Sea (“the Convention”),1 Having considered the report of the Secretary-General, 2 the addendum thereto,3 the report of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction4 and also the reports on the work of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (“the Consultative Process”) at its seventh meeting 5 and on the sixteenth Meeting of States Parties to the Convention,6 Emphasizing the pre-eminent contribution provided by the Convention to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and to the promotion of the economic and social advancement of all peoples of the world, in accordance with the purposes and principles of the United Nations as set forth in the Charter of the United Nations, as well as for the sustainable development of the oceans and seas, Emphasizing also the universal and unified character of the Convention, and reaffirming that the Convention sets out the legal framework within which all activities in the oceans and seas must be carried out and is of strategic importance as the basis for national, regional and global action and cooperation in the marine sector, and that its integrity needs to be maintained, as recognized also by the _______________ 1 United Nations, Treaty Series, vol. 1833, No. 31363. 2 A/61/63. 3 A/61/63/Add.1. 4 A/61/65. 5 A/61/156. 6 SPLOS/148. A/RES/61/222 2 United Nations Conference on Environment and Development in chapter 17 of Agenda 21,7 Recognizing the important contribution of sustainable development and management of the resources and uses of the oceans and seas to the achievement of international development goals, including those contained in the United Nations Millennium Declaration,8 Conscious that the problems of ocean space are closely interrelated and need to be considered as a whole through an integrated, interdisciplinary and intersectoral approach, and reaffirming the need to improve cooperation and coordination at the national, regional and global levels, in accordance with the Convention, to support and supplement the efforts of each State in promoting the implementation and observance of the Convention, and the integrated management and sustainable development of the oceans and seas, Reiterating the essential need for cooperation, including through capacity- building and transfer of marine technology, to ensure that all States, especially developing countries, in particular the least developed countries and small island developing States, as well as coastal African States, are able both to implement the Convention and to benefit from the sustainable development of the oceans and seas, as well as to participate fully in global and regional forums and processes dealing with oceans and law of the sea issues, Emphasizing the need to strengthen the ability of competent international organizations to contribute, at the global, regional, subregional and bilateral levels, through cooperation programmes with Governments, to the development of national capacity in marine science and the sustainable management of the oceans and their resources, Recalling that marine science is important for eradicating poverty, contributing to food security, conserving the world’s marine environment and resources, helping to understand, predict and respond to natural events and promoting the sustainable development of the oceans and seas, by improving knowledge, through sustained research efforts and the evaluation of monitoring results, and applying such knowledge to management and decision-making, Recalling also its decision, in resolutions 57/141 and 58/240, to establish a regular process under the United Nations for global reporting and assessment of the state of the marine environment, including socio-economic aspects, both current and foreseeable, building on existing regional assessments, as recommended by the World Summit on Sustainable Development,9 and noting the need for cooperation among all States to this end, Reiterating its concern at the adverse impacts on the marine environment and biodiversity, in particular on vulnerable marine ecosystems, including corals, of human activities, such as overutilization of living marine resources, the use of destructive practices, physical impacts by ships, the introduction of alien invasive species and marine pollution from all sources, including from land-based sources and vessels, in particular through the illegal discharge of oil and other harmful _______________ 7 Report of the United Nations Conference on Environment and Development, Rio de Janeiro, 3–14 June 1992, vol. I, Resolutions Adopted by the Conference (United Nations publication, Sales No. E.93.I.8 and corrigendum), resolution 1, annex II. 8 See resolution 55/2. 9 See Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap. I, resolution 2, annex. A/RES/61/222 3 substances, the loss or release of fishing gear and the dumping of hazardous waste such as radioactive materials, nuclear waste and dangerous chemicals, Expressing its concern over the projected adverse effects of anthropogenic and natural climate change and ocean acidification on the marine environment and marine biodiversity, Recognizing that there is a need for a more integrated approach and to further study and promote measures for enhanced cooperation and coordination relating to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, Recognizing also that the realization of the benefits of the Convention could be enhanced by international cooperation, technical assistance and advanced scientific knowledge, as well as by funding and capacity-building, Recognizing further that hydrographic surveys and nautical charting are critical to the safety of navigation and life at sea, environmental protection, including the protection of vulnerable marine ecosystems, and the economics of the global shipping industry, and recognizing in this regard that the move towards electronic charting not only provides significantly increased benefits for safe navigation and management of ship movement, but also provides data and information that can be used for sustainable fisheries activities and other sectoral uses of the marine environment, the delimitation of maritime boundaries and environmental protection, Noting with concern the continuing problem of transnational organized crime and threats to maritime safety and security, including piracy, armed robbery at sea, smuggling and terrorist acts against shipping, offshore installations and other maritime interests, and noting the deplorable loss of life and adverse impact on international trade, energy security and the global economy resulting from such activities, Reaffirming the importance of the work of the Commission on the Limits of the Continental Shelf (“the Commission”) for coastal States and the international community as a whole, Noting the important role of the Commission in assisting States parties in the implementation of Part VI of the Convention, through the examination of information submitted by coastal States regarding the outer limits of the continental shelf beyond 200 nautical miles, Recognizing the importance and the contribution of the work over the past seven years of the Consultative Process established by resolution 54/33 to facilitate the annual review of developments in ocean affairs by the General Assembly and extended by resolutions 57/141 and 60/30, Noting the responsibilities of the Secretary-General under the Convention and related resolutions of the General Assembly, in particular resolutions 49/28, 52/26 and 54/33, and in this context the increase in activities of the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the Secretariat (“the Division”), in particular in view of the growing number of requests to the Division for additional outputs and servicing of meetings, the increasing capacity-building activities and assistance to the Commission, and the role of the Division in inter- agency coordination and cooperation, Emphasizing that underwater archaeological, cultural and historical heritage, including shipwrecks and watercrafts, holds essential information on the history of A/RES/61/222 4 humankind and that such heritage is a resource that needs to be protected and preserved, Reaffirming the importance of the work of the International Seabed Authority (“the Authority”) in accordance with the Convention and the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (“the Agreement”),10 I Implementation of the Convention and related agreements and instruments 1. Reaffirms its resolutions 49/28, 52/26, 54/33, 57/141, 58/240, 59/24, 60/30 and other relevant resolutions concerning the Convention;1 2. Also reaffirms the unified character of the Convention and the vital importance of preserving its integrity; 3. Calls upon all States that have not done so, in order to achieve the goal of universal participation, to become parties to the Convention and the Agreement;10 4. Calls upon all States that have not done so, in order to achieve the goal of universal participation, to become parties to the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (“the Fish Stocks Agreement”);11 5. Calls upon States to harmonize, as a matter of priority, their national legislation with the provisions of the Convention and, where applicable, relevant agreements and instruments, to ensure the consistent application of those provisions and to ensure also that any declarations or statements that they have made or make when signing, ratifying or acceding to the Convention do not purport to exclude or to modify the legal effect of the provisions of the Convention in their application to the State concerned and to withdraw any such declarations or statements; 6. Calls upon States parties to the Convention to deposit with the Secretary- General charts or lists of geographical coordinates, as provided for in the Convention; 7. Urges all States to cooperate, directly or through competent international bodies, in taking measures to protect and preserve objects of an archaeological and historical nature found at sea, in conformity with the Convention, and calls upon States to work together on such diverse challenges and opportunities as the appropriate relationship between salvage law and scientific management and conservation of underwater cultural heritage, increasing technological abilities to discover and reach underwater sites, looting and growing underwater tourism; 8. Notes the effort made by the United Nations Educational, Scientific and Cultural Organization with respect to the preservation of underwater cultural heritage, and notes in particular the rules annexed to the 2001 Convention on the _______________ 10 United Nations, Treaty Series, vol. 1836, No. 31364. 11 Ibid., vol. 2167, No. 37924. A/RES/61/222 5 Protection of the Underwater Cultural Heritage 12 that address the relationship between salvage law and scientific principles of management, conservation and protection of underwater cultural heritage among parties, their nationals and vessels flying their flag; II Capacity-building 9. Calls upon donor agencies and international financial institutions to keep their programmes systematically under review to ensure the availability in all States, particularly in developing States, of the economic, legal, navigational, scientific and technical skills necessary for the full implementation of the Convention and the objectives of the present resolution, as well as the sustainable development of the oceans and seas nationally, regionally and globally, and in so doing to bear in mind the interests and needs of landlocked developing States; 10. Encourages intensified efforts to build capacity for developing countries, in particular for the least developed countries and small island developing States, as well as coastal African States, to improve hydrographic services and the production of nautical charts, including electronic charts, as well as the mobilization of resources and building of capacity with support from international financial institutions and the donor community; 11. Calls upon States and international financial institutions, including through bilateral, regional and global cooperation programmes and technical partnerships, to continue to strengthen capacity-building activities, in particular in developing countries, in the field of marine scientific research by, inter alia, training personnel to develop and enhance relevant expertise, providing the necessary equipment, facilities and vessels and transferring environmentally sound technologies; 12. Recognizes the need to build the capacity of developing States to raise awareness of, and support implementation of, improved waste management practices, noting the particular vulnerability of small island developing States to the impact of marine pollution from land-based sources and marine debris; 13. Also recognizes the importance of assisting developing States, in particular the least developed countries and small island developing States, as well as coastal African States, in implementing the Convention, and urges States, intergovernmental organizations and agencies, national institutions, non- governmental organizations and international financial institutions, as well as natural and juridical persons, to make voluntary financial or other contributions to the trust funds, as referred to in resolution 57/141, established for this purpose; 14. Encourages States to use the Criteria and Guidelines on the Transfer of Marine Technology, adopted by the Assembly of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, 13 and recalls the important role of the secretariat of the _______________ 12 United Nations Educational, Scientific and Cultural Organization, Records of the General Conference, Thirty-first Session, Paris, 15 October–3 November 2001, vol. 1 and corrigendum: Resolutions, resolution 24, annex. 13 See Intergovernmental Oceanographic Commission, document IOC/INF-1203. A/RES/61/222 6 International Oceanographic Commission in the implementation and promotion of those Criteria and Guidelines; 15. Also encourages States to assist developing States, and especially the least developed countries and small island developing States, as well as coastal African States, at the bilateral and, where appropriate, multilateral level, in the preparation of submissions to the Commission regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles, including the assessment of the nature and extent of the continental shelf of a coastal State through a desktop study, and the delineation of the outer limits of its continental shelf; 16. Notes with appreciation the successful conduct by the Division of regional training courses, most recently in Accra from 5 to 9 December 2005 and in Buenos Aires from 8 to 12 May 2006, the purpose of which was to train technical staff of coastal developing States in the delineation of the outer limits of the continental shelf beyond 200 nautical miles and in the preparation of submissions to the Commission, and requests the Secretary-General, in cooperation with States and relevant international organizations and institutions, to continue making such training courses available; 17. Also notes with appreciation the first regional workshop of the International Tribunal for the Law of the Sea (“the Tribunal”), held in Dakar from 31 October to 2 November 2006 on the role of the Tribunal in the settlement of disputes relating to the law of the sea in West Africa; 18. Invites Member States and others in a position to do so to support the capacity-building activities of the Division, including, in particular, the training activities to assist developing States in the preparation of their submissions to the Commission, and invites Member States and others in a position to do so to contribute to the trust fund established by the Secretary-General for the Office of Legal Affairs of the Secretariat to support the promotion of international law; 19. Recognizes the importance of the Hamilton Shirley Amerasinghe Memorial Fellowship on the Law of the Sea, advises the Secretary-General to continue to finance the Fellowship from resources made available through an appropriate Office of Legal Affairs trust fund, and urges Member States and others in a position to do so to contribute to the further development of the Fellowship; 20. Takes note with satisfaction of the ongoing implementation of the United Nations and the Nippon Foundation Fellowship Programme, focusing on human resources development for developing coastal States parties and non-parties to the Convention in the field of ocean affairs and the law of the sea or related disciplines; III Meeting of States Parties 21. Welcomes the report of the sixteenth Meeting of States Parties to the Convention;6 22. Requests the Secretary-General to convene the seventeenth Meeting of States Parties to the Convention in New York on 14 and from 18 to 22 June 2007, bearing in mind that the current term of office of the members of the Commission expires on 15 June 2007, and to provide the services required; A/RES/61/222 7 23. Calls upon States parties to transmit to the Secretariat the credentials of representatives attending the Meeting as far in advance as is practicable, and no later than 13 June 2007; IV Peaceful settlement of disputes 24. Notes with satisfaction the continued and significant contribution of the Tribunal to the settlement of disputes by peaceful means in accordance with Part XV of the Convention, and underlines the important role and authority of the Tribunal concerning the interpretation or application of the Convention and the Agreement; 25. Equally pays tribute to the important and long-standing role of the International Court of Justice with regard to the peaceful settlement of disputes concerning the law of the sea; 26. Notes that States parties to an international agreement related to the purposes of the Convention may submit to, inter alia, the Tribunal or the International Court of Justice any dispute concerning the interpretation or application of that agreement submitted in accordance with that agreement, and notes also the possibility, provided for in the statutes of the Tribunal and the Court, to submit disputes to a chamber; 27. Encourages States parties to the Convention that have not yet done so to consider making a written declaration choosing from the means set out in article 287 of the Convention for the settlement of disputes concerning the interpretation or application of the Convention and the Agreement, bearing in mind the comprehensive character of the dispute settlement mechanism provided for in Part XV of the Convention; V The Area 28. Notes the progress of the discussions on issues relating to the regulations for prospecting and exploration for polymetallic sulphides and cobalt-rich ferromanganese crusts in the Area, and reiterates the importance of the ongoing elaboration by the Authority, pursuant to article 145 of the Convention, of rules, regulations and procedures to ensure the effective protection of the marine environment, the protection and conservation of the natural resources of the Area and the prevention of damage to its flora and fauna from harmful effects that may arise from activities in the Area; 29. Takes note with satisfaction of the contract signed on 19 July 2006 between Germany and the Authority regarding the exploration of polymetallic nodules in an area in the Pacific Ocean; 30. Notes the importance of the responsibilities entrusted to the Authority by articles 143 and 145 of the Convention, which refer to marine scientific research and protection of the marine environment respectively; A/RES/61/222 8 VI Effective functioning of the Authority and the Tribunal 31. Appeals to all States parties to the Convention to pay their assessed contributions to the Authority and to the Tribunal in full and on time, and also appeals to States parties in arrears with their contributions to fulfil their obligations without delay; 32. Urges all States parties to the Convention to attend the sessions of the Authority, and calls upon the Authority to continue to pursue all options, including the issue of dates, in order to improve attendance in Kingston and to ensure global participation; 33. Calls upon States that have not done so to consider ratifying or acceding to the Agreement on the Privileges and Immunities of the Tribunal 14 and to the Protocol on the Privileges and Immunities of the Authority;15 34. Emphasizes the importance of the Tribunal’s rules and staff regulations promoting the recruitment of a geographically representative staff in the Professional and higher categories, and calls for wider dissemination of vacancy announcements to achieve that goal; VII The continental shelf and the work of the Commission 35. Encourages States parties to the Convention that are in a position to do so to make every effort to submit information to the Commission regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles, in conformity with article 76 of the Convention and article 4 of annex II to the Convention, taking into account the decision of the eleventh Meeting of States Parties to the Convention;16 36. Notes with satisfaction the progress in the work of the Commission, 17 that it is giving current consideration to five submissions that have been made regarding the establishment of the outer limits of the continental shelf beyond 200 nautical miles and that a number of States have advised of their intention to make submissions in the near future; 37. Notes that the anticipated heavy workload of the Commission, owing to an increasing number of submissions, places additional demands on its members and the Division, and in that regard emphasizes the need to ensure that the Commission can perform its functions effectively and maintain its high level of quality and expertise; 38. Emphasizes the need to maintain, to the extent possible given the term of office of the members of the Commission, continuity in the composition of subcommissions throughout the consideration of a submission; 39. Takes note of the decision of the sixteenth Meeting of States Parties to the Convention to address, as a matter of priority, issues related to the workload of _______________ 14 SPLOS/25. 15 ISBA/4/A/8, annex. 16 SPLOS/72. 17 CLCS/50 and CLCS/52. A/RES/61/222 9 the Commission and funding for its members attending the sessions of the Commission and the meetings of the subcommissions;18 40. Calls upon States whose experts are serving on the Commission to do their utmost to ensure the full participation of those experts in the work of the Commission, including the meetings of subcommissions, in accordance with the Convention; 41. Endorses the call by the Meeting of States Parties to the Convention to strengthen the Division, serving as the secretariat of the Commission, for the purpose of enhancing its technical support for the Commission; 42. Urges the Secretary-General to continue to take all necessary actions to ensure that the Commission can fulfil the functions entrusted to it under the Convention; 43. Encourages States to make additional contributions to the voluntary trust fund established by resolution 55/7 of 30 October 2000 for the purpose of facilitating the preparation of submissions to the Commission for developing States, in particular the least developed countries and small island developing States, and compliance with article 76 of the Convention; 44. Expresses its concern regarding the resources available in the voluntary trust fund established by resolution 55/7 for the purpose of defraying the cost of participation of the members of the Commission from developing States in the meetings of the Commission, and urges States to make additional contributions to the trust fund; 45. Approves the convening by the Secretary-General of the nineteenth and twentieth sessions of the Commission in New York from 5 March to 13 April 2007 and from 20 August to 7 September 2007, respectively, on the understanding that the following periods will be used for the technical examination of submissions at the Geographic Information System laboratories and other technical facilities of the Division: 5 to 23 March 2007; 9 to 13 April 2007; 20 to 24 August 2007; and 4 to 7 September 2007; 46. Expresses its firm conviction about the importance of the work of the Commission, carried out in accordance with the Convention, including with respect to the participation of the coastal State in relevant proceedings concerning its submission; 47. Notes with satisfaction the amendments to rule 52 of and annex III to the rules of procedure of the Commission, 19 and recognizes the continued need for active interaction between submitting States and the Commission; 48. Encourages States to continue exchanging views in order to increase understanding of issues, including expenditures involved, arising from the application of article 76 of the Convention, thus facilitating preparation of submissions by States, in particular developing States, to the Commission; 49. Requests the Secretary-General, in cooperation with the Member States, to continue supporting and organizing workshops or symposiums on scientific and technical aspects of the establishment of the outer limits of the continental shelf _______________ 18 See SPLOS/144. 19 See CLCS/50, paras. 36 and 43. A/RES/61/222 10 beyond 200 nautical miles, taking into account the deadline for submissions, and welcomes initiatives of States in coordination with the United Nations, such as the international symposium held in Tokyo on 6 and 7 March 2006; VIII Maritime safety and security and flag State implementation 50. Encourages States to ratify or accede to international agreements addressing the safety and security of navigation and to adopt the necessary measures consistent with the Convention, aimed at implementing and enforcing the rules contained in those agreements; 51. Welcomes the adoption of the consolidated Maritime Labour Convention, 2006, by the International Labour Conference on 23 February 2006, and encourages States to become parties to that Convention; 52. Also welcomes the adoption and continuing review by the International Maritime Organization and the International Labour Organization of Guidelines on Fair Treatment of Seafarers in the Event of a Maritime Accident,20 and encourages States to implement the Guidelines; 53. Calls upon States to consider becoming members of the International Hydrographic Organization, and urges all States to work with that Organization to increase the coverage of hydrographic information on a global basis to enhance capacity-building and technical assistance and to promote safe navigation, especially in areas used for international navigation, ports and where there are vulnerable or protected marine areas; 54. Encourages States to draw up plans and to establish procedures to implement the Guidelines on Places of Refuge for Ships in Need of Assistance;21 55. Notes the progress in the implementation of the Action Plan for the Safety of Transport of Radioactive Material, approved by the Board of Governors of the International Atomic Energy Agency in March 2004, 22 and encourages States concerned to continue their efforts in the implementation of all areas of the Action Plan; 56. Also notes that cessation of the transport of radioactive materials through the regions of small island developing States is an ultimate desired goal of small island developing States and some other countries, and recognizes the right of freedom of navigation in accordance with international law; that States should maintain dialogue and consultation, in particular under the aegis of the International Atomic Energy Agency and the International Maritime Organization, with the aim of improved mutual understanding, confidence-building and enhanced communication in relation to the safe maritime transport of radioactive materials; that States involved in the transport of such materials are urged to continue to engage in dialogue with small island developing States and other States to address their concerns; and that these concerns include the further development and strengthening, within the appropriate forums, of international regulatory regimes to _______________ 20 Adopted by the International Maritime Organization Legal Committee on 27 April 2006 as resolution LEG.3(91), and by the International Labour Organization Governing Body on 12 June 2006 at its 296th session. 21 International Maritime Organization, Assembly resolution A.949(23). 22 Available from www-ns.iaea.org. A/RES/61/222 11 enhance safety, disclosure, liability, security and compensation in relation to such transport;23 57. Encourages States to cooperate to address threats to maritime safety and security, including piracy, armed robbery at sea, smuggling and terrorist acts against shipping, offshore installations and other maritime interests, through bilateral and multilateral instruments and mechanisms aimed at monitoring, preventing and responding to such threats; 58. Urges all States, in cooperation with the International Maritime Organization, to combat piracy and armed robbery at sea by adopting measures, including those relating to assistance with capacity-building through training of seafarers, port staff and enforcement personnel in the prevention, reporting and investigation of incidents, bringing the alleged perpetrators to justice, in accordance with international law, and by adopting national legislation, as well as providing enforcement vessels and equipment and guarding against fraudulent ship registration; 59. Calls upon States to become parties to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf,24 invites States to consider becoming parties to the 2005 Protocols amending those instruments,25 and also urges States parties to take appropriate measures to ensure the effective implementation of those instruments, through the adoption of legislation, where appropriate; 60. Also calls upon States to effectively implement the International Ship and Port Facility Security Code and related amendments to the International Convention for the Safety of Life at Sea, 26 and to work with the International Maritime Organization to promote safe and secure shipping while ensuring freedom of navigation; 61. Takes note of the adoption by the International Maritime Organization of amendments to the International Convention for the Safety of Life at Sea introducing the long-range identification and tracking of ships system;27 62. Notes the work of the International Maritime Organization with regard to the preparation of the wreck removal convention for the prompt and effective removal of wrecks which may pose a hazard to navigation or the marine environment; 63. Requests States to take appropriate measures with regard to ships flying their flag or of their registry to address hazards that may be caused by wrecks and drifting or sunken cargo to navigation or the marine environment; 64. Urges all States, in cooperation with the International Maritime Organization, to improve the protection of offshore installations by adopting measures related to the prevention, reporting and investigation of acts of violence against installations, in accordance with international law, and by implementing _______________ 23 Resolution 60/1, para. 56 (o). 24 United Nations, Treaty Series, vol. 1678, No. 29004. 25 International Maritime Organization, documents LEG/CONF.15/21 and LEG/CONF.15/22. 26 International Maritime Organization, documents SOLAS/CONF.5/32 and 34. 27 International Maritime Organization, document MSC 81/25/Add.1, annex 2, resolution MSC.202(81). A/RES/61/222 12 such measures through national legislation to ensure proper and adequate enforcement; 65. Calls upon States to ensure freedom of navigation and the rights of transit passage and innocent passage in accordance with international law, in particular the Convention; 66. Welcomes the work of the International Maritime Organization relating to the protection of shipping lanes of strategic importance and significance, and in particular in enhancing safety, security and environmental protection in straits used for international navigation, and calls upon the International Maritime Organization, States bordering straits and user States to continue their cooperation efforts to keep such straits safe and open to international navigation at all times, consistent with international law, in particular the Convention; 67. Calls upon user States and States bordering straits for international navigation to cooperate by agreement on matters relating to navigational safety, including safety aids for navigation, and the prevention, reduction and control of pollution from ships; 68. Welcomes the progress in regional cooperation, including the Jakarta and Kuala Lumpur Statements on Enhancement of Safety, Security and Environmental Protection in the Straits of Malacca and Singapore, adopted on 8 September 200528 and 20 September 2006, 29 respectively, the progress made in establishing a cooperative mechanism on safety of navigation and environmental protection to promote dialogue and facilitate close cooperation between the littoral States, user States, shipping industry and other stakeholders and in implementing the Marine Electronic Highway Demonstration Project for the Straits of Malacca and Singapore, and the entry into force of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia on 4 September 2006, by which the Information Sharing Centre was launched and established in Singapore in November 2006, and calls upon States to give immediate attention to adopting, concluding and implementing cooperation agreements at the regional level; 69. Calls upon States that have not yet done so to become parties to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime 30 and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, 31 and to take appropriate measures to ensure their effective implementation; 70. Calls upon States to ensure that masters on ships flying their flag take the steps required by relevant instruments32 to provide assistance to persons in distress at sea, and urges States to cooperate and to take all necessary measures to ensure the effective implementation of the amendments to the International Convention on _______________ 28 A/60/529, annex II. 29 A/61/584, annex. 30 Resolution 55/25, annex III. 31 Ibid., annex II. 32 The International Convention for the Safety of Life at Sea, 1974, the International Convention on Maritime Search and Rescue, 1979, as amended, the United Nations Convention on the Law of the Sea, 1982, and the International Convention on Salvage, 1989. A/RES/61/222 13 Maritime Search and Rescue33 and to the International Convention for the Safety of Life at Sea34 relating to the delivery of persons rescued at sea to a place of safety, as well as of the associated Guidelines on the Treatment of Persons Rescued at Sea;35 71. Urges flag States without an effective maritime administration and appropriate legal frameworks to establish or enhance the necessary infrastructure, legislative and enforcement capabilities to ensure effective compliance with, and implementation and enforcement of, their responsibilities under international law and, until such action is taken, to consider declining the granting of the right to fly their flag to new vessels, suspending their registry or not opening a registry, and calls upon flag and port States to take all measures consistent with international law necessary to prevent the operation of substandard vessels; 72. Welcomes the adoption by the International Maritime Organization of the resolutions on the establishment of the Voluntary International Maritime Organization Member State Audit Scheme, 36 the Code for the implementation of mandatory International Maritime Organization instruments 37 and the future development of the Voluntary Audit Scheme, 38 and encourages all flag States to volunteer to be audited; 73. Takes note of the report of the Ad Hoc Consultative Meeting of senior representatives of international organizations on the “genuine link” held by the International Maritime Organization in July 2005 in response to the invitation extended to the Organization and other relevant competent international organizations in resolutions 58/14 of 24 November 2003 and 58/240 to examine and clarify the role of the “genuine link” in relation to the duty of flag States to exercise effective control over ships flying their flag, including fishing vessels, and the potential consequences of non-compliance with duties and obligations of flag States described in relevant international instruments;39 IX Marine environment and marine resources 74. Emphasizes once again the importance of the implementation of Part XII of the Convention in order to protect and preserve the marine environment and its living marine resources against pollution and physical degradation, and calls upon all States to cooperate and take measures consistent with the Convention, directly or through competent international organizations, for the protection and preservation of the marine environment; 75. Encourages States to ratify or accede to international agreements addressing the protection and preservation of the marine environment and its living marine resources against the introduction of harmful aquatic organisms and pathogens and marine pollution from all sources, and other forms of physical degradation, as well as agreements that provide for compensation for damage resulting from marine pollution, and to adopt the necessary measures consistent with _______________ 33 International Maritime Organization, document MSC/78/26/Add.1, annex 5, resolution MSC.155(78). 34 Ibid., annex 3, resolution MSC.153(78). 35 Ibid., annex 34, resolution MSC.167(78). 36 International Maritime Organization, Assembly resolution A.974(24). 37 International Maritime Organization, Assembly resolution A.973(24). 38 International Maritime Organization, Assembly resolution A.975(24). 39 See A/61/160, annex. A/RES/61/222 14 the Convention aimed at implementing and enforcing the rules contained in those agreements; 76. Welcomes the entry into force on 24 March 2006 of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, 40 and on 14 June 2007 of the Protocol on Preparedness, Response and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000,41 and encourages States that have not done so to become parties to those Protocols; 77. Encourages States, in accordance with the Convention and other relevant instruments, either bilaterally or regionally, to jointly develop and promote contingency plans for responding to pollution incidents, as well as other incidents that are likely to have significant adverse effects on the marine environment and biodiversity; 78. Welcomes the activities of the United Nations Environment Programme relating to marine debris carried out in cooperation with relevant United Nations bodies and organizations, and encourages States to further develop partnerships with industry and civil society to raise awareness of the extent of the impact of marine debris on the health and productivity of the marine environment and consequent economic loss; 79. Urges States to integrate the issue of marine debris into national strategies dealing with waste management in the coastal zone, ports and maritime industries, including recycling, reuse, reduction and disposal, and to encourage the development of appropriate economic incentives to address this issue, including the development of cost recovery systems that provide an incentive to use port reception facilities and discourage ships from discharging marine debris at sea, and encourages States to cooperate regionally and subregionally to develop and implement joint prevention and recovery programmes for marine debris; 80. Welcomes the decision of the International Maritime Organization to review annex V to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, 42 to assess its effectiveness in addressing sea-based sources of marine debris, and encourages all relevant organizations and bodies to assist in that process; 81. Encourages States that have not done so to become parties to the Protocol of 1997 (Annex VI-Regulations for the Prevention of Air Pollution from Ships) to the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, and furthermore to ratify or accede to the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001,43 as well as the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004,44 thereby facilitating their early entry into force; 82. Notes the ongoing work of the International Maritime Organization in accordance with its resolution on International Maritime Organization policies and _______________ 40 IMO/LC.2/Circ.380. 41 HNS-OPRC/CONF/11/Rev.1, attachment 1. 42 United Nations, Treaty Series, vol. 1340, No. 22484. 43 International Maritime Organization, document AFS/CONF/26, annex. 44 International Maritime Organization, document BWM/CONF/36, annex. A/RES/61/222 15 practices related to the reduction of greenhouse gas emissions from ships45 and the work plan to identify and develop the mechanisms needed to achieve the limitation or reduction of CO2 emissions from international shipping agreed by the Marine Environment Protection Committee of the International Maritime Organization at its fifty-fifth session from 9 to 13 October 2006,46 and welcomes ongoing efforts of that Organization in that regard; 83. Notes with appreciation the efforts of the International Maritime Organization in developing and approving an action plan to address the inadequacy of port waste reception facilities, and urges States to cooperate in correcting the shortfall in such facilities in accordance with the action plan; 84. Welcomes the outcomes of the Second Intergovernmental Review Meeting of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, convened in Beijing from 16 to 20 October 2006, and calls upon States to take all appropriate measures to fulfil the commitments of the international community embodied in the Beijing Declaration on Furthering the Implementation of the Global Programme of Action; 85. Also welcomes the continued work of States, the United Nations Environment Programme and regional organizations in the implementation of the Global Programme of Action, and encourages increased emphasis on the link between freshwater, the coastal zone and marine resources in the implementation of international development goals, including those contained in the United Nations Millennium Declaration8 and of the time-bound targets in the Plan of Implementation of the World Summit on Sustainable Development (“Johannesburg Plan of Implementation”),47 in particular the target on sanitation, and the Monterrey Consensus of the International Conference on Financing for Development;48 86. Invites States, in particular those States with advanced technology and marine capabilities, to explore prospects for improving cooperation with, and assistance to, developing States, in particular least developed countries and small island developing States, as well as coastal African States, with a view to better integrating into national policies and programmes sustainable and effective development in the marine sector; 87. Encourages the competent international organizations, the United Nations Development Programme, the World Bank and other funding agencies to consider expanding their programmes within their respective fields of competence for assistance to developing countries and to coordinate their efforts, including in the allocation and application of Global Environment Facility funding; 88. Requests the Secretary-General to prepare a study, in cooperation with and based on information provided by States and competent international organizations and global and regional funding agencies, on the assistance available to and measures that may be taken by developing States, in particular the least developed States and small island developing States, as well as coastal African _______________ 45 International Maritime Organization, Assembly resolution A.963(23). 46 International Maritime Organization, document MEPC 55/23, annex 9. 47 Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August–4 September 2002 (United Nations publication, Sales No. E.03.II.A.1 and corrigendum), chap. I, resolution 2, annex. 48 Report of the International Conference on Financing for Development, Monterrey, Mexico, 18–22 March 2002 (United Nations publication, Sales No. E.02.II.A.7), chap. I, resolution 1, annex. A/RES/61/222 16 States, to realize the benefits of sustainable and effective development of marine resources and uses of the oceans within the limits of national jurisdiction, and further requests the Secretary-General to present the study to the General Assembly at its sixty-third session and to report to the Assembly at its sixty-second session on progress in the preparation of the study; X Marine biodiversity 89. Reaffirms its role relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, notes the work of States and relevant complementary intergovernmental organizations and bodies on those issues, including the Convention on Biological Diversity and the Food and Agriculture Organization of the United Nations, and invites them to contribute to its consideration of these issues within the areas of their respective competence; 90. Welcomes the meeting of the Ad Hoc Open-ended Informal Working Group, established by paragraph 73 of resolution 59/24 to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, held in New York from 13 to 17 February 2006, and takes note of the possible options, approaches and timely follow-up process discussed by the Working Group;4 91. Takes note of the report of the Working Group,4 and requests the Secretary-General to convene, in accordance with paragraph 73 of resolution 59/24, and with full conference services, a meeting of the Working Group in 2008, to consider: (a) The environmental impacts of anthropogenic activities on marine biological diversity beyond areas of national jurisdiction; (b) Coordination and cooperation among States as well as relevant intergovernmental organizations and bodies for the conservation and management of marine biological diversity beyond areas of national jurisdiction; (c) The role of area-based management tools; (d) Genetic resources beyond areas of national jurisdiction; (e) Whether there is a governance or regulatory gap, and if so, how it should be addressed; 92. Requests the Secretary-General to report on the issues referred to in paragraph 91 above in the context of his report on oceans and the law of the sea to the General Assembly at its sixty-second session, in order to assist the Working Group in preparing its agenda, in consultation with all relevant international bodies, and to arrange for support for the performance of its work to be provided by the Division; 93. Encourages States to include relevant experts in their delegations attending the meeting of the Working Group; 94. Recognizes the importance of making the outcomes of the Working Group widely available; A/RES/61/222 17 95. Notes the work under the Jakarta Mandate on Marine and Coastal Biological Diversity 49 and the Convention on Biological Diversity elaborated programme of work on marine and coastal biological diversity, 50 as well as the relevant decisions adopted at the eighth meeting of the Conference of the Parties to the Convention on Biological Diversity, held in Curitiba, Brazil, from 20 to 31 March 2006;51 96. Reaffirms the need for States and competent international organizations to urgently consider ways to integrate and improve, based on the best available scientific information and in accordance with the Convention and related agreements and instruments, the management of risks to the marine biodiversity of seamounts, cold water corals, hydrothermal vents and certain other underwater features; 97. Also reaffirms the need for States to continue their efforts to develop and facilitate the use of diverse approaches and tools for conserving and managing vulnerable marine ecosystems, including the possible establishment of marine protected areas, consistent with international law and based on the best scientific information available, and the development of representative networks of any such marine protected areas by 2012; 98. Notes the work of States, relevant intergovernmental organizations and bodies, including the Convention on Biological Diversity, in the assessment of scientific information on, and compilation of ecological criteria for the identification of, marine areas that require protection, in light of the objective of the World Summit on Sustainable Development to develop and facilitate the use of diverse approaches and tools such as the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012;9 99. Also notes the report of the Scientific Experts’ Workshop on Criteria for Identifying Ecologically or Biologically Significant Areas beyond National Jurisdiction, held in Ottawa from 6 to 8 December 2005,52 and encourages experts to participate in follow-up workshops; 100. Further notes the Millennium Ecosystem Assessment synthesis reports and the urgent need to protect the marine biodiversity expressed therein; 101. Calls upon States and international organizations to urgently take action to address, in accordance with international law, destructive practices that have adverse impacts on marine biodiversity and ecosystems, including seamounts, hydrothermal vents and cold water corals; 102. Reiterates its support for the International Coral Reef Initiative, takes note of the International Coral Reef Initiative General Meetings, held in Koror from 31 October to 2 November 2005, and in Cozumel, Mexico, on 22 and 23 October 2006, supports the work under the Jakarta Mandate on Marine and Coastal Biological Diversity and the elaborated programme of work on marine and coastal biological diversity related to coral reefs, and notes the progress that the International Coral Reef Initiative and other relevant bodies have made to _______________ 49 See A/51/312, annex II, decision II/10. 50 UNEP/CBD/COP/7/21, annex, decision VII/5, annex I. 51 UNEP/CBD/COP/8/31, annex I. 52 A/AC.259/16, annex. A/RES/61/222 18 incorporate cold water coral ecosystems into their programmes and activities and to promote the conservation and sustainable use of all coral reef resources; 103. Expresses its concern that coral bleaching has become more frequent and severe throughout tropical seas over the last two decades, and highlights the need for improved monitoring to predict and identify bleaching events to support and strengthen action during such events and improve strategies to support the natural resilience of reefs; 104. Welcomes the publication of the Status of Coral Reefs in Tsunami Affected Countries: 2005 by the Global Coral Reef Monitoring Network; 105. Encourages States to cooperate, directly or through competent international bodies, in exchanging information in the event of accidents involving vessels on coral reefs and in promoting the development of economic assessment techniques for both restoration and non-use values of coral reef systems; 106. Emphasizes the need to mainstream sustainable coral reef management and integrated watershed management into national development strategies, as well as into the activities of relevant United Nations agencies and programmes, international financial institutions and the donor community; 107. Encourages further studies and consideration of the impacts of ocean noise on marine living resources, and requests the Division to compile the peer- reviewed scientific studies it receives from Member States and to make them available on its website; XI Marine science 108. Calls upon States, individually or in collaboration with each other or with relevant international organizations and bodies, to improve understanding and knowledge of the oceans and the deep sea, including, in particular, the extent and vulnerability of deep sea biodiversity and ecosystems, by increasing their marine scientific research activities in accordance with the Convention; 109. Notes the contribution of the Census of Marine Life to marine biodiversity research, and encourages participation in the initiative; 110. Takes note with appreciation of the work of the Advisory Body of Experts on the Law of the Sea of the Intergovernmental Oceanographic Commission on the development of procedures for the implementation of Parts XIII and XIV of the Convention and on the development of a consensual text on the legal framework for the collection of oceanographic data within the context of the Convention; 111. Stresses the importance of increasing the scientific understanding of the oceans/atmosphere interface, including through participation in ocean observing programmes and geographic information systems, such as the Global Ocean Observing System, a programme of the Intergovernmental Oceanographic Commission, particularly considering their role in monitoring climate variability and in the establishment of tsunami warning systems; 112. Recognizes the significant progress made by the Intergovernmental Oceanographic Commission and Member States towards the establishment of regional tsunami warning and mitigation systems, welcomes the continued collaboration of the World Meteorological Organization and other United Nations and intergovernmental organizations in this effort, and encourages Member States to A/RES/61/222 19 establish and sustain their national warning and mitigation systems, within a global, ocean-related multi-hazard approach, as necessary, to reduce loss of life and damage to national economies and strengthen the resilience of coastal communities to natural disasters; XII Regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects 113. Recalls that the Ad Hoc Steering Group was established by resolution 60/30; 114. Takes note of the report of the first meeting of the Ad Hoc Steering Group for the “assessment of assessments” launched as a preparatory stage towards the establishment of the regular process for global reporting and assessment of the state of the marine environment, including socio-economic aspects, held in New York from 7 to 9 June 2006,53 and urges Member States from the African and Asian regional groups to propose the remaining representatives to the Chairmen of their regional groups so that the appointment to the Ad Hoc Steering Group of those representatives can be made by the President of the General Assembly without further delay; 115. Urges the Ad Hoc Steering Group to complete the “assessment of assessments” within two years, as provided for in resolution 60/30; 116. Welcomes with appreciation the support of the United Nations Environment Programme and the Intergovernmental Oceanographic Commission for the “assessment of assessments” in providing secretariat services to the Ad Hoc Steering Group and establishing the group of experts, as approved by the Ad Hoc Steering Group; 117. Invites Member States, the Global Environment Facility and other interested parties to contribute financially to the “assessment of assessments”, taking into account the workplan and budget approved by the Ad Hoc Steering Group, in order to complete the “assessment of assessments” within the specified period; XIII Regional cooperation 118. Notes that there have been a number of initiatives at the regional level, in various regions, to further the implementation of the Convention, takes note in that context of the Caribbean-focused Assistance Fund, which is intended to facilitate, mainly through technical assistance, the voluntary undertaking of maritime delimitation negotiations between Caribbean States, takes note once again of the Fund for Peace: Peaceful Settlement of Territorial Disputes, established by the General Assembly of the Organization of American States in 2000 as a primary mechanism, given its broader regional scope, for the prevention and resolution of pending territorial, land border and maritime boundary disputes, and calls upon States and others in a position to do so to contribute to these funds; _______________ 53 United Nations Environment Programme, document A/61/GRAME/AHSG/1. A/RES/61/222 20 XIV Open-ended informal consultative process on oceans and the law of the sea 119. Welcomes the report on the work of the Consultative Process at its seventh meeting,5 and invites States to consider the agreed consensual elements relating to ecosystem approaches and oceans, as suggested by the Consultative Process, as set out in part A of the report, in particular the proposed elements of an ecosystem approach, means to achieve implementation of an ecosystem approach and requirements for improved application of an ecosystem approach and also: (a) Notes that continued environmental degradation in many parts of the world and increasing competing demands require an urgent response and the setting of priorities for management interventions aimed at conserving ecosystem integrity; (b) Notes that ecosystem approaches to ocean management should be focused on managing human activities in order to maintain and, where needed, restore ecosystem health to sustain goods and environmental services, provide social and economic benefits for food security, sustain livelihoods in support of international development goals, including those contained in the Millennium Declaration, and conserve marine biodiversity; (c) Recalls that States should be guided in the application of ecosystem approaches by a number of existing instruments, in particular the Convention, which sets out the legal framework for all activities in the oceans and seas, and its implementing Agreements, as well as other commitments, such as those contained in the Convention on Biological Diversity and the World Summit on Sustainable Development call for the application of an ecosystem approach by 2010; (d) Encourages States to cooperate and coordinate their efforts and take, individually or jointly, as appropriate, all measures, in conformity with international law, including the Convention and other applicable instruments, to address impacts on marine ecosystems in areas within and beyond national jurisdiction, taking into account the integrity of the ecosystems concerned; 120. Requests the Secretary-General to convene the eighth meeting of the Consultative Process, in New York, from 25 to 29 June 2007, to provide it with the necessary facilities for the performance of its work and to arrange for support to be provided by the Division, in cooperation with other relevant parts of the Secretariat, as appropriate; 121. Recalls the need to strengthen and improve the efficiency of the Consultative Process, and encourages States, intergovernmental organizations and programmes to provide guidance to the co-chairpersons to this effect, particularly before and during the preparatory meeting for the Consultative Process; 122. Expresses its concern regarding the insufficient resources available in the voluntary trust fund established by resolution 55/7 for the purpose of assisting developing countries, in particular least developed countries, small island developing States and landlocked developing States, in attending the meetings of the Consultative Process by covering the costs of travel and daily subsistence allowance, and urges States to make additional contributions to the trust fund; 123. Decides that, in its deliberations on the report of the Secretary-General on oceans and the law of the sea at its forthcoming meetings in 2007 and 2008, the Consultative Process will focus its discussions on the topics “Marine genetic resources” in 2007 and “Maritime security and safety” in 2008; A/RES/61/222 21 XV Coordination and cooperation 124. Encourages States to work closely with and through international organizations, funds and programmes, as well as the specialized agencies of the United Nations system and relevant international conventions, to identify emerging areas of focus for improved coordination and cooperation and how best to address these issues; 125. Requests the Secretary-General to bring the present resolution to the attention of heads of intergovernmental organizations, the specialized agencies, funds and programmes of the United Nations engaged in activities relating to ocean affairs and the law of the sea, as well as funding institutions, and underlines the importance of their constructive and timely input for the report of the Secretary- General on oceans and the law of the sea and of their participation in relevant meetings and processes; 126. Welcomes the work done by the secretariats of relevant United Nations specialized agencies, programmes, funds and bodies and the secretariats of related organizations and conventions to enhance inter-agency coordination and cooperation on ocean issues, including through UN-Oceans, the inter-agency coordination mechanism on ocean and coastal issues within the United Nations system; 127. Encourages continued updates to Member States by UN-Oceans regarding its priorities and initiatives, in particular with respect to the proposed participation in UN-Oceans; XVI Activities of the Division for Ocean Affairs and the Law of the Sea 128. Expresses its appreciation to the Secretary-General for the annual comprehensive report on oceans and the law of the sea, prepared by the Division, as well as for the other activities of the Division, which reflect the high standard of assistance provided to Member States by the Division; 129. Requests the Secretary-General to continue to carry out the responsibilities and functions entrusted to him in the Convention and by the related resolutions of the General Assembly, including resolutions 49/28 and 52/26, and to ensure the allocation of appropriate resources to the Division for the performance of its activities under the approved budget for the Organization; XVII Sixty-second session of the General Assembly 130. Requests the Secretary-General to prepare a comprehensive report, in its current comprehensive format and in accordance with established practice, for the consideration of the General Assembly at its sixty-second session, on developments and issues relating to ocean affairs and the law of the sea, including the implementation of the present resolution, in accordance with resolutions 49/28, 52/26 and 54/33, and to make the report available at least six weeks in advance of the meeting of the Consultative Process; 131. Emphasizes the critical role of the annual comprehensive report of the Secretary-General, which integrates information on developments relating to the implementation of the Convention and the work of the Organization, its specialized A/RES/61/222 22 agencies and other institutions in the field of ocean affairs and the law of the sea at the global and regional levels, and as a result constitutes the basis for the annual consideration and review of developments relating to ocean affairs and the law of the sea by the General Assembly as the global institution having the competence to undertake such a review; 132. Notes that the report referred to in paragraph 130 above will also be presented to States parties pursuant to article 319 of the Convention regarding issues of a general nature that have arisen with respect to the Convention; 133. Also notes the desire to further improve the efficiency of, and effective participation of delegations in, the informal consultations concerning the annual General Assembly resolution on oceans and the law of the sea and the resolution on sustainable fisheries, and decides to limit the period of the informal consultations on both resolutions to a maximum of four weeks in total and to ensure that the consultations are scheduled in such a way as to avoid overlap with the period during which the Sixth Committee is meeting and that the Division has sufficient time to produce the report referred to in paragraph 130 above; 134. Decides to include in the provisional agenda of its sixty-second session the item entitled “Oceans and the law of the sea”.
AFGHANISTAN
1
A/RES/61/57
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/392)] 61/57. Conclusion of effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons The General Assembly, Bearing in mind the need to allay the legitimate concern of the States of the world with regard to ensuring lasting security for their peoples, Convinced that nuclear weapons pose the greatest threat to mankind and to the survival of civilization, Welcoming the progress achieved in recent years in both nuclear and conventional disarmament, Noting that, despite recent progress in the field of nuclear disarmament, further efforts are necessary towards the achievement of general and complete disarmament under effective international control, Convinced that nuclear disarmament and the complete elimination of nuclear weapons are essential to remove the danger of nuclear war, Determined to abide strictly by the relevant provisions of the Charter of the United Nations on the non-use of force or threat of force, Recognizing that the independence, territorial integrity and sovereignty of non- nuclear-weapon States need to be safeguarded against the use or threat of use of force, including the use or threat of use of nuclear weapons, Considering that, until nuclear disarmament is achieved on a universal basis, it is imperative for the international community to develop effective measures and arrangements to ensure the security of non-nuclear-weapon States against the use or threat of use of nuclear weapons from any quarter, Recognizing that effective measures and arrangements to assure non-nuclear- weapon States against the use or threat of use of nuclear weapons can contribute positively to the prevention of the spread of nuclear weapons, A/RES/61/57 2 Bearing in mind paragraph 59 of the Final Document of the Tenth Special Session of the General Assembly,1 the first special session devoted to disarmament, in which it urged the nuclear-weapon States to pursue efforts to conclude, as appropriate, effective arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, and desirous of promoting the implementation of the relevant provisions of the Final Document, Recalling the relevant parts of the special report of the Committee on Disarmament2 submitted to the General Assembly at its twelfth special session,3 the second special session devoted to disarmament, and of the special report of the Conference on Disarmament submitted to the Assembly at its fifteenth special session,4 the third special session devoted to disarmament, as well as the report of the Conference on its 1992 session,5 Recalling also paragraph 12 of the Declaration of the 1980s as the Second Disarmament Decade, contained in the annex to its resolution 35/46 of 3 December 1980, which states, inter alia, that all efforts should be exerted by the Committee on Disarmament urgently to negotiate with a view to reaching agreement on effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, Noting the in-depth negotiations undertaken in the Conference on Disarmament and its Ad Hoc Committee on Effective International Arrangements to Assure Non-Nuclear-Weapon States against the Use or Threat of Use of Nuclear Weapons,6 with a view to reaching agreement on this question, Taking note of the proposals submitted under the item in the Conference on Disarmament, including the drafts of an international convention, Taking note also of the relevant decision of the Thirteenth Conference of Heads of State or Government of Non-Aligned Countries, held at Kuala Lumpur on 24 and 25 February 2003, 7 which was reiterated at the Fourteenth Conference of Heads of State or Government of Non-Aligned Countries, held at Havana on 15 and 16 September 2006,8 as well as the relevant recommendations of the Organization of the Islamic Conference, Taking note further of the unilateral declarations made by all the nuclear- weapon States on their policies of non-use or non-threat of use of nuclear weapons against the non-nuclear-weapon States, Noting the support expressed in the Conference on Disarmament and in the General Assembly for the elaboration of an international convention to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons, as well as the difficulties pointed out in evolving a common approach acceptable to all, _______________ 1 Resolution S-10/2. 2 The Committee on Disarmament was redesignated the Conference on Disarmament as from 7 February 1984. 3 Official Records of the General Assembly, Twelfth Special Session, Supplement No. 2 (A/S-12/2), sect. III.C. 4 Ibid., Fifteenth Special Session, Supplement No. 2 (A/S-15/2), sect. III.F. 5 Ibid., Forty-seventh Session, Supplement No. 27 (A/47/27), sect. III.F. 6 Ibid., Forty-eighth Session, Supplement No. 27 (A/48/27), para. 39. 7 See A/57/759-S/2003/332, annex I. 8 See A/61/472-S/2006/780, annex I. A/RES/61/57 3 Taking note of Security Council resolution 984 (1995) of 11 April 1995 and the views expressed on it, Recalling its relevant resolutions adopted in previous years, in particular resolutions 45/54 of 4 December 1990, 46/32 of 6 December 1991, 47/50 of 9 December 1992, 48/73 of 16 December 1993, 49/73 of 15 December 1994, 50/68 of 12 December 1995, 51/43 of 10 December 1996, 52/36 of 9 December 1997, 53/75 of 4 December 1998, 54/52 of 1 December 1999, 55/3l of 20 November 2000, 56/22 of 29 November 2001, 57/56 of 22 November 2002, 58/35 of 8 December 2003, 59/64 of 3 December 2004 and 60/53 of 8 December 2005, 1. Reaffirms the urgent need to reach an early agreement on effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons; 2. Notes with satisfaction that in the Conference on Disarmament there is no objection, in principle, to the idea of an international convention to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons, although the difficulties with regard to evolving a common approach acceptable to all have also been pointed out; 3. Appeals to all States, especially the nuclear-weapon States, to work actively towards an early agreement on a common approach and, in particular, on a common formula that could be included in an international instrument of a legally binding character; 4. Recommends that further intensive efforts be devoted to the search for such a common approach or common formula and that the various alternative approaches, including, in particular, those considered in the Conference on Disarmament, be explored further in order to overcome the difficulties; 5. Also recommends that the Conference on Disarmament actively continue intensive negotiations with a view to reaching early agreement and concluding effective international agreements to assure the non-nuclear-weapon States against the use or threat of use of nuclear weapons, taking into account the widespread support for the conclusion of an international convention and giving consideration to any other proposals designed to secure the same objective; 6. Decides to include in the provisional agenda of its sixty-second session the item entitled “Conclusion of effective international arrangements to assure non- nuclear-weapon States against the use or threat of use of nuclear weapons”.
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A/RES/61/61
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/394)] 61/61. Measures to uphold the authority of the 1925 Geneva Protocol The General Assembly, Recalling its previous resolutions on the subject, in particular resolution 59/70 of 3 December 2004, Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, Recalling the long-standing determination of the international community to achieve the effective prohibition of the development, production, stockpiling and use of chemical and biological weapons as well as the continuing support for measures to uphold the authority of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925,1 as expressed by consensus in many previous resolutions, Emphasizing the necessity of easing international tension and strengthening trust and confidence between States, 1. Takes note of the note by the Secretary-General;2 2. Renews its previous call to all States to observe strictly the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,1 and reaffirms the vital necessity of upholding its provisions; 3. Calls upon those States that continue to maintain reservations to the 1925 Geneva Protocol to withdraw them; 4. Requests the Secretary-General to submit to the General Assembly at its sixty-third session a report on the implementation of the present resolution. 67th plenary meeting 6 December 2006 _______________ 1 League of Nations, Treaty Series, vol. XCIV (1929), No. 2138. 2 A/61/116.
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A/RES/61/63
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/394)] 61/63. Observance of environmental norms in the drafting and implementation of agreements on disarmament and arms control The General Assembly, Recalling its resolutions 50/70 M of 12 December 1995, 51/45 E of 10 December 1996, 52/38 E of 9 December 1997, 53/77 J of 4 December 1998, 54/54 S of 1 December 1999, 55/33 K of 20 November 2000, 56/24 F of 29 November 2001, 57/64 of 22 November 2002, 58/45 of 8 December 2003, 59/68 of 3 December 2004 and 60/60 of 8 December 2005, Emphasizing the importance of the observance of environmental norms in the preparation and implementation of disarmament and arms limitation agreements, Recognizing that it is necessary to take duly into account the agreements adopted at the United Nations Conference on Environment and Development, as well as prior relevant agreements, in the drafting and implementation of agreements on disarmament and arms limitation, Taking note of the report of the Secretary-General submitted pursuant to resolution 60/60,1 Mindful of the detrimental environmental effects of the use of nuclear weapons, 1. Reaffirms that international disarmament forums should take fully into account the relevant environmental norms in negotiating treaties and agreements on disarmament and arms limitation and that all States, through their actions, should contribute fully to ensuring compliance with the aforementioned norms in the implementation of treaties and conventions to which they are parties; 2. Calls upon States to adopt unilateral, bilateral, regional and multilateral measures so as to contribute to ensuring the application of scientific and technological progress within the framework of international security, disarmament and other related spheres, without detriment to the environment or to its effective contribution to attaining sustainable development; _______________ 1 A/61/113. A/RES/61/63 2 3. Welcomes the information provided by Member States on the implementation of the measures they have adopted to promote the objectives envisaged in the present resolution;1 4. Invites all Member States to communicate to the Secretary-General information on the measures they have adopted to promote the objectives envisaged in the present resolution, and requests the Secretary-General to submit a report containing this information to the General Assembly at its sixty-second session; 5. Decides to include in the provisional agenda of its sixty-second session the item entitled “Observance of environmental norms in the drafting and implementation of agreements on disarmament and arms control”.
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A/RES/61/64
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/394)] 61/64. Relationship between disarmament and development The General Assembly, Recalling that the Charter of the United Nations envisages the establishment and maintenance of international peace and security with the least diversion for armaments of the world’s human and economic resources, Recalling also the provisions of the Final Document of the Tenth Special Session of the General Assembly concerning the relationship between disarmament and development, 1 as well as the adoption on 11 September 1987 of the Final Document of the International Conference on the Relationship between Disarmament and Development,2 Recalling further its resolutions 49/75 J of 15 December 1994, 50/70 G of 12 December 1995, 51/45 D of 10 December 1996, 52/38 D of 9 December 1997, 53/77 K of 4 December 1998, 54/54 T of 1 December 1999, 55/33 L of 20 November 2000, 56/24 E of 29 November 2001, 57/65 of 22 November 2002, 59/78 of 3 December 2004 and 60/61 of 8 December 2005, and its decision 58/520 of 8 December 2003, Bearing in mind the Final Document of the Twelfth Conference of Heads of State or Government of Non-Aligned Countries, held in Durban, South Africa, from 29 August to 3 September 1998, 3 and the Final Document of the Thirteenth Ministerial Conference of the Movement of Non-Aligned Countries, held in Cartagena, Colombia, on 8 and 9 April 2000,4 Mindful of the changes in international relations that have taken place since the adoption on 11 September 1987 of the Final Document of the International Conference on the Relationship between Disarmament and Development, including the development agenda that has emerged over the past decade, _______________ 1 See resolution S-10/2. 2 United Nations publication, Sales No. E.87.IX.8. 3 A/53/667-S/1998/1071, annex I. 4 A/54/917-S/2000/580, annex. A/RES/61/64 2 Bearing in mind the new challenges for the international community in the field of development, poverty eradication and the elimination of the diseases that afflict humanity, Stressing the importance of the symbiotic relationship between disarmament and development and the important role of security in this connection, and concerned at increasing global military expenditure, which could otherwise be spent on development needs, Recalling the report of the Group of Governmental Experts on the relationship between disarmament and development5 and its reappraisal of this significant issue in the current international context, 1. Stresses the central role of the United Nations in the disarmament- development relationship, and requests the Secretary-General to strengthen further the role of the Organization in this field, in particular the high-level Steering Group on Disarmament and Development, in order to assure continued and effective coordination and close cooperation between the relevant United Nations departments, agencies and sub-agencies; 2. Requests the Secretary-General to continue to take action, through appropriate organs and within available resources, for the implementation of the action programme adopted at the 1987 International Conference on the Relationship between Disarmament and Development;2 3. Urges the international community to devote part of the resources made available by the implementation of disarmament and arms limitation agreements to economic and social development, with a view to reducing the ever-widening gap between developed and developing countries; 4. Encourages the international community to achieve the Millennium Development Goals and to make reference to the contribution that disarmament could provide in meeting them when it reviews its progress towards this purpose in 2006, as well as to make greater efforts to integrate disarmament, humanitarian and development activities; 5. Encourages the relevant regional and subregional organizations and institutions, non-governmental organizations and research institutes to incorporate issues related to the relationship between disarmament and development in their agendas and, in this regard, to take into account the report of the Group of Governmental Experts on the relationship between disarmament and development;5 6. Requests the Secretary-General to report to the General Assembly at its sixty-second session on the implementation of the present resolution; 7. Decides to include in the provisional agenda of its sixty-second session the item entitled “Relationship between disarmament and development”. 67th plenary meeting 6 December 2006 _______________ 5 See A/59/119.
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A/RES/61/74
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/394)] 61/74. Renewed determination towards the total elimination of nuclear weapons The General Assembly, Recalling the need for all States to take further practical steps and effective measures towards the total elimination of nuclear weapons, with a view to achieving a peaceful and safe world free of nuclear weapons, and renewing the determination to do so, Noting that the ultimate objective of the efforts of States in the disarmament process is general and complete disarmament under strict and effective international control, Recalling its resolution 60/65 of 8 December 2005, Convinced that every effort should be made to avoid nuclear war and nuclear terrorism, Reaffirming the crucial importance of the Treaty on the Non-Proliferation of Nuclear Weapons1 as the cornerstone of the international nuclear disarmament and non-proliferation regime, and expressing regret over the lack of agreement on substantive issues at the Review Conference of the Parties to the Treaty on the Non- Proliferation of Nuclear Weapons, as well as over the elimination of references to nuclear disarmament and non-proliferation in the World Summit Outcome2 in 2005, the year of the sixtieth anniversary of the atomic bombings in Hiroshima and Nagasaki, Japan, Recalling the decisions and the resolution of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons3 and the Final Document of the 2000 Review Conference of the Parties to the Treaty,4 _______________ 1 United Nations, Treaty Series, vol. 729, No. 10485. 2 See resolution 60/1. 3 See 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex. 4 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vols. I–III (NPT/CONF.2000/28 (Parts I–IV)). A/RES/61/74 2 Recognizing that the enhancement of international peace and security and the promotion of nuclear disarmament are mutually reinforcing, Reaffirming that further advancement in nuclear disarmament will contribute to consolidating the international regime for nuclear non-proliferation and thereby ensuring international peace and security, Expressing deep concern regarding the growing dangers posed by the proliferation of weapons of mass destruction, inter alia, nuclear weapons, including that caused by proliferation networks, Condemning the nuclear test proclaimed by the Democratic People’s Republic of Korea on 9 October 2006, 1. Reaffirms the importance of all States parties to the Treaty on the Non- Proliferation of Nuclear Weapons1 complying with their obligations under all the articles of the Treaty; 2. Stresses the importance of an effective Treaty review process, and calls upon all States parties to the Treaty to work together to ensure that the first session of the Preparatory Committee in 2007 is held constructively, in order to facilitate the successful outcome of the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons; 3. Reaffirms the importance of the universality of the Treaty, and calls upon States not parties to the Treaty to accede to it as non-nuclear-weapon States without delay and without conditions, and pending their accession to refrain from acts that would defeat the objective and purpose of the Treaty as well as to take practical steps in support of the Treaty; 4. Encourages further steps leading to nuclear disarmament, to which all States parties to the Treaty are committed under article VI of the Treaty, including deeper reductions in all types of nuclear weapons, and emphasizes the importance of applying irreversibility and verifiability, as well as increased transparency in a way that promotes international stability and undiminished security for all, in the process of working towards the elimination of nuclear weapons; 5. Encourages the Russian Federation and the United States of America to implement fully the Treaty on Strategic Offensive Reductions,5 which should serve as a step for further nuclear disarmament, and to undertake nuclear arms reductions beyond those provided for by the Treaty, while welcoming the progress made by nuclear-weapon States, including the Russian Federation and the United States, on nuclear arms reductions; 6. Encourages States to continue to pursue efforts, within the framework of international cooperation, contributing to the reduction of nuclear-weapons-related materials; 7. Calls for the nuclear-weapon States to further reduce the operational status of nuclear weapons systems in ways that promote international stability and security; 8. Stresses the necessity of a diminishing role for nuclear weapons in security policies to minimize the risk that these weapons will ever be used and to _______________ 5 See CD/1674. A/RES/61/74 3 facilitate the process of their total elimination, in a way that promotes international stability and based on the principle of undiminished security for all; 9. Urges all States that have not yet done so to sign and ratify the Comprehensive Nuclear-Test-Ban Treaty6 at the earliest opportunity with a view to its early entry into force, stresses the importance of maintaining existing moratoriums on nuclear-weapon test explosions pending the entry into force of the Treaty, and reaffirms the importance of the continued development of the Comprehensive Nuclear-Test-Ban Treaty verification regime, including the international monitoring system, which will be required to provide assurance of compliance with the Treaty; 10. Calls upon the Conference on Disarmament to immediately resume its substantive work to its fullest, considering the developments of this year in the Conference; 11. Emphasizes the importance of the immediate commencement of negotiations on a fissile material cut-off treaty and its early conclusion, and calls upon all nuclear-weapon States and States not parties to the Treaty on the Non- Proliferation of Nuclear Weapons to declare moratoriums on the production of fissile material for any nuclear weapons or other nuclear explosive devices pending the entry into force of the Treaty; 12. Calls upon all States to redouble their efforts to prevent and curb the proliferation of nuclear and other weapons of mass destruction and their means of delivery; 13. Stresses the importance of further efforts for non-proliferation, including the universalization of the International Atomic Energy Agency comprehensive safeguards agreements and Model Protocol Additional to the Agreement(s) between State(s) and the International Atomic Energy Agency for the Application of Safeguards approved by the Board of Governors of the International Atomic Energy Agency on 15 May 1997 7 and the full implementation of Security Council resolution 1540 (2004) of 28 April 2004; 14. Encourages all States to undertake concrete activities to implement, as appropriate, the recommendations contained in the report of the Secretary-General on the United Nations study on disarmament and non-proliferation education, submitted to the General Assembly at its fifty-seventh session,8 and to voluntarily share information on efforts they have been undertaking to that end; 15. Encourages the constructive role played by civil society in promoting nuclear non-proliferation and nuclear disarmament. 67th plenary meeting 6 December 2006 _______________ 6 See resolution 50/245. 7 International Atomic Energy Agency, INFCIRC/540 (Corrected). 8 A/57/124.
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A/RES/61/89
Resolution adopted by the General Assembly on 6 December 2006 [on the report of the First Committee (A/61/394)] 61/89. Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms The General Assembly, Guided by the purposes and principles enshrined in the Charter of the United Nations, and reaffirming its respect for and commitment to international law, Recalling its resolutions 46/36 L of 9 December 1991, 51/45 N of 10 December 1996, 51/47 B of 10 December 1996, 56/24 V of 24 December 2001 and 60/69 and 60/82 of 8 December 2005, Recognizing that arms control, disarmament and non-proliferation are essential for the maintenance of international peace and security, Reaffirming the inherent right of all States to individual or collective self- defence in accordance with Article 51 of the Charter, Acknowledging the right of all States to manufacture, import, export, transfer and retain conventional arms for self-defence and security needs, and in order to participate in peace support operations, Recalling the obligations of all States to fully comply with arms embargoes decided by the Security Council in accordance with the Charter, Reaffirming its respect for international law, including international human rights law and international humanitarian law, and the Charter, Taking note of and encouraging relevant initiatives, undertaken at the international, regional and subregional levels between States, including those of the United Nations, and of the role played by non-governmental organizations and civil society, to enhance cooperation, improve information exchange and transparency and implement confidence-building measures in the field of responsible arms trade, Recognizing that the absence of common international standards on the import, export and transfer of conventional arms is a contributory factor to conflict, the displacement of people, crime and terrorism, thereby undermining peace, reconciliation, safety, security, stability and sustainable development, A/RES/61/89 2 Acknowledging the growing support across all regions for concluding a legally binding instrument negotiated on a non-discriminatory, transparent and multilateral basis, to establish common international standards for the import, export and transfer of conventional arms, 1. Requests the Secretary-General to seek the views of Member States on the feasibility, scope and draft parameters for a comprehensive, legally binding instrument establishing common international standards for the import, export and transfer of conventional arms, and to submit a report on the subject to the General Assembly at its sixty-second session; 2. Also requests the Secretary-General to establish a group of governmental experts, on the basis of equitable geographical distribution, informed by the report of the Secretary-General submitted to the General Assembly at its sixty-second session, to examine, commencing in 2008, the feasibility, scope and draft parameters for a comprehensive, legally binding instrument establishing common international standards for the import, export and transfer of conventional arms, and to transmit the report of the group of experts to the Assembly for consideration at its sixty-third session; 3. Further requests the Secretary-General to provide the group of governmental experts with any assistance and services that may be required for the discharge of its tasks; 4. Decides to include in the provisional agenda of its sixty-second session an item entitled “Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms”.
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A/RES/62/120
Resolution adopted by the General Assembly on 17 December 2007 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/62/412)] 62/120. Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples The General Assembly, Having examined the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples,0F1 Recalling its resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, and all its subsequent resolutions concerning the implementation of the Declaration, the most recent of which was resolution 61/130 of 14 December 2006, as well as the relevant resolutions of the Security Council, Bearing in mind its resolution 55/146 of 8 December 2000, by which it declared the period 2001–2010 the Second International Decade for the Eradication of Colonialism, and the need to examine ways to ascertain the wishes of the peoples of the Non-Self-Governing Territories on the basis of resolution 1514 (XV) and other relevant resolutions on decolonization, Recognizing that the eradication of colonialism has been one of the priorities of the United Nations and continues to be one of its priorities for the decade that began in 2001, Reconfirming the need to take measures to eliminate colonialism by 2010, as called for in its resolution 55/146, Reiterating its conviction of the need for the eradication of colonialism, as well as racial discrimination and violations of basic human rights, Noting with satisfaction the achievements of the Special Committee in contributing to the effective and complete implementation of the Declaration and other relevant resolutions of the United Nations on decolonization, _______________ 1 Official Records of the General Assembly, Sixty-second Session, Supplement No. 23 (A/62/23). A/RES/62/120 2 Stressing the importance of the formal participation of the administering Powers in the work of the Special Committee, Noting with interest the cooperation and active participation of some administering Powers in the work of the Special Committee, and encouraging the others also to do so, Taking note that the Pacific regional seminar, originally scheduled to convene from 23 to 25 May 2006 in Timor-Leste, was held on Yanuca Island, Fiji, from 28 to 30 November 2006, and that the Caribbean regional seminar was held in Saint George’s, Grenada, from 22 to 24 May 2007, 1. Reaffirms its resolution 1514 (XV) and all other resolutions and decisions on decolonization, including its resolution 55/146, by which it declared the period 2001–2010 the Second International Decade for the Eradication of Colonialism, and calls upon the administering Powers, in accordance with those resolutions, to take all necessary steps to enable the peoples of the Non-Self- Governing Territories concerned to exercise fully as soon as possible their right to self-determination, including independence; 2. Reaffirms once again that the existence of colonialism in any form or manifestation, including economic exploitation, is incompatible with the Charter of the United Nations, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Universal Declaration of Human Rights; 1F2 3. Reaffirms its determination to continue to take all steps necessary to bring about the complete and speedy eradication of colonialism and the faithful observance by all States of the relevant provisions of the Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Universal Declaration of Human Rights; 4. Affirms once again its support for the aspirations of the peoples under colonial rule to exercise their right to self-determination, including independence, in accordance with relevant resolutions of the United Nations on decolonization; 5. Calls upon the administering Powers to cooperate fully with the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples to develop and finalize, before the end of the Second International Decade for the Eradication of Colonialism, a constructive programme of work on a case-by-case basis for the Non-Self-Governing Territories to facilitate the implementation of the mandate of the Special Committee and the relevant resolutions on decolonization, including resolutions on specific Territories; 6. Commends the professional, open and transparent conduct of both the February 2006 and October 2007 referendums to determine the future status of Tokelau, monitored by the United Nations; 7. Requests the Special Committee to continue to seek suitable means for the immediate and full implementation of the Declaration and to carry out the actions approved by the General Assembly regarding the International Decade for the Eradication of Colonialism and the Second International Decade for the Eradication of Colonialism in all Territories that have not yet exercised their right to self- determination, including independence, and in particular: _______________ 2 Resolution 217 A (III). A/RES/62/120 3 (a) To formulate specific proposals to bring about an end to colonialism and to report thereon to the General Assembly at its sixty-third session; (b) To continue to examine the implementation by Member States of resolution 1514 (XV) and other relevant resolutions on decolonization; (c) To continue to examine the political, economic and social situation in the Non-Self-Governing Territories, and to recommend, as appropriate, to the General Assembly the most suitable steps to be taken to enable the populations of those Territories to exercise their right to self-determination, including independence, in accordance with relevant resolutions on decolonization, including resolutions on specific Territories; (d) To develop and finalize, before the end of the Second International Decade for the Eradication of Colonialism and in cooperation with the administering Power and the Territory in question, a constructive programme of work on a case-by-case basis for the Non-Self-Governing Territories to facilitate the implementation of the mandate of the Special Committee and the relevant resolutions on decolonization, including resolutions on specific Territories; (e) To continue to dispatch visiting and special missions to the Non-Self- Governing Territories in accordance with relevant resolutions on decolonization, including resolutions on specific Territories; (f) To conduct seminars, as appropriate, for the purpose of receiving and disseminating information on the work of the Special Committee, and to facilitate participation by the peoples of the Non-Self-Governing Territories in those seminars; (g) To take all necessary steps to enlist worldwide support among Governments, as well as national and international organizations, for the achievement of the objectives of the Declaration and the implementation of the relevant resolutions of the United Nations; (h) To observe annually the Week of Solidarity with the Peoples of Non- Self-Governing Territories;2F3 8. Recognizes that the plan of action for the Second International Decade for the Eradication of Colonialism, 3F4 represents an important legislative authority for the attainment of self-government by the Non-Self-Governing Territories, and that the case-by-case assessment of the attainment of self-government in each Territory can make an important contribution to this process; 9. Calls upon all States, in particular the administering Powers, as well as the specialized agencies and other organizations of the United Nations system, to give effect within their respective spheres of competence to the recommendations of the Special Committee for the implementation of the Declaration and other relevant resolutions of the United Nations; 10. Calls upon the administering Powers to ensure that economic and other activities in the Non-Self-Governing Territories under their administration do not adversely affect the interests of the peoples but instead promote development, and to assist them in the exercise of their right to self-determination; _______________ 3 See resolution 54/91. 4 A/56/61, annex. A/RES/62/120 4 11. Urges the administering Powers concerned to take effective measures to safeguard and guarantee the inalienable rights of the peoples of the Non-Self- Governing Territories to their natural resources, and to establish and maintain control over the future development of those resources, and requests the administering Powers to take all necessary steps to protect the property rights of the peoples of those Territories; 12. Urges all States, directly and through their action in the specialized agencies and other organizations of the United Nations system, to provide moral and material assistance as needed to the peoples of the Non-Self-Governing Territories, and requests the administering Powers to take steps to enlist and make effective use of all possible assistance, on both a bilateral and a multilateral basis, in the strengthening of the economies of those Territories; 13. Reaffirms that the United Nations visiting missions to the Territories are an effective means of ascertaining the situation in the Territories, as well as the wishes and aspirations of their inhabitants, and calls upon the administering Powers to continue to cooperate with the Special Committee in the discharge of its mandate and to facilitate visiting missions to the Territories; 14. Calls upon all the administering Powers to cooperate fully in the work of the Special Committee and to participate formally in its future sessions; 15. Requests the Secretary-General, the specialized agencies and other organizations of the United Nations system to provide economic, social and other assistance to the Non-Self-Governing Territories and to continue to do so, as appropriate, after they exercise their right to self-determination, including independence; 16. Approves the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples covering its work during 2007,1 including the programme of work envisaged for 2008; 17. Requests the Secretary-General to provide the Special Committee with the facilities and services required for the implementation of the present resolution, as well as the other resolutions and decisions on decolonization adopted by the General Assembly and the Special Committee.
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A/RES/62/142
Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/437)] 62/142. Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 0F 1 the International Covenant on Civil and Political Rights, 1F 2 the International Convention on the Elimination of All Forms of Racial Discrimination2F3 and other relevant human rights instruments, Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 3F 4 and 2005/5 of 14 April 2005, 4F 5 as well as General Assembly resolutions 60/143 of 16 December 2005 and 61/147 of 19 December 2006 on this issue and resolution 61/149 of 19 December 2006 entitled “Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action”, Recalling also the Charter of the Nuremberg Tribunal and the Judgement of the Tribunal, which recognized, inter alia, the SS organization and all its integral parts, including the Waffen SS, as criminal and declared it responsible for many war crimes and crimes against humanity, Recalling further the relevant provisions of the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on 8 September 2001, 5F 6 in particular paragraph 2 of the Declaration and paragraph 86 of the Programme of Action, _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 660, No. 9464. 4 See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 5 Ibid., 2005, Supplement No. 3 and corrigenda (E/2005/23 and Corr.1 and 2), chap. II, sect. A. 6 See A/CONF.189/12 and Corr.1, chap. I. A/RES/62/142 2 Recalling equally the study undertaken by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, 6F7 and taking note of his report, 7F8 Alarmed, in this regard, at the spread in many parts of the world of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups, 1. Reaffirms the provision of the Durban Declaration 0H6 in which States condemned the persistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial and national prejudice and stated that those phenomena could never be justified in any instance or in any circumstances; 2. Expresses deep concern about the glorification of the Nazi movement and former members of the Waffen SS organization, including by erecting monuments and memorials as well as holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neo-Nazism; 3. Expresses concern at recurring attempts to desecrate or demolish monuments erected in remembrance of those who fought against Nazism during the Second World War, as well as to unlawfully exhume or remove the remains of such persons, and urges States in this regard to fully comply with their relevant obligations, inter alia, under article 34 of Additional Protocol I to the Geneva Conventions of 1949; 8F9 4. Notes with concern the increase in the number of racist incidents in several countries and the rise of skinhead groups, which have been responsible for many of these incidents, as well as the resurgence of racist and xenophobic violence targeting members of ethnic, religious or cultural communities and national minorities, as observed by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in his latest report; 1H8 5. Reaffirms that such acts may be qualified to fall within the scope of activities described in article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination,2H3 and that they may represent a clear and manifest abuse of the rights to freedom of peaceful assembly and of association as well as the rights to freedom of opinion and expression within the meaning of those rights as guaranteed by the Universal Declaration of Human Rights, 3H1 the International Covenant on Civil and Political Rights 4H2 and the International Convention on the Elimination of All Forms of Racial Discrimination; 6. Stresses that the practices described above do injustice to the memory of the countless victims of crimes against humanity committed in the Second World War, in particular those committed by the SS organization, and poison the minds of young people, and that those practices are incompatible with the obligations of States Members of the United Nations under its Charter and are incompatible with the goals and principles of the Organization; 7. Also stresses that such practices fuel contemporary forms of racism, racial discrimination, xenophobia and related intolerance and contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups; _______________ 7 E/CN.4/2006/16 and Add.1, Add.2 and Corr.1 and Add.3 and 4. 8 See A/62/306. 9 United Nations, Treaty Series, vol. 1125, No. 17512. A/RES/62/142 3 8. Emphasizes the need to take the necessary measures to put an end to the practices described above, and calls upon States to take more effective measures in accordance with international human rights law to combat those phenomena and the extremist movements, which pose a real threat to democratic values; 9. Reaffirms that, according to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties to that instrument are, inter alia, under the obligation: (a) To condemn all propaganda and all organizations that are based on ideas of racial superiority or that attempt to justify or promote racial hatred and discrimination in any form; (b) To undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention; (c) To declare as an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (d) To declare illegal and prohibit organizations and organized and all other propaganda activities that promote and incite racial discrimination and to recognize participation in such organizations or activities as an offence punishable by law; (e) To prohibit public authorities or public institutions, national or local, from promoting or inciting racial discrimination; 10. Encourages those States that have made reservations to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination to give serious consideration to withdrawing such reservations as a matter of priority; 11. Recalls the request of the Commission on Human Rights in its resolution 2005/5 5H5 that the Special Rapporteur continue to reflect on this issue, make relevant recommendations in his future reports and seek and take into account in this regard the views of Governments and non-governmental organizations; 12. Urges Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the aforementioned task; 13. Decides to remain seized of the issue.
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A/RES/62/161
Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/439/Add.2)] 62/161. The right to development The General Assembly, Guided by the Charter of the United Nations, which expresses, in particular, the determination to promote social progress and better standards of life in larger freedom, as well as to employ international mechanisms for the promotion of the economic and social advancement of all peoples, Recalling the Universal Declaration of Human Rights,0F 1 as well as the International Covenant on Civil and Political Rights1F2 and the International Covenant on Economic, Social and Cultural Rights, 0H2 Recalling also the outcomes of all the major United Nations conferences and summits in the economic and social fields, Recalling further that the Declaration on the Right to Development, adopted by the General Assembly in its resolution 41/128 of 4 December 1986, confirmed that the right to development is an inalienable human right and that equality of opportunity for development is a prerogative both of nations and of individuals who make up nations, and that the individual is the central subject and beneficiary of development, Stressing that the Vienna Declaration and Programme of Action2F3 reaffirmed the right to development as a universal and inalienable right and an integral part of fundamental human rights, and the individual as the central subject and beneficiary of development, Reaffirming the objective of making the right to development a reality for everyone, as set out in the United Nations Millennium Declaration, adopted by the General Assembly on 8 September 2000, 3F4 Deeply concerned that the majority of indigenous peoples in the world live in conditions of poverty, and recognizing the critical need to address the negative _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 A/CONF.157/24 (Part I), chap. III. 4 See resolution 55/2. A/RES/62/161 2 impact of poverty and inequity on indigenous peoples by ensuring their full and effective inclusion in development and poverty eradication programmes, Reaffirming the universality, indivisibility, interrelatedness, interdependence and mutually reinforcing nature of all civil, cultural, economic, political and social rights, including the right to development, Expressing concern over the suspension of the trade negotiations of the World Trade Organization, and stressing the need for a successful outcome of the Doha Development Round in key areas such as agriculture, market access for non-agricultural products, trade facilitation, development and services, Recalling the outcome of the eleventh session of the United Nations Conference on Trade and Development, held in São Paulo, Brazil, from 13 to 18 June 2004, on the theme “Enhancing the coherence between national development strategies and global economic processes towards economic growth and development, particularly of developing countries”,4F5 Recalling also all its previous resolutions, Human Rights Council resolution 4/4 of 30 March 2007, 5F 6 previous resolutions of the Council and those of the Commission on Human Rights on the right to development, in particular Commission resolution 1998/72 of 22 April 1998,6F 7 on the urgent need to make further progress towards the realization of the right to development as set out in the Declaration on the Right to Development, Welcoming the outcome of the eighth session of the Working Group on the Right to Development of the Human Rights Council, held in Geneva from 26 February to 2 March 2007, as contained in the report of the Working Group, 7F8 Recalling the Fourteenth Conference of Heads of State or Government of Non-Aligned Countries, held in Havana on 15 and 16 September 2006, the Ministerial Meeting of the Coordinating Bureau of the Movement of Non-Aligned Countries, held in Putrajaya, Malaysia, on 29 and 30 May 2006, and the Fourteenth Ministerial Conference of the Movement of Non-Aligned Countries, held in Durban, South Africa, from 17 to 19 August 2004, Reiterating its continuing support for the New Partnership for Africa’s Development 8F9 as a development framework for Africa, Recognizing that poverty is an affront to human dignity, Recognizing also that extreme poverty and hunger are the greatest global threat that requires the collective commitment of the international community for its eradication, pursuant to millennium development goal 1, and therefore calling upon the international community, including the Human Rights Council, to contribute towards achieving that goal, Recognizing further that historical injustices have undeniably contributed to the poverty, underdevelopment, marginalization, social exclusion, economic _______________ 5 See TD/412. 6 See Official Records of the General Assembly, Sixty-second Session, Supplement No. 53 (A/62/53), chap. III, sect. A. 7 See Official Records of the Economic and Social Council, 1998, Supplement No. 3 (E/1998/23), chap. II, sect. A. 8 A/HRC/4/47. 9 A/57/304, annex. A/RES/62/161 3 disparity, instability and insecurity that affect many people in different parts of the world, in particular in developing countries, Stressing that poverty eradication is one of the critical elements in the promotion and realization of the right to development and that poverty is a multifaceted problem that requires a multifaceted and integrated approach in addressing economic, political, social, environmental and institutional dimensions at all levels, especially in the context of the millennium development goal of halving, by 2015, the proportion of the world’s people whose income is less than one dollar a day and the proportion of people who suffer from hunger, 1. Endorses the conclusions and recommendations adopted by consensus by the Working Group on the Right to Development of the Human Rights Council at its eighth session, 1H8 and calls for their immediate, full and effective implementation by the Office of the United Nations High Commissioner for Human Rights and other relevant actors; 2. Supports the realization of the mandate of the Working Group as renewed for a period of two years by the Human Rights Council in its resolution 4/4,2H6 with the recognition that the Working Group will convene annual sessions of five working days and present its reports to the Council; 3. Also supports the realization of the mandate of the high-level task force on the implementation of the right to development, established within the framework of the Working Group, as renewed for a period of two years by the Human Rights Council in its resolution 4/4, with the further recognition that the task force will convene annual sessions of seven working days and present its reports to the Working Group; 4. Emphasizes the relevant provisions of General Assembly resolution 60/251 of 15 March 2006 establishing the Human Rights Council, and in this regard calls upon the Council to implement the agreement: (a) To promote and advance sustainable development and the achievement of the Millennium Development Goals; (b) To agree on a programme of work that will lead to raising the right to development, as set out in paragraphs 5 and 10 of the Vienna Declaration and Programme of Action,3H3 to the same level and on a par with all other human rights and fundamental freedoms; 5. Notes with appreciation that the high-level task force, at its second meeting, examined millennium development goal 8, on developing a global partnership for development, and suggested criteria for its periodic evaluation with the aim of improving the effectiveness of global partnership with regard to the realization of the right to development; 9F10 6. Stresses the importance of endorsement of the road map outlined in paragraphs 52 to 54 of the report of the Working Group on its eighth session, which would ensure that the criteria for the periodic evaluation of global partnerships, as identified in millennium development goal 8, prepared by the high-level task force and being progressively developed and refined by the Working Group, are extended to other components of millennium development goal 8 no later than 2009; _______________ 10 See E/CN.4/2005/WG.18/TF/3. A/RES/62/161 4 7. Also stresses that the above criteria, as endorsed by the Working Group, should be used, as appropriate, in the elaboration of a comprehensive and coherent set of standards for the implementation of the right to development; 8. Emphasizes the importance that, upon completion of the above phases, the Working Group take appropriate steps for ensuring respect for and practical application of these standards, which could take various forms, including guidelines on the implementation of the right to development, and evolve into a basis for consideration of an international legal standard of a binding nature, through a collaborative process of engagement; 9. Stresses the importance of the core principles contained in the conclusions of the Working Group at its third session,10F11 congruent with the purpose of international human rights instruments, such as equality, non-discrimination, accountability, participation and international cooperation, as critical to mainstreaming the right to development at the national and international levels, and underlines the importance of the principles of equity and transparency; 10. Also stresses that it is important that the high-level task force and the Working Group, in the discharge of their mandates, take into account the need: (a) To promote the democratization of the system of international governance in order to increase the effective participation of developing countries in international decision-making; (b) To also promote effective partnerships such as the New Partnership for Africa’s Development 4H9 and other similar initiatives with the developing countries, particularly the least developed countries, for the purpose of the realization of their right to development, including the achievement of the Millennium Development Goals; (c) To strive for greater acceptance, operationalization and realization of the right to development at the international level, while urging all States to undertake at the national level the necessary policy formulation and to institute the measures required for the implementation of the right to development as a fundamental human right, and also urging all States to expand and deepen mutually beneficial cooperation in ensuring development and eliminating obstacles to development in the context of promoting effective international cooperation for the realization of the right to development, bearing in mind that lasting progress towards the implementation of the right to development requires effective development policies at the national level as well as equitable economic relations and a favourable economic environment at the international level; (d) To consider ways and means to continue to ensure the operationalization of the right to development as a priority, including through further consideration of the elaboration of a convention on the right to development; (e) To mainstream the right to development in the policies and operational activities of the United Nations and the specialized agencies, programmes and funds, as well as in policies and strategies of the international financial and multilateral trading systems, taking into account in this regard that the core principles of the international economic, commercial and financial spheres, such as equity, non-discrimination, transparency, accountability, participation and _______________ 11 E/CN.4/2002/28/Rev.1, sect. VIII.A. A/RES/62/161 5 international cooperation, including effective partnerships for development, are indispensable in achieving the right to development and preventing discriminatory treatment arising out of political or other non-economic considerations, in addressing the issues of concern to the developing countries; 11. Requests the Human Rights Council to ensure that its Advisory Committee pursues the ongoing work of the Subcommission on the Promotion and Protection of Human Rights on the right to development, in accordance with the relevant provisions of General Assembly and Commission on Human Rights resolutions, and in compliance with decisions to be taken by the Human Rights Council, and requests the Secretary-General to report on progress in this regard to the Assembly at its sixty-third session; 12. Invites Member States and all other stakeholders to participate actively in future sessions of the Social Forum, while recognizing the strong support extended to the Forum at its previous four sessions by the Subcommission on the Promotion and Protection of Human Rights; 13. Reaffirms the commitment to implement the goals and targets set out in all the outcome documents of the major United Nations conferences and summits and their review processes, in particular those relating to the realization of the right to development, recognizing that the realization of the right to development is critical to achieving the objectives, goals and targets set in those outcome documents; 14. Also reaffirms that the realization of the right to development is essential to the implementation of the Vienna Declaration and Programme of Action, which regards all human rights as universal, indivisible, interdependent and interrelated, places the human person at the centre of development and recognizes that, while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights; 15. Stresses that the primary responsibility for the promotion and protection of all human rights lies with the State, and reaffirms that States have the primary responsibility for their own economic and social development and that the role of national policies and development strategies cannot be overemphasized; 16. Reaffirms the primary responsibility of States to create national and international conditions favourable to the realization of the right to development, as well as their commitment to cooperate with each other to that end; 17. Also reaffirms the need for an international environment that is conducive to the realization of the right to development; 18. Stresses the need to strive for greater acceptance, operationalization and realization of the right to development at the international and national levels, and calls upon States to institute the measures required for the implementation of the right to development as a fundamental human right; 19. Emphasizes the critical importance of identifying and analysing obstacles impeding the full realization of the right to development at both the national and the international levels; 20. Affirms that, while globalization offers both opportunities and challenges, the process of globalization remains deficient in achieving the objectives of integrating all countries into a globalized world, and stresses the need for policies A/RES/62/161 6 and measures at the national and global levels to respond to the challenges and opportunities of globalization if this process is to be made fully inclusive and equitable; 21. Recognizes that, despite continuous efforts on the part of the international community, the gap between developed and developing countries remains unacceptably wide, that developing countries continue to face difficulties in participating in the globalization process and that many risk being marginalized and effectively excluded from its benefits; 22. Underlines the fact that the international community is far from meeting the target set in the United Nations Millennium Declaration5H4 of halving the number of people living in poverty by 2015, reaffirms the commitment made to meet that target, and emphasizes the principle of international cooperation, including partnership and commitment, between developed and developing countries towards achieving the goal; 23. Urges developed countries that have not yet done so to make concrete efforts towards meeting the targets of 0.7 per cent of their gross national product for official development assistance to developing countries and 0.15 to 0.2 per cent of their gross national product to least developed countries, and encourages developing countries to build on the progress achieved in ensuring that official development assistance is used effectively to help to meet development goals and targets; 24. Recognizes the need to address market access for developing countries, including in agriculture, services and non-agricultural products, in particular those of interest to developing countries; 25. Calls for the implementation of a desirable pace of meaningful trade liberalization, including in areas under negotiation; implementation of commitments on implementation-related issues and concerns; review of special and differential-treatment provisions, with a view to strengthening them and making them more precise, effective and operational; avoidance of new forms of protectionism; and capacity-building and technical assistance for developing countries as important issues in making progress towards the effective implementation of the right to development; 26. Recognizes the important link between the international economic, commercial and financial spheres and the realization of the right to development, stresses, in this regard, the need for good governance and broadening the base of decision-making at the international level on issues of development concern and the need to fill organizational gaps, as well as strengthen the United Nations system and other multilateral institutions, and also stresses the need to broaden and strengthen the participation of developing countries and countries with economies in transition in international economic decision-making and norm-setting; 27. Also recognizes that good governance and the rule of law at the national level assist all States in the promotion and protection of human rights, including the right to development, and agrees on the value of the ongoing efforts being made by States to identify and strengthen good governance practices, including transparent, responsible, accountable and participatory government, that are responsive and appropriate to their needs and aspirations, including in the context of agreed partnership approaches to development, capacity-building and technical assistance; 28. Further recognizes the important role and the rights of women and the application of a gender perspective as a cross-cutting issue in the process of realizing the right to development, and notes in particular the positive relationship A/RES/62/161 7 between women’s education and their equal participation in the civil, cultural, economic, political and social activities of the community and the promotion of the right to development; 29. Stresses the need for the integration of the rights of children, girls and boys alike, in all policies and programmes, and for ensuring the promotion and protection of those rights, especially in areas relating to health, education and the full development of their capacities; 30. Welcomes the Political Declaration on HIV/AIDS adopted at the High- level Meeting of the General Assembly on 2 June 2006, 1F12 stresses that further and additional measures must be taken at the national and international levels to fight HIV/AIDS and other communicable diseases, taking into account ongoing efforts and programmes, and reiterates the need for international assistance in this regard; 31. Takes note with appreciation of the adoption of the Convention on the Rights of Persons with Disabilities 12F 13 on 13 December 2006, and notes that the Convention is open for signature; 32. Emphasizes its commitment to indigenous peoples in the process of realization of the right to development, and stresses the commitment to ensure their rights in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security recognized in international human rights obligations and highlighted in the United Nations Declaration on the Rights of Indigenous Peoples as adopted by the General Assembly in its resolution 61/295 of 13 September 2007; 33. Recognizes the need for strong partnerships with civil society organizations and the private sector in pursuit of poverty eradication and development, as well as for corporate social responsibility; 34. Emphasizes the urgent need for taking concrete and effective measures to prevent, combat and criminalize all forms of corruption at all levels, to prevent, detect and deter in a more effective manner international transfers of illicitly acquired assets and to strengthen international cooperation in asset recovery consistent with the principles of the United Nations Convention against Corruption, 13F14 particularly chapter V thereof, stresses the importance of a genuine political commitment on the part of all Governments through a firm legal framework, and in this context urges States to sign and ratify as soon as possible, and States parties to implement effectively, the Convention; 35. Also emphasizes the need to strengthen further the activities of the Office of the United Nations High Commissioner for Human Rights in the promotion and realization of the right to development, including ensuring effective use of the financial and human resources necessary to fulfil its mandate, and calls upon the Secretary-General to provide the Office of the High Commissioner with the necessary resources; 36. Reaffirms the request to the High Commissioner, in mainstreaming the right to development, to undertake effectively activities aimed at strengthening the global partnership for development between Member States, development agencies _______________ 12 Resolution 60/262, annex. 13 Resolution 61/106, annex I. 14 United Nations, Treaty Series, vol. 2349, No. 42146. A/RES/62/161 8 and the international development, financial and trade institutions, and to reflect those activities in detail in her next report to the Human Rights Council; 37. Calls upon the United Nations agencies, funds and programmes, as well as the specialized agencies, to mainstream the right to development in their operational programmes and objectives, and stresses the need for the international financial and multilateral trading systems to mainstream the right to development in their policies and objectives; 38. Requests the Secretary-General to bring the present resolution to the attention of Member States, United Nations organs and bodies, specialized agencies, funds and programmes, international development and financial institutions, in particular the Bretton Woods institutions, and non-governmental organizations; 39. Also requests the Secretary-General to submit a report to the General Assembly at its sixty-third session and an interim report to the Human Rights Council on the implementation of the present resolution, including efforts undertaken at the national, regional and international levels in the promotion and realization of the right to development, and invites the Chairperson of the Working Group on the Right to Development to present a verbal update to the Assembly at its sixty-third session.
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A/RES/62/166
Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/439/Add.2)] 62/166. Respect for the purposes and principles contained in the Charter of the United Nations to achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms and in solving international problems of a humanitarian character The General Assembly, Recalling that, in accordance with Article 56 of the Charter of the United Nations, all Member States have pledged themselves to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55, including universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, Recalling also the Preamble to the Charter, in particular the determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and of nations large and small, Reaffirming that the promotion and protection of all human rights and fundamental freedoms must be considered a priority objective of the United Nations in accordance with its purposes and principles, in particular the purpose of international cooperation, and that, within the framework of these purposes and principles, the promotion and protection of all human rights is a legitimate concern of the international community, Considering the major changes taking place on the international scene and the aspirations of all peoples to an international order based on the principles enshrined in the Charter, including promoting and encouraging respect for human rights and fundamental freedoms for all and respect for the principle of equal rights and self- determination of peoples, peace, democracy, justice, equality, the rule of law, pluralism, development, better standards of living and solidarity, Recognizing that the international community should devise ways and means to remove current obstacles and meet the challenges to the full realization of all human rights and to prevent the continuation of human rights violations resulting therefrom throughout the world, and should continue to pay attention to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion and protection of all human rights, A/RES/62/166 2 Reaffirming that the enhancement of international cooperation in the field of human rights is essential for the full achievement of the purposes of the United Nations and that human rights and fundamental freedoms are the birthright of all human beings, the promotion and protection of such rights and freedoms being the first responsibility of Governments, Reaffirming also that all human rights are universal, indivisible, interdependent and interrelated and that the international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis, Reaffirming further the various Articles of the Charter setting out the respective powers and functions of the General Assembly, the Security Council and the Economic and Social Council, as the paramount framework for the achievement of the purposes of the United Nations, Reaffirming the commitment of all States to fulfil their obligations under other important instruments of international law, in particular those of international human rights law and international humanitarian law, Bearing in mind that, in accordance with Article 103 of the Charter, in the event of a conflict between the obligations of the Members of the United Nations under the Charter and their obligations under any other international agreement, their obligations under the Charter shall prevail, Recalling all its previous resolutions on the question, including resolution 59/204 of 20 December 2004, 1. Reiterates the solemn commitment of all States to enhance international cooperation in the field of human rights and in the solution to international problems of a humanitarian character in full compliance with the Charter of the United Nations, inter alia, by the strict observance of all the purposes and principles set forth in Articles 1 and 2 thereof; 2. Stresses the vital role of the work of the United Nations and regional arrangements, acting consistently with the purposes and principles enshrined in the Charter, in promoting and encouraging respect for human rights and fundamental freedoms, as well as in solving international problems of a humanitarian character, and affirms that all States, in these activities, must fully comply with the principles set forth in Article 2 of the Charter, in particular respecting the sovereign equality of all States and refraining from the threat or use of force against the territorial integrity or political independence of any State, or acting in any other manner inconsistent with the purposes of the United Nations; 3. Reaffirms that the United Nations shall promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, language or religion; 4. Also reaffirms that the responsibility for managing worldwide economic and social development, the promotion and protection of human rights and threats to international peace and security must be shared among the nations of the world and should be exercised multilaterally and that, as the most universal and most representative organization in the world, the United Nations must play the central role; 5. Calls upon Member States to refrain from enacting or enforcing unilateral coercive measures as tools of political, military or economic pressure against any country, in particular against developing countries, which would prevent those countries from exercising their right to decide of their own free will their own political, economic and social systems; A/RES/62/166 3 6. Calls upon all States to cooperate fully, through constructive dialogue, to ensure the promotion and protection of all human rights for all and in promoting peaceful solutions to international problems of a humanitarian character and, in their actions towards that purpose, to comply strictly with the principles and norms of international law, inter alia, by fully respecting international human rights law and international humanitarian law; 7. Requests the Secretary-General to bring the present resolution to the attention of Member States, organs, bodies and other components of the United Nations system and intergovernmental and non-governmental organizations, and to disseminate it as widely as possible; 8. Decides to consider the question at its sixty-fourth session under the item entitled “Promotion and protection of human rights”.
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A/RES/62/168
Resolution adopted by the General Assembly on 18 December 2007 [on the report of the Third Committee (A/62/439/Add.3)] 62/168. Situation of human rights in the Islamic Republic of Iran The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 0F 1 the International Covenants on Human Rights1F 2 and other international human rights instruments, Mindful that the Islamic Republic of Iran is a party to the International Covenant on Civil and Political Rights,2 the International Covenant on Economic, Social and Cultural Rights,2 the International Convention on the Elimination of All Forms of Racial Discrimination 2F3 and the Convention on the Rights of the Child, 3F4 Recalling its previous resolutions on the situation of human rights in the Islamic Republic of Iran, the most recent of which is resolution 61/176 of 19 December 2006, Regretting that no special procedure has been permitted to visit the Islamic Republic of Iran since July 2005, despite the standing invitation extended by the Government of the Islamic Republic of Iran to all human rights thematic monitoring mechanisms in April 2002, 1. Expresses its deep concern at the ongoing systematic violations of human rights and fundamental freedoms of the people of the Islamic Republic of Iran, as described in the above-mentioned resolutions, and at the failure of the Islamic Republic of Iran to implement the steps called for in those resolutions; 2. Expresses its very serious concern that, since the adoption of resolution 61/176, there have been, inter alia, confirmed instances of: (a) Torture and cruel, inhuman or degrading treatment or punishment, including flogging and amputations; (b) Public executions, including multiple public executions, and other executions carried out in the absence of respect for internationally recognized safeguards; _______________ 1 Resolution 217 A (III). 2 Resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 660, No. 9464. 4 Ibid., vol. 1577, No. 27531. A/RES/62/168 2 (c) Stoning as a method of execution, and the continued issuing of sentences of execution by stoning; (d) Execution of persons who were under the age of 18 at the time their offence was committed, contrary to the obligations of the Islamic Republic of Iran under article 37 of the Convention on the Rights of the Child4 and article 6 of the International Covenant on Civil and Political Rights;2 (e) Arrests, violent repression and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women’s human rights defenders, and continuing discrimination against women and girls in law and in practice; (f) Increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or other minorities, recognized or otherwise, including, inter alia, Arabs, Azeris, Baluchis, Kurds, Christians, Jews, Sufis and Sunni Muslims and their defenders, and, in particular, attacks on Baha’is and their faith in State-sponsored media, increasing evidence of efforts by the State to identify and monitor Baha’is, preventing members of the Baha’i faith from attending university and from sustaining themselves economically, and an increase in cases of arbitrary arrest and detention; (g) Ongoing, systemic and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including those imposed on the media and trade unions, and increasing harassment, intimidation and persecution of political opponents and human rights defenders from all sectors of Iranian society, including arrests and violent repression of labour leaders, labour members peacefully assembling and students; (h) Persistent failure to uphold due process of law rights, and violation of the rights of detainees, including the systematic and arbitrary use of prolonged solitary confinement; 3. Calls upon the Government of the Islamic Republic of Iran to respect fully its human rights obligations and in this regard to implement fully the above- mentioned resolutions, and in particular: (a) To eliminate, in law and in practice, amputations, flogging and other forms of torture and other cruel, inhuman or degrading treatment or punishment; (b) To abolish, in law and in practice, public executions and other executions carried out in the absence of respect for internationally recognized safeguards; (c) To abolish, in law and in practice, the use of stoning as a method of execution; (d) To abolish, as called for by the Committee on the Rights of the Child in its report of January 2005,4F5 executions of persons who at the time of their offence were under the age of 18; (e) To eliminate, in law and in practice, all forms of discrimination and other human rights violations against women and girls; (f) To eliminate, in law and in practice, all forms of discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or _______________ 5 See CRC/C/146. A/RES/62/168 3 other minorities, recognized or otherwise, to refrain from monitoring individuals on the basis of their religious beliefs, and to ensure that access of minorities to education and employment is on par with that of all Iranians; (g) To implement, inter alia, the 1996 report of the Special Rapporteur on religious intolerance, 5F6 which recommended ways in which the Islamic Republic of Iran could emancipate the Baha’i community; (h) To end the harassment, intimidation and persecution of political opponents and human rights defenders, including by releasing persons imprisoned arbitrarily or on the basis of their political views; (i) To uphold due process of law rights and to end impunity for human rights violations; 4. Encourages the thematic special procedures of the Human Rights Council to visit the Islamic Republic of Iran and otherwise continue their work to improve the situation of human rights in the country, and urges the Government of the Islamic Republic of Iran to live up to the commitment it made when it issued a standing invitation to special procedures by cooperating with them, and to illustrate how their subsequent recommendations are being addressed; 5. Decides to continue its examination of the situation of human rights in the Islamic Republic of Iran at its sixty-third session under the item entitled “Promotion and protection of human rights”, and to this end requests the Secretary- General to submit to it at that session a comprehensive report on the situation of human rights in the Islamic Republic of Iran. 76th plenary meeting 18 December 2007 _______________ 6 See E/CN.4/1996/95/Add.2.
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A/RES/62/20
Resolution adopted by the General Assembly on 5 December 2007 [on the report of the First Committee (A/62/389)] 62/20. Prevention of an arms race in outer space The General Assembly, Recognizing the common interest of all mankind in the exploration and use of outer space for peaceful purposes, Reaffirming the will of all States that the exploration and use of outer space, including the Moon and other celestial bodies, shall be for peaceful purposes and shall be carried out for the benefit and in the interest of all countries, irrespective of their degree of economic or scientific development, Reaffirming also the provisions of articles III and IV of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,1 Recalling the obligation of all States to observe the provisions of the Charter of the United Nations regarding the use or threat of use of force in their international relations, including in their space activities, Reaffirming paragraph 80 of the Final Document of the Tenth Special Session of the General Assembly,2 in which it is stated that in order to prevent an arms race in outer space, further measures should be taken and appropriate international negotiations held in accordance with the spirit of the Treaty, Recalling its previous resolutions on this issue, and taking note of the proposals submitted to the General Assembly at its tenth special session and at its regular sessions, and of the recommendations made to the competent organs of the United Nations and to the Conference on Disarmament, Recognizing that prevention of an arms race in outer space would avert a grave danger for international peace and security, Emphasizing the paramount importance of strict compliance with existing arms limitation and disarmament agreements relevant to outer space, including bilateral agreements, and with the existing legal regime concerning the use of outer space, _______________ 1 United Nations, Treaty Series, vol. 610, No. 8843. 2 Resolution S-10/2. A/RES/62/20 2 Considering that wide participation in the legal regime applicable to outer space could contribute to enhancing its effectiveness, Noting that the Ad Hoc Committee on the Prevention of an Arms Race in Outer Space, taking into account its previous efforts since its establishment in 1985 and seeking to enhance its functioning in qualitative terms, continued the examination and identification of various issues, existing agreements and existing proposals, as well as future initiatives relevant to the prevention of an arms race in outer space, 3 and that this contributed to a better understanding of a number of problems and to a clearer perception of the various positions, Noting also that there were no objections in principle in the Conference on Disarmament to the re-establishment of the Ad Hoc Committee, subject to re-examination of the mandate contained in the decision of the Conference on Disarmament of 13 February 1992,4 Emphasizing the mutually complementary nature of bilateral and multilateral efforts in the field of preventing an arms race in outer space, and hoping that concrete results will emerge from those efforts as soon as possible, Convinced that further measures should be examined in the search for effective and verifiable bilateral and multilateral agreements in order to prevent an arms race in outer space, including the weaponization of outer space, Stressing that the growing use of outer space increases the need for greater transparency and better information on the part of the international community, Recalling, in this context, its previous resolutions, in particular resolutions 45/55 B of 4 December 1990, 47/51 of 9 December 1992 and 48/74 A of 16 December 1993, in which, inter alia, it reaffirmed the importance of confidence- building measures as a means conducive to ensuring the attainment of the objective of the prevention of an arms race in outer space, Conscious of the benefits of confidence- and security-building measures in the military field, Recognizing that negotiations for the conclusion of an international agreement or agreements to prevent an arms race in outer space remain a priority task of the Ad Hoc Committee and that the concrete proposals on confidence-building measures could form an integral part of such agreements, Noting with satisfaction the constructive, structured and focused debate on the prevention of an arms race in outer space at the Conference on Disarmament in 2007, 1. Reaffirms the importance and urgency of preventing an arms race in outer space and the readiness of all States to contribute to that common objective, in conformity with the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies;1 2. Reaffirms its recognition, as stated in the report of the Ad Hoc Committee on the Prevention of an Arms Race in Outer Space, that the legal regime _______________ 3 Official Records of the General Assembly, Forty-ninth Session, Supplement No. 27 (A/49/27), sect. III.D (para. 5 of the quoted text). 4 CD/1125. A/RES/62/20 3 applicable to outer space does not in and of itself guarantee the prevention of an arms race in outer space, that the regime plays a significant role in the prevention of an arms race in that environment, that there is a need to consolidate and reinforce that regime and enhance its effectiveness and that it is important to comply strictly with existing agreements, both bilateral and multilateral; 3. Emphasizes the necessity of further measures with appropriate and effective provisions for verification to prevent an arms race in outer space; 4. Calls upon all States, in particular those with major space capabilities, to contribute actively to the objective of the peaceful use of outer space and of the prevention of an arms race in outer space and to refrain from actions contrary to that objective and to the relevant existing treaties in the interest of maintaining international peace and security and promoting international cooperation; 5. Reiterates that the Conference on Disarmament, as the sole multilateral disarmament negotiating forum, has the primary role in the negotiation of a multilateral agreement or agreements, as appropriate, on the prevention of an arms race in outer space in all its aspects; 6. Invites the Conference on Disarmament to complete the examination and updating of the mandate contained in its decision of 13 February 19924 and to establish an ad hoc committee as early as possible during its 2008 session; 7. Recognizes, in this respect, the growing convergence of views on the elaboration of measures designed to strengthen transparency, confidence and security in the peaceful uses of outer space; 8. Urges States conducting activities in outer space, as well as States interested in conducting such activities, to keep the Conference on Disarmament informed of the progress of bilateral and multilateral negotiations on the matter, if any, so as to facilitate its work; 9. Decides to include in the provisional agenda of its sixty-third session the item entitled “Prevention of an arms race in outer space”.
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A/RES/62/216
Resolution adopted by the General Assembly on 22 December 2007 [on the report of the First Committee (A/62/392)] 62/216. United Nations Regional Centre for Peace and Disarmament in Africa The General Assembly, Mindful of the provisions of Article 11, paragraph 1, of the Charter of the United Nations stipulating that a function of the General Assembly is to consider the general principles of cooperation in the maintenance of international peace and security, including the principles governing disarmament and arms limitation, Recalling its resolutions 40/151 G of 16 December 1985, 41/60 D of 3 December 1986, 42/39 J of 30 November 1987 and 43/76 D of 7 December 1988 on the United Nations Regional Centre for Peace and Disarmament in Africa, and its resolutions 46/36 F of 6 December 1991 and 47/52 G of 9 December 1992 on regional disarmament, including confidence-building measures, Recalling also its resolutions 48/76 E of 16 December 1993, 49/76 D of 15 December 1994, 50/71 C of 12 December 1995, 51/46 E of 10 December 1996, 52/220 of 22 December 1997, 53/78 C of 4 December 1998, 54/55 B of 1 December 1999, 55/34 D of 20 November 2000, 56/25 D of 29 November 2001, 57/91 of 22 November 2002, 58/61 of 8 December 2003, 59/101 of 3 December 2004, 60/86 of 8 December 2005 and 61/93 of 6 December 2006, Aware of the important role that the Regional Centre can play in promoting confidence-building and arms-limitation measures at the regional level, thereby promoting progress in the area of sustainable development, Taking into account the need to establish close cooperation between the Regional Centre and the Peace and Security Council of the African Union, in particular its institutions in the field of peace, disarmament and security, as well as with relevant United Nations bodies and programmes in Africa for greater effectiveness, Taking note of the report of the Secretary-General, 0F1 in which he stated that the Regional Centre’s ability to fulfil its mandate continued to be hampered by the lack of funding, in particular core funding, _______________ 1 A/62/140. A/RES/62/216 2 Deeply concerned that, as noted in the report of the Secretary-General, voluntary contributions continued to decline and remained insufficient for the Regional Centre to fulfil its mandate effectively and efficiently, and that there is no foreseeable reliable source of funding that would ensure its operational sustainability, Recalling that the General Assembly, in its resolution 60/86, requested the Secretary-General to establish, within existing resources, a Consultative Mechanism of interested States, in particular African States, for the reorganization of the Regional Centre, 1. Notes with satisfaction the conclusion of the work of the Consultative Mechanism for the Reorganization of the United Nations Regional Centre for Peace and Disarmament in Africa, which made concrete recommendations on the Centre’s future work programme, as well as on its staffing and funding; 1F2 2. Notes with appreciation the recommendations of the Consultative Mechanism on the Regional Centre’s future work programme, as well as on its staffing and funding; 3. Invites the Regional Centre, taking into account the availability of financial resources, to focus its actions on the priorities identified in the recommendations of the Consultative Mechanism; 4. Recommends that three posts (one Professional at the P-3 level and two General Service (Other level)) be established and added to the structure of the Regional Centre, and funded from the regular budget, as recommended by the Consultative Mechanism; 5. Also recommends that the operating costs of the Regional Centre be funded from the regular budget; 6. Urges all States, as well as international governmental and non-governmental organizations and foundations, to make voluntary contributions in order to strengthen the programmes and activities of the Regional Centre and facilitate their implementation; 7. Requests the Secretary-General to continue to provide the necessary support to the Regional Centre for better achievements and results; 8. Also requests the Secretary-General to facilitate close cooperation between the Regional Centre and the African Union, in particular in the areas of peace, security and development, and to continue to provide assistance towards stabilizing the financial situation of the Centre; 9. Further requests the Secretary-General to report to the General Assembly at its sixty-third session on the implementation of the present resolution; 10. Decides to include in the provisional agenda of its sixty-third session the item entitled “United Nations Regional Centre for Peace and Disarmament in Africa”. 79th plenary meeting 22 December 2007 _______________ 2 See A/62/167.
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A/RES/62/219
Resolution adopted by the General Assembly on 22 December 2007 [on the report of the Third Committee (A/62/434)] 62/219. Report of the Human Rights Council The General Assembly, Taking note of Human Rights Council resolutions 5/1 entitled “Institution- building of the United Nations Human Rights Council” and 5/2 entitled “Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council”, of 18 June 2007, 0F1 Endorses the decision of the Human Rights Council to adopt resolutions 5/1 and 5/2, including the annexes and appendices thereto. 79th plenary meeting 22 December 2007 _______________ 1 See Official Records of the General Assembly, Sixty-second Session, Supplement No. 53 (A/62/53), chap. IV, sect. A.
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A/RES/62/37
Resolution adopted by the General Assembly on 5 December 2007 [on the report of the First Committee (A/62/391)] 62/37. Renewed determination towards the total elimination of nuclear weapons The General Assembly, Recalling the need for all States to take further practical steps and effective measures towards the total elimination of nuclear weapons, with a view to achieving a peaceful and safe world free of nuclear weapons, and renewing the determination to do so, Noting that the ultimate objective of the efforts of States in the disarmament process is general and complete disarmament under strict and effective international control, Recalling its resolution 61/74 of 6 December 2006, Convinced that every effort should be made to avoid nuclear war and nuclear terrorism, Reaffirming the crucial importance of the Treaty on the Non-Proliferation of Nuclear Weapons1 as the cornerstone of the international nuclear disarmament and non-proliferation regime, and expressing regret over the lack of agreement on substantive issues at the Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, as well as over the elimination of references to nuclear disarmament and non-proliferation in the World Summit Outcome in 2005,2 the year of the sixtieth anniversary of the atomic bombings in Hiroshima and Nagasaki, Japan, Recalling the decisions and the resolution of the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons3 and the Final Document of the 2000 Review Conference of the Parties to the Treaty,4 _______________ 1 United Nations, Treaty Series, vol. 729, No. 10485. 2 See resolution 60/1. 3 See 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, Part I (NPT/CONF.1995/32 (Part I) and Corr.2), annex. 4 2000 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, Final Document, vols. I–III (NPT/CONF.2000/28 (Parts I–IV)). A/RES/62/37 2 Recognizing that the enhancement of international peace and security and the promotion of nuclear disarmament are mutually reinforcing, Reaffirming that further advancement in nuclear disarmament will contribute to consolidating the international regime for nuclear non-proliferation and thereby ensuring international peace and security, Expressing deep concern regarding the growing dangers posed by the proliferation of weapons of mass destruction, inter alia, nuclear weapons, including that caused by proliferation networks, Recognizing the importance of implementing Security Council resolution 1718 (2006) of 14 October 2006 with regard to the nuclear test proclaimed by the Democratic People’s Republic of Korea on 9 October 2006, while welcoming the recent progress achieved by the Six-Party Talks, 1. Reaffirms the importance of all States parties to the Treaty on the Non-Proliferation of Nuclear Weapons1 complying with their obligations under all the articles of the Treaty; 2. Stresses the importance of an effective Treaty review process, welcoming a successful start of the 2010 review process with the first session of the Preparatory Committee in 2007, and calls upon all States parties to the Treaty to work together to ensure that the second session of the Preparatory Committee, in 2008, is held constructively, in order to facilitate the successful outcome of the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons; 3. Reaffirms the importance of the universality of the Treaty, and calls upon States not parties to the Treaty to accede to it as non-nuclear-weapon States without delay and without conditions, and pending their accession to refrain from acts that would defeat the objective and purpose of the Treaty as well as to take practical steps in support of the Treaty; 4. Encourages further steps leading to nuclear disarmament, to which all States parties to the Treaty are committed under article VI of the Treaty, including deeper reductions in all types of nuclear weapons, and emphasizes the importance of applying irreversibility and verifiability, as well as increased transparency in a way that promotes international stability and undiminished security for all, in the process of working towards the elimination of nuclear weapons; 5. Encourages the Russian Federation and the United States of America to implement fully the Treaty on Strategic Offensive Reductions,5 which should serve as a step for further nuclear disarmament, and to undertake nuclear arms reductions beyond those provided for by the Treaty, while welcoming the progress made by nuclear-weapon States, including the Russian Federation and the United States of America, on nuclear arms reductions; 6. Encourages States to continue to pursue efforts, within the framework of international cooperation, contributing to the reduction of nuclear-weapons-related materials; _______________ 5 See CD/1674. A/RES/62/37 3 7. Calls for the nuclear-weapon States to further reduce the operational status of nuclear weapons systems in ways that promote international stability and security; 8. Stresses the necessity of a diminishing role for nuclear weapons in security policies to minimize the risk that these weapons will ever be used and to facilitate the process of their total elimination, in a way that promotes international stability and based on the principle of undiminished security for all; 9. Urges all States that have not yet done so to sign and ratify the Comprehensive Nuclear-Test-Ban Treaty6 at the earliest opportunity with a view to its early entry into force, stresses the importance of maintaining existing moratoriums on nuclear-weapon test explosions pending the entry into force of the Treaty, and reaffirms the importance of the continued development of the Treaty verification regime, including the international monitoring system, which will be required to provide assurance of compliance with the Treaty; 10. Calls upon the Conference on Disarmament to immediately resume its substantive work to its fullest, considering the developments of this year in the Conference; 11. Emphasizes the importance of the immediate commencement of negotiations on a fissile material cut-off treaty and its early conclusion, and calls upon all nuclear-weapon States and States not parties to the Treaty on the Non-Proliferation of Nuclear Weapons to declare moratoriums on the production of fissile material for any nuclear weapons or other nuclear explosive devices pending the entry into force of the Treaty; 12. Calls upon all States to redouble their efforts to prevent and curb the proliferation of nuclear and other weapons of mass destruction and their means of delivery; 13. Stresses the importance of further efforts for non-proliferation, including the universalization of the International Atomic Energy Agency comprehensive safeguards agreements and Model Protocol Additional to the Agreement(s) between State(s) and the International Atomic Energy Agency for the Application of Safeguards approved by the Board of Governors of the International Atomic Energy Agency on 15 May 19977 and the full implementation of relevant Security Council resolutions including resolution 1540 (2004) of 28 April 2004; 14. Encourages all States to undertake concrete activities to implement, as appropriate, the recommendations contained in the report of the Secretary-General on the United Nations study on disarmament and non-proliferation education, submitted to the General Assembly at its fifty-seventh session,8 and to voluntarily share information on efforts they have been undertaking to that end; 15. Encourages the constructive role played by civil society in promoting nuclear non-proliferation and nuclear disarmament. 61st plenary meeting 5 December 2007 _______________ 6 See resolution 50/245. 7 International Atomic Energy Agency, INFCIRC/540 (Corrected). 8 A/57/124.
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A/RES/63/168
Resolution adopted by the General Assembly on 18 December 2008 [on the report of the Third Committee (A/63/430/Add.2)] 63/168. Moratorium on the use of the death penalty The General Assembly, Reaffirming its resolution 62/149 of 18 December 2007 on a moratorium on the use of the death penalty, Welcoming the decisions taken by an increasing number of States to apply a moratorium on executions and the global trend towards the abolition of the death penalty, 1. Welcomes the report of the Secretary-General on the implementation of resolution 62/149, 0F1 and the conclusions and recommendations contained therein; 2. Requests the Secretary-General to provide a report on progress made in the implementation of resolution 62/149 and the present resolution, for consideration during its sixty-fifth session, and calls upon Member States to provide the Secretary-General with information in this regard; 3. Decides to continue consideration of the matter at its sixty-fifth session under the item entitled “Promotion and protection of human rights”. 70th plenary meeting 18 December 2008 _______________ 1 A/63/293 and Corr.1.
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A/RES/63/191
Resolution adopted by the General Assembly on 18 December 2008 [on the report of the Third Committee (A/63/430/Add.3 and Corr.1)] 63/191. Situation of human rights in the Islamic Republic of Iran The General Assembly, Guided by the Charter of the United Nations, as well as the Universal Declaration of Human Rights, 0F1 the International Covenants on Human Rights1F2 and other international human rights instruments, Recalling its previous resolutions on the situation of human rights in the Islamic Republic of Iran, the most recent of which is resolution 62/168 of 18 December 2007, 1. Takes note of the report of the Secretary-General submitted pursuant to its resolution 62/168,2F 3 which highlights a broad range of serious human rights violations, legal and institutional gaps and impediments to the protection of human rights and which discusses some positive developments in a few areas; 2. Expresses its deep concern at serious human rights violations in the Islamic Republic of Iran relating to, inter alia: (a) Torture and cruel, inhuman or degrading treatment or punishment, including flogging and amputations; (b) The continuing high incidence of executions carried out in the absence of internationally recognized safeguards, including public executions and executions of juveniles; (c) Persons in prison who continue to face sentences of execution by stoning; (d) Arrests, violent repression and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women’s human rights defenders, and continuing discrimination against women and girls in law and in practice; _______________ 1 Resolution 217 A (III). 2 Resolution 2200 A (XXI), annex. 3 A/63/459. A/RES/63/191 2 (e) Increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or other minorities, recognized or otherwise, including, inter alia, Arabs, Azeris, Baluchis, Kurds, Christians, Jews, Sufis and Sunni Muslims and their defenders, and, in particular, attacks on Baha’is and their faith in State-sponsored media, increasing evidence of efforts by the State to identify and monitor Baha’is, preventing members of the Baha’i faith from attending university and from sustaining themselves economically, and the arrest and detention of seven Baha’i leaders without charge or access to legal representation; (f) Ongoing, systemic and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including those imposed on the media, Internet users and trade unions, and increasing harassment, intimidation and persecution of political opponents and human rights defenders from all sectors of Iranian society, including arrests and violent repression of labour leaders, labour members peacefully assembling and students, in particular with regard to the 2008 Majles electoral process; (g) Severe limitations and restrictions on freedom of religion and belief, including the provision in the proposed draft penal code that sets out a mandatory death sentence for apostasy; (h) Persistent failure to uphold due process of law rights, and violation of the rights of detainees, including the systematic and arbitrary use of prolonged solitary confinement; 3. Calls upon the Government of the Islamic Republic of Iran to address the substantive concerns highlighted in the report of the Secretary-General and the specific calls to action found in previous resolutions of the General Assembly, and to respect fully its human rights obligations, in law and in practice, in particular: (a) To eliminate, in law and in practice, amputations, flogging and other forms of torture and other cruel, inhuman or degrading treatment or punishment; (b) To abolish, in law and in practice, public executions and other executions carried out in the absence of respect for internationally recognized safeguards; (c) To abolish, pursuant to its obligations under article 37 of the Convention on the Rights of the Child 3F4 and article 6 of the International Covenant on Civil and Political Rights, 0H2 executions of persons who at the time of their offence were under the age of 18; (d) To abolish the use of stoning as a method of execution; (e) To eliminate, in law and in practice, all forms of discrimination and other human rights violations against women and girls; (f) To eliminate, in law and in practice, all forms of discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic or other minorities, recognized or otherwise, to refrain from monitoring individuals on the basis of their religious beliefs, and to ensure that access of minorities to education and employment is on par with that of all Iranians; (g) To implement, inter alia, the 1996 report of the Special Rapporteur on religious intolerance, 4F5 which recommended ways in which the Islamic Republic of Iran could emancipate the Baha’i community; _______________ 4 United Nations, Treaty Series, vol. 1577, No. 27531. 5 See E/CN.4/1996/95/Add.2. A/RES/63/191 3 (h) To end the harassment, intimidation and persecution of political opponents and human rights defenders, including by releasing persons imprisoned arbitrarily or on the basis of their political views; (i) To uphold due process of law rights and to end impunity for human rights violations; 4. Notes the positive, though limited, gains, developments and steps discussed in the report of the Secretary-General, but remains concerned that many such steps have yet to be implemented in law or in practice; 5. Further calls upon the Government of the Islamic Republic of Iran to redress its inadequate record of cooperation with international human rights mechanisms by, inter alia, reporting pursuant to its obligations to the treaty bodies of the instruments to which it is a party and cooperating fully with all international human rights mechanisms, including facilitating visits to its territory of special procedures mandate holders, and encourages the Government of the Islamic Republic of Iran to continue exploring cooperation on human rights and justice reform with the United Nations, including the Office of the United Nations High Commissioner for Human Rights; 6. Requests an update from the Secretary-General on the situation of human rights in the Islamic Republic of Iran, including its cooperation with international human rights mechanisms, at its sixty-fourth session; 7. Decides to continue its examination of the situation of human rights in the Islamic Republic of Iran at its sixty-fourth session under the item entitled “Promotion and protection of human rights”.
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A/RES/63/30
Resolution adopted by the General Assembly on 26 November 2008 [without reference to a Main Committee (A/63/L.36 and Add.1)] 63/30. Jerusalem The General Assembly, Recalling its resolution 181 (II) of 29 November 1947, in particular its provisions regarding the City of Jerusalem, Recalling also its resolution 36/120 E of 10 December 1981 and all subsequent resolutions, including resolution 56/31 of 3 December 2001, in which it, inter alia, determined that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purported to alter the character and status of the Holy City of Jerusalem, in particular the so-called “Basic Law” on Jerusalem and the proclamation of Jerusalem as the capital of Israel, were null and void and must be rescinded forthwith, Recalling further the Security Council resolutions relevant to Jerusalem, including resolution 478 (1980) of 20 August 1980, in which the Council, inter alia, decided not to recognize the “Basic Law” on Jerusalem, Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 0F1 and recalling resolution ES-10/15 of 20 July 2004, Expressing its grave concern about any action taken by any body, governmental or non-governmental, in violation of the above-mentioned resolutions, Expressing its grave concern in particular about the continuation by Israel, the occupying Power, of illegal settlement activities, including the so-called E-1 plan, its construction of the wall in and around East Jerusalem, its restrictions on access to and residence in East Jerusalem, and the further isolation of the city from the rest of the Occupied Palestinian Territory, which is having a detrimental effect on the lives of Palestinians and could prejudge a final status agreement on Jerusalem, Reaffirming that the international community, through the United Nations, has a legitimate interest in the question of the City of Jerusalem and the protection of _______________ 1 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. A/RES/63/30 2 the unique spiritual, religious and cultural dimensions of the city, as foreseen in relevant United Nations resolutions on this matter, Having considered the report of the Secretary-General, 1F2 1. Reiterates its determination that any actions taken by Israel, the occupying Power, to impose its laws, jurisdiction and administration on the Holy City of Jerusalem are illegal and therefore null and void and have no validity whatsoever, and calls upon Israel to cease all such illegal and unilateral measures; 2. Stresses that a comprehensive, just and lasting solution to the question of the City of Jerusalem should take into account the legitimate concerns of both the Palestinian and Israeli sides and should include internationally guaranteed provisions to ensure the freedom of religion and of conscience of its inhabitants, as well as permanent, free and unhindered access to the holy places by the people of all religions and nationalities; 3. Requests the Secretary-General to report to the General Assembly at its sixty-fourth session on the implementation of the present resolution. 60th plenary meeting 26 November 2008 _______________ 2 A/63/361.
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A/RES/63/36
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/382)] 63/36. Prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons: report of the Conference on Disarmament The General Assembly, Recalling its previous resolutions on the prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons, Recalling also its resolutions 51/37 of 10 December 1996, 54/44 of 1 December 1999, 57/50 of 22 November 2002 and 60/46 of 8 December 2005 relating to the prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons, Recalling further paragraph 77 of the Final Document of the Tenth Special Session of the General Assembly, 0F1 Determined to prevent the emergence of new types of weapons of mass destruction that have characteristics comparable in destructive effect to those of weapons of mass destruction identified in the definition of weapons of mass destruction adopted by the United Nations in 1948, 1F2 Noting the desirability of keeping the matter under review, as appropriate, 1. Reaffirms that effective measures should be taken to prevent the emergence of new types of weapons of mass destruction; 2. Requests the Conference on Disarmament, without prejudice to further overview of its agenda, to keep the matter under review, as appropriate, with a view to making, when necessary, recommendations on undertaking specific negotiations on identified types of such weapons; 3. Calls upon all States, immediately following any recommendations of the Conference on Disarmament, to give favourable consideration to those recommendations; _______________ 1 Resolution S-10/2. 2 The definition was adopted by the Commission for Conventional Armaments (see S/C.3/32/Rev.1). A/RES/63/36 2 4. Requests the Secretary-General to transmit to the Conference on Disarmament all documents relating to the consideration of this item by the General Assembly at its sixty-third session; 5. Requests the Conference on Disarmament to report the results of any consideration of the matter in its annual reports to the General Assembly; 6. Decides to include in the provisional agenda of its sixty-sixth session the item entitled “Prohibition of the development and manufacture of new types of weapons of mass destruction and new systems of such weapons: report of the Conference on Disarmament”.
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A/RES/63/42
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/389)] 63/42. Implementation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction The General Assembly, Recalling its resolutions 54/54 B of 1 December 1999, 55/33 V of 20 November 2000, 56/24 M of 29 November 2001, 57/74 of 22 November 2002, 58/53 of 8 December 2003, 59/84 of 3 December 2004, 60/80 of 8 December 2005, 61/84 of 6 December 2006 and 62/41 of 5 December 2007, Reaffirming its determination to put an end to the suffering and casualties caused by anti-personnel mines, which kill or maim hundreds of people every week, mostly innocent and defenceless civilians, including children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons and have other severe consequences for years after emplacement, Believing it necessary to do the utmost to contribute in an efficient and coordinated manner to facing the challenge of removing anti-personnel mines placed throughout the world and to assure their destruction, Wishing to do the utmost in ensuring assistance for the care and rehabilitation, including the social and economic reintegration, of mine victims, Welcoming the entry into force, on 1 March 1999, of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, 0F1 and noting with satisfaction the work undertaken to implement the Convention and the substantial progress made towards addressing the global anti-personnel landmine problem, Recalling the first to eighth meetings of the States parties to the Convention, held in Maputo (1999), 1F 2 Geneva (2000), 2F 3 Managua (2001),3F 4 Geneva (2002), 4F 5 _______________ 1 United Nations, Treaty Series, vol. 2056, No. 35597. 2 See APLC/MSP.1/1999/1. 3 See APLC/MSP.2/2000/1. 4 See APLC/MSP.3/2001/1. 5 See APLC/MSP.4/2002/1. A/RES/63/42 2 Bangkok (2003), 5F6 Zagreb (2005), 6F7 Geneva (2006), 7F8 and the Dead Sea (2007) 8F9 and the First Review Conference of the States Parties to the Convention, held in Nairobi (2004), 9F10 Recalling also that at the eighth meeting of the States parties to the Convention, held at the Dead Sea from 18 to 22 November 2007,9 the international community monitored progress on implementation of the Convention and supported continued application of the Nairobi Action Plan 2005–2009, 10F 11 and established priorities to achieve further progress towards ending, for all people and for all time, the suffering caused by anti-personnel mines, Noting with satisfaction that additional States have ratified or acceded to the Convention, bringing the total number of States that have formally accepted the obligations of the Convention to one hundred and fifty-six, Emphasizing the desirability of attracting the adherence of all States to the Convention, and determined to work strenuously towards the promotion of its universalization, Noting with regret that anti-personnel mines continue to be used in conflicts around the world, causing human suffering and impeding post-conflict development, 1. Invites all States that have not signed the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction1 to accede to it without delay; 2. Urges all States that have signed but have not ratified the Convention to ratify it without delay; 3. Stresses the importance of the full and effective implementation of and compliance with the Convention, including through the continued implementation of the Nairobi Action Plan 2005–2009;11 4. Urges all States parties to provide the Secretary-General with complete and timely information as required under article 7 of the Convention in order to promote transparency and compliance with the Convention; 5. Invites all States that have not ratified the Convention or acceded to it to provide, on a voluntary basis, information to make global mine action efforts more effective; 6. Renews its call upon all States and other relevant parties to work together to promote, support and advance the care, rehabilitation and social and economic reintegration of mine victims, mine risk education programmes and the removal and destruction of anti-personnel mines placed or stockpiled throughout the world; 7. Urges all States to remain seized of the issue at the highest political level and, where in a position to do so, to promote adherence to the Convention through bilateral, subregional, regional and multilateral contacts, outreach, seminars and other means; 8. Reiterates its invitation and encouragement to all interested States, the United Nations, other relevant international organizations or institutions, regional _______________ 6 See APLC/MSP.5/2003/5. 7 See APLC/MSP.6/2005/5. 8 See APLC/MSP.7/2006/5. 9 See APLC/MSP.8/2007/6. 10 See APLC/CONF/2004/5 and Corr.1. 11 Ibid., part III. A/RES/63/42 3 organizations, the International Committee of the Red Cross and relevant non-governmental organizations to participate in the ninth meeting of the States parties to the Convention, to be held in Geneva from 24 to 28 November 2008 and in the intersessional work programme established at the first meeting of the States parties and further developed at subsequent meetings of the States parties; 9. Requests the Secretary-General, in accordance with article 12, paragraph 1, of the Convention, to undertake the preparations necessary to convene the next Review Conference of the States parties to the Convention and, pending a decision to be taken at the ninth meeting of the States parties, and on behalf of the States parties and in accordance with article 11, paragraph 4, of the Convention, to invite States not parties to the Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross and relevant non-governmental organizations to attend the Review Conference as observers; 10. Decides to remain seized of the matter.
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A/RES/63/53
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/389)] 63/53. Measures to uphold the authority of the 1925 Geneva Protocol The General Assembly, Recalling its previous resolutions on the subject, in particular resolution 61/61 of 6 December 2006, Determined to act with a view to achieving effective progress towards general and complete disarmament under strict and effective international control, Recalling the long-standing determination of the international community to achieve the effective prohibition of the development, production, stockpiling and use of chemical and biological weapons as well as the continuing support for measures to uphold the authority of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva on 17 June 1925, 0F1 as expressed by consensus in many previous resolutions, Emphasizing the necessity of easing international tension and strengthening trust and confidence between States, 1. Takes note of the note by the Secretary-General; 1F2 2. Renews its previous call to all States to observe strictly the principles and objectives of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare,1 and reaffirms the vital necessity of upholding its provisions; 3. Calls upon those States that continue to maintain reservations to the 1925 Geneva Protocol to withdraw them; 4. Requests the Secretary-General to submit to the General Assembly at its sixty-fifth session a report on the implementation of the present resolution. 61st plenary meeting 2 December 2008 _______________ 1 League of Nations, Treaty Series, vol. XCIV (1929), No. 2138. 2 A/63/91.
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A/RES/63/62
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/389)] 63/62. Consolidation of peace through practical disarmament measures The General Assembly, Recalling its resolutions 51/45 N of 10 December 1996, 52/38 G of 9 December 1997, 53/77 M of 4 December 1998, 54/54 H of 1 December 1999, 55/33 G of 20 November 2000, 56/24 P of 29 November 2001 and 57/81 of 22 November 2002, its decision 58/519 of 8 December 2003, as well as its resolutions 59/82 of 3 December 2004 and 61/76 of 6 December 2006 entitled “Consolidation of peace through practical disarmament measures”, Convinced that a comprehensive and integrated approach towards certain practical disarmament measures often is a prerequisite to maintaining and consolidating peace and security and thus provides a basis for effective post-conflict peacebuilding; such measures include collection and responsible disposal, preferably through destruction, of weapons obtained through illicit trafficking or illicit manufacture as well as of weapons and ammunition declared by competent national authorities to be surplus to requirements, particularly with regard to small arms and light weapons, unless another form of disposition or use has been officially authorized and provided that such weapons have been duly marked and registered; confidence-building measures; disarmament, demobilization and reintegration of former combatants; demining; and conversion, Noting with satisfaction that the international community is more than ever aware of the importance of such practical disarmament measures, especially with regard to the growing problems arising from the excessive accumulation and uncontrolled spread of small arms and light weapons, including their ammunition, which pose a threat to peace and security and reduce the prospects for economic development in many regions, particularly in post-conflict situations, Stressing that further efforts are needed in order to develop and effectively implement programmes of practical disarmament in affected areas as part of disarmament, demobilization and reintegration measures so as to complement, on a case-by-case basis, peacekeeping and peacebuilding efforts, A/RES/63/62 2 Taking note with appreciation of the report of the Secretary-General on prevention of armed conflict,0F 1 which, inter alia, refers to the role which the proliferation and the illicit transfer of small arms and light weapons play in the context of the build-up and sustaining of conflicts, Taking note of the statement by the President of the Security Council of 31 August 2001 1F2 underlining the importance of practical disarmament measures in the context of armed conflicts, and, with regard to disarmament, demobilization and reintegration programmes, emphasizing the importance of measures to contain the security risks stemming from the use of illicit small arms and light weapons, Taking note also of the report of the Secretary-General prepared with the assistance of the Group of Governmental Experts on Small Arms 2F3 and, in particular, the recommendations contained therein, as an important contribution to the consolidation of the peace process through practical disarmament measures, Welcoming the work of the United Nations Coordinating Action on Small Arms mechanism, which was established by the Secretary-General to bring about a holistic and multidisciplinary approach to this complex and multifaceted global problem, Welcoming also the establishment, within the United Nations system, of the Programme of Action Implementation Support System, which provides a comprehensive tool to facilitate international cooperation and assistance for the implementation of practical disarmament measures, including the matching of assistance needs with available resources, Welcoming further the reports of the first, second and third biennial meetings of States to consider the implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, held in New York from 7 to 11 July 2003, 3F4 from 11 to 15 July 2005 4F5 and from 14 to 18 July 2008, 5F6 1. Stresses the particular relevance of the “Guidelines on conventional arms control/limitation and disarmament, with particular emphasis on consolidation of peace in the context of General Assembly resolution 51/45 N”, adopted by the Disarmament Commission by consensus at its 1999 substantive session;6F7 2. Takes note of the report of the Secretary-General on the consolidation of peace through practical disarmament measures, submitted pursuant to resolution 61/76, 7F8 and once again encourages Member States as well as regional arrangements and agencies to lend their support to the implementation of recommendations contained therein; 3. Emphasizes the importance of including in United Nations-mandated peacekeeping missions, as appropriate and with the consent of the host State, _______________ 1 A/55/985-S/2001/574 and Corr.1. 2 S/PRST/2001/21; see Resolutions and Decisions of the Security Council, 1 January 2001–31 July 2002. 3 A/61/288. 4 A/CONF.192/BMS/2003/1. 5 A/CONF.192/BMS/2005/1. 6 A/CONF.192/BMS/2008/3. 7 Official Records of the General Assembly, Fifty-fourth Session, Supplement No. 42 (A/54/42), annex III. 8 A/63/261. A/RES/63/62 3 practical disarmament measures aimed at addressing the problem of the illicit trade in small arms and light weapons in conjunction with disarmament, demobilization and reintegration programmes aimed at former combatants, with a view to promoting an integrated comprehensive and effective weapons management strategy that would contribute to a sustainable peacebuilding process; 4. Welcomes the activities undertaken by the Group of Interested States, and invites the Group to continue to promote, on the basis of lessons learned from previous disarmament and peacebuilding projects, new practical disarmament measures to consolidate peace, especially as undertaken or designed by affected States themselves, regional and subregional organizations as well as United Nations agencies; 5. Encourages Member States, also in the framework of the Group of Interested States, to continue to lend their support to the Secretary-General, relevant international, regional and subregional organizations, in accordance with Chapter VIII of the Charter of the United Nations, and non-governmental organizations in responding to requests by Member States to collect and destroy small arms and light weapons, including their ammunition, in post-conflict situations; 6. Welcomes the synergies within the multi-stakeholder process, including Governments, the United Nations system, regional and subregional organizations and institutions as well as non-governmental organizations in support of practical disarmament measures and the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in All Its Aspects; 8F9 7. Requests the Secretary-General to submit to the General Assembly at its sixty-fifth session a report on the implementation of practical disarmament measures, taking into consideration the activities of the Group of Interested States in this regard; 8. Decides to include in the provisional agenda of its sixty-fifth session the item entitled “Consolidation of peace through practical disarmament measures”. 61st plenary meeting 2 December 2008 _______________ 9 See Report of the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects, New York, 9–20 July 2001 (A/CONF.192/15), chap. IV, para. 24.
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A/RES/63/63
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/389)] 63/63. Establishment of a nuclear-weapon-free zone in Central Asia The General Assembly, Recalling its resolutions 52/38 S of 9 December 1997, 53/77 A of 4 December 1998, 55/33 W of 20 November 2000, 57/69 of 22 November 2002 and 61/88 of 6 December 2006, and its decisions 54/417 of 1 December 1999, 56/412 of 29 November 2001, 58/518 of 8 December 2003, 59/513 of 3 December 2004 and 60/516 of 8 December 2005, Convinced that the establishment of nuclear-weapon-free zones contributes to the achievement of general and complete disarmament, and emphasizing the importance of internationally recognized treaties on the establishment of such zones in different regions of the world in the strengthening of the non-proliferation regime, Considering that the establishment of a nuclear-weapon-free zone in Central Asia on the basis of arrangements freely arrived at among the States of the region 0F1 constitutes an important step towards strengthening the nuclear non-proliferation regime and ensuring regional and international peace and security, Considering also the establishment of a nuclear-weapon-free zone in Central Asia as an effective contribution to combating international terrorism and preventing nuclear materials and technologies from falling into the hands of non-State actors, primarily terrorists, Reaffirming the universally recognized role of the United Nations in the establishment of nuclear-weapon-free zones, Emphasizing the role of a nuclear-weapon-free zone in Central Asia in promoting cooperation in the peaceful uses of nuclear energy and in the environmental rehabilitation of territories affected by radioactive contamination, and the importance of stepping up efforts to ensure the safe and reliable storage of radioactive waste in the Central Asian States, _______________ 1 Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. A/RES/63/63 2 Recognizing the importance of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia, signed in Semipalatinsk, Kazakhstan, on 8 September 2006, and emphasizing its significance in the attainment of peace and security, 1. Welcomes the ratification of the Treaty on a Nuclear-Weapon-Free Zone in Central Asia by Kyrgyzstan, Turkmenistan and Uzbekistan; 2. Notes the readiness of the Central Asian countries to continue consultations with the nuclear-weapon States on a number of provisions of the Treaty; 3. Welcomes the convening of an international conference on the problem of uranium tailings, to be held in Bishkek in 2009, and calls upon the specialized agencies of the United Nations and other stakeholders to participate in that conference; 4. Decides to include in the provisional agenda of its sixty-fifth session the item entitled “Establishment of a nuclear-weapon-free zone in Central Asia”.
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A/RES/63/64
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/389)] 63/64. The Hague Code of Conduct against Ballistic Missile Proliferation The General Assembly, Concerned about the increasing regional and global security challenges caused, inter alia, by the ongoing proliferation of ballistic missiles capable of delivering weapons of mass destruction, Bearing in mind the purposes and principles of the United Nations and its role and responsibility in the field of international peace and security in accordance with the Charter of the United Nations, Emphasizing the significance of regional and international efforts to prevent and curb comprehensively the proliferation of ballistic missile systems capable of delivering weapons of mass destruction, as a contribution to international peace and security, Welcoming the adoption of the Hague Code of Conduct against Ballistic Missile Proliferation on 25 November 2002 at The Hague, 0F1 and convinced that the Code of Conduct will contribute to enhancing transparency and confidence among States, Recalling its resolution 60/62 of 8 December 2005 entitled “The Hague Code of Conduct against Ballistic Missile Proliferation”, Confirming its commitment to the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, as contained in the annex to its resolution 51/122 of 13 December 1996, Recognizing that States should not be excluded from utilizing the benefits of space for peaceful purposes, but that in reaping such benefits and in conducting related cooperation they must not contribute to the proliferation of ballistic missiles capable of carrying weapons of mass destruction, _______________ 1 A/57/724, enclosure. A/RES/63/64 2 Mindful of the need to combat the proliferation of weapons of mass destruction and their means of delivery, 1. Notes with satisfaction that one hundred and thirty States have already subscribed to the Hague Code of Conduct against Ballistic Missile Proliferation1 as a practical step against the proliferation of weapons of mass destruction and their means of delivery; 2. Invites all States that have not yet subscribed to the Code of Conduct to do so; 3. Encourages the exploration of further ways and means to deal effectively with the problem of the proliferation of ballistic missiles capable of delivering weapons of mass destruction; 4. Decides to include in the provisional agenda of its sixty-fourth session the item entitled “The Hague Code of Conduct against Ballistic Missile Proliferation”.
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A/RES/63/75
Resolution adopted by the General Assembly on 2 December 2008 [on the report of the First Committee (A/63/390)] 63/75. Convention on the Prohibition of the Use of Nuclear Weapons The General Assembly, Convinced that the use of nuclear weapons poses the most serious threat to the survival of mankind, Bearing in mind the advisory opinion of the International Court of Justice of 8 July 1996 on the Legality of the Threat or Use of Nuclear Weapons, 0F1 Convinced that a multilateral, universal and binding agreement prohibiting the use or threat of use of nuclear weapons would contribute to the elimination of the nuclear threat and to the climate for negotiations leading to the ultimate elimination of nuclear weapons, thereby strengthening international peace and security, Conscious that some steps taken by the Russian Federation and the United States of America towards a reduction of their nuclear weapons and the improvement in the international climate can contribute towards the goal of the complete elimination of nuclear weapons, Recalling that paragraph 58 of the Final Document of the Tenth Special Session of the General Assembly1F2 states that all States should actively participate in efforts to bring about conditions in international relations among States in which a code of peaceful conduct of nations in international affairs could be agreed upon and that would preclude the use or threat of use of nuclear weapons, Reaffirming that any use of nuclear weapons would be a violation of the Charter of the United Nations and a crime against humanity, as declared in its resolutions 1653 (XVI) of 24 November 1961, 33/71 B of 14 December 1978, 34/83 G of 11 December 1979, 35/152 D of 12 December 1980 and 36/92 I of 9 December 1981, _______________ 1 A/51/218, annex; see also Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996, p. 226. 2 See resolution S-10/2. A/RES/63/75 2 Determined to achieve an international convention prohibiting the development, production, stockpiling and use of nuclear weapons, leading to their ultimate destruction, Stressing that an international convention on the prohibition of the use of nuclear weapons would be an important step in a phased programme towards the complete elimination of nuclear weapons, with a specified framework of time, Noting with regret that the Conference on Disarmament, during its 2008 session, was unable to undertake negotiations on this subject as called for in General Assembly resolution 62/51 of 5 December 2007, 1. Reiterates its request to the Conference on Disarmament to commence negotiations in order to reach agreement on an international convention prohibiting the use or threat of use of nuclear weapons under any circumstances; 2. Requests the Conference on Disarmament to report to the General Assembly on the results of those negotiations.
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A/RES/63/92
Resolution adopted by the General Assembly on 5 December 2008 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/63/400)] 63/92. Persons displaced as a result of the June 1967 and subsequent hostilities The General Assembly, Recalling its resolutions 2252 (ES-V) of 4 July 1967, 2341 B (XXII) of 19 December 1967 and all subsequent related resolutions, Recalling also Security Council resolutions 237 (1967) of 14 June 1967 and 259 (1968) of 27 September 1968, Taking note of the report of the Secretary-General submitted in pursuance of its resolution 62/103 of 17 December 2007, 0F1 Taking note also of the report of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East covering the period from 1 January to 31 December 2007, 1F2 Concerned about the continuing human suffering resulting from the June 1967 and subsequent hostilities, Taking note of the relevant provisions of the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 2F3 with regard to the modalities for the admission of persons displaced in 1967, and concerned that the process agreed upon has not yet been effected, 1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967; 2. Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 13 September 19933 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons; _______________ 1 A/63/315. 2 Official Records of the General Assembly, Sixty-third Session, Supplement No. 13 (A/63/13). 3 A/48/486-S/26560, annex. A/RES/63/92 2 3. Endorses, in the meanwhile, the efforts of the Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East to continue to provide humanitarian assistance, as far as practicable, on an emergency basis, and as a temporary measure, to persons in the area who are currently displaced and in serious need of continued assistance as a result of the June 1967 and subsequent hostilities; 4. Strongly appeals to all Governments and to organizations and individuals to contribute generously to the Agency and to the other intergovernmental and non-governmental organizations concerned for the above-mentioned purposes; 5. Requests the Secretary-General, after consulting with the Commissioner- General, to report to the General Assembly before its sixty-fourth session on the progress made with regard to the implementation of the present resolution.
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A/RES/63/96
Resolution adopted by the General Assembly on 5 December 2008 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/63/401)] 63/96. Applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory, including East Jerusalem, and the other occupied Arab territories The General Assembly, Recalling its relevant resolutions, including its resolution 62/107 of 17 December 2007, Bearing in mind the relevant resolutions of the Security Council, Recalling the Regulations annexed to the Hague Convention IV of 1907, 0F1 the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1F2 and relevant provisions of customary law, including those codified in Additional Protocol I,2F3 to the four Geneva Conventions, 3F4 Having considered the report of the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories 4F5 and the relevant reports of the Secretary-General,5F6 Considering that the promotion of respect for the obligations arising from the Charter of the United Nations and other instruments and rules of international law is among the basic purposes and principles of the United Nations, _______________ 1 See Carnegie Endowment for International Peace, The Hague Conventions and Declarations of 1899 and 1907 (New York, Oxford University Press, 1915). 2 United Nations, Treaty Series, vol. 75, No. 973. 3 Ibid., vol. 1125, No. 17512. 4 Ibid., vol. 75, Nos. 970-973. 5 See A/63/273. 6 A/63/482-484, 518 and 519. A/RES/63/96 2 Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice, 6F 7 and also recalling General Assembly resolution ES-10/15 of 20 July 2004, Noting in particular the Court’s reply, including that the Fourth Geneva Convention 0H2 is applicable in the Occupied Palestinian Territory, including East Jerusalem, and that Israel is in breach of several of the provisions of the Convention, Recalling the Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, held on 15 July 1999, as well as the Declaration adopted by the reconvened Conference on 5 December 2001 and the need for the parties to follow up the implementation of the Declaration, Welcoming and encouraging the initiatives by States parties to the Convention, both individually and collectively, according to article 1 common to the four Geneva Conventions, aimed at ensuring respect for the Convention, Stressing that Israel, the occupying Power, should comply strictly with its obligations under international law, including international humanitarian law, 1. Reaffirms that the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949,2 is applicable to the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967; 2. Demands that Israel accept the de jure applicability of the Convention in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967, and that it comply scrupulously with the provisions of the Convention; 3. Calls upon all High Contracting Parties to the Convention, in accordance with article 1 common to the four Geneva Conventions 1H4 and as mentioned in the advisory opinion of the International Court of Justice of 9 July 2004,7 to continue to exert all efforts to ensure respect for its provisions by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, and other Arab territories occupied by Israel since 1967; 4. Reiterates the need for speedy implementation of the relevant recommendations contained in the resolutions adopted by the General Assembly at its tenth emergency special session, including resolution ES-10/15, with regard to ensuring respect by Israel, the occupying Power, for the provisions of the Convention; 5. Requests the Secretary-General to report to the General Assembly at its sixty-fourth session on the implementation of the present resolution. 64th plenary meeting 5 December 2008 _______________ 7 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136.
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A/RES/63/97
Resolution adopted by the General Assembly on 5 December 2008 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/63/401)] 63/97. Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan The General Assembly, Guided by the principles of the Charter of the United Nations, and affirming the inadmissibility of the acquisition of territory by force, Recalling its relevant resolutions, including resolution 62/108 of 17 December 2007, as well as those resolutions adopted at its tenth emergency special session, Recalling also relevant Security Council resolutions, including resolutions 242 (1967) of 22 November 1967, 446 (1979) of 22 March 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 478 (1980) of 20 August 1980, 497 (1981) of 17 December 1981 and 904 (1994) of 18 March 1994, Reaffirming the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 0F1 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan, Considering that the transfer by the occupying Power of parts of its own civilian population into the territory it occupies constitutes a breach of the Fourth Geneva Convention 0H1 and relevant provisions of customary law, including those codified in Additional Protocol I1F2 to the four Geneva Conventions, 2F3 Recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 3F4 and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-10/17 of 15 December 2006, _______________ 1 United Nations, Treaty Series, vol. 75, No. 973. 2 Ibid., vol. 1125, No. 17512. 3 Ibid., vol. 75, Nos. 970-973. 4 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. A/RES/63/97 2 Noting that the International Court of Justice concluded that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law”, 4F5 Taking note of the recent report of the Special Rapporteur of the Human Rights Council on the situation of human rights in the Palestinian territories occupied by Israel since 1967, 5F6 Recalling the Declaration of Principles on Interim Self-Government Arrangements of 13 September 19936F 7 and the subsequent implementation agreements between the Palestinian and Israeli sides, Recalling also the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict,7F 8 and noting specifically its call for a freeze on all settlement activity, Aware that Israeli settlement activities involve, inter alia, the transfer of nationals of the occupying Power into the occupied territories, the confiscation of land, the exploitation of natural resources and other actions against the Palestinian civilian population that are contrary to international law, Bearing in mind the detrimental impact of Israeli settlement policies, decisions and activities on efforts to achieve peace in the Middle East, Expressing grave concern about the continuation by Israel, the occupying Power, of settlement activities in the Occupied Palestinian Territory, in violation of international humanitarian law, relevant United Nations resolutions and the agreements reached between the parties, and concerned particularly about Israel’s construction and expansion of settlements in and around Occupied East Jerusalem, including its so-called E-1 plan that aims to connect its illegal settlements around and further isolate Occupied East Jerusalem, and in the Jordan Valley, Expressing grave concern also about the continuing unlawful construction by Israel of the wall inside the Occupied Palestinian Territory, including in and around East Jerusalem, and expressing its concern in particular about the route of the wall in departure from the Armistice Line of 1949, which is causing humanitarian hardship and a serious decline of socio-economic conditions for the Palestinian people, is fragmenting the territorial contiguity of the Territory, and could prejudge future negotiations and make the two-State solution physically impossible to implement, Deeply concerned that the wall’s route has been traced in such a way as to include the great majority of the Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, Deploring settlement activities in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan and any activities involving the confiscation of land, the disruption of the livelihood of protected persons and the de facto annexation of land, _______________ 5 See A/ES-10/273 and Corr.1, advisory opinion, para. 120; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. 6 See A/63/326. 7 A/48/486-S/26560, annex. 8 S/2003/529, annex. A/RES/63/97 3 Recalling the need to end all acts of violence, including acts of terror, provocation, incitement and destruction, Gravely concerned about the rising incidents of violence by illegal armed Israeli settlers in the Occupied Palestinian Territory against Palestinian civilians and their properties and agricultural lands, Noting the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map, Taking note of the relevant reports of the Secretary-General, 8F9 Taking note also of the special meeting of the Security Council convened on 26 September 2008, 1. Reaffirms that the Israeli settlements in the Palestinian territory, including East Jerusalem, and in the occupied Syrian Golan are illegal and an obstacle to peace and economic and social development; 2. Calls upon Israel to accept the de jure applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, 1H1 to the Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan and to abide scrupulously by the provisions of the Convention, in particular article 49; 3. Notes the Israeli withdrawal from within the Gaza Strip and parts of the northern West Bank and the importance of the dismantlement of the settlements therein as a step towards the implementation of the road map 2H8 and the need for the parties to speedily resolve all remaining issues in the Gaza Strip; 4. Calls upon Israel, the occupying Power, to comply strictly with its obligations under international law, including international humanitarian law, with respect to the alteration of the character, status and demographic composition of the Occupied Palestinian Territory, including East Jerusalem; 5. Reiterates its demand for the immediate and complete cessation of all Israeli settlement activities in all of the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan, and calls in this regard for the full implementation of the relevant Security Council resolutions, including resolution 465 (1980); 6. Demands that Israel, the occupying Power, comply with its legal obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the International Court of Justice; 3H4 7. Reiterates its calls for the prevention of all acts of violence and harassment by Israeli settlers, especially against Palestinian civilians and their properties and agricultural lands, and stresses the need for the implementation of Security Council resolution 904 (1994), in which the Council called upon Israel, the occupying Power, to continue to take and implement measures, including confiscation of arms, aimed at preventing illegal acts of violence by Israeli settlers, and called for measures to be taken to guarantee the safety and protection of the Palestinian civilians in the occupied territory; _______________ 9 A/63/482-484, 518 and 519; see also A/63/273. A/RES/63/97 4 8. Requests the Secretary-General to report to the General Assembly at its sixty-fourth session on the implementation of the present resolution.
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A/RES/64/105
Resolution adopted by the General Assembly on 10 December 2009 [on the report of the Special Political and Decolonization Committee (Fourth Committee) (A/64/413)] 64/105. Dissemination of information on decolonization The General Assembly, Having examined the chapter of the report of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples relating to the dissemination of information on decolonization and publicity for the work of the United Nations in the field of decolonization, 0F1 Recalling General Assembly resolution 1514 (XV) of 14 December 1960, containing the Declaration on the Granting of Independence to Colonial Countries and Peoples, and other resolutions and decisions of the United Nations concerning the dissemination of information on decolonization, in particular Assembly resolution 63/109 of 5 December 2008, Recognizing the need for flexible, practical and innovative approaches towards reviewing the options of self-determination for the peoples of Non-Self-Governing Territories with a view to implementing the plan of action for the Second International Decade for the Eradication of Colonialism, 1F2 Reiterating the importance of dissemination of information as an instrument for furthering the aims of the Declaration, and mindful of the role of world public opinion in effectively assisting the peoples of Non-Self-Governing Territories to achieve self-determination, Recognizing the role played by the administering Powers in transmitting information to the Secretary-General in accordance with the terms of Article 73 e of the Charter of the United Nations, Recognizing also the role of the Department of Public Information of the Secretariat, through the United Nations information centres, in the dissemination of information at the regional level on the activities of the United Nations, _______________ 1 Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 23 and corrigendum (A/64/23 and Corr.2), chap. III. 2 A/56/61, annex. A/RES/64/105 2 Recalling the issuance by the Department of Public Information, in consultation with the United Nations Development Programme, the specialized agencies and the Special Committee, of an information leaflet on assistance programmes available to the Non-Self-Governing Territories, Aware of the role of non-governmental organizations in the dissemination of information on decolonization, 1. Approves the activities in the field of dissemination of information on decolonization undertaken by the Department of Public Information and the Department of Political Affairs of the Secretariat, in accordance with the relevant resolutions of the United Nations on decolonization, in particular the publication, in accordance with General Assembly resolution 61/129 of 14 December 2006, of the information leaflet entitled “What the UN Can Do to Assist Non-Self-Governing Territories”, which was updated for the United Nations website on decolonization in May 2009, and encourages continued updating and wide dissemination of the information leaflet; 2. Considers it important to continue and expand its efforts to ensure the widest possible dissemination of information on decolonization, with particular emphasis on the options of self-determination available for the peoples of Non-Self- Governing Territories, and to this end, requests the Department of Public Information through the United Nations information centres in the relevant regions to actively engage and seek new and innovative ways to disseminate material to the Non-Self- Governing Territories; 3. Requests the Secretary-General to further enhance the information provided on the United Nations decolonization website and to continue to include the full series of reports of the regional seminars on decolonization, the statements and scholarly papers presented at those seminars and links to the full series of reports of the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples; 4. Requests the Department of Public Information to continue its efforts to update web-based information on the assistance programmes available to the Non-Self-Governing Territories; 5. Requests the Department of Political Affairs and the Department of Public Information to implement the recommendations of the Special Committee and to continue their efforts to take measures through all the media available, including publications, radio and television, as well as the Internet, to give publicity to the work of the United Nations in the field of decolonization and, inter alia: (a) To develop procedures to collect, prepare and disseminate, particularly to the Non-Self-Governing Territories, basic material on the issue of self-determination of the peoples of the Territories; (b) To seek the full cooperation of the administering Powers in the discharge of the tasks referred to above; (c) To explore further the idea of a programme of collaboration with the decolonization focal points of territorial Governments, particularly in the Pacific and Caribbean regions, to help improve the exchange of information; (d) To encourage the involvement of non-governmental organizations in the dissemination of information on decolonization; A/RES/64/105 3 (e) To encourage the involvement of the Non-Self-Governing Territories in the dissemination of information on decolonization; (f) To report to the Special Committee on measures taken in the implementation of the present resolution; 6. Requests all States, including the administering Powers, to accelerate the dissemination of information referred to in paragraph 2 above; 7. Requests the Special Committee to continue to examine this question and to report to the General Assembly at its sixty-fifth session on the implementation of the present resolution.
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A/RES/64/147
Resolution adopted by the General Assembly on 18 December 2009 [on the report of the Third Committee (A/64/437)] 64/147. Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 0F 1 the International Covenant on Civil and Political Rights, 1F 2 the International Convention on the Elimination of All Forms of Racial Discrimination2F3 and other relevant human rights instruments, Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 3F4 and 2005/5 of 14 April 2005 4F5 and relevant Human Rights Council resolutions, in particular resolution 7/34 of 28 March 2008, 5F6 as well as General Assembly resolutions 60/143 of 16 December 2005, 61/147 of 19 December 2006, 62/142 of 18 December 2007 and 63/162 of 18 December 2008 on this issue and resolutions 61/149 of 19 December 2006, 62/220 of 22 December 2007 and 63/242 of 24 December 2008 entitled “Global efforts for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action”, Recalling also the Charter of the Nuremberg Tribunal and the Judgement of the Tribunal, which recognized, inter alia, the SS organization and all its integral parts, including the Waffen SS, as criminal and declared it responsible for many war crimes and crimes against humanity, _______________ 1 Resolution 217 A (III). 2 See resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 660, No. 9464. 4 See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A. 5 Ibid., 2005, Supplement No. 3 and corrigenda (E/2005/23 and Corr.1 and 2), chap. II, sect. A. 6 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53), chap. II. A/RES/64/147 2 Recalling further the relevant provisions of the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on 8 September 2001, 6F 7 in particular paragraph 2 of the Declaration and paragraph 86 of the Programme of Action, as well as the relevant provisions of the outcome document of the Durban Review Conference, of 24 April 2009, 7F8 in particular paragraphs 11 and 54, Alarmed, in this regard, at the spread in many parts of the world of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups, as well as similar extremist ideological movements, Recalling that the sixty-fourth session of the General Assembly coincides with the sixty-fifth anniversary of victory in the Second World War, 1. Reaffirms the relevant provisions of the Durban Declaration 0H7 and of the outcome document of the Durban Review Conference, 1H8 in which States condemned the persistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial and national prejudice and stated that those phenomena could never be justified in any instance or in any circumstances; 2. Takes note with appreciation of the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, prepared in accordance with the request contained in General Assembly resolution 63/162; 8F9 3. Expresses its appreciation to the United Nations High Commissioner for Human Rights for her commitment to maintain the fight against racism as one of the priority activities of her Office; 4. Expresses deep concern about the glorification of the Nazi movement and former members of the Waffen SS organization, including by erecting monuments and memorials and holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neo-Nazism, as well as by declaring or attempting to declare such members and those who fought against the anti-Hitler coalition and collaborated with the Nazi movement participants in national liberation movements; 5. Expresses concern at recurring attempts to desecrate or demolish monuments erected in remembrance of those who fought against Nazism during the Second World War, as well as to unlawfully exhume or remove the remains of such persons, and urges States in this regard to fully comply with their relevant obligations, inter alia, under article 34 of Additional Protocol I to the Geneva Conventions of 1949; 9F10 6. Notes with concern the increase in the number of racist incidents in several countries and the rise of skinhead groups, which have been responsible for many of these incidents, as well as the resurgence of racist and xenophobic violence targeting members of ethnic, religious or cultural communities and national minorities, as observed by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance in his latest report; _______________ 7 See A/CONF.189/12 and Corr.1, chap. I. 8 See A/CONF.211/8, chap. I. 9 See A/64/295. 10 United Nations, Treaty Series, vol. 1125, No. 17512. A/RES/64/147 3 7. Reaffirms that such acts may be qualified to fall within the scope of activities described in article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination2H3 and that they may represent a clear and manifest abuse of the rights to freedom of peaceful assembly and of association as well as the rights to freedom of opinion and expression within the meaning of those rights as guaranteed by the Universal Declaration of Human Rights, 3H1 the International Covenant on Civil and Political Rights 4H2 and the International Convention on the Elimination of All Forms of Racial Discrimination; 8. Stresses that the practices described above do injustice to the memory of the countless victims of crimes against humanity committed in the Second World War, in particular those committed by the SS organization and those who fought against the anti-Hitler coalition and collaborated with the Nazi movement, and poison the minds of young people, and that failure by States to effectively address such practices is incompatible with the obligations of States Members of the United Nations under its Charter and is incompatible with the goals and principles of the Organization; 9. Also stresses that such practices fuel contemporary forms of racism, racial discrimination, xenophobia and related intolerance and contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups; 10. Emphasizes the need to take the measures necessary to put an end to the practices described above, and calls upon States to take more effective measures in accordance with international human rights law to combat those phenomena and the extremist movements, which pose a real threat to democratic values; 11. Reaffirms, in this regard, the particular importance of all forms of education, including human rights education, as a complement to legislative measures, as outlined by the Special Rapporteur in his report to the General Assembly; 12. Emphasizes the recommendation of the Special Rapporteur regarding the importance of history classes in teaching the dramatic events and human suffering that resulted from the ideologies of Nazism and Fascism, especially in view of the upcoming sixty-fifth anniversary of victory in the Second World War; 13. Stresses the importance of other positive measures and initiatives aimed at bringing communities together and providing them with space for genuine dialogue, such as round tables, working groups and seminars, including training seminars for State agents and media professionals, as well as awareness-raising activities, especially those initiated by civil society representatives which require continued State support; 14. Underlines the potentially positive role that relevant United Nations entities and programmes, in particular the United Nations Educational, Scientific and Cultural Organization, can play in the aforementioned areas; 15. Reaffirms that, according to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, States parties to that instrument are, inter alia, under the obligation: (a) To condemn all propaganda and all organizations that are based on ideas of racial superiority or that attempt to justify or promote racial hatred and discrimination in any form; A/RES/64/147 4 (b) To undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention; (c) To declare as an offence punishable by law all dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof; (d) To declare illegal and prohibit organizations and organized and all other propaganda activities that promote and incite racial discrimination and to recognize participation in such organizations or activities as an offence punishable by law; (e) To prohibit public authorities or public institutions, national or local, from promoting or inciting racial discrimination; 16. Reaffirms also that, as underlined in paragraph 13 of the outcome document of the Durban Review Conference, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited by law, that the dissemination of ideas based on racial superiority, hatred, acts of violence or incitement to such acts shall be declared offences punishable by law, and that these prohibitions are consistent with freedom of opinion and expression; 17. Underlines, at the same time, the positive role that the exercise of the right to freedom of opinion and expression, as well as the full respect for the freedom to seek, receive and impart information, can play in combating racism, racial discrimination, xenophobia and related intolerance; 18. Encourages those States that have made reservations to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination to give serious consideration to withdrawing such reservations as a matter of priority; 19. Recalls the request of the Commission on Human Rights in its resolution 2005/5 5H5 that the Special Rapporteur continue to reflect on this issue, make relevant recommendations in his future reports and seek and take into account in this regard the views of Governments and non-governmental organizations; 20. Requests the Special Rapporteur to prepare, for submission to the General Assembly at its sixty-fifth session and to the Human Rights Council, reports on the implementation of the present resolution based on the views collected in accordance with the request of the Commission on Human Rights, as recalled by the Assembly in paragraph 19 above; 21. Expresses its appreciation to those Governments that have provided information to the Special Rapporteur in the course of the preparation of his report to the General Assembly; 22. Encourages Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the tasks outlined in paragraph 19 above; 23. Decides to remain seized of the issue.
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A/RES/64/150
Resolution adopted by the General Assembly on 18 December 2009 [on the report of the Third Committee (A/64/438)] 64/150. The right of the Palestinian people to self-determination The General Assembly, Aware that the development of friendly relations among nations, based on respect for the principle of equal rights and self-determination of peoples, is among the purposes and principles of the United Nations, as defined in the Charter, Recalling, in this regard, its resolution 2625 (XXV) of 24 October 1970 entitled “Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations”, Bearing in mind the International Covenants on Human Rights,0F1 the Universal Declaration of Human Rights,1F2 the Declaration on the Granting of Independence to Colonial Countries and Peoples 2F 3 and the Vienna Declaration and Programme of Action adopted at the World Conference on Human Rights on 25 June 1993,3F4 Recalling the Declaration on the Occasion of the Fiftieth Anniversary of the United Nations, 4F5 Recalling also the United Nations Millennium Declaration, 5F6 Recalling further the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, 6F7 and noting in particular the reply of the _______________ 1 Resolution 2200 A (XXI), annex. 2 Resolution 217 A (III). 3 Resolution 1514 (XV). 4 A/CONF.157/24 (Part I), chap. III. 5 See resolution 50/6. 6 See resolution 55/2. 7 See A/ES-10/273 and Corr.1; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. A/RES/64/150 2 Court, including on the right of peoples to self-determination, which is a right erga omnes, 7F8 Recalling the conclusion of the Court, in its advisory opinion of 9 July 2004, that the construction of the wall by Israel, the occupying Power, in the Occupied Palestinian Territory, including East Jerusalem, along with measures previously taken, severely impedes the right of the Palestinian people to self-determination,8F9 Expressing the urgent need for the resumption of negotiations within the Middle East peace process, based on the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative9F 10 and the Quartet road map to a permanent two-State solution to the Israeli-Palestinian conflict, 10F11 and for the speedy achievement of a just, lasting and comprehensive peace settlement between the Palestinian and Israeli sides, Stressing the need for respect for and preservation of the territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory, including East Jerusalem, Recalling its resolution 63/165 of 18 December 2008, Affirming the right of all States in the region to live in peace within secure and internationally recognized borders, 1. Reaffirms the right of the Palestinian people to self-determination, including the right to their independent State of Palestine; 2. Urges all States and the specialized agencies and organizations of the United Nations system to continue to support and assist the Palestinian people in the early realization of their right to self-determination. 65th plenary meeting 18 December 2009 _______________ 8 See A/ES-10/273 and Corr.1, advisory opinion, para. 88; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. 9 See A/ES-10/273 and Corr.1, advisory opinion, para. 122; see also Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, I.C.J. Reports 2004, p. 136. 10 A/56/1026-S/2002/932, annex II, resolution 14/221. 11 S/2003/529, annex.
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A/RES/64/157
Resolution adopted by the General Assembly on 18 December 2009 [on the report of the Third Committee (A/64/439/Add.2 (Part II))] 64/157. Promotion of a democratic and equitable international order The General Assembly, Recalling its previous resolutions on the promotion of a democratic and equitable international order, including resolution 63/189 of 18 December 2008, and taking note of Human Rights Council resolution 8/5 of 18 June 2008, 0F1 Reaffirming the commitment of all States to fulfil their obligations to promote universal respect for, and observance and protection of, all human rights and fundamental freedoms for all, in accordance with the Charter of the United Nations, other instruments relating to human rights and international law, Affirming that the enhancement of international cooperation for the promotion and protection of all human rights should continue to be carried out in full conformity with the purposes and principles of the Charter and international law as set forth in Articles 1 and 2 of the Charter and, inter alia, with full respect for sovereignty, territorial integrity, political independence, the non-use of force or the threat of force in international relations and non-intervention in matters that are essentially within the domestic jurisdiction of any State, Recalling the Preamble to the Charter, in particular the determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and of nations large and small, Reaffirming that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Universal Declaration of Human Rights 1F2 can be fully realized, Reaffirming also the determination expressed in the Preamble to the Charter to save succeeding generations from the scourge of war, to establish conditions under which justice and respect for the obligations arising from treaties and other sources _______________ 1 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53), chap. III, sect. A. 2 Resolution 217 A (III). A/RES/64/157 2 of international law can be maintained, to promote social progress and better standards of life in larger freedom, to practise tolerance and good-neighbourliness, and to employ international machinery for the promotion of the economic and social advancement of all peoples, Stressing that the responsibility for managing worldwide economic and social issues, as well as threats to international peace and security, must be shared among the nations of the world and should be exercised multilaterally, and that in this regard the central role must be played by the United Nations, as the most universal and representative organization in the world, Considering the major changes taking place on the international scene and the aspirations of all peoples for an international order based on the principles enshrined in the Charter, including promoting and encouraging respect for human rights and fundamental freedoms for all and respect for the principle of equal rights and self-determination of peoples, peace, democracy, justice, equality, the rule of law, pluralism, development, better standards of living and solidarity, Recognizing that the enhancement of international cooperation in the field of human rights is essential for the full achievement of the purposes of the United Nations, including the effective promotion and protection of all human rights, Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Reaffirming that democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing, and that democracy is based on the freely expressed will of the people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives, Recognizing that the promotion and protection of human rights should be based on the principle of cooperation and genuine dialogue and aimed at strengthening the capacity of Member States to comply with their human rights obligations for the benefit of all human beings, Emphasizing that democracy is not only a political concept, but that it also has economic and social dimensions, Recognizing that democracy, respect for all human rights, including the right to development, transparent and accountable governance and administration in all sectors of society, and effective participation by civil society are an essential part of the necessary foundations for the realization of social and people-centred sustainable development, Noting with concern that racism, racial discrimination, xenophobia and related intolerance may be aggravated by, inter alia, inequitable distribution of wealth, marginalization and social exclusion, Underlining the fact that it is imperative for the international community to ensure that globalization becomes a positive force for all the world’s people, and that only through broad and sustained efforts, based on common humanity in all its diversity, can globalization be made fully inclusive and equitable, A/RES/64/157 3 Concerned that the current global economic, financial, energy and food crises, resulting from a combination of several major factors, including macroeconomic and other factors, such as environmental degradation, desertification and global climate change, natural disasters and the lack of financial resources and the technology necessary to confront their negative impact in developing countries, particularly in the least developed countries and small island developing States, represent a global scenario that is threatening the adequate enjoyment of all human rights and widening the gap between developed and developing countries, Stressing that efforts to make globalization fully inclusive and equitable must include policies and measures, at the global level, that correspond to the needs of developing countries and countries with economies in transition and are formulated and implemented with their effective participation, Stressing also the need for adequate financing of and technology transfer to developing countries, in particular the landlocked developing countries and small island developing States, including to support their efforts to adapt to climate change, Having listened to the peoples of the world, and recognizing their aspirations to justice, to equality of opportunity for all, to the enjoyment of their human rights, including the right to development, to live in peace and freedom and to equal participation without discrimination in economic, social, cultural, civil and political life, Resolved to take all measures within its power to secure a democratic and equitable international order, 1. Affirms that everyone is entitled to a democratic and equitable international order; 2. Also affirms that a democratic and equitable international order fosters the full realization of all human rights for all; 3. Calls upon all Member States to fulfil their commitment expressed in Durban, South Africa, during the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance to maximize the benefits of globalization through, inter alia, the strengthening and enhancement of international cooperation to increase equality of opportunities for trade, economic growth and sustainable development, global communications through the use of new technologies and increased intercultural exchange through the preservation and promotion of cultural diversity, 2F3 and reiterates that only through broad and sustained efforts to create a shared future based upon our common humanity and all its diversity can globalization be made fully inclusive and equitable; 4. Affirms that a democratic and equitable international order requires, inter alia, the realization of the following: (a) The right of all peoples to self-determination, by virtue of which they can freely determine their political status and freely pursue their economic, social and cultural development; (b) The right of peoples and nations to permanent sovereignty over their natural wealth and resources; (c) The right of every human person and all peoples to development; _______________ 3 See A/CONF.189/12 and Corr.1, chap. I. A/RES/64/157 4 (d) The right of all peoples to peace; (e) The right to an international economic order based on equal participation in the decision-making process, interdependence, mutual interest, solidarity and cooperation among all States; (f) International solidarity, as a right of peoples and individuals; (g) The promotion and consolidation of transparent, democratic, just and accountable international institutions in all areas of cooperation, in particular through the implementation of the principle of full and equal participation in their respective decision-making mechanisms; (h) The right to equitable participation of all, without any discrimination, in domestic and global decision-making; (i) The principle of equitable regional and gender-balanced representation in the composition of the staff of the United Nations system; (j) The promotion of a free, just, effective and balanced international information and communications order, based on international cooperation for the establishment of a new equilibrium and greater reciprocity in the international flow of information, in particular correcting the inequalities in the flow of information to and from developing countries; (k) Respect for cultural diversity and the cultural rights of all, since this enhances cultural pluralism, contributes to a wider exchange of knowledge and understanding of cultural backgrounds, advances the application and enjoyment of universally accepted human rights across the world and fosters stable, friendly relations among peoples and nations worldwide; (l) The right of every person and all peoples to a healthy environment and to enhanced international cooperation that responds effectively to the needs for assistance of national efforts to adapt to climate change, particularly in developing countries, and that promotes the fulfilment of international agreements in the field of mitigation; (m) The promotion of equitable access to benefits from the international distribution of wealth through enhanced international cooperation, in particular in economic, commercial and financial international relations; (n) The enjoyment by everyone of ownership of the common heritage of mankind in connection to the public right of access to culture; (o) The shared responsibility of the nations of the world for managing worldwide economic and social development as well as threats to international peace and security that should be exercised multilaterally; 5. Stresses the importance of preserving the rich and diverse nature of the international community of nations and peoples, as well as respect for national and regional particularities and various historical, cultural and religious backgrounds in the enhancement of international cooperation in the field of human rights; 6. Also stresses that all human rights are universal, indivisible, interdependent and interrelated and that the international community must treat human rights globally in a fair and equal manner, on the same footing and with the same emphasis, and reaffirms that, while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms; A/RES/64/157 5 7. Urges all actors on the international scene to build an international order based on inclusion, justice, equality and equity, human dignity, mutual understanding and promotion of and respect for cultural diversity and universal human rights, and to reject all doctrines of exclusion based on racism, racial discrimination, xenophobia and related intolerance; 8. Reaffirms that all States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular that of the developing countries; 9. Also reaffirms the need to continue working urgently for the establishment of an international economic order based on equity, sovereign equality, interdependence, common interest and cooperation among all States, irrespective of their economic and social systems, which shall correct inequalities and redress existing injustices, make it possible to eliminate the widening gap between the developed and the developing countries and ensure steadily accelerating economic and social development and peace and justice for present and future generations; 10. Further reaffirms that the international community should devise ways and means to remove the current obstacles and meet the challenges to the full realization of all human rights and to prevent the continuation of human rights violations resulting therefrom throughout the world; 11. Urges States to continue their efforts, through enhanced international cooperation, towards the promotion of a democratic and equitable international order; 12. Requests the Human Rights Council, the human rights treaty bodies, the Office of the United Nations High Commissioner for Human Rights, the special mechanisms extended by the Council and the Human Rights Council Advisory Committee to pay due attention, within their respective mandates, to the present resolution and to make contributions towards its implementation; 13. Calls upon the Office of the High Commissioner to build upon the issue of the promotion of a democratic and equitable international order; 14. Requests the Secretary-General to bring the present resolution to the attention of Member States, United Nations organs, bodies and components, intergovernmental organizations, in particular the Bretton Woods institutions, and non-governmental organizations, and to disseminate it on the widest possible basis; 15. Decides to continue consideration of the matter at its sixty-fifth session under the item entitled “Promotion and protection of human rights”.
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A/RES/64/17
Resolution adopted by the General Assembly on 2 December 2009 [without reference to a Main Committee (A/64/L.21 and Add.1)] 64/17. Division for Palestinian Rights of the Secretariat The General Assembly, Having considered the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People,0F1 Taking note, in particular, of the relevant information contained in chapter V.B of that report, Recalling its resolution 32/40 B of 2 December 1977 and all its subsequent relevant resolutions, including its resolution 63/27 of 26 November 2008, 1. Notes with appreciation the action taken by the Secretary-General in compliance with its resolution 63/27; 2. Considers that, by assisting the Committee on the Exercise of the Inalienable Rights of the Palestinian People in the implementation of its mandate, the Division for Palestinian Rights of the Secretariat continues to make a useful and constructive contribution to raising international awareness of the question of Palestine and to generating international support for the rights of the Palestinian people and a peaceful settlement of the question of Palestine; 3. Requests the Secretary-General to continue to provide the Division with the necessary resources and to ensure that it continues to carry out its programme of work as detailed in relevant earlier resolutions, in consultation with the Committee on the Exercise of the Inalienable Rights of the Palestinian People and under its guidance, including the monitoring of developments relevant to the question of Palestine, the organization of international meetings and conferences in various regions with the participation of all sectors of the international community, liaison and cooperation with civil society and parliamentarians, the further development and expansion of the “Question of Palestine” website and the documents collection of the United Nations Information System on the Question of Palestine, the preparation and widest possible dissemination of publications and information materials on various aspects of the question of Palestine and the further _______________ 1 Official Records of the General Assembly, Sixty-fourth Session, Supplement No. 35 (A/64/35). A/RES/64/17 2 development and enhancement of the annual training programme for staff of the Palestinian Authority in contribution to Palestinian capacity-building efforts; 4. Also requests the Secretary-General to ensure the continued cooperation of the Department of Public Information and other units of the Secretariat in enabling the Division to perform its tasks and in covering adequately the various aspects of the question of Palestine; 5. Invites all Governments and organizations to extend their cooperation to the Division in the performance of its tasks; 6. Requests the Division, as part of the observance of the International Day of Solidarity with the Palestinian People on 29 November, to continue to organize, under the guidance of the Committee on the Exercise of the Inalienable Rights of the Palestinian People, an annual exhibit on Palestinian rights or a cultural event in cooperation with the Permanent Observer Mission of Palestine to the United Nations, and encourages Member States to continue to give the widest support and publicity to the observance of the Day of Solidarity.
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