Report (ST/TAA/K/Israel/5). U.N.P. Sales No.: DRAFT ...

204 ECONOMIC AND SOCIAL QUESTIONS

1958. Thus, two experts were assigned to Ghanain 1958, one on taxation and the other on realestate valuation. In Libya, a banking experthelped the Central Bank set up a research de-partment. An expert in public finance was atwork in the Sudan.

Fellowships were given in 1958 to governmentofficials from: Burma, Ethiopia, Greece, Israel,Liberia, Mexico, Nigeria, the Philippines, theSudan, Turkey, Viet-Nam and Yugoslavia.Several of these officials participated in the spe-cial training programmes for tax officials, or-ganized in France by the Ministry of Finance,in the United Kingdom by the British Counciland in the United States by the Harvard Uni-versity Law School's International Program inTaxation.

FISCAL INFORMATIONA new volume of the World Tax Series, deal-

ing with Australia's taxation system, was issuedin 1958 under the Harvard University LawSchool's taxation program in consultation withthe United Nations Secretariat.

Current information on international taxagreements and fiscal statistics were furnishedby the United Nations Secretariat in responseto requests by Governments, specialized agenciesand non-governmental organizations.

In addition, the United Nations StatisticalYearbook, 1958, contained, as in previous vol-umes, a chapter on public finance statistics onthe expenditures, revenue and public debts ofsome 60 countries, classified by economic andfunctional categories.

DOCUMENTARY REFERENCES

International Tax Agreements, Vol. VII. U.N.P. SalesNo.: 58.XVI.1.

Manual for Economic and Functional Classificationof Government Transactions. U.N.P. Sales No.:58.XVI.2.

Reclassification of Government Expenditures and Re-ceipts in Selected Countries. U.N.P. Sales No.:58.XVI.3.

Economic Bulletin for Asia and the Far East} Vol. IX,No. 1 (June 1958). Article on "Taxation and De-velopment of Agriculture in Under-DevelopedCountries, with Special Reference to Asia and theFar East".

International Tax Agreements, Vol. VIII. World

Guide to International Tax Agreements. U.N.P.Sales No.: 58.XVI.4.

International Tax Agreements, Vol. IX. U.N.P. SalesNo.: 58.XVI.5.

Revenue Administration and Policy in Israel. ThirdReport (ST/TAA/K/Israel/5). U.N.P. Sales No.:58.II.H.2.

Programme for Technical Assistance in Fiscal andFinancial Field (ST/TAA/K/Ghana/2). U.N.P.Sales No.: 58.II.H.5.

ST/TAA/SER.C/30. Budget Management. Reportof Second Workshop on Problems of Budget Re-classification and Management in ECAFE Region.Bangkok, 3-10 September 1957.

CHAPTER IX

HUMAN RIGHTS

DRAFT INTERNATIONAL COVENANTS ON HUMAN RIGHTS

At the thirteenth session of the General As-sembly, the Assembly's Third (Social, Humani-tarian and Cultural) Committee continued thearticle-by-article discussion of the two draftInternational Covenants on Human Rightswhich it had begun in 1955. The draft Cove-nants—one dealing with civil and political rightsand the other with economic, social and cul-tural rights—were originally prepared by theCommission on Human Rights and submitted

to the General Assembly for consideration andadoption in 1954.

By 1957, the Third Committee had adoptedthe texts of: the preamble and article 1 (onthe right to self-determination) of both Cove-nants; all the substantive articles of the draftCovenant on Economic, Social and CulturalRights; and article 6 (on the right to life) ofthe Covenant on Civil and Political Rights.

Between 9 and 31 October and 12 and 18

HUMAN RIGHTS 205

November 1958, the Third Committee dis-cussed and adopted articles 7, 8, 9, 10 and 11of the draft Covenant on Civil and PoliticalRights.

Not having been able to complete its consider-ation of the draft Covenants, the Committeerecommended that they be given priority atthe Assembly's fourteenth session in 1959. TheGeneral Assembly agreed to this on 12 Decem-ber 1958.

DRAFT COVENANT ON CIVIL ANDPOLITICAL RIGHTSARTICLE 7

Article 7, as drafted by the Commission onHuman Rights, would prohibit torture, andcruel, inhuman or degrading treatment orpunishment and certain types of medical orscientific experimentation.

The discussion in the Third Committeecentred mainly on the reference to medical orscientific experimentation. The text proposedby the Commission was as follows:In particular, no one shall be subjected without hisfull consent to medical or scientific experimentationinvolving risk, where such is not required by hisstate of physical or mental health.

There was general agreement that this provi-sion was directed against such criminal experi-mentations as were carried out by the Nazisduring the Second World War. The mainproblem, however, was to find a formula whichwould outlaw criminal experimentation butwould not hinder legitimate scientific or medicalpractices.

One approach, proposed by Australia, wasto limit explicitly the scope of the provisionto scientific and medical experimentation per-formed on the individual as a form of tortureor cruel, inhuman and degrading treatment.But this proposal was opposed on the groundthat, by not specifying the need for "free con-sent", it failed to provide a satisfactory criterionfor determining whether a given experiment wasof the prohibited type or not.

The Committee adopted the Netherlandsamendment to specify that no one should be"subjected without his full consent to medicaland scientific experimentation" and to deletethe reference to experimentation "involvingrisk, where such is not required by his state ofphysical or mental health". It was explained

that the words deleted implied that medical orscientific practices having the welfare of thepatient in view came within the scope of thearticle.

Several representatives stressed the importanceof stating specifically the need for "free con-sent" as a criterion to determine whether medi-cal or scientific experimentation amounted tocruel, inhuman or degrading treatment.

The article, as amended, was adopted by 64votes to 0, with 4 abstentions. The text as ap-proved read as follows:No one shall be subjected to torture or to cruel, in-human or degrading treatment or punishment. Inparticular, no one shall be subjected without his freeconsent to medical or scientific experimentation.

ARTICLE 8Article 8, as proposed by the Human Rights

Commission, was intended to prohibit slavery,the slave trade, servitude and forced or com-pulsory labour.

The original text submitted by the Commis-sion was adopted by the Third Committee withonly a minor change. On the suggestion of theNetherlands, a clause was added to excludefrom the scope of "forced or compulsory la-bour", within the meaning of the article, anywork or service normally required of a convictedperson during his conditional release from de-tention.

The Committee postponed action on a pro-posal by Cuba, France, Guatemala, Italy, Me-xico, Panama, Peru, Spain and the UnitedKingdom to add a reference to existing inter-national conventions on slavery and on forcedlabour. In support of the nine-power proposal,it was pointed out that after the preparationof the article by the Human Rights Commis-sion, two international conventions dealingwith slavery and with forced labour had beenadopted—the Supplementary Convention on theAbolition of Slavery and the Slave Trade andInstitutions and Practices Similar to Slavery,1956, and the Abolition of Forced Labour Con-vention, 1957. A reference to these and otherexisting conventions on the subject would, itwas argued, strengthen and improve the article,which was drafted in general terms.

Other representatives, however, though notopposed to the substance of the nine-poweramendment, questioned the desirability of in-


eluding a reference to existing conventions inthe article. They preferred the adoption of ageneral article defining the relationship betweenthe Covenants and other international conven-tions.

The article, as amended, was adopted by70 votes to 0, with 3 abstentions. The text asapproved read as follows:

1. No one shall be held in slavery; slavery and theslave trade in all their forms shall be prohibited.

2. No one shall be held in servitude.3. (a) No one shall be required to perform forced

or compulsory labour;( b ) The preceding sub-paragraph shall not be

held to preclude, in countries where imprisonmentwith hard labour may be imposed as a punishmentfor a crime, the performance of hard labour inpursuance of a sentence to such punishment by acompetent court;

(c) For the purpose of this paragraph the term"forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in sub-paragraph (b), normally required of a person whois under detention in consequence of a lawful orderof a court, or of a person during conditional releasefrom such detention ;

(ii) Any service of a military character and, incountries where conscientious objection is recognized,any national service required by law of conscientiousobjectors;

(iii) Any service exacted in cases of emergencyor calamity threatening the life or well-being of thecommunity ;

(iv) Any work or service which forms part ofnormal civic obligations.

ARTICLE 9

Article 9, as proposed by the Human RightsCommission, set forth the right of everyone toliberty and security of person and provided forsafeguards and remedies relating to arrest anddetention.

Although amendments were proposed to allthe paragraphs of the article, most members ofthe Third Committee supported the Commis-sion's draft, and the text as adopted by theCommittee contained only one minor change.

Most of the discussion concerned para-graph 1 of the article. The first sentence of thisparagraph set forth the right of everyone toliberty and security of person. The secondsentence provided that "no one shall be sub-jected to arbitrary arrest or detention". Thethird sentence stipulated that "no one shall bedeprived of his liberty, except on such grounds

and in accordance with such procedure as areestablished by law".

Discussion of this paragraph centred mostlyon a United Kingdom amendment to deletethe second sentence and add to the thirdsentence the phrase "and as are not in them-selves incompatible with respect to the rightto liberty and security of person". The UnitedKingdom representative felt that the term"arbitrary" in the second sentence was toovague and would lead to conflicting inter-pretations. His amendment, he believed, wouldbring greater precision to the paragraph.

The majority of the Committee memberswished to retain the term "arbitrary" on thegrounds that it was a legally valid term com-monly used in many countries and their courts.The United Kingdom amendment was sub-sequently rejected by the Committee.

Paragraph 2 of the article specified that any-one arrested should be informed, at the timeof arrest, of the reasons for his arrest and shouldbe promptly informed of any charges againsthim. Proposals were made by Israel and theNetherlands to provide, among other things, thata person be informed of the reason for hisarrest promptly, and as soon as possible afterhis arrest, instead of at the time of his arrest.Liberia proposed that the reasons for arrest bepresented to the arrested person in a documentissued by a proper authority.

None of these proposals received the supportof the Committee. Nor did an Israel amend-ment to paragraph 3, which was intended todistinguish clearly between the right of a personto be brought before a judicial officer to havethe lawfulness of his arrest and detentionverified, and his right to be brought to trialwithout delay.

Paragraph 4 of the article stipulated thatanyone deprived of his liberty should be en-titled to take proceedings before a court toobtain a decision on the lawfulness of his de-tention and secure his release if the detentionwas not lawful. Costa Rica proposed an amend-ment whereby such proceedings might, in cer-tain circumstances, be instituted by any personon behalf of the person detained. This amend-ment was rejected on the grounds that it mightbe misused by those wishing to exploit a given

HUMAN RIGHTS 207

situation in which they had no legitimateinterest. It was also felt that it would be dif-ficult to find a formula for the amendmentsuitable for all countries.

A minor amendment to paragraph 5 of thearticle, submitted by the United Kingdom, wasaccepted by the Committee.

The article, as amended, was adopted bythe Committee by 70 votes to 0, with 3 absten-tions, and read as follows:

1. Everyone has the right to liberty and securityof person. No one shall be subjected to arbitraryarrest or detention. No one shall be deprived ofhis liberty except on such grounds and in accordancewith such procedure as are established by law.

2. Anyone who is arrested shall be informed, atthe time of arrest, of the reasons for his arrest andshall be promptly informed of any charges againsthim.

3. Anyone arrested or detained on a criminalcharge shall be brought promptly before a judgeor other officer authorized by law to exercise judicialpower and shall be entitled to trial within a rea-sonable time or to release. It shall not be thegeneral rule that persons awaiting trial shall bedetained in custody, but release may be subject toguarantees to appear for trial, at any other stageof the judicial proceedings, and, should occasionarise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrestor detention shall be entitled to take proceedingsbefore a court, in order that such court may decidewithout delay on the lawfulness of his detention andorder his release if the detention is not lawful.

5. Anyone who has been the victim of unlawfularrest or detention shall have an enforceable rightto compensation.

ARTICLE 10

Article 10, as proposed by the Human RightsCommission, dealt with treatment of personsdeprived of their liberty. This three-paragrapharticle stated: (1) that all persons deprivedof their liberty should be treated with humanity;(2) that accused persons should be separatedfrom convicted persons, and should be subjectto separate treatment appropriate to their sta-tus as unconvicted persons; and (3) that thepenitentiary system should comprise treatmentdirected to the fullest possible extent towardsthe reform and social rehabilitation of prisoners.

The consensus in the Third Committee wasthat a person deprived of his liberty should notbe regarded as unworthy merely because hewas accused or convicted of an offence, since

the basic aim was to reform and rehabilitatehim. It was felt that this basic principle wasinadequately expressed in the Commission's text.

The Committee, however, accepted a Tuni-sian amendment to state also the need to treatthose deprived of their liberty "with respectfor the inherent dignity of the human person".

As to the second paragraph, some represen-tatives had doubts as to the practical pos-sibility in many countries of always segregatingaccused persons from convicted persons. TheCommittee accepted a Netherlands proposal tostate that "accused persons shall, save in excep-tional circumstances, be segregated from con-victed persons".

The third paragraph of the article as draftedby the Human Rights Commission dealt withthe penitentiary system. Some representativesthought that the sole purpose of the systemshould be the reform and social rehabilitationof prisoners, in keeping with what they des-cribed as the modern idea of the basic purposeof detention of offenders. Others consideredthat the deterrent aspect attached to punish-ments and penitentiary systems should not beneglected. The majority of the Committee ac-cepted a compromise amendment by Belgium,Cuba, France, Spain and Tunisia which pro-vided that "the penitentiary system shall com-prise treatment of prisoners the essentialaim of which shall be their reformation andsocial rehabilitation".

Also accepted was a proposal by Ceylon thatthe article include provisions relating to thetreatment of accused juveniles and juvenileoffenders.

The article, as amended, was adopted by 67votes to 0, with 2 abstentions, and reads asfollows :

1. All persons deprived of their liberty shall betreated with humanity and with respect for theinherent dignity of the human person.

2. (a) Accused persons shall, save in exceptionalcircumstances, be segregated from convicted persons,and shall be subject to separate treatment appropriateto their status as unconvicted persons.

(b) Accused juvenile persons shall be separatedfrom adults and brought as speedily as possible foradjudication.

3. The penitentiary system shall comprise treat-ment of prisoners the essential aim of which shallbe their reformation and social rehabilitation. Juvenile


offenders shall be segregated from adults and beaccorded treatment appropriate to their age andlegal status.

ARTICLE 11

Article 11, as proposed by the Human RightsCommission, prohibited imprisonment of any-one merely on the ground of inability to fulfila contractual obligation.

In the Third Committee, some representa-tives thought it desirable to prevent imprison-ment being used as an instrument by one indivi-

dual against another in non-criminal cases and incases arising out of commercial and labourlaws and civil obligations in general. Colombiaproposed replacing the phrase "contractualobligation" by the broader term "civil obliga-tion". This did not, however, meet with generalsupport.

The Committee unanimously adopted the textsubmitted by the Human Rights Commission,which read as follows:No one shall be imprisoned merely on the groundof inability to fulfil a contractual obligation.


GENERAL ASSEMBLY——13TH SESSION

Plenary Meeting 788.Third Committee, meetings 836, 839, 841, 847-869,

880-885, 904.BACKGROUND DOCUMENTSE/2573. Report of 10th session of Commission on

Human Rights, Annexes I, II and III.A/3077. Official records of General Assembly, 10th

session, Annexes, agenda item 28, Part I, docu-ment A/3077 (report of Third Committee).

A/3525. Official records of General Assembly, 11thsession, Annexes, agenda item 31, document A/3525(report of Third Committee).

A/3764. Official records of General Assembly, 12thsession, Annexes, agenda item 33 (report of ThirdCommittee).

A/3824. Note by Secretary-General.

DRAFT COVENANT ON CIVILAND POLITICAL RIGHTS

ARTICLE 7

A/C.3/L.673. Netherlands amendment.A/C.3/L.674. Pakistan amendment.A/C.3/L.675. Philippines amendment.A/C.3/L.676. Ecuador amendment.A/C.3/L.677. Guatemala amendment.A/G.3/L.678. Australia amendment.A/C.3/L.679 and Rev.1. Greece and Italy amend-

ment and revision.A/C.3/L.680. Canada sub-amendment to Greece and

Italy revised amendment, A/C.3/L.679/Rev.l.A/4045. Report of Third Committee. Article 7 as

amended, was adopted by Third Committee on 16October 1958, meeting 855, by roll-call vote of 64votes to 0, with 4 abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tria, Belgium, Brazil, Bulgaria, Burma, ByelorussianSSR, Cambodia, Canada, Ceylon, Chile, China,Colombia, Costa Rica, Cuba, Czechoslovakia, Den-mark, Ecuador, Ethiopia, Federation of Malaya,Finland, France, Ghana, Greece, Guatemala,Haiti, Hungary, India, Indonesia, Iran, Iraq,Ireland, Israel, Italy, Japan, Lebanon, Mexico,Morocco, Netherlands, New Zealand, Nicaragua,Norway, Pakistan, Panama, Peru, Philippines, Po-

land, Portugal, Romania, Saudi Arabia, Spain,Sudan, Sweden, Tunisia, Turkey, Ukrainian SSR,USSR, United Arab Republic, United States, Ve-nezuela, Yemen, Yugoslavia.Against: None.Abstaining: Australia, Liberia, Libya, United King-dom.

ARTICLE 8A/C.3/L.681. International Conventions dealing with

Slavery and Forced Labour adopted in 1956-1957.Note by Secretary-General.

A/C.3/L.682. Netherlands amendment.A/C.3/L.683 and Rev.l. Cuba, France, Guatemala,

Italy, Mexico, Panama, Peru, Spain, United King-dom amendment and revision.

A/4045. Report of Third Committee. Article 8, asamended, was adopted by Third Committee on 22October 1958, meeting 860, by roll-call vote of70 votes to 0, with 3 abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tralia, Austria, Belgium, Brazil, Bulgaria, Burma,Byelorussian SSR, Cambodia, Canada, Ceylon,Chile, China, Colombia, Costa Rica, Cuba, Cze-choslovakia, Denmark, Dominican Republic, ElSalvador, Ethiopia, Federation of Malaya, Finland,France, Ghana, Greece, Guatemala, Haiti, Hon-duras, Hungary, India, Indonesia, Iran, Ireland,Israel, Italy, Japan, Jordan, Liberia, Libya, Mexico,Morocco, Netherlands, New Zealand, Norway,Pakistan, Panama, Peru, Philippines, Poland, Por-tugal, Romania, Saudi Arabia, Spain, Sudan,Sweden, Thailand, Tunisia, Turkey, UkrainianSSR, USSR, United Arab Republic, United King-dom, United States, Uruguay, Venezuela, Yemen,Yugoslavia.Against: None.Abstaining: Iraq, Lebanon, Union of South Africa.

ARTICLE 9A/C.3/L.685 and Rev.l. Costa Rica amendment and

revision.A/C.3/L.686. United Kingdom amendment.A/C.3/L.687. Netherlands amendment.A/C.3/L.688. Liberia amendment.A/C.3/L.689. Israel amendment.

HUMAN RIGHTS 209

A/4045. Report of Third Committee. Article 9, asamended, was adopted by Third Committee on 29October 1958, meeting 866, by roll-call vote of 70to 0, with 3 abstentions, as follows:In favour: Afghanistan, Albania, Argentina, Aus-tralia, Austria, Belgium, Bolivia, Brazil, Bulgaria,Burma, Byelorussian SSR, Cambodia, Canada,Ceylon, Chile, China, Colombia, Costa Rica, Cuba,Czechoslovakia, Denmark, Dominican Republic,Ecuador, El Salvador, Ethiopia, Federation ofMalaya, Finland, France, Ghana, Greece, Guate-mala, Haiti, Hungary, India, Indonesia, Iran, Iraq,Ireland, Italy, Japan, Jordan, Lebanon, Liberia,Libya, Luxembourg, Mexico, Morocco, Netherlands,New Zealand, Norway, Pakistan, Peru, Philippines,Poland, Portugal, Romania, Saudi Arabia, Spain,Sweden, Thailand, Tunisia, Turkey, UkrainianSSR, USSR, United Arab Republic, United States,Uruguay, Venezuela, Yemen, Yugoslavia.Against: None.Abstaining: Israel, Union of South Africa, UnitedKingdom.

ARTICLE 10A/C.3/L.690. Standard Minimum Rules for Treat-

ment of Prisoners. Note by Secretary-General.A/C.3/L.684 and Rev.1. Ceylon amendment and

revision.A/C.3/L.691 and Rev.l. Netherlands amendment and

revision.A/C.3/L.692 and Rev.l, 2. Tunisia amendment and

revisions.A/C.3/L.693 and Rev.l, 2. Belgium, Cuba, France,

Spain, Tunisia amendment and revisions.A/C.3/L.700. Greece, Saudi Arabia, Spain sub-amend-

ment to Tunisia revised amendment, A/C.3/L.692/Rev.l.

A/4045. Report of Third Committee. Article 10, asamended, was adopted by Third Committee on14 November 1958, meeting 882, by 67 votes to 0,with 2 abstentions.

ARTICLE 11A/C.3/L.701. Colombia amendment.A/4045. Report of Third Committee. Article 11

as submitted by Commission on Human Rights,E/2573, Annex I, was adopted unanimously byThird Committee on 18 November 1958, meeting885.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

TENTH ANNIVERSARY OFADOPTION OF DECLARATIONThe Universal Declaration of Human Rightswas approved by the General Assembly on 10December 1948. In 1958 the tenth anniversaryof its adoption was observed in many parts ofthe world on 10 December, Human Rights Day.

The idea of making a special occasion of thetenth anniversary of the adoption of the Uni-versal Declaration originated in the Commis-sion on Human Rights in 1956. Endorsing theCommission's recommendations of 1957, forobservance of the anniversary, the Economicand Social Council decided to set up a six-member committee to carry out these recom-mendations.

In mid-1958, this committee (consisting ofrepresentatives of Chile, France, Pakistan, thePhilippines, Sweden and the United Arab Re-public) made a number of recommendations tothe Council, which the Council adopted on21 July 1958 by a vote of 17 to 0, with 1abstention, in the form of resolution 683 F(XXVI). The Council thereby recommended:(1) that the General Assembly devote a specialmeeting to marking the tenth anniversary on10 December 1958; (2) that Governments beurged to observe the anniversary in their own

countries and, in particular, make the text ofthe Universal Declaration widely known andpromote increasing respect for the rights enun-ciated therein; and (3) that non-governmentalorganizations encourage the holding of con-ferences and discussions on human rights, givingwide publicity to the Universal Declaration.

At United Nations Headquarters on 10 De-cember, a special plenary meeting of the GeneralAssembly's thirteenth session was held to markthe occasion. Statements were made by Dr.Charles Malik, President of the General As-sembly; Mrs. Eleanor Roosevelt of the UnitedStates, who was Chairman of the Commissionon Human Rights at the time when the Decla-ration was drawn up and adopted; and byR. S. S. Gunewardene of Ceylon, the currentChairman of the Commission. A statement byRené Cassin of France, a former Chairman ofthe Commission, was read on his behalf by thePermanent Representative of France to theUnited Nations.

Also read were messages from FelixbertoSerrano (a former Commission Chairman) andfrom Mahmoud Fawzi, Foreign Minister of theUnited Arab Republic, in memory of the lateDr. Mahmoud Azmi, who was Chairman of theCommission in 1953 and 1954. In the evening,


the anniversary was marked by a concert heldin the General Assembly Hall.

Elsewhere in the world, a number of Govern-ments proclaimed 10 December 1958 as a dayto be specially observed and initiated specialprogrammes to mark the anniversary. Manynon-governmental organizations were active notonly on the anniversary day but also throughoutthe year. Their activities included the following:distributing the text of the Universal Declara-tion in various languages; giving wide publicityto other United Nations publications on humanrights; publishing articles and pamphlets; hold-ing conferences or special meetings; initiatingstudy courses; and arranging essay or art com-petitions.

TEACHING THE PRINCIPLESOF THE UNIVERSAL DECLARATION

The Economic and Social Council at itstwenty-sixth session unanimously adopted, on21 July 1958, a resolution on the teaching ofthe principles of the Universal Declaration ofHuman Rights.

The Council had before it a draft resolutionon the "teaching of the Universal Declarationof Human Rights as a means of combatingdiscrimination in education", which the Com-mission on Human Rights had approved atits fourteenth session, earlier in 1958. The Coun-cil, however, adopted a different text.

The Commission proposed, among otherthings, that the Council: (1) Make the pointthat the Universal Declaration, particularly thepassages in it condemning discrimination, shouldbe a required subject of study in all schools anduniversities, particularly military or quasi-military training schools and schools for thetraining of administrative and judicial officials,in every country and territory, whether inde-pendent, non-self-governing or under trustee-ship; and (2) recommend that Member States

take steps appropriate to their respective insti-tutions and educational systems to give effectto the resolution.

During the Council's debate, several repre-sentatives objected that there was a compulsorynote underlying the Commission's draft resolu-tion. They contended that many Governmentsneither had nor wished to have control overthe school curricula. Teaching of the UniversalDeclaration therefore could not be imposed onall schools, even though Governments wishedto see the principles taught at all levels. Further,teaching of the Declaration was important formany other reasons, besides combating dis-crimination in education.

Chile, the United Kingdom and the UnitedStates introduced a joint draft resolution toreplace the Commission's text, and the USSRsubmitted amendments to their proposal. Arevised text to which these four delegationsagreed was then unanimously adopted by theCouncil on 21 July 1958 as resolution 683 B(XXVI). The Council thereby expressed theview that teaching about the Universal Declara-tion, particularly those sections which condemndiscrimination based on race, colour, sex, lan-guage, religion, political or other opinion, na-tional or social origin, property, birth or otherstatus, would contribute to the elimination ofdiscrimination wherever it exists.

It recommended that Members of the UnitedNations and of the specialized agencies takeany necessary steps, appropriate to their respec-tive institutions and educational systems, topromote widespread teaching of the principlesof the Universal Declaration. It also asked theUnited Nations Secretary-General and the Di-rector-General of the United Nations Educa-tional, Scientific and Cultural Organization totake joint action to assist Member States ingiving practical effect to the resolution.


TENTH ANNIVERSARY OFADOPTION OF DECLARATION

on Tenth Anniversary of Universal Declarationof Human Rights, and note by Secretary-General.

E/3155. Note by Secretary-General transmitting reso-lution on human rights adopted by 42th session ofInternational Labour Conference on 20 June 1958.

E/3125, Annex I. Draft resolutions A and B, sub-mitted by Council Committee on Tenth Anniver-

E/3125 and Add.1. Report of Council Committee sary, adopted by Social Committee on 9 July 1958,

ECONOMIC AND SOCIAL COUNCIL——26TH SESSION

Plenary Meeting 1041.Social Committee, meetings 377-381.

HUMAN RIGHTS 211meeting 380, by 16 votes to 0, with 1 abstention,States and Netherlands.draft resolution B as orally amended by United

E/3160 and Corr.2. Report of Social Committee,draft resolutions F I and F II.

RESOLUTION 683 F I and II (XXVI), as recommendedby Social Committee, E/3160, adopted by Councilon 21 July 1958, meeting 1041, by 17 votes to 0,with 1 abstention.

"The Economic and Social Council,I

"Recalling the proclamation by the General As-sembly on 10 December 1948 of the Universal Decla-ration of Human Rights as a common standard ofachievement for all peoples and all nations,

"Recalling General Assembly resolution 423(V) of4 December 1950 on Human Rights Day,

"Recalling Council resolution 651 B (XXIV) of24 July 1957 on the observance of the tenth anni-versary of the adoption of the Universal Declarationof Human Rights and the annex thereto,

"Believing that the United Nations should com-memorate this tenth anniversary by special observanceof Human Rights Day in 1958,

"Recommends to the General Assembly that duringits thirteenth session it devote a special meeting tothe observance of the tenth anniversary of the adop-tion of the Universal Declaration of Human Rights,and that this meeting be held on 10 December 1958;

II"Considering that 1958 is the year of the tenth

anniversary of the adoption of the Universal Decla-ration of Human Rights,

"Recalling the recommendations for the observanceof this anniversary contained in Council resolution651 B (XXIV) of 24 July 1957, and the annexthereto,

"Recalling also General Assembly resolution 423(V) of 4 December 1950 inviting Governments andinterested organizations to adopt 10 December ofeach year as Human Rights Day, to observe this dayto celebrate the proclamation of the Universal Decla-ration of Human Rights by the General Assemblyon 10 December 1948, and to exert increasing effortsin this field of human progress,

"Considering that the tenth anniversary year pro-vides a fitting occasion for stimulating special effortsto secure the universal and effective recognition andobservance of the rights and freedoms which theUniversal Declaration of Human Rights proclaims,

"1. Urges all States Members of the United Nationsor members of the specialized agencies to observe thetenth anniversary of the adoption of the UniversalDeclaration of Human Rights in their own coun-tries, and in particular to make the text of theDeclaration widely known, and continually to promoteincreasing respect for the rights enunciated therein,to the end that this common standard of achievementmay be universally realized;

"2. Expresses the hope that non-governmental or-ganizations participating in the observance of thetenth anniversary of the adoption of the Universal

Declaration of Human Rights will encourage theirnational and local affiliates, as part of their observanceof the anniversary in 1958, to organize conferencesand other meetings and discussions on human rights,giving wide publicity to the text of the Declaration,to the end that men and women everywhere mayachieve fuller enjoyment of the rights to which theyare entitled and that each may learn to respect therights of others."


Special Plenary Meeting, held 10 December 1958.

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section I.

A/3856. Communication of 30 June 1958 fromDirector-General of ILO.

A/3873. Text of resolution 683 F I (XXVI) adopt-ed by Council on 21 July 1958.

A/3954. Report of Third Committee, paragraph 36.

TEACHING THE PRINCIPLESOF THE UNIVERSAL DECLARATION



E/3088. Report of 14th session of Commission onHuman Rights, Chapter III, paragraphs 63-70.

E/3088, Chapter XIV. Draft resolution submitted byCommission.

E/AC.7/L.310. Chile, United Kingdom, United Statesdraft resolution, as amended in Committee, adoptedby Social Committee on 14 July 1958, meeting 381,by 17 votes to 0.

E/AC.7/L.312 and Rev.1 USSR amendments andrevised amendments to 3-power draft resolution,E/AC.7/L.310.

E/3160 and Corr.2. Report of Social Committee,draft resolution B.

RESOLUTION 683 B (XXVI), as recommended bySocial Committee, E/3160, adopted unanimously byCouncil on 21 July 1958, meeting 1041.

"The Economic and Social Council,"Taking into consideration its resolution 314 (XI)

of 24 July 1950, which recognizes the need to encour-age teaching about the Universal Declaration ofHuman Rights,

"Considering that the teaching of that Declarationwould promote dissemination of its principles and theformation of a society imbued with them,

"Considering further that such teaching in everycountry and territory, whether independent, non-self-governing or under trusteeship, and in particularteaching of everything in the Declaration which con-demns discrimination based on race, colour, sex,language, religion, political or other opinion, nationalor social origin, property, birth or other status, wouldcontribute to the elimination of discrimination where-ever it exists,

"1. Recommends that States Members of the United


Nations or members of the specialized agencies, inview of the above considerations, should take anynecessary steps appropriate to their respective insti-tutions and education systems to promote widespreadteaching of the principles of the Universal Declarationof Human Rights;

"2. Requests the Secretary-General and theDirector-General of the United Nations Educational,

Scientific and Cultural Organization to take jointaction within the spirit of Council resolution609 (XXI) of 26 April 1956 to assist Member Statesin giving practical effect to the present resolution."

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section V.

THE RIGHT OF PEOPLES AND NATIONS TO SELF-DETERMINATION

In 1952 and 1953, the General Assembly askedthe Commission on Human Rights, through theEconomic and Social Council, for recommenda-tions concerning international respect for theright of peoples and nations to self-determina-tion. Three specific proposals were eventuallyevolved, which were transmitted to the GeneralAssembly by an Economic and Social Councilresolution (586 D (XX)) of 29 July 1955.

Two of these proposals were made by the Hu-man Rights Commission in 1954 and reaffirmedin 1955. The first recommended that the Assem-bly set up a commission to conduct a survey of theright of peoples and nations to "permanentsovereignty over their natural wealth and re-sources" and to make recommendations thereon.The second suggested that the Assembly estab-lish a commission to examine alleged denialsor inadequate realization of the right to self-determination, to provide its good offices in suchsituations and to report the facts, if necessary,to the Assembly.

The third proposal originated in the Councilitself and called for the establishment of anad hoc commission to "conduct a thoroughsurvey of the concept of self-determination".

Consideration of these recommendations waspostponed at the Assembly's tenth, eleventh andtwelfth sessions, in 1955, 1956 and 1957,respectively.

At the thirteenth session in 1958 the matterwas referred to the Assembly's Third (Social,Humanitarian and Cultural) Committee.

In support of the Council's proposal for asurvey of the concept of self-determination, therepresentatives of Denmark, France, Italy, theUnited Kingdom and others felt it necessary tomake a study of the concept of self-determina-tion. Such a study would help remove existingdifferences of opinion about the applicabilityof the principle of self-determination and definethe scope of that principle.

The United States put forward an amend-

ment to the Council's proposal so that the con-templated ad hoc commission should not engagein academic discussions of such terms as"peoples" and "nations" but rather in anexamination of "the concept of self-determina-tion and . . . the means, within the frameworkof the United Nations Charter, of promotingconditions favourable to the attainment of self-determination by peoples desiring it". TheUnited States amendment (later withdrawn)also stressed that the principle of self-determination was a universal one, to applyto all peoples who had been or might bedeprived of the right to self-determination. Inthat connexion, some representatives main-tained that, while the colonial problem wasgradually being solved, little had been done todeal with the fate of peoples in sovereign Stateswho were deprived of their political freedom.

The majority of Committee Members, how-ever, opposed the Council's proposal and theUnited States amendment thereto. Among themwere Afghanistan, Bulgaria, Ceylon, Chile,Ghana, Iran, Iraq, Pakistan, Romania, theUnited Arab Republic, the USSR and Yugo-slavia.

They argued that the references in these twotexts to self-determination as a "principle"ignored previous resolutions of the GeneralAssembly and article I of the draft InternationalCovenants on Human Rights, which clearlyrecognized self-determination as a fundamentalright. Several representatives, including Greeceand Indonesia, referred in particular to anAssembly resolution of 1952 (673 A (VII))which asked Member States to recognize andpromote realization of the right to self-determination by peoples of non-self-governingand trust territories under their administration.The proposed study, they added, would serveonly to delay still further the exercise of theright to self-determination.

As to the proposal of the Human Rights

HUMAN RIGHTS 213

Commission for a commission to study the rightof peoples and nations to permanent sovereigntyover their natural wealth and resources, NewZealand, the United Kingdom and others foundit illogical to use the word "sovereignty" in ref-erence to peoples which were not yet sovereignStates. In their view, the emphasis given by theproposal to "sovereignty" in the economic fieldmight constitute a potential threat to foreigninvestments and ultimately prevent the ex-pansion of international co-operation for theeconomic development of less developed areas.

Most Third Committee Members, however,favoured the proposal on grounds that it wouldpromote an essential element of the right ofself-determination, namely, that no peoplesubjected to foreign economic domination couldbe deemed independent. Adequate safeguardswere provided for foreign investments and theproposal contained guarantees against bothexploitation and expropriation. For thesereasons, it was held, the proposal was likely topromote international co-operation to themutual benefit of all countries concerned.

Also discussed was the second proposal by theHuman Rights Commission, that the Assemblyestablish a commission to examine allegeddenials or inadequate realization of the rightto self-determination, to provide its good officesin such situations and to report the facts, ifnecessary, to the Assembly.

Canada, France, Israel and others arguedthat the activities of the proposed commissionwould duplicate the work of existing bodies, suchas the Security Council, and might also con-stitute interference in the domestic affairs ofMember States.

Supporters of the proposal, among whomwere Indonesia, Morocco, Saudi Arabia and theUkrainian SSR, stressed that the contemplatedprocedure was likely to facilitate friendly settle-ments of disputes over self-determinationquestions as adequate machinery was lackingand the existing organs of the United Nationswere all too frequently unable to reachsolutions. There was no basis for postponingthe establishment of such machinery until thedraft Covenants had been completed, since theright to self-determination should be realized assoon as possible.

The majority of the Third Committee felt,

however, that action on the proposal could bepostponed until the fourteenth session of theGeneral Assembly in 1959 when, it was hoped,a wider agreement could be achieved.

Voting on all three proposals took place inthe Third Committee on 23 November 1958.

The Committee rejected the proposal of theEconomic and Social Council by a roll-call voteof 48 to 16, with 8 abstentions.

The first proposal of the Human RightsCommission, as a whole, was adopted by a roll-call vote of 52 to 15, with 4 abstentions. TheCommittee agreed that it should be left to aplenary meeting of the General Assembly todetermine the composition of the proposedcommission, as well as the session of theEconomic and Social Council to which thatcommission should report.

A suggestion by Yugoslavia to postpone actionon the second proposal of the Human RightsCommission until the fourteenth session of theGeneral Assembly was adopted by 39 votes to7, with 24 abstentions.

At a plenary meeting held on 12 December1958, the General Assembly decided that thecommission contemplated in the first proposalof the Human Rights Commission, as approvedby the Third Committee, would be composed ofrepresentatives of nine Member States to bechosen by the President on the basis of geo-graphical distribution, and that the commissionwould report to the twenty-ninth session of theEconomic and Social Council in 1960. ThePresident thereupon appointed Afghanistan,Chile, Guatemala, the Netherlands, the Philip-pines, Sweden, USSR, the United ArabRepublic and the United States. The re-commendation of the Third Committee wasadopted by 52 votes to 15, with 8 abstentions,as resolution 1314 (XIII).

By this resolution, the Assembly noted thatthe right of peoples and nations to self-determination as affirmed in the two draftCovenants put forward by the Human RightsCommission included "permanent sovereigntyover their natural wealth and resources". Itbelieved it necessary to have full information atits disposal about the actual extent andcharacter of this sovereignty and gave thecommission the task of conducting a full surveyof the status of "this basic constituent of the


right to self-determination" with recommenda-tions, where necessary, for its strengthening.The Assembly also decided that, in the conductof the survey, due regard should be paid to therights and duties of States under internationallaw and to the importance of encouraging

international co-operation in the economicdevelopment of under-developed countries. TheAssembly also invited the regional economiccommissions and the specialized agencies toco-operate with the Commission in its task.


E/2795. Resolutions of 20th session of Economic andSocial Council, 1955, containing resolution 586 D(XX) of July 1955.


Plenary Meeting 788.Third Committee, meetings 836, 839, 841, 843,

885-894.

A/3829. Recommendations concerning internationalrespect for right of peoples and nations to self-determination. Note by Secretary-General.

A/C.3/L.703. Statements submitted by Secretary-General on financial implications of draftresolutions contained in Council resolution 586 D(XX) of 29 July 1955 (E/2795).

Draft resolution prepared by Commission on HumanRights and submitted to Assembly by Economic andSocial Council (operative paragraph 1, Part I, ofCouncil resolution 586 D (XX) of 29 July 1955)adopted by Third Committee on 23 November1958, meeting 893, by roll-call vote of 52 to 15,with 4 abstentions, as follows:In favour: Afghanistan, Albania, Argentina,Austria, Brazil, Bulgaria, Burma, Byelorussian SSR,Cambodia, Ceylon, Chile, China, Colombia, Cuba,Czechoslovakia, Dominican Republic, El Salvador,Ethiopia, Federation of Malaya, Ghana, Greece,Guatemala, Haiti, Honduras, Hungary, India,Indonesia, Iran, Iraq, Japan, Jordan, Lebanon,Liberia, Libya, Mexico, Morocco, Pakistan,Panama, Peru, Philippines, Poland, Romania, SaudiArabia, Sudan, Tunisia, Ukrainian SSR, USSR,United Arab Republic, Uruguay, Venezuela,Yemen, Yugoslavia.Against: Australia, Belgium, Canada, Denmark,France, Italy, Netherlands, New Zealand, Norway,Portugal, Spain, Sweden, Union of South Africa,United Kingdom, United States.Abstaining: Finland, Ireland, Israel, Thailand.

A/4019. Report of Third Committee.A/C.5/768, A/4025, A/4028. Financial implications

of draft resolution adopted by Third Committee.Statement by Secretary-General, report of AdvisoryCommittee on Administrative and BudgetaryQuestions, and report of Fifth Committee.

RESOLUTION 1314(XIII), as recommended by ThirdCommittee, A/4019, with adjustments proposed byPresident, adopted by Assembly on 12 December1958, meeting 788, by 52 votes to 15, with 8abstentions.

"The General Assembly,"Noting that the right of peoples and nations to

self-determination as affirmed in the two draftCovenants completed by the Commission on HumanRights includes permanent sovereignty over theirnatural wealth and resources,

"Believing it necessary to have full information atits disposal regarding the actual extent and characterof this sovereignty,

"1. Decides to establish a Commission composed ofAfghanistan, Chile, Guatemala, the Netherlands, thePhilippines, Sweden, the Union of Soviet SocialistRepublics, the United Arab Republic and the UnitedStates of America to conduct a full survey of thestatus of this basic constituent of the right toself-determination, with recommendations, wherenecessary, for its strengthening, and further decidesthat, in the conduct of the full survey of the statusof the permanent sovereignty of peoples and nationsover their natural wealth and resources, due regardshall be paid to the rights and duties of States underinternational law and to the importance ofencouraging international co-operation in theeconomic development of under-developed countries;

"2. Invites the regional economic commissions andthe specialized agencies to co-operate with theCommission in its task;

"3. Requests the Commission to report to the Eco-nomic and Social Council at its twenty-ninth session;

"4. Requests the Secretary-General to provide theCommission with the necessary staff and facilities."

A/C.3/L.703. United States amendment to draftresolution submitted by Economic and SocialCouncil (operative paragraph 2 of Councilresolution 586 D (XX) of 29 July 1955).

Draft resolution submitted by Economic and SocialCouncil (operative paragraph 2 of Council resolu-tion 586 D (XX) of 29 July 1955) rejected byThird Committee on 23 November 1958, meeting893, by roll-call vote of 48 to 16, with 8 absentions,as follows:In favour: Belgium, China, Denmark, Finland,France, Ireland, Italy, Japan, Luxembourg, Nether-lands, Norway, Portugal, Spain, Sweden, UnitedKingdom, United States.Against: Afghanistan, Albania, Argentina, Brazil,Bulgaria, Burma, Byelorussian SSR, Cambodia,Ceylon, Chile, Colombia, Cuba, Czechoslovakia,Dominican Republic, Ethiopia, Federation ofMalaya, Ghana, Greece, Guatemala, Haiti,

HUMAN RIGHTS 215

Honduras, Hungary, India, Indonesia, Iran, Iraq,Jordan, Lebanon, Liberia, Libya, Mexico, Morocco,Pakistan, Panama, Peru, Philippines, Poland,Romania, Saudi Arabia, Sudan, Tunisia, UkranianSSR, USSR, United Arab Republic, Uruguay,

Venezuela, Yemen, Yugoslavia.Abstaining: Australia, Austria, Canada, £1Salvador, Israel, New Zealand, Thailand, Union ofSouth Africa.

ADVISORY SERVICES IN HUMAN RIGHTS

Under the United Nations programme ofadvisory services in human rights, the followingtypes of assistance may be given to Governmentsat their request: advisory services of experts,fellowships and scholarships, and seminars.

Since the programme came into operation in1955, the main emphasis has been on regionalseminars, the first of which was held inBangkok, Thailand, in 1957, on civic re-sponsibilities and increased participation ofAsian women in public life.

ACTIVITIES DURING 1958In 1958, two regional seminars on the pro-

tection of human rights in criminal law andprocedure were held.

The first of these, organized in co-operationwith the Philippines Government, was held inBaguio City, the Philippines, from 17 to 28February. Participants from the followingcountries and territories attended the seminar:Australia, Brunei, Burma, Ceylon, China, HongKong, India, Japan, Korea (Republic of), NewZealand, North Borneo, Pakistan, Philippines,Sarawak, Singapore, Thailand and Viet-Nam.

The other seminar on this subject was heldin Santiago, Chile, from 19 to 30 May 1958.Organized in co-operation with the ChileanGovernment, it was attended by participantsfrom the following countries in the WesternHemisphere: Argentina, Bolivia, Brazil,Canada, Chile, Costa Rica, Ecuador, ElSalvador, Haiti, Mexico, Nicaragua, Panama,Peru, Uruguay and the United States.

In February 1958, observers, chosen by theGovernment of Costa Rica from a list suppliedby the Secretary-General, visited Costa Ricaand reported to the President of that countryon its 1958 national elections. One of theobservers remained in the country for a briefperiod, at the Government's request, to makea preliminary study of electoral law and pro-cedures there.

CONSIDERATION BY COMMISSIONSThe programme of advisory services was

considered in March-April 1958 both by theCommission on Human Rights at its fourteenthsession and by the Commission on the Statusof Women at its twelfth session. The HumanRights Commission invited the Secretary-General to report to it annually on questionsconnected with the programmes, and suggestedthat United Nations Member States takeadvantage of available fellowships and expertadvice to continue and expand local interestin activities recommended by, or resulting from,seminars in which they had participated. TheCommission considered that more fellowshipsand scholarships for 1959 should be offered toUnited Nations Member States on human rightstopics, and stressed the need for more funds tomeet requests for aid under the human rightsadvisory services programme.

The Human Rights Commission also invitedthe Secretary-General to study the recommenda-tion, made at the Baguio City seminar in 1958 onthe protection of human rights in criminal lawand procedure, that the proceedings of this semi-nar should be published, and invited its Com-mittee on the Right of Everyone to be Free fromArbitrary Arrest, Detention and Exile to takeinto consideration the discussions and de-liberations of the seminar.

The Commission on the Status of Womennoted with satisfaction the success of a seminarheld in Bangkok in 1957 on the civicresponsibilities and increased participation ofwomen in public life in Asia. It hoped that aregional seminar on the same subject would beorganized in 1959, either in Africa or LatinAmerica.

CONSIDERATION BY ECONOMICAND SOCIAL COUNCIL

When the Economic and Social Councilconsidered the programme of advisory services


in human rights at its twenty-sixth session inmid-1958, it had before it: the recommendationsof its two Commissions; reports on the threeseminars so far held under the programme—in Bangkok in 1957 and in Baguio City andSantiago, Chile, in 1958; and reports by theSecretary-General on the development of theprogramme and on activities planned for 1959.

Two, possibly three, seminars were plannedfor 1959, the Secretary-General reported: onein Ceylon on judicial and other remedies againstthe abuse of administrative authority, andanother in Colombia on the participation ofwomen in public life. Being studied was thepossibility of holding another seminar, inArgentina, on judicial and other remediesagainst the abuse of administrative authority.

On 21 July, the Council adopted a resolutionapproving the plan presented by the Secretary-General for holding seminars in 1959. It alsoasked him to keep in mind the possibility ofan international seminar on a subject ofuniversal interest. It asked the Human RightsCommission to review the advisory servicesprogramme at each of its sessions, on the basisof work plans presented by the Secretary-General, and to make appropriate recommenda-tions to the Council. This resolution (684(XXVI) ) was adopted by a vote of 16 to 0,with 2 abstentions.

CONSIDERATION BYGENERAL ASSEMBLY

The advisory services programme was againdiscussed in 1958 at the General Assembly'sthirteenth session. On 9 October the Assembly'sThird (Social, Humanitarian and Cultural)Committee approved, by a vote of 65 to 0, with4 abstentions, a draft resolution whereby theAssembly would express its satisfaction at theway projects had been carried out under theadvisory services programme, would furtherapprove the plan presented by the Secretary-General to the Council for holding seminars in1959 and would recommend that three, ifpossible, should be held in 1959, taking noteof the Council's request to the Secretary-General to keep in mind the possibility of aninternational seminar on a subject of universalinterest.

This draft resolution, based on an amendedversion of a proposal by Colombia, Cuba, theDominican Republic, Haiti, Japan and theUnited States, was adopted unanimously by theGeneral Assembly at a plenary meeting on 14November as resolution 1261 (XIII).

The Assembly also approved a budgetaryappropriation of $100,000 for advisory servicesactivities in 1959, thus making it possible forthree seminars to be held in 1959 as plannedby the Secretary-General.




E/3075 and Add.1. Advisory services in field ofhuman rights. Report of Secretary-General.

E/3088. Report of 14th session of Commission onHuman Rights, Chapter VIII.

E/3096. Report of 12th session of Commission onStatus of Women, Chapter VIII.

1958 Seminar on Protection of Human Rights inCriminal Law and Procedure, Baguio City, thePhilippines, 17-28 February 1958.

Seminar on Protection of Human Rights in CriminalLaw and Procedure, Santiago, Chile, 19-30 May1958.

E/AC.7/L.306. Report by Secretary-General concern-ing Seminar held in Santiago, Chile, in May 1958.

E/AC.7/L.313. Note by Secretary-General.E/AC.7/L.314. United States draft resolution as

amended, adopted by Social Committee on 17 July1958, meeting 384, by 13 votes to 0 with 3abstentions.

E/AC.7/L.315. Poland amendment to United Statesdraft resolution, E/AC.7/L.314.

E/3163. Report of Social Committee.RESOLUTION 684 (XXVI), as recommended by Social

Committee, E/3163, adopted by Council on 21July 1958, meeting 1041, by 16 votes to 0, with 2abstentions.

"The Economic and Social Council,"Noting with satisfaction the success achieved in

the seminars held during the past year in pursuanceof the programme of advisory services in the fieldof human rights,

"Considering that the organization of additionalseminars, on a judicious scale, will contribute to theobjectives of the programme and thus to the pro-motion of universal respect for and observance ofhuman rights and fundamental freedoms,

"Recalling that the General Assembly in its resolution926 (X) of 14 December 1955 requested the Councilto submit to the Assembly at its thirteenth session anevaluation of the projects carried out under theprogramme of advisory services in human rights, and

HUMAN RIGHTS 217recommendations concerning the future of theprogramme,

"1. Expresses its appreciation for the efforts of theGovernments, organizations and individuals who haveparticipated in the seminars already held, and to theSecretary-General for the part he has played in theirorganization ;

"2. Approves the plan presented by the Secretary-General for holding seminars in the year 1959;

"3. Requests the Secretary-General to keep inmind the possibility of organizing in the future aninternational seminar on a subject of universalinterest ;

"4. Requests the Commission on Human Rights toreview the programme of advisory services at each ofits sessions on the basis of work plans presented bythe Secretary-General, and to make appropriaterecommendations to the Council."


Plenary Meeting 780.Third Committee, meetings 846, 847.

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section X.

A/3918. Note by Secretary-General.A/C.3/L.672. Colombia, Cuba, Dominican Republic,

Haiti, Japan, United States draft resolution, asamended orally by Denmark, Morocco and SaudiArabia, approved by 65 votes to 0, with 4abstentions.

A/3951. Report of Third Committee.RESOLUTION 1261(XIII), as recommended by Third

Committee, A/3951, adopted unanimously byAssembly on 14 November 1958, meeting 780.

"The General Assembly,"Taking note of chapter VII, section X, of the

report of the Economic and Social Council,"Recalling its resolution 926 (X) of 14 December

1955 requesting the Economic and Social Councilto submit to the General Assembly at its thirteenthsession an evaluation of the projects carried outunder the programme of advisory services in the fieldof human rights and recommendations concerningthe future of the programme,

"Recalling also its resolution 1163 (XII) of 26November 1957, in which the General Assembly notedwith satisfaction the success of the seminar held inAugust 1957 at Bangkok (Thailand) and expressedthe hope that seminars on the status of women wouldbe held as frequently as possible in the future underthe programme of advisory services in the field ofhuman rights,

"Noting with satisfaction the important resultsachieved at the two seminars held during 1958 underthe programme of advisory services in the field ofhuman rights,

"Having considered the plan presented by theSecretary-General to the Economic and Social Councilfor holding seminars in the year 1959 and Councilresolution 684 (XXVI) of 21 July 1958 approvingthis plan,

"1. Expresses its satisfaction at the manner inwhich the projects have been carried out under theprogramme of advisory services in the field of humanrights ;

"2. Approves the plan presented by the Secretary-General to the Economic and Social Council forholding seminars in the year 1959 and recommendsthat, if possible, three seminars should be held in1959, taking note of Council resolution 684 (XXVI)requesting the Secretary-General to keep in mind thepossibility of organizing in the future an internationalseminar on a subject of universal interest."

PERIODIC REPORTS AND SPECIAL STUDIES

PERIODIC REPORTSIn 1956, the Economic and Social Councilinitiated a system of periodic reporting byGovernments on progress achieved in humanrights. Members of the United Nations and ofthe specialized agencies were asked to transmita report to the Secretary-General every threeyears, describing general developments andprogress achieved in human rights and measurestaken to safeguard human liberty in theirmetropolitan areas and Non-Self-GoverningTerritories. The first series of reports was tocover the years 1954 through 1956. The reportswere to deal with the rights enumerated in theUniversal Declaration of Human Rights and theright of peoples to self-determination.

The specialized agencies have been asked bythe Council to submit, every three years,

relevant information received from theirmembers.

Reports came before the Human RightsCommission for the first time in 1958, at itsfourteenth session. Submitted to the Commissionwere summaries of reports from 30 Govern-ments, as well as summaries or statements fromthe International Labour Office (ILO), theUnited Nations Educational, Scientific andCultural Organization (UNESCO), the WorldHealth Organization (WHO), the UniversalPostal Union (UPU) and the InternationalTelecommunication Union (ITU).

After a brief debate, the Commission decidedto defer consideration of the matter until itsfifteenth session in 1959, when it was hopedother Governments would have submittedreports.


By the end of 1958, reports from the follow-ing 41 Governments had been received:Australia, Austria, Brazil, Byelorussian SSR,Cambodia, Ceylon, Chile, China, Costa Rica,Czechoslovakia, Denmark, Dominican Republic,El Salvador, Finland, France, Germany (FederalRepublic of), Hungary, India, Indonesia,Israel, Japan, Luxembourg, Mexico, Morocco,Nepal, Netherlands, Norway, Pakistan, Panama,Philippines, Poland, Portugal, Romania, Spain,Sudan, Sweden, Ukrainian SSR, USSR, UnitedKingdom, United States and Viet-Nam.

SPECIAL STUDIESIn 1956, the Commission on Human Rights

and the Economic and Social Council madearrangements for studies of specific rights orgroups of rights to be undertaken, with a viewto making objective and general recommenda-tions. The first subject for special study was"the right of everyone to be free from arbitraryarrest, detention and exile". A committee,consisting of representatives of Argentina,Ceylon, Norway and the Philippines was set upby the Commission to study this subject.

The committee submitted a progress report tothe Commission in 1958 and stated that as anappropriate basis for its work, it was necessaryfirst to prepare monographs on the status of the

right under study in States which wereMembers of the United Nations or of thespecialized agencies. The committee reportedthat draft "country monographs" would be sentto the Governments concerned for checking,verification and comments.

Some members of the Human RightsCommission considered that the study onfreedom from arbitrary arrest, detention andexile was particularly important since it dealtwith one of the most basic rights of theindividual. It was hoped that the study wouldpermit a fruitful exchange of experiencebetween Governments and promote respect forthat right.

On the other hand, the representatives ofPoland, the Ukrainian SSR and the USSR heldthat such inquiries were in fact intended todivert the attention of the United Nationsfrom its main task at present, namely, thecompletion of the draft Covenants on HumanRights and other documents setting out specificlegal obligations for States concerning respectfor human rights.

The Commission took note of thecommittee's progress report and postponedfurther consideration of the substance of thequestion pending receipt of the committee'sfinal report.

PERIODIC REPORTS


Human Rights, Chapter II.


Social Committee, meetings 378-380.

E/3088. Report of 14th session of Commission on

SPECIAL STUDIESE/3088. Report of 14th session of Commission on

Human Rights, Chapter VII.

THE STATUS OF WOMEN

The main topics discussed at the twelfth sessionof the Commission on the Status of Women,held at the European Office of the UnitedNations in Geneva from 17 March to 3 April1958, were: political rights of women, access ofwomen to education, equal pay for equal work,economic opportunities for women, status ofwomen in private law, technical assistance andadvisory services programmes in relation to thestatus of women, and the frequency of theCommission's sessions.

The Commission's report was considered bythe Economic and Social Council at its twenty-sixth session, in mid-1958.

POLITICAL RIGHTS OF WOMENThe Commission reviewed the progress

achieved towards recognition of politicalrights of women, and members referred withsatisfaction to the increasing number ofcountries where women now enjoy full politicalrights on equal terms with men. It was felt,however, that legal recognition of these rightswas only a first step towards their actualimplementation and full participation of womenin public life and that the education of womenin the use of their political rights was one of theimportant tasks to be undertaken.

By the end of 1958 the Convention on the

HUMAN RIGHTS 219Political Rights of Women had been signed by41 countries and had been ratified or accededto by 31 countries. During the year Haiti andIndonesia ratified the Convention and Finlandacceded to it.

Commission members noted with regret thatthe number of countries which had signed,ratified or acceded to the Convention was stillvery low in comparison to the number of Statesin which women had the right to vote and wereeligible for election to legislative bodies. It wasfelt that this discrepancy might be due to articleIII of the Convention, which deals with publicoffices and functions, inasmuch as in manycountries women do not have equal access withmen to such offices and functions, either in lawor in fact. Subsequently, the Commissiondecided to bring up to date the study under-taken several years before on the extent towhich women can and do hold public office andfunctions.

ACCESS OF WOMEN TO EDUCATIONDiscussion in the Commission centred chiefly

on the access of women to higher education. Asound foundation at the primary and secondarylevels of instruction and adequate vocationalguidance for girls were considered essential.Also discussed was the need to encouragegovernments to take the necessary measures toenable all members of the community to havefull access to all levels of education, and toincrease the number of scholarships and studygrants available to girls.

STATUS OF WOMEN IN PRIVATE LAWAGE OF MARRIAGE, FREE CONSENT AND

REGISTRATION OF MARRIAGES

Commission members were agreed that thesituation with respect to consent of both partiesto marriage and the minimum age of marriagewas still far from satisfactory in many regions.Views on the ways to improve this situationdiffered. The Commission eventually adopteda draft resolution recommending that theEconomic and Social Council ask the Secretary-General to prepare a report for theCommission's fourteenth session in response toa questionnaire on consent to marriage andrequirements as to age and registration ofmarriage. At the same time, it was re-

commended that the Council invite theSecretary-General to prepare a draft Conven-tion for the Commission providing for: aminimum age for marriage, preferably not lessthan 16 years; free consent of both parties tomarriage; and the compulsory registration ofmarriages.

This draft resolution was considered at theCouncil's twenty-sixth session. Doubt wasexpressed in the Council as to whether aconvention would at the current stage be themost effective means of dealing with thequestions it referred to. Also doubted was theappropriateness of setting the same minimumage of marriage for all the peoples of theworld. The Council accordingly amended theCommission's text and asked the Secretary-Gen-eral to prepare a recommendation, rather than adraft convention, for the Commission's four-teenth session. It also decided to omit thereference to a proposed minimum age of 16years until additional information on the subjectwas presented in the report requested of theSecretary-General for the Commission. TheCouncil's decision to this effect was unanimouslyapproved on 10 July 1958 as resolution 680 B I(XXVI).

RITUAL OPERATIONS

Also discussed by the Commission werecertain ritual practices affecting the physicalintegrity of young girls in some areas of theworld. The Commission recommended that theCouncil ask the World Health Organization(WHO) to undertake an inquiry into thepersistence of these practices and into measuresadopted or planned to stop the ritual operations,and to communicate the results of the inquirybefore the end of 1959 for examination at theCommission's fourteenth session in 1960.

When the Commission's draft resolution wasconsidered at the Council's twenty-sixth session,it was felt that an inquiry would not be thebest means to achieve the desired end. It wasagreed that WHO be invited to make a "study"rather than the "inquiry" proposed by theCommission, the results of the study to becommunicated to the Commission's fifteenthsession, in 1961. A Council resolution to thiseffect was unanimously adopted as resolution680 B II (XXVI), on 10 July 1958.


ECONOMIC OPPORTUNITIESFOR WOMEN

The Commission discussed : problems of work-ing women, including working mothers withfamily responsibilities; the right to rest and theright to material security in case of old age, ill-ness or loss of capacity to work; and the age ofretirement and the right to pension.

PROBLEMS OF WORKING WOMEN

The Commission adopted a draft resolutionfor the Economic and Social Council's approvalasking the specialized agencies concerned togive sympathetic consideration to requests forhelp in connexion with aid to working women(including working mothers with familyresponsibilities), and to report to the Com-mission on the services so rendered. Theimportance of the inquiry on crèches and daynurseries to be undertaken by the InternationalChildren's Centre was also stressed, and theCommission expressed the wish to have theresults of the inquiry communicated to one ofits future sessions. On 10 July 1958, the Councilunanimously approved this text as resolution680 C I (XXVI).

RIGHT TO REST AND MATERIAL SECURITY

Stressed in the Commission's debate on theright to rest and the right to material securitywas the importance of giving special attentionto the particular problems of working womenwith family responsibilities. But it was felt thatprotective legislation should be taken with theinterest of both men and women workers inmind, since the ILO report showed that anexcessive number of ill-directed measuresregulating women's work had a harmful effecton women's chances of finding employment.Attention was drawn also to the importance ofcollective bargaining agreements establishingdaily working hours, the length of the workingweek and the right to holidays with pay.Several members emphasized the importance ofencouraging more participation by women intrade unions.

Debate in the Commission on the age ofretirement and right to pension centred on thedesirability of lower retirement and pensionableages for women as compared to those of men.Several members expressed a strong preference

for absolute equality between men and womenin this regard, so as to avoid dangers of dis-crimination against women in employment.Others deemed this inadvisable because it hadmany disadvantages for large numbers of work-ing women. The Commission adopted a draftresolution asking the Council to recommendthat all Members of the United Nations and ofthe specialized agencies facilitate, by allappropriate means, the equal treatment of menand women workers with respect to pensionplans, and the implementation of the principlethat the normal retirement age and pensionableage should be the same for men and women.

Views on the subject were also divided inthe Council, which, on 10 July 1958,unanimously adopted resolution 680 C II(XXVI) inviting the Commission to considerthe matter further and asking the Secretary-General to transmit the records of the Council'sdiscussion to the Commission.

NATIONALITY OF MARRIED WOMENCommission members noted that there was

general progress in the direction of equalnationality rights for men and women. SeveralCommission members observed that legislationin their countries affecting the nationality ofmarried women was already in agreement withthe principles of the Convention on theNationality of Married Women; they informedthe Commission that their Governmentsintended to ratify the Convention in the verynear future.

On 6 May 1958, Sweden became the sixthState to ratify the Convention, which enteredinto force between the ratifying States on 11August 1958. By the end of 1958, theConvention had been signed by 25 countriesand had been ratified or acceded to by 13countries. During the year Ceylon acceded toit; Byelorussian SSR, China, New Zealand,Norway, Sweden, Ukrainian SSR and the USSRratified it. Ecuador, New Zealand and Pakistansigned it.

EQUAL PAY FOR EQUAL WORKStressed in the Commission's discussions was

the importance of fully applying the principleof equal pay for equal work. Considerableprogress had been achieved in several countries,

HUMAN RIGHTS 221

it was noted with satisfaction. Several memberspointed to the need to improve nationallegislation in order to implement the principleof equal pay for equal work still further. It wasalso felt that international trade unions couldplay a most important role in encouraging theinclusion of equal pay provisions in collectivebargaining agreements. A draft pamphlet onequal pay for equal work was discussed inconsiderable detail, and the Commission askedthe Secretariats of the United Nations andILO to prepare a revised draft for theCommission's thirteenth session.

Commission members expressed concern overthe fact that article 6 of the draft ILO Conven-tion concerning Discrimination in Respect ofEmployment and Occupations did not providefor equal remuneration for men and womenworkers for work of equal value. The Com-mission asked the Secretary-General to transmitits views on the matter to ILO andrecommended that the Council ask him toappoint a representative to the InternationalLabour Conference in June 1958 to present theposition taken by the majority of Commissionmembers. The Secretary-General informed theCouncil's twenty-fifth session that, as in thepast, arrangements had been made for theUnited Nations to be represented at the Inter-national Labour Conference. Subsequently, atits forty-second session, the InternationalLabour Conference deleted article 6 from theConvention.

COMMISSION'S SESSIONSAND WORK PROGRAMME

The Commission had before it two notes bythe Secretary-General dealing, respectively, withthe review of programme of work and establish-ment priorities, and the frequency of the sessionsof the Commission on Human Rights and the

Commission on the Status of Women.After discussing a recommendation of the

Council's Co-ordination Committee for biennialsessions, the Commission unanimously re-commended annual meetings on the groundsthat women had not yet achieved equality ofrights with men, and that no effort should bespared to carry out the Commission's mandateto promote the status of women and to worktowards equality of rights with men. TheCouncil, while endorsing the Secretary-General's view that, as a general principle, thebiennial pattern of sessions should be adoptedwhenever practicable, nevertheless decided thatthe Commission might for the time beingcontinue to meet annually. It did so byresolution 693 B (XXVI), adopted unanimouslyon 31 July.

PARTICIPATION OF WOMEN INWORK OF UNITED NATIONS

Also considered at the Commission's twelfthsession was the participation of women in thework of the United Nations and the specializedagencies.

Commission members stated that theparticipation of women in the work of theUnited Nations should not be limited toemployment in the Secretariats of the UnitedNations and of the specialized agencies, butthat more Governments should appoint womento responsible positions in their delegations.Confidence was also expressed that theSecretary-General would continue to makeevery effort to appoint women to senior posi-tions in the Secretariat.

(Technical assistance and advisory services inrelation to the status of women are dealt withabove, in CHAPTER IX, section on ADVISORYSERVICES IN HUMAN RIGHTS.)



Plenary Meetings 1029, 1043.Social Committee, meetings 375-377.

E/3096. Report of 12th session of Commission onStatus of Women, 17 March-3 April 1958. (Com-mission documents are cited under subject headingsin this report.)

POLITICAL RIGHTS OF WOMENE/3096. Report of 12th session of Commission,

Chapter II.

A/3889. Constitutions, electoral laws and other legalinstruments relating to political rights of women.Memorandum by Secretary-General.

ACCESS OF WOMEN TO EDUCATIONE/3096. Report of 12th session of Commission,

Chapter III.

STATUS OF WOMEN IN PRIVATE LAWE/3096. Report of 12th session of Commission,

Chapter IV.


AGE OF MARRIAGE, FREE CONSENTAND REGISTRATION OF MARRIAGESE/3096, Chapter XVI, B I. Draft resolution re-

commended by Commission, and orally amended byUnited States, adopted unanimously by SocialCommittee on 3 July 1958, meeting 376.

E/3154. Report of Social Committee, draft resolutionB I.

RESOLUTION 680 B I (XXVI), as recommended bySocial Committee, E/3154, adopted unanimouslyby Council on 10 July 1958, meeting 1029.

"The Economic and Social Council"1. Requests the Secretary-General to circulate, to

Member Governments and to non-governmentalorganizations in consultative status with the Council,a questionnaire designed to obtain information onconsent to marriage and requirements as to age andregistration of marriage;

"2. Requests the Secretary-General to prepare forthe fourteenth session of the Commission on the Statusof Women a report based on the information receivedfrom Governments and from non-governmentalorganizations ;

"3. Invites Member Governments and non-govern-mental organizations to co-operate with the Secretary-General by providing the information requested atan early date;

"4. Considers that it may be appropriate to pro-pose desirable standards in this field by means of arecommendation under the auspices of the UnitedNations which would establish a minimum age ofmarriage; the requirement of the free consent of bothparties to the marriage; and the compulsory registra-tion of marriages;

"5. Requests the Secretary-General to prepare forthe fourteenth session of the Commission on the Statusof Women a recommendation dealing with the threequestions outlined in paragraph 4 above."

RITUAL OPERATIONSE/3096, Chapter XVI, B II. Draft resolution re-

commended by Commission and amended by Sudan,United Kingdom and France, unanimously adoptedby Social Committee on 3 July 1958, meeting 376.

E/AC.7/L.304. Sudan amendment to draft resolutionB II submitted by Commission.

E/3154. Report of Social Committee, draft resolutionB II.

RESOLUTION 680 B II (XXVI), as recommended bySocial Committee, E/3154, adopted unanimously byCouncil on 10 July 1958, meeting 1029.

"The Economic and Social Council"1. Invites the World Health Organization to

undertake a study of the persistence of customs whichsubject girls to ritual operations and of the measuresadopted or planned for putting a stop to suchpractices ;

"2. Invites the World Health Organization tocommunicate the results of the study to the Com-mission on the Status of Women before the end of1960, for examination at its fifteenth session."

ECONOMIC OPPORTUNITIES FOR WOMENE/3096. Report of 12th session of Commission,

Chapter V.

PROBLEMS OF WORKING WOMENE/3096, Chapter XVI, C I. Draft resolution re-

commended by Commission, adopted unanimouslyby Social Committee on 3 July 1958, meeting 376.

E/3154. Report of Social Committee, draft resolutionC I.

RESOLUTION 680 C I (XXVI), as recommended bySocial Committee, E/3154, adopted unanimously byCouncil on 10 July 1958, meeting 1029.

"The Economic and Social Council,"Considering that constant improvement of the

conditions of working women, including workingmothers with family responsibilities, is of greatimportance in meeting practical needs and is one ofthe main concerns of the Commission on the Statusof Women,

"Considering that the Social Commission and thespecialized agencies of the United Nations cancontribute, within their respective fields of activity,both towards defining the problems and towardssuggesting solutions for them,

"Considering further that the InternationalChildren's Centre in Paris intends to undertake aninquiry into crèches and day nurseries, which playan important part in the improvement of the livingconditions of working women with familyresponsibilities and are therefore relevant to theterms of reference of the Commission on the Statusof Women,

"Recognizing, however, that the subject of thisinquiry may be more pertinent to the concerns ofother bodies of the United Nations, such as theSocial Commission,

"1. Takes note of the important informationcontained in the reports concerning working women,including working mothers, with family responsibilities,submitted to the Commission on the Status of Womenby the Secretary-General and by the InternationalLabour Office;

"2. Expresses its gratitude to the non-governmentalorganizations in consultative status with the Councilfor their co-operation, and requests them to continuetheir efforts to enlighten public opinion on thisimportant matter;

"3. Draws the attention of Governments of MemberStates to the existing possibilities of utilizing theassistance available through the specialized agenciesfor the purpose of improving the situation of workingwomen, including working mothers, with familyresponsibilities ;

"4. Requests the specialized agencies concerned togive sympathetic consideration to any requestsubmitted to them in connexion with assistance toworking women, including working mothers, withfamily responsibilities, and to report to the Com-mission on the Status of Women on the services sorendered ;

"5. Stresses the importance of the inquiry to be

HUMAN RIGHTS 223

undertaken by the International Children's Centreon crèches and day nurseries, and expresses the wishthat the results of that inquiry be communicated tothe Commission on the Status of Women at one ofits next sessions."

RIGHT TO REST ANDMATERIAL SECURITYE/3096. Report of 12th session of Commission,

Chapter V, paragraphs 82-92.

AGE OF RETIREMENT ANDRIGHT TO PENSIONE/3096, Chapter XVI, C II. Draft resolution re-

commended by Commission.E/AC.7/L.307. USSR amendments to draft resolution

C II, proposed by Commission.E/AC.7/L.308. Chile draft resolution adopted by

Social Committee on 7 July 1958, meeting 377, by16 votes to 0, with 1 abstention.

E/3154. Report of Social Committee draft resolution

RESOLUTION 680 C II (XXVI), as recommended bySocial Committee, E/3154, adopted unanimouslyby Council on 10 July 1958, meeting 1029.

"The Economic and Social Council,"Having considered the draft resolution concerning

age of retirement and right to pension, contained inthe report of the Commission on the Status of Women(twelfth session),

"1. Invites the Commission to consider this matterfurther in the light of previous proceedings and thoseof the present session of the Council;

"2. Requests the Secretary-General to transmit tothe Commission the records of the discussion of thisquestion by the Council."

NATIONALITY OF MARRIED WOMENE/3096. Report of 12th session of Commission,

Chapter VI.

EQUAL PAY FOR EQUAL WORKE/3096. Report of 12th session of Commission,

Chapter VII.E/3097/Rev.1. Recommendation adopted by Com-

mission on Status of Women at its 12th session.Note by Secretary-General.

COMMISSION'S SESSIONSAND WORK PROGRAMMEE/3096, Chapter XVI. Draft resolution A re-

commended by Commission, adopted by SocialCommittee, on 7 July 1958, meeting 377, asamended by United States (E/AC.7/L.305), by17 votes to 0.

E/AC.7/L.305. United States amendment to draftresolution A submitted by Commission.

E/3154. Report of Social Committee, draft resolutionA.

RESOLUTION 680 A (XXVI), as recommended bySocial Committee, E/3154, adopted unanimouslyby Council on 10 July 1958, meeting 1029.

"The Economic and Social Council,"Takes note of the report of the Commission on the

Status of Women (twelfth session), and endorses thework programme and priorities contained therein."

Plenary Meeting 1043.Co-ordination Committee, meetings 171, 172.

E/3096. Report of 12th session of Commission,Chapters IX and XIV.

E/3134. Observations on work programme of Councilin economic, social and human rights fields. Reportby Secretary-General, Section IV B.

E/3149. First report of Co-ordination Committee,draft resolution, paragraphs 4 and 5, and Annex,Section IV (b).

RESOLUTION 693 B (XXVI), as recommended byco-ordination Committee, E/3149, adoptedunanimously by Council on 31 July 1958, meeting1043.By operative paragraph 4 of the resolution, theCouncil:

"endorses the views of the Secretary-General regardingthe periodicity of meetings of functional commissions,that, as a general principle, the biennial patternshould be adopted wherever practicable."

By paragraph 5, the Council:"decides, nevertheless, that the Commission on HumanRights and the Commission on the Status of Womenmay for the time being continue to hold annualmeetings."

Section IV of the Annex to the resolution, para-graphs 9 and 10, reads as follows:"9. The Council welcomes the efforts made by the

Commission on the Status of Women to reduce itsdocumentation by spacing, staggering or discontinuingcertain reports hitherto prepared on an annual basis.With respect to certain reports submitted by theUnited Nations Educational, Scientific and CulturalOrganization annually to the Commission on accessof women to education, the Council considers thatthe general report on the activities of this Organiza-tion in the field of education of women could withadvantage be on a biennial basis in future, whilereports on specific aspects of the problem of accessto women to education should for the time beingcontinue to be submitted annually.

"10. With respect to progress reports on equalpay for equal work prepared by the InternationalLabour Office, the Council notes with satisfactionthat the next report would not be prepared for thethirteenth, but for the fourteenth, session of theCommission on the Status of Women in 1960. TheCouncil endorses the hope expressed by the Secretary-General that the Commission would at a futuresession again consider whether an annual report onequal pay for equal work is indispensable."

(For full text of resolution, see below, DOCUMENT-ARY REFERENCES to CHAPTER XIV, CO-ORDINATION AND

RELATIONS WITH SPECIALIZED AGENCIES AND INTER-

NATIONAL ATOMIC ENERGY AGENCY.)


PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES

The Sub-Commission on Prevention of Dis-crimination and Protection of Minorities, atits tenth session held in January-February 1958,continued its work on problems of eradicatingvarious types of discrimination. Some of theSub-Commission's reports and recommendationson the question were later considered by theCommission on Human Rights at its fourteenthsession, held from 10 March to 3 April.

DISCRIMINATION IN EDUCATIONIn 1958, the Commission on Human Rights

considered, but did not complete action on, thestudy on discrimination in education which hadbeen formulated by the Sub-Commission in1957. The Commission also had before itcomments and suggestions submitted by 18Governments and by the United NationsEducational, Scientific and Cultural Organiza-tion (UNESCO) on the Sub-Commission'srecommendations.

There was general agreement in the Com-mission on the need to draw up a series offundamental principles, on eradicating dis-crimination in education, although differencesof opinion arose as to the form in which theywould eventually be adopted. Some membersfavoured an international convention, othersa declaration, still others a recommendation,and some a combination of these. The Com-mission decided that it would not redraft theprinciples, or consider the form in which theyshould be adopted, until its 1959 session whenit would be able to take advantage of furthercomments received from Governments.

At the same time, the Commission welcomeda decision by the Executive Board of UNESCOto consider recommending that, at its tenthsession in November 1958, the UNESCOGeneral Conference consider the advisability ofpreparing one or more international instrumentsdesigned to eliminate or to prevent discrimina-tion in education. The Commission agreed todiscuss the question later, in the light of furthercomments from United Nations Member Statesand decisions taken by UNESCO bodies during1958. (See also above, section on UNIVERSALDECLARATION OF HUMAN RIGHTS.)

DISCRIMINATION IN EMPLOYMENTAND OCCUPATION

At its tenth session in 1958, the Sub-Commission on Prevention of Discriminationand Protection of Minorities examined a reporton discrimination in employment and occupa-tion, prepared by the International LabourOffice for the forty-second session of the Inter-national Labour Conference. This report,together with a further report on the samesubject, was also considered by the Commissionon Human Rights. The report contained: (1)the text of a proposed convention on discrimina-tion in employment and occupation; (2) thetext of a proposed recommendation on thesubject; and (3) comments on these textscommunicated by Governments. Both the Sub-Commission and the Commission expressedappreciation of the work done by the Inter-national Labour Organisation (ILO) in thisfield.

The Sub-Commission also asked that theresults of ILO's work be transmitted forconsideration at its 1959 session.

DISCRIMINATION IN RELIGIOUSRIGHTS AND PRACTICES

At its 1958 session, the Sub-Commissiondevoted most of its time to discussing a draftreport prepared by its Special Rapporteur,Arcot Krishnaswami, on discrimination inreligious rights and practices. The draft reportcontained a general review of the subjectmatter and a preliminary analysis of theproblems of this type of discrimination, basedon the information available.

The Sub-Commission hoped that the finalreport would be ready for discussion at itseleventh session in 1959.

Also discussed was the way to complete thestudy and the form in which studies onindividual countries would be used. The Sub-Commission recommended that it be alloweda reasonable degree of flexibility in deciding onthis matter. The Human Rights Commissionhoped that issuing the studies only as conferenceroom working papers would prove to beadequate.

HUMAN RIGHTS 225

DISCRIMINATION INPOLITICAL RIGHTS

At its tenth session, the Sub-Commission hadbefore it an interim report by its SpecialRapporteur, Hernàn Santa Cruz, on discrimina-tion in political rights. The report outlined theSpecial Rapporteur's views on the material tobe included in the study and the generalapproach to be taken to the problem of dis-crimination in political rights.

The Sub-Commission decided to undertakea detailed examination of the question in 1959.

FUTURE STUDIESON DISCRIMINATION

In 1958, the Sub-Commission asked one ofits members, José D. Inglés, to prepare apreliminary study, for its 1959 session, on dis-crimination in regard to the "right of everyoneto leave any country, including his own, and toreturn to his country", as stated in the UniversalDeclaration of Human Rights.

CONFERENCE OF NGO'S INTERESTEDIN ERADICATION OF PREJUDICEAND DISCRIMINATION

After examining a report by the Secretary-General on the results of his consultation withnon-governmental organizations (NGO's) onthe convening of a second conference of NGO'sinterested in the eradication of prejudiceand discrimination, the Sub-Commissionunanimously recommended that the conferencebe held in 1959. The Commission on HumanRights unanimously endorsed this view. TheEconomic and Social Council subsequentlydecided, on 21 July 1958, to convene such aconference for a one-week period in 1959. Itdid so in the form of resolution 683 E (XXVI),which was unanimously approved. The Councilasked that the conference's recommendationsbe general and objective in character. It alsoasked for the Sub-Commission's views on theproceedings of the conference.


E/CN.4/764. Report of 10th session of Sub-Commission on Prevention of Discrimination andProtection of Minorities, 13 January-7 February1958. (See annex of this report for list of Sub-Commission documents.)



E/3088. Report of 14th session of Commission onHuman Rights, Chapters III and IV.

CONFERENCE OF NGO'S INTERESTED INERADICATION OF PREJUDICEAND DISCRIMINATIONE/3130 and Corr.1. Report by Secretary-General

containing draft resolution, adopted, as orallyamended, by Social Committee on 9 July 1958,meeting 380, by 17 votes to 0.

E/3160 and Corr.2. Report of Social Committee,draft resolution E.

RESOLUTION 683 E (XXVI), as recommended by SocialCommittee, E/3160, adopted unanimously byCouncil on 21 July 1958, meeting 1041.

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

General on the convening of a second conference ofnon-governmental organizations interested in theeradication of prejudice and discrimination,

"Noting that forty-nine non-governmental organiza-tions are prepared to participate in such a conferenceand that eleven others would consider the possibilityof participating if such a conference were to beconvened,

"1. Decides, in accordance with General Assemblyresolution 479 (V) of 12 December 1950, to authorizethe Secretary-General to convene such a conferencein Geneva for a one-week period in 1959;

"2. Determines that each non-governmentalorganization in consultative status with the Councilshall be invited to send to the conference not morethan two authorized representatives, chosen on thebasis of their stature and leadership, and suchalternates as it may consider necessary, chosen onthe basis of their technical competence to deal withquestions on the agenda;

"3. Requests the Secretary-General, in consultationwith the non-governmental organizations concerned,to prepare the provisional agenda of the conference,including the following items:

"(a) Exchange of views concerning the most effect-ive techniques of combating prejudice and discrimina-tion, including legal, educational and communityaction :

"(i) Progress reports of non-governmental organiza-tions activities in combating prejudice and discrimina-tion since the First Non-Governmental OrganizationConference, with particular reference to implementa-tion of the resolutions of that conference;

"(ii) Education and information techniques for


combating prejudice and discrimination;"(iii) Legal techniques for combating prejudice

and discrimination;"(iv) Techniques of civic and community action

for combating prejudice and discrimination;"(b) Co-operation with United Nations bodies:"(i) Consultation of United Nations bodies with

non-governmental organizations relating to the pre-vention of discrimination and the protection ofminorities ;

"(ii) Further suggestions for non-governmentalorganizations action to assist or supplement the workof the United Nations relating to the prevention ofdiscrimination and the protection of minorities;

"4. Requests the Secretary-General to inviteinterested specialized agencies:

"(a) To make available to the conference relevantstudies ;

"(b) To participate in the conference and to makesuch observations to the conference as they deem

appropriate ;"5. Requests the Secretary-General to make other

necessary arrangements in connexion with theconference ;

"6. Considers that the recommendations of theconference should be general and objective incharacter;

"7. Requests the Commission on Human Rightsto direct the Sub-Commission on Prevention ofDiscrimination and Protection of Minorities to includein its subsequent report to the Commission itsobservations on the proceedings of the conference."


A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Sections IV andVI.

A/3954. Report of Third Committee, pp. 11, 12.

FREEDOM OF INFORMATION

The development of information media in lessadvanced countries, the desirability or undesir-ability of having an international convention onfreedom of information, and ways to encouragethe free flow of information were discussed byvarious United Nations organs during 1958.These problems in the field of freedom ofinformation were raised in the Commission onHuman Rights, the Economic and SocialCouncil and the General Assembly. The actiontaken on different aspects of these questionsis described below.

REPORT OF COMMITTEE ONFREEDOM OF INFORMATION

These problems were dealt with in a reportof a Committee on Freedom of Information setup by the Commission on Human Rights in1957 and consisting of representatives ofFrance, India, Lebanon, Mexico and Poland.

The Committee's report, considered at theCommission's fourteenth session (10 March—3 April 1958) included studies by Committeemembers on: the work of the United Nationsand the specialized agencies, particularly thatof the United Nations Educational, Scientificand Cultural Organization (UNESCO), onfreedom of information; the development ofmedia of information in under-developedcountries; the rights and responsibilities ofmedia of information; and the free circulationof information.

In general, the Committee concluded that:(a) the adoption of one or more internationalconventions on freedom of information wouldhelp to strengthen future United Nations workin this sphere; (b) the full realization of theright to freedom of information depended to alarge extent on the possibility of furnishingthe necessary media of information to under-developed regions where such facilities arelacking; (c) effective assistance in providingequipment and professional training should beenvisaged through the intermediary of thespecialized agencies; and (d) in particular,countries in a privileged position in the informa-tion field should be expected to co-operate withthe less advanced countries in increasing theirfacilities for an information system adapted totheir cultural and social needs. Studies preparedby the individual members of the Committeewere contained in an annex to the report.

The Commission also had before it the textof General Assembly resolution 1189 B (XII)of 11 December 1957 inviting it to consider pro-cedures by which constant review of problemsrelating to freedom of information would beensured.

On 31 March 1958, the Commission adoptedtwo resolutions. The first dealt primarily withthe suggestions of the Committee on Freedomof Information on developing media of informa-tion in under-developed regions. (For furtherdetails, see below, INFORMATION MEDIA IN

HUMAN RIGHTS 227UNDER-DEVELOPED COUNTRIES.) The othersuggestions of the Committee were to beconsidered at the 1959 session of the Com-mission. The resolution was approved by 16votes to 0, with 1 abstention.

The Commission rejected proposals forcontinuing the work of the Committee onFreedom of Information.

By the second resolution, the Commissiondecided to give further consideration at its1959 session, in the light of General Assemblydecisions, to the question of procedures toensure constant review of problems of freedomof information.

CONSIDERATION BY ECONOMIC

AND SOCIAL COUNCIL

The report of the Committee on Freedom ofInformation was considered later in the yearby the Economic and Social Council, at itstwenty-sixth session, in connexion with thereport of the Commission on Human Rights.

On the basis of a United States proposaladopted by the Social Committee, the Councilapproved a resolution inviting Member Statesand non-governmental organizations to transmittheir comments on the Committee's report andrequesting the Commission, in the light of thosecomments, to complete its recommendations onfreedom of information for review by theCouncil.

The decision to this effect was unanimouslyadopted by the Council, as resolution 683 C(XXVI), on 21 July 1958.

DRAFT CONVENTION ONFREEDOM OF INFORMATION

The Draft Convention on Freedom ofInformation was originally drawn up by theUnited Nations Conference on Freedom ofInformation in 1948. In 1951, it was revised byan ad hoc committee of the General Assembly.It was subsequently discussed on severaloccasions in various United Nations bodies butwithout a final decision being taken.

In 1957, in view of the increase in UnitedNations Members, the General Assembly askedthe Secretary-General to re-circulate the textof the preamble and 19 articles of the DraftConvention so that, on the basis of commentsreceived, the appropriate time for further

consideration of the Draft Convention couldbe determined.

In 1958, the Secretary-General presented areport, giving the views of more than 25Governments, to the Assembly's thirteenthsession, at which the matter was referred to theThird Committee.

Afghanistan, India, Iran, Pakistan, thePhilippines, Saudi Arabia, Sudan and theUnited Arab Republic submitted a draft resolu-tion in the Committee. By this text, as laterrevised—and eventually accepted—the Assemblywould state that a Convention on Freedom ofInformation could play an important role inguaranteeing the fundamental right of peoplesto freedom of expression, as enunciated in theUniversal Declaration of Human Rights.Further, the Assembly, realizing that MemberStates required more time to crystallize theirviews, would decide to proceed at its fourteenthsession, in 1959, to a discussion of the text ofthe Draft Convention, giving special considera-tion to any new proposals that might be made.

During the debate, some Members, includingthe sponsors of the resolution and therepresentatives of Indonesia, Lebanon and theUSSR, deemed it essential that the UnitedNations should draw up an internationalinstrument establishing basic rules on freedomof information.

It was also pointed out that recent inter-national tensions had given new urgency to theneed to define the rights and responsibilitiesof information media; and that a conventionon this subject could be of great service infurthering mutual understanding of peoplesand international peace.

Other delegations, including Belgium, France,Japan and the United Kingdom, contendedthat restrictions permitted in the present textof the Convention would curb, rather thanpromote, freedom of information. Otherarguments included the following: agreementon an acceptable text for a Convention was along way off; work on the Draft Conventionshould be postponed until a more favourablepolitical climate prevailed; the majority ofMember States had not sent in their commentson the existing Draft Convention.

Australia and Ireland proposed amending theeight-power resolution so as to postpone


discussion by the Assembly of the Draft Conven-tion until such time as there was "a substantialprospect of the early conclusion of a usefulinstrument commanding general support". TheThird Committee, however, rejected thisamendment by a roll-call vote of 24 in favour,37 against, with 14 abstentions.

The Committee adopted the eight-power texton 5 December 1958 by 49 votes to 14, with10 abstentions. On 12 December 1958, it wasapproved at a plenary meeting of the GeneralAssembly, as resolution 1313 C (XIII), by 49votes to 16, with 10 abstentions.

Measures for developing and aiding informa-tion media in less developed areas and stepsto encourage the free flow of information werealso discussed during the Third Committee'sdebate on the Draft Convention.

Debate and decisions on these two mattersare briefly summarized below.

INFORMATION MEDIA INUNDER-DEVELOPED COUNTRIES

At the request of the General Assembly, theCommission on Human Rights gave specialattention, at its 1958 (fourteenth) session, tothe need for developing information media inunder-developed countries.

Its views on the subject were incorporatedas part of a resolution which the Commissionadopted on 31 March 1958 on the report of itsCommittee on Freedom of Information. TheCommission thereby expressed the hope thatcountries in a position to do so would assistunder-developed countries to develop adequatemedia of information. It also asked theEconomic and Social Council and specializedagencies concerned to take action, in accordancewith the Committee's suggestions, to help thosecountries in building up their information mediaand in promoting their use for the free flow ofaccurate and undistorted news.

The Economic and Social Council did nottake action on this problem in 1958, pendingcompletion in 1959 of the Commission's re-commendations on freedom of information.

The development of information media wasdiscussed later in 1958 at the General Assembly'sthirteenth session during debate on the questionof a Draft Convention on Freedom of Informa-

tion, and other aspects of freedom of informa-tion.

During the debate in the Assembly's ThirdCommittee, the United States submitted a pro-posal envisaging a programme of concrete actionand international measures for developinginformation enterprises in under-developedcountries.

By the resolution as amended and finallyadopted, the Assembly hoped that the Economicand Social Council would, at its mid-1959session, formulate a programme of concreteaction for the development of informationmedia in under-developed countries. It invitedthe Council to ask the Commission on HumanRights to give particular attention to proceduresby which constant review of the problems ofproviding technical assistance to under-developed countries in the field of informationwould be assured and to report regularly to theCouncil on progress made. UNESCO and otherspecialized agencies were invited to formulateproposals to help less developed countries buildup adequate information media.

The text to this effect was adopted by theThird Committee on 5 December 1958 by 70votes to 0, with 4 abstentions. The GeneralAssembly approved it as resolution 1313 A(XIII) by 74 votes to 0, with 4 abstentions, on12 December 1958.

The resolution incorporated USSR amend-ments introduced in the Third Committee. Oneof these amendments called for procedures toensure "a constant review of problems of pro-viding technical assistance to under-developedcountries in the field of information", ratherthan for procedures to ensure "a constant reviewof problems of freedom of information", asproposed by the United States text. This USSRamendment was approved by a roll-call voteof 30 to 21, with 24 abstentions.

FREE FLOW OF INFORMATIONDuring the debate in 1958 at the General

Assembly's thirteenth session on the DraftConvention on Freedom of Information (seeabove), the question of measures to facilitatethe free flow of news and information withincountries and across national frontiers was alsodiscussed.

HUMAN RIGHTS 229The United States proposed a draft resolution

on this subject in the Third Committee. Bythis, the General Assembly would recommendthat, as a contribution to building peace andconfidence, all United Nations Member Statesshould encourage better mutual understandingby taking practical measures to open theircountries to greater freedom of communica-tions. They should do so by the followingmeans: (a) facilitating access to UnitedNations Information programmes; (b) support-ing the activities of United Nations InformationCentres; (c) observing freedom of the press andeliminating censorship; and (d) removingbarriers which deny to their peoples the rightto freedom of information and a free exchangeof ideas, or which impose secrecy on develop-ments behind their national boundaries.

Belgium, Canada, China, Guatemala, Japan,Uruguay and others supported the United Statesproposal on the grounds that: the UnitedNations information programmes should be pro-moted ; the free flow of news inside and betweencountries would promote a more accurateunderstanding of events and situations; a Con-vention was not the only way to safeguard theright to freedom of information.

Saudi Arabia's representative, while deploringwhat he termed the abuses of freedom ofinformation, argued that it was sometimesnecessary to bar dissemination of certain newsitems. The spokesman for India stated that theUnited States text dealt with matters whichwere more appropriately covered in an inter-national instrument.

The representatives of Czechoslovakia,Hungary, Romania and the USSR were alsoamong those who opposed the draft resolution.They contended : that the proposal was designed

to divert attention from the Draft Convention;that barriers which denied peoples the right tofreedom of information could not be removedwithout the adoption of the Draft Convention;that "freedom of the press" and "censorship"were terms which had not been legally defined;and that the United States proposal wouldoblige States to open their doors to foreignpropaganda.

In view of the objections, the United Statesrevised its proposal so that the recommendedways by which Member States would open theircountries to greater freedom of communicationwould include "facilitating the free flow ofinformation through all media" (instead of"observing freedom of the press and eliminatingcensorship, and removing barriers which denyto their peoples the right to freedom of informa-tion and a free exchange of ideas, or whichimpose secrecy on developments behind theirnational boundaries").

The Dominican Republic proposed a changeto have the text refer to facilitating the free flowof "accurate" information. It also proposedchanging the preamble to the draft resolutionto have the General Assembly reiterate its beliefin the free flow of "undistorted" news andinformation (instead of "free flow of news andinformation").

The Third Committee approved the first ofthese amendments by a roll-call vote of 48 to7, with 19 abstentions. The second was acceptedby a roll-call vote of 32 to 8, with 35 abstentions.The draft resolution, as thus amended, wasadopted by 55 votes to 6, with 11 abstentions,on 5 December 1958. On 12 December 1958, theresolution was approved at a plenary meetingof the General Assembly, as resolution 1313 B(XIII), by 61 votes to 0, with 17 abstentions.


REPORT OF COMMITTEEON FREEDOM OF INFORMATION



E/3088. Report of 14th session on Commission onHuman Rights, Chapter V.

E/AC.7/L.309. Note by Secretary-General.E/AC.7/L.311. United States draft resolution,

adopted by Social Committee on 9 July 1958,

meeting 380, by 13 votes to 0, with 4 abstentions.E/3160 and Corr.2. Report of Social Committee, draft

resolution C.RESOLUTION 683 C (XXVI), as recommended by

Social Committee, E/3160, adopted unanimouslyby Council on 21 July 1958, meeting 1041.

"The Economic and Social Council,"Having considered resolution 6 (XIV) on freedom

of information adopted by the Commission on HumanRights at its fourteenth session,

"Observing that the Commission on Human Rights


intends to give further consideration to the reportof its Committee on Freedom of Information at itsfifteenth session,

"1. Requests the Secretary-General to transmit thereport of the Committee on Freedom of Informationto States Members of the United Nations or membersof the specialized agencies and to interested non-governmental organizations in consultative status withthe Council, inviting them to submit their observationson the report to the Commission on Human Rights;

"2. Requests the Commission on Human Rights tocomplete its recommendations on freedom of informa-tion in the light of the report of its Committee andthe comments of such States, the specialized agencies,and non-governmental organizations concerned, forreview by the Council."

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section VII.

DRAFT CONVENTION ONFREEDOM OF INFORMATION


Plenary Meeting 788.Third Committee, meetings 836, 839, 841, 843, 885,

894-904.

A/3868 and Add.1-8. Views and suggestions ofGovernments concerning Draft Convention onFreedom of Information. Report by Secretary-General.

A/C.3/L.704. Liberia and Philippines procedural pro-posal.

A/C.3/L.705. Spain procedural proposal.A/C.3/L.707. Afghanistan, India, Iran, Pakistan,

Philippines, Saudi Arabia, Sudan, United ArabRepublic draft resolution, adopted by ThirdCommittee, as amended by Chile, on 5 December1958, meeting 903, by 49 votes to 13, with 10abstentions.

A/C.3/L.708. Australia and Ireland amendments to8-power draft resolution, A/C.3/L.707.

A/C.3/L.709. Chile sub-amendments to Australia-Ireland amendments, A/C.3/L.708.

A/C.3/L.710. Chile amendments to 8-power draftresolution, A/C.3/L.707.

A/4050. Report of Third Committee, Annex, draftresolution C.

RESOLUTION 1313 C (XIII), as recommended by ThirdCommittee, A/4050, adopted by Assembly on 12December 1958, meeting 788, by 49 votes to 16,with 10 abstentions.

"The General Assembly,"Taking note of the Secretary-General's report on

the consultations he held with Governments pursuantto General Assembly resolution 1189 A (XII) of 11December 1957 concerning the draft Convention onFreedom of Information,

"Bearing in mind the lengthy and heretoforeinconclusive discussions which have taken place in

various bodies of the United Nations on the draftConventions,

"Believing that a convention on freedom of informa-tion can play an important role in guaranteeing tothe peoples of States parties to it their fundamentalright to freedom of expression and of opinion, asenunciated in article 19 of the Universal Declarationof Human Rights,

"Realizing that in view of the importance of thedraft Convention it is desirable that additionalopportunity be given Member States to crystallizetheir views thereon,

"Desirous however of formulating promptly awidely acceptable final text of the draft Conventionwith a view to opening it for signature as soon aspossible,

"Decides:"1. To proceed, at its fourteenth session, to a

discussion of the text of the draft Convention asformulated by the Committee on the Draft Conventionon Freedom of Information, established by the GeneralAssembly in its resolution 426 (V) of 14 December1950, giving special consideration to any new pro-posals that may be made;

"2. To request the Secretary-General, in the lightof the discussion in the Third Committee on thismatter, to invite the Governments of States with whichhe communicated pursuant to General Assemblyresolution 1189 A (XII) to transmit to him anycomments, observations, suggestions, proposals oramendments concerning the text of the draftConvention on Freedom of Information and to reportthereon to the General Assembly at its fourteenthsession."

INFORMATION MEDIA INUNDER-DEVELOPED COUNTRIESE/3088. Report of 14th session of Commission on

Human Rights, Chapter V.


Plenary Meeting 788.Third Committee, meetings 894-904.

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section VII.

A/C.3/L.706 and Rev.1. United States draft resolu-tion and revision, part A, as amended orally byUSSR, adopted by Third Committee on 5 December1958, meeting 903, by 70 votes to 0, with 4abstentions.

A/4050. Report of Third Committee, Annex, draftresolution A.

RESOLUTION 1313 A (XIII), as recommended by ThirdCommittee, A/4050, adopted by Assembly on 12December 1958, meeting 788, by 74 votes to 0,with 4 abstentions.

"The General Assembly,"Noting that the Commission on Human Rights at

its fourteenth session requested the Economic andSocial Council and, through it, the United Nations

HUMAN RIGHTS 231

Educational, Scientific and Cultural Organization andother specialized agencies concerned to initiate actionto consider and implement the suggestions of theCommittee on Freedom of Information concerningunder-developed countries wherever possible and asexpeditiously as possible, with the object of assistingthem to build up adequate media of informationwhich could facilitate the free flow of accurate andundistorted news and information within thesecountries and throughout the membership of theUnited Nations,

"Noting that the Commission on Human Rightswill give further consideration at its fifteenth sessionto the suggestions of the Committee on Freedom ofInformation and that the Economic and SocialCouncil has requested the Commission on HumanRights to complete its recommendations on freedomof information,

"1. Expresses the hope that the Economic andSocial Council, on the basis of the analysis to beprepared by the Secretary-General in response toCouncil resolutions 574 D (XIX) of 26 May 1955and 643 (XXIII) of 25 April 1957, and taking intoaccount recommendations of the Commission onHuman Rights to be submitted in response to Councilresolution 683 C (XXVI) of 21 July 1958, willformulate at its twenty-eighth session a programmeof concrete action and measures on the internationalplane which could be undertaken for the developmentof information enterprises in under-developedcountries, with an evaluation of the material, financialand professional requirements and resources for theimplementation of this programme;

"2. Invites the Economic and Social Council torequest the Commission on Human Rights to giveparticular attention to procedures by which constantreview of the problems of providing technical assist-ance to under-developed countries in the field ofinformation may be assured, and to report regularlyto the Council on progress in this field;

"3. Invites the United Nations Educational,Scientific and Cultural Organization and otherspecialized agencies as appropriate to formulateconcrete proposals to assist in meeting the needs ofless developed countries in building up adequatemedia of information, and to include an account oftheir efforts on this and other aspects of freedom

of information in their annual reports to the Economicand Social Council."

FREE FLOW OF INFORMATION


Plenary Meeting 788.Third Committee, meetings 894-904.

A/C.3/L.706 and Rev.1. United States draft resolu-tion and revision, Part B, as orally amended byDominican Republic, adopted by Third Committeeon 5 December 1958, meeting 503, by 55 votesto 6, with 11 abstentions.

A/4050. Report of Third Committee, Annex, draftresolution B.

RESOLUTION 1313 B (XIII), as recommended by ThirdCommittee, A/4050, adopted by Assembly on 12December 1958, meeting 788, by 61 votes to 0,with 17 abstentions.

"The General Assembly,"Reiterating its belief in the free flow of undistorted

news and information within countries and acrossnational frontiers as the essential basis for an accurateand undistorted understanding of events andsituations,

"Recognizing however that the development ofmedia of information constitutes only a partialmeasure in ensuring freedom of information,

"Recognizing further that greater freedom ofcommunications would lessen international tensionand promote mutual understanding and confidence,thereby allowing countries and peoples more easilyto understand and compose their differences,

"Recommends that all Member States, as acontribution to building peace and confidence, shouldencourage better mutual understanding by takingpractical measures, in co-operation with the pro-grammes of the United Nations and its specializedagencies, to open their countries to greater freedomof communications by:

"(a) Facilitating access to United Nations informa-tion programmes;

"(b) Supporting the activities of United Nationsinformation centres;

"(c) Facilitating the free flow of accurate informa-tion through all media."

OTHER HUMAN RIGHTS QUESTIONS

COMMUNICATIONS ONHUMAN RIGHTSIn accordance with established procedure theSecretary-General submitted to the fourteenthsession of the Commission on Human Rights—held between 10 March and 3 April 1958—a non-confidential list of communications deal-ing with principles involved in the promotion ofuniversal respect for and observance of humanrights. He also submitted a confidential

list containing summaries of 6,930 othercommunications concerning human rights, aswell as observations by Governments on anumber of these communications. Communica-tions about discrimination or the treatment ofminorities or the status of women were alsobrought to the attention of the Sub-Commissionon Prevention of Discrimination and Protectionof Minorities and the Commission on the Statusof Women, respectively.


During discussions in the Human RightsCommission, several representatives expresseddissatisfaction with the existing procedure fordealing with communications alleging violationsof human rights, which is governed byEconomic and Social Council resolution 75 (V)as subsequently amended. It was pointed outthat the Commission, faced with thousandsupon thousands of communications, many ofwhich were, in fact, "anguished appeals forhelp", was unable to do more than "take note",creating thereby the erroneous impression thatit was in some way dealing with the matter.

The Commission eventually agreed, by 9votes to 7, with 1 abstention, to set up acommittee with a view to establishing a pro-cedure better calculated to promote theobservance of human rights. This committeeconsisted of representatives of Argentina, India,Israel, Italy, Lebanon, the Philippines and theUkrainian SSR.

The decision to set up this body was takenover the objections of several Commissionmembers. Among their arguments were thefollowing: Since the United Nations Charterempowered only the Trusteeship Council to dealwith individual petitions there was no need forany additional consideration of the matter.Establishment of a committee would prejudicethe fate of the draft International Covenantson Human Rights in the General Assembly.Even the present procedure of "taking note"was relatively useful, since an increasing numberof Governments were replying to communica-tions transmitted to them.

The Commission took note of the distributionof the lists of communications and the distribu-tion of the replies of Governments.

VICTIMS OF EXPERIMENTSIN NAZI CONCENTRATION CAMPS

In implementing a request made by theEconomic and Social Council in 1951(resolution 386 (XIII)), the Secretary-Generalcontinued forwarding information to theGovernment of the Federal Republic ofGermany about persons who claim to have beenvictims of so-called scientific experiments inNazi concentration camps.

In a progress report on the matter to theEconomic and Social Council's twenty-fifth

session, he said that, as of February 1958, hehad transmitted 537 claims to the Governmentof the Federal Republic.

He had also asked that Government to informhim of action taken to alleviate the plight ofthese survivors, the report added. On 23January 1958 the Federal Government hadtransmitted a report recalling the legal basesfor furnishing assistance, and gave informationat its disposal about action taken on applica-tions received.

TRADE UNION RIGHTSThe Secretary-General, as requested by the

Economic and Social Council, forwards to theGoverning Body of the International LabourOffice (ILO)—for reference, if necessary, tothe Fact-Finding and Conciliation Commissionon Freedom of Association—all allegationsregarding infringements of trade union rightsreceived from Governments or trade union andemployers' organizations relating to memberStates of ILO.

Allegations concerning States which are notmembers of ILO are brought to the attentionof the Council. None, however, was receivedduring 1958.

FORCED LABOURThe Secretary-General also transmitted in

1958 information he had received about forcedlabour to the Director-General of the Inter-national Labour Office (ILO). This was inaccordance with Economic and Social Councilresolution 607 (XXI), which was adopted afterthe ILO Governing Body had decided toestablish an ad hoc committee on forced labourand to seek the collaboration of the UnitedNations.

YEARBOOK ON HUMAN RIGHTSOn 21 July 1958, the Economic and Social

Council took the following decisions on theYearbook on Human Rights:

The Yearbook should contain primarily textsof constitutions, legislation, governmentaldecrees, reports on important court decisions,and international agreements relating to humanrights. To avoid duplication between theYearbook and the triennial periodic reports onhuman rights (see above, section on PERIODIC

HUMAN RIGHTS 233

REPORTS AND SPECIAL STUDIES), the Council

suggested that Governments use the triennialreports to evaluate and interpret events, toindicate difficulties encountered and discusstechniques found to be of particular value,making reference, where necessary, to thefactual material furnished for the Yearbook.From time to time supplementary volumesshould be issued containing statements onspecific rights or groups of rights. A limit wasplaced on the size of the Yearbook.

A resolution to this effect (683 D (XXVI) )was adopted unanimously on the basis of re-commendations by the Human Rights Com-mission and a committee set up by theCommission in 1957 to review the contents and

size of the Yearbook and its relation to otherUnited Nations studies and reports on humanrights matters.

FREQUENCY OF SESSIONS OFHUMAN RIGHTS COMMISSION

At its mid-1958 session, the Economic andSocial Council endorsed the Secretary-General'sview that, as a general principle, a biennialpattern of meetings should be adopted for thefunctional commissions of the Council whereverpracticable, but decided that nevertheless theCommission may for the time being continue tomeet annually. The Council took this decisionin the form of resolution 693 B (XXVI),adopted unanimously on 31 July.


COMMUNICATIONSON HUMAN RIGHTSE/3088. Report of 14th session of Commission on

Human Rights, Chapter IX.E/CN.4/CR.27 and Add.1. Non-confidential list of

communications dealing with principles involvedin promotion of universal respect for and observanceof human rights.

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section VIII.

VICTIMS OF EXPERIMENTS INNAZI CONCENTRATION CAMPSE/3069. Fifth progress report by Secretary-General.

TRADE UNION RIGHTS


Plenary Meeting 999.

E/3065, E/3067. Communications from InternationalConfederation of Free Trade Unions.

E/3094. Note by Secretary-General.

YEARBOOK ON HUMAN RIGHTS


Plenary Meetings, 1041, 1943.Social Committee, meetings 378-380.Co-ordination Committee, meetings 171, 172.

E/3088. Report of 14th session of Commission onHuman Rights, Chapter VI.

E/3088, Chapter XIV. Draft resolution submitted byCommission, adopted by Social Committee, asamended orally by United States, on 9 July 1958,meeting 380, by 16 votes to 0, with 1 abstention.

E/3160 and Corr.2. Report of Social Committee,draft resolution D.

RESOLUTION 683 D (XXVI), as recommended by Social

Committee, E/3160, adopted unanimously byCouncil on 21 July 1958, meeting 1041.

"The Economic and Social Council,"Recognizing the value of the Yearbook on Human

Rights both as an annual record of developments inhuman rights and as a vehicle of internationaltechnical co-operation in this field,

"Recalling its resolution 303 H (XI) of 9 August1950 concerning the Yearbook on Human Rights,resolution 624 B (XXII) of 1 August 1956 concern-ing triennial reports and studies, and resolution Iadopted by the Commission on Human Rights at itseleventh session concerning statements on specificrights or groups of rights, and desiring to settle therelationship between the arrangements following fromthese resolutions,

"Recalling its decision in section I of resolution665 D (XXIV) of 2 August 1957 that the Yearbookon Human Rights for 1955 should be issued withouta separate section on arbitrary arrest, detention andexile, and that the inclusion of a section in theYearbook on a specific project should not be initiateduntil the Commission on Human Rights hadcompleted its review of the scope and content of theYearbook,

"Recalling General Assembly resolution 1203 (XII)of 13 December 1957 on control and limitation ofdocumentation,

I"1. Decides to limit the size of the Yearbook on

Human Rights for 1957 and future annual volumesto about 330 pages in the English edition;

"2. Draws the attention of Governments andgovernment-appointed correspondents to the desir-ability of having their contributions to the Yearbookon Human Rights consist of texts of, or extracts from,new constitutions, constitutional amendments, legisla-tion, general governmental decrees and administrativeorders, and reports on important court decisions,


relating to human rights as defined in the UniversalDeclaration of Human Rights, and such introductoryand explanatory comments as may be necessary todescribe trends and to state results obtained;

"3. Requests the Secretary-General:"(a) To publish in the Yearbook on Human

Rights the following: texts of, or extracts from, newconstitutions, constitutional amendments, legislation,general governmental decrees and administrativeorders, and reports on important court decisions,relating to human rights as defined in the UniversalDeclaration of Human Rights, and such introductoryand explanatory comments as may be considerednecessary to describe trends and to state resultsobtained in States Members of the United Nationsor members of the specialized agencies, this informa-tion to cover metropolitan areas and Trust and Non-Self-Governing Territories; texts of, or extracts from,international agreements concerning such States orterritories bearing on human rights; a table of ratifica-tions of, and accessions to, such agreements;documentary references on United Nations action inrelation to human rights; an introduction and anindex;

"(b) In editing the Yearbook on Human Rights,to co-operate with Governments in achieving the aimsof General Assembly resolution 1203 (XII) and theaims of the present resolution in the matter of thesize and content of the Yearbook;

"(c) To consider ways of making the Yearbook onHuman Rights more generally known.

II"Decides:"(a) That statements on specific rights or groups

of rights prepared in accordance with Councilresolution 303 H (XI) be published from time totime in the form of a supplementary volume to theYearbook on Human Rights, the first of such supple-mentary volumes to contain the statements regardingthe right set forth in article 9 of the UniversalDeclaration of Human Rights, and the second tocontain statements on the right set forth in article 25,paragraph 2, of the Universal Declaration of HumanRights;

"(b) That the size of these supplementary volumesbe limited to about 250 pages in the English edition;

III"Recommends to Governments that, when in reports

under Council resolution 624 B (XXII) they describedevelopments and the progress achieved during thepreceding three years in the field of human rights,and measures taken to safeguard human liberty intheir metropolitan area and Non-Self-Governing andTrust Territories, they avail themselves of theopportunity to evaluate and interpret events, toindicate difficulties encountered and to discusstechniques found to be of particular value; and thatin preparing their triennial reports they refer, wheredesirable, to the factual information furnished for, orpublished in, the Yearbook on Human Rights;

IV"Invites the Commission on Human Rights to bring

this matter under review at its seventeenth sessionin the light of the experience gained of the workingof the arrangement set out in the preceding sectionsof the present resolution."

E/3134 and Add.1. Observations on work programmeof Council in economic, social and human rightsfields. Report by Secretary-General.

E/3149. First report of Co-ordination Committee.RESOLUTION 693 B (XXVI), as recommended by Co-

ordination Committee, E/3149, adopted unanimous-ly by Council on 31 July 1958, meeting 1043.Annex IV of this resolution reads:

IV. Human Rights ActivitiesHuman rights

"7. The Council feels that the Commission onHuman Rights and its Sub-Commission on Discrimina-tion and Protection of Minorities are moving in theright direction in respect to the limitation ofdocumentation.

"8. While the Council has no specific proposals tomake with respect to the Yearbook on Human Rights,the consensus is that at this stage the Yearbook shouldcontinue to be published annually. Overlappingbetween the Yearbook and the triennial reports mustbe avoided. The Council finds the conclusions of theCommittee on the Yearbook acceptable, subject tothe comment of the Secretary-General that in general,only legal or constitutional texts and court decisionsshould be published therein. It stresses the need toavoid duplication between the Secretary-General'ssummary of government reports and the reports ofspecialized agencies and welcomes the suggestion thata detailed plan be drawn up to guide Governmentsin preparing future series of triennial reports."

(For full text of resolution 693 B (XXVI) seebelow, DOCUMENTARY REFERENCES to CHAPTER XIV.)

A/3848. Report of Economic and Social Council toGeneral Assembly, Chapter VII, Section III.

Yearbook on Human Rights for 1955. U.N.P. SalesNo.: 58.XIV.1.

Yearbook on Human Rights for 1956. U.N.P. SalesNo.: 58.XIV.2.

FREQUENCY OF SESSIONS OFHUMAN RIGHTS COMMISSION


Plenary Meeting 1043.Co-ordination Committee, meetings 168, 171.

E/3088. Report of 14th session of Commission onHuman Rights, Chapter X.

E/3134 and Add.l. Observations on work programmeof Council in economic, social and human rightsfields. Report by Secretary-General.

E/3149. First report of Co-ordination Committee.RESOLUTION 693 B (XXVI), as recommended by Co-

ordination Committee, E/3149, adopted unanimous-

REFUGEES 235

ly by Council on 31 July 1958, meeting 1043.By paragraphs 4 and 5 of this resolution the

Council :

"Endorses the views of the Secretary-Generalregarding the periodicity of meetings of functionalcommissions, that, as a general principle, the biennialpattern should be adopted wherever practicable;

"Decides, nevertheless, that the Commission onHuman Rights and the Commission on the Statusof Women may for the time being continue to holdannual meetings . . . ."

(For full text of resolution, see DOCUMENTARYREFERENCES to CHAPTER XIV.)

CHAPTER X

REFUGEES

In 1958 the Office of the United Nations HighCommissioner for Refugees nearly completedits work on the Hungarian refugee problem,which had been before it since the end of 1956.By January 1958, the last of the Hungarianrefugees in Yugoslavia who wished to leave hadbeen moved to other countries. With regard torefugees in Austria, nearly 4,000 were resettledin other countries during 1958, and considerableheadway was made on a programme to aidthose who wished to remain in Austria.

The High Commissioner's Office concentratedits main efforts in 1958 on carrying out theprogramme of the United Nations RefugeeFund (UNREF), which was due to go out ofexistence on 31 December 1958. First prioritywas given to the clearance of refugee camps andto the resettlement of refugees of Europeanorigin from the Far East.

Arrangements were made in 1958 for a newbody, the 25-member Executive Committee ofthe High Commissioner's Programme, to replacethe 21-member UNREF Executive Committeeon 1 January 1959. The continuation of interna-tional assistance to refugees was provided for bythe UNREF Executive Committee at a specialsession held in September 1958.

HUNGARIAN REFUGEE PROBLEMBy the end of December 1958, nearly 167,000

of the total of about 200,000 Hungarian refu-gees who left their homeland after the eventsof 1956 had been moved to countries of reset-tlement; some 17,000 had returned to Hungary;approximately 700 had remained in Yugoslavia,

where they were being integrated into the na-tional economy; and 15,000 remained in Austria,of whom 5,000 were in camps and 1,500 incentres run by voluntary agencies.

A joint appeal for further resettlement op-portunities for Hungarian refugees was madeon 22 April 1958 by the High Commissioner'sOffice and the Intergovernmental Committeefor European Migration (ICEM). In 1958, thetotal number of these refugees in Austria de-creased from 19,000 to 15,000. Some 600 hadbeen resettled in Australia, 1,000 in Canada,400 in Sweden, 200 in Switzerland, 1,000 in theUnited States and 150 in Venezuela. Smallergroups were resettled in other countries.

Some 5,000 of the Hungarian refugees stillin Austria by 30 September 1958 wished toemigrate to overseas countries, and another 1,000wished to be resettled in European countriesoutside Austria. By the end of 1958, emigrationopportunities had been offered for about 4,250of these refugees. In addition, the ConsultativeAssembly of the Council of Europe had re-commended to its Committee of Ministers thatit invite Member Governments to offer, with-out delay, opportunities for resettlement toHungarian refugees in Austria.

For the Hungarian refugees likely to remainin Austria, a $3.5 million programme for per-manent solutions was put into effect. By 30September 1958, about 7,550 refugees hadbenefited under this programme from projectsfor small loans, housing, case work and coun-seling, vocational training and aid to intellec-tuals, students and high school pupils.

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