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November 4, 2004
Introduction by the Republic of Belarus of a draft resolution
“Situation of Democracy and Human Rights in the United States of
America”
in the Third Committee of the 59th Session of the United Nations General
Assembly
On 2 November 2004 in the Third Committee of the 59th Session of the
United Nations General Assembly the Republic of Belarus introduced a
draft resolution “Situation of Democracy and Human Rights in the United
States of America”. The draft resolution shows that any country in the
world can become an object of legitimate concern in the sphere of human
rights.
The document brings up as matters of primary concern the numerous cases
of violations of human rights committed in the United States of America,
namely in the sphere of electoral procedures, civil liberties, political
and other rights.
The draft resolution suggests that the United States take the necessary
steps in accordance with its constitutional process and with the
provision of the International Covenant on Civil and Political Rights as
well as with respect to the recommendations made by the Inter-American
Commission on Human Rights, and grant the residents of Washington D.C.
an effective remedy, which includes adopting the legislative or other
measures necessary to guarantee to them the effective right to
participate, directly or through freely chosen representatives and in
general conditions of equality, in their national legislature.
The draft resolution proposes that the UN General Assembly urge the
Government of the United States to become a party to all core
international human rights instruments, thus allowing the international
community to monitor the situation of human rights in the USA in full;
to bring the electoral process and legislative framework into line with
international standards; to end immediately the practice of
incommunicado and secret detentions and ensure that conditions of
detention conform to international standards for the treatment of
prisoners and take into account the needs of members of particularly
vulnerable groups; and to bring the actions of its police and security
forces into conformity with its obligations under the International
Covenant on Civil and Political Rights as well as other relevant
international standards.
The text of the draft resolution “Situation of Democracy and Human
Rights in the United States of America” is attached.
Item 105 (c)
Republic of Belarus: draft resolution
Situation of Democracy and Human Rights in the United States
of America
The General Assembly,
Guided by the purposes and principles of the Charter of the United
Nations, the provisions of the Universal Declaration of Human Rights,
the International Covenants on Human Rights and other applicable human
rights instruments,
Reaffirming that all States have an obligation to promote and
protect human rights and fundamental freedoms and to fulfil the
international obligations they have freely undertaken,
Mindful that the United States is a party to the International
Covenant on Civil and Political Rights, the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
International Convention on the Elimination of All Forms of Racial
Discrimination,
Recalling that each State party to the International Covenant on
Civil and Political Rights undertakes to respect and ensure to all
individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant, without distinction of any kind, such
as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,
Reaffirming that improving security and the fight against
terrorism should be conducted in full respect of human rights and
democratic principles,
Bearing in mind the European Parliament Resolution on Guantanamo
of 28 October 2004, B6-0114/2004;
Noting that the United States is a member of the Organization of
America States (OAS) and is obliged to observe the human rights
standards under the OAS Charter, and aware that OAS Inter-American
Commission on Human Rights on December 23, 2003, decided that the denial
of equal participation by the residents of Washington D.C. in their own
national legislature by duly elected representatives constituted
violations of provisions of the American Declaration of the Rights and
Duties of Man,
Noting the Needs Assessment Mission Report on the United States
of America Presidential Elections of the Organization on Security and
Cooperation in Europe (ODIHR.GAL/74/04),
1. Expresses deep concern and dismay:
(a) At reports from credible sources on systematic violations of
fundamental rights and freedoms in the United States including alarming
attacks on press freedom and tight control over news media; arbitrary,
incommunicado and secret detentions and arrests, continued and expanding
intolerance, xenophobia and discrimination;
(b) That the United States election system does not comply with
the US obligations under the International Covenant on Civil and
Political Rights to provide every citizen with the right and opportunity
to vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors;
(c) That despite the report by the US Commission on Civil Rights
on the 2000 Presidential Election which concluded that in Florida there
were election policies and practices in place that prevented some of
Florida’s residents, particularly African Americans, Latinos and
Haitians with language assistance needs, and persons with disabilities,
from voting and from having their votes counted, such practices continue
to occur during the current presidential election;
(d) That some election techniques including verification
requirements disproportionately disenfranchise the pore, the elderly,
minorities, and immigrants;
(e) That despite promising to improve election system after the
2000 Presidential election the United States has failed to reform its
election system which remains fundamentally flawed and could most likely
disenfranchise some eligible voters and allow to manipulate the results
of elections;
(f) That despite the fact that like other OSCE governments, the US
has freely taken on a politically binding commitment to ensure that the
election is free and fair, in some respect the US is not meeting its
commitments by prohibiting OSCE independent international and domestic
observers from monitoring presidential election 2004,
(g) That the United States continues to violate international
standards in its use of the death penalty of people who were under 18
years of age at the time of the crime and for persons who were mentally
ill;
(h) That the US legislative measures to enhance security,
including adoption and implementation of the Patriot Act, have led to
limitation and abuse of vital civil rights and freedoms of the US
nationals;
(i) About information on a situation of deprivation of rights of
undisclosed number of persons detained as a result of military
operations launched in Afghanistan and being held at present in
detention camps located in the area of the United States naval base in
Guantanamo, including minors, as well as about the forced disappearances
of some detainees;
(j) At the continued reports of ill-treatment, tortures, deaths
in custody and excessive use of force by police and prison officers,
including the use of isolation, dogs, sensory and sleep deprivation,
death threats and other forms of torture, or cruel inhuman or degrading
treatment as interrogation techniques;
2. Urges the Government of the United States:
(a) To put an end to the violations of human rights mentioned
above;
(b) To become a party to all core international human rights
instruments, thus allowing the international community to monitor the
situation of human rights in the USA in full;
(c) To fully cooperate with special procedures of the Commission
on Human Rights to ensure that all necessary measures are taken to
investigate fully and impartially all cases of arbitrary detention,
forced disappearance, summary execution and torture and that
perpetrators are brought to justice before an independent tribunal and,
if found guilty, punished in a manner consistent with the international
human rights obligations of the United States;
(d) To bring the electoral process and legislative framework into
line with international standards;
(e) To take the necessary steps in accordance with its constitutional
process and with the provision of the International Covenant on Civil
and Political Rights as well as with respect to the recommendations made
by the Inter-American Commission on Human Rights, and grant the
residents of Washington D.C. an effective remedy, which includes
adopting the legislative or other measures necessary to guarantee to
them the effective right to participate, directly or through freely
chosen representatives and in general conditions of equality, in their
national legislature;
(f) To abolish entirely the death penalty for persons who were
under the age of 18 at the time the crime was committed and for persons
who were mentally ill;
(g) To end immediately the practice of incommunicado and secret
detentions and ensure that conditions of detention conform to
international standards for the treatment of prisoners and take into
account the needs of members of particularly vulnerable groups;
(h) To implement a zero-tolerance-policy on tortures by
investigating all allegations of torture and holding perpetrators of
torture accountable to promote a culture in which torture is regarded as
unacceptable, criminal behavior;
(i) To invite all relevant human rights monitoring mechanisms,
especially the UN Special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment, the Special Rapporteur on
extrajudicial, summary or arbitrary executions, the Working Group on
Enforced or Involuntary Disappearances and the Working Group on
Arbitrary Detention to visit all places of detention, and grant them
unlimited access to all detention centers;
(j) To take urgent measures to put national security legislative
acts in compliance with the US obligations under relevant international
instruments;
(k) To bring the actions of its police and security forces into
conformity with its obligations under the International Covenant on
Civil and Political Rights as well as other relevant international
standards;
4. Insists that the Government of the United States cooperate
fully with and extend invitation to all the mechanisms of the Commission
of Human Rights, including the Working Group on Arbitrary Detention,
Working Group on Enforced or Involuntary Disappearances, Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, the Special Rapporteur on extrajudicial, summary or
arbitrary executions;
5. Decides to consider this question at its sixtieth session,
under the same agenda item.
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