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A/RES/38/124 GA

Alternative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms : resolution / adopted by the General Assembly

38
Session
132
Yes
1
No
13
Abstentions
Draft symbol A/RES/38/124
Adopted symbol A/RES/38/124
Category SOCIAL CONDITIONS AND EQUITY
Voeten Topics
P5 Positions
Russia United States United Kingdom ~ China France
UN Document A/RES/38/124 ↗

Vote Recorded VoteA/38/PV.100 Dec. 16, 1983

— Abstain (13)
✗ No (1)
Absent (12)
✓ Yes (132)
Full text of resolution OCR extract — may contain errors
218 General Assembly-Thirty-eighth Session 5. Expr<'sscs its appreciation to thc Ciovernments of the Bahamas, Greece and India for acting as hosts to regional and interregional meetings during 1983: 6. Rcqucsts the Secretary-General, through the Com- mission on Narcotic Drugs. to explore ali avenues leading to a further improvement of regional and interregional co- ordination of activities against drug trafficking and drug abuse, in particular: (a) To continue to pursuc clforts and initiativcs with a view to establishing. on a continuing basis, co-ordination mechanisms for drug law enforcement in regions wherc these do not yet exist: (h) To give appropriate priority to measures designed to alleviate the special problems of transit States through co-operative regional and interregional efforts and, in this regard, to bring the present resolution to the attention or ali regional and interregional meetings concerned with drug trafficking and drug abuse: (e) To make every effort to convene. within the resources that may be made available to him. the interre- gional meeting of hcads of national drug law enforcement agencies proposed in paragraph 5 (e) of General Assembly resolution 37 /198: 7. .·1/so rl'qucsts the Secretary-General to prepare a rcport, for revicw by the General Assembly at its thirty- ninth session. on the progress achieved in thc implementa- tion of thc present resolution: 8. /)cridcs to includc in the provisional agenda of 1ts thirty-ninth scssion the itcm cntitled "lntcrnational cam- paign against lraffic in drugs". J()()/h ¡1/nwry meeting / 6 Dcccmher 1983 38/123. National institutions for the protection and promotion of human rights The General As.1011bl;·. Rccal/ing its rcsolutions 32/J 23 of 16 Dccember 1977. 33/46 of 14 Dccember 1978, 34/49 of 23 Novembcr 1979 and 36/134 of 14 Deccmbcr 1981 conccrning national institutions for the promotion and protcction of human rights, Mindful of the guidclincs on the structure and function- ing of national and local institutions for the promotion and protection of human rights, endorsed by the General Assembly in its resolution 33146. Mindful a/so of the need to create conditions, at thc national, regional and intrrnational levcls. for the protec- tion and promotion ofthc human rights of individuals and peoples, Conscious ofthe signilicant role which institutions at the national leve! can play in protecting and promoting human rights and fundamental freedoms and in developing and enhancing public awareness and observance ofthose rights and freedoms, Emphasi::.ing the importance of the Universal Declara- tion of Human Rights, 182 thc lnternational Covenants on Human Rights 183 and othcr international human rights instrumcnts for promoting respect for and obscrvancc of human rights and fundamental frccdoms. 1. Takcs note with appr('(ÜJ//on of the rcport of thc Secrctary-Gencral; 184 2. Invites ali Mcmber States to takc appropriate stcps fór thc establishment or. whcrc they already exist. thc 182 Resolu11on :, 17 /\ ( 111 ). 181 Rc,olu(ion 2200 •\ (X'-.11 ,11,nn strengthening of nal1onal mst1t11tions lnr the protection and promot1on or human righh· .t F111¡,ha.1rn thc 1mporta1ll·t· or tht· integrity and indepcndence of \11ch nat1onal institut1011s. in accordann· with national leg1slati,111 4. Drall's al/, .,11,011 to tlw L'Ollslfuct 1, l' rnk that national non-gcnvrnmcntal org:11111ations can play in the work of national 111stitutions: 5. Reco111111i'l//ls that ali ML·mbn ~lates \hould take appropriatc stcps to encourage the exchangc of npcnencc in the establishment of national 111stitutions: 6. Rcq11cs1s thc Secrctar)-(ieneral to 1ra11smit his rcport to Governments and to invite thcm to submit addi- tional information, commcnh ami obst·rvations, with :1 vicw to develop111g lurthcr thc various typcs of national 111stitutions for thc protcction ami promotion of human rights: 7. A/so rcq11n11 tlw Sccrcl.try-( ieneral, in thc light ol his prcvious rep,>rts and or further information reccived. to submit to thc (iencral As~cmhlv at its thirtv-ninth ses- s1on an updatcd report providing J¡•tailcd inlormation on the various typcs of national and local institutions for the protcction and promotion of human rights, taking into account differing social and legal systcms and thc contrihu- tions that national and local institutions can makc towards the implemcntalwn of intcrnational human nghts instru- mcnts: 8. /)endes t¡, mdudt· 1n thc provisional agenda of its thirty-ninth sess1on tlw suh-1tcm cntitkd "Nat1011al insti- tutions for thc protcction ami promntion of human nghts" /{}(///¡ ¡1/c1111n· 11/Cl'{lllg !{, J.lffc111/>i'r I 983 38/124. Alternative approad1es and ways and meaos within the lJnited Nations system for impro\'ing the dfcctiw enjoyment of human rights and fundamental frcedoms Thc General .111·n11h/t·. Rccal/i11g thal m thc ( ·1i:111n ol thc l lnitcd Nations thc peoplcs of the l l nitcd Nat1ons dl'clarcd thcir dctcrmína- tion to realfirm faith in fundamental human rights. in thc dignity and worth of the human pcrson and in thr equal rights of men ami women and nf nations largc and small and to employ intcrnational machincry for thc promotion of the cconomic and social advanccment nf ali proples, Rccal/111g a/so thc purposcs and principies ofthe Charter to achievc international co-opcration in solving íntcrna- tional problems ofan economic, social, cultural or human- itarian charactcr, and in promoting and encouraging respect for human rights and for fundamental lrccdoms for ali without distinction as to racc. scx, language or rrligion, Rcaf/inning the continucd significance and validity of the Universal Dcclaration or Human Rights 18' and thc importance of thc lntemational Covenants on Human Rights 181 in promoting respcct for and ohsnvance of human rights and rundamcntal frecdnms. Rccalling its rcsolutíon 32, 130 of 16 Dccemhcr 1977. in which it decidl'd that thc approach to the futurc work within thc Umll'd Nat1ons S)Stcm w1th rcspccl to human nghts qucstions should takc into account tht· conccpts set ltirth in that rc~ulution. IX4AJX4lh VI. Rcsolutions adopted on the reports of lhe Third Commi11,•,· 219 Recalling a/so its resolutions 34/46 of 23 Novembcr 1979, 35/174 of 15 December 1980 and 36/133 of 14 December 1981, Recognizing that the human being is the main subject of development and that everyone has the right to participate in, as well as to benefit from, thc dcvclopmcnt proccss, Reiterating once again that the establishment of the new intemational economic order is an cssential elcment for the effective promotion and the full cnjoyment of human rights and fundamental freedoms for alL Reiterating a/so its profound conviction that cqual attention and urgent consideration should be givcn to the implementation, protection and promotion of both civil and political and economic, social and cultural rights, Reaffirming the importance of furthering the activitics of the existing organs of the United Nations system in thc field of human rights in conformity with thc principies of the Charter, Underlining the need for thc creation of conditions at the national and international lcvels for the promotion and full protection of the human rights of individuals and peo- ples, Emphasizing that Governments have the duty to cnsurc respect for ali human rights and fundamental freedoms, Recognizing that ali human rights and fundamental frce- doms are indivisible and interrclatcd and that the right to development is an inalienable human right, Reaffirming that cquality of opportunities for develop- ment is a prerogative both of nations and of individuals within nations, Emphasizing that international pcacc and security are essential elements for the ful! realization of human rights, including the right to development, Recognizing that, through disarmament, rcsources could be released to contribute in a meaningful way to the devcl- opment of all States, particularly the devcloping countrics. Reiterating that co-operation among ali nations on thc basis of respect for the independence, sovcreignty and ter- ritorial integrity of each State, including the right of each people to choose freely its own socio-economic and politi- cal system, is essential for thc promotion of peacc and development, Convinced that the primary aim of such international co-operation must be the achicvemcnt by cach human being of a life of freedom and dignity and freedom from want, Reaffirmingthat nothing in the Universal Declaration of Human Rights may be interprcted as implying for any State, group or person the right to engage in any activity or perform any act aimed at the dcstruction of any of the rights and freedoms set forth therein, • Afjirming that the ultimate aim of dcvclopment is the constant improvement ofthe well-bcing of the entire pop- ulation, on the basis of its full participation in the process of development and a fair distribution of thc bcnefits therefrom, l. Reiterates its request that the Commission on Human Rights continue its current work on the overall analysis with a view to further promoting and improving human rights and fundamental freedoms, including thc question of the Commission's programme and working methods, and on the overall analysis of the alternativc approaches and ways and means for improving thc effec- tive enjoyment of human rights and fundamental free- doms, in accordance with the provisions and concepts of General Assembly resolution 321130 and othcr rclevant texts; ' .·ljfinns that a primar) aim of international co- operation in the ficld of human rights is a lifc of freedom and dignity for ali peoples and for each human being, that ali human rights and fundamental freedoms are indivisible and interrelated and that the promotion and protection of one category of righb should never exempt or excuse Sta tes from the promotion and protection of thc others; 3. . lftirms its proti1wuf co11rictio11 that cqual attention and urgent consideration should be given to the imple- mentation, protection and promotion of hoth civil and political and economic. social and cultural rights; ➔. Reatfirms that it is of paramount importance for the promotion of human rights and fundamental freedoms that Membcr States should undertake specific obligations through accession to, or ratification of, international instruments in this field and, consequently, that the stan- dard-setting work within the l Jnited Nations system in the field of human rights and the universal acccptance and thc implcmentation of the rcle, ant intcrnational instrumcnts should he encouraged: ') Reiterares that the international community should accord, or continue to accord, priorily to the search for solutions to mass and llagrant violations of the human rights of peoplcs and mdividuals affected hy situations such as those mentioned in paragraph 1 (e) of its resolution 321130, paying due attention also to other situations of violations of human rights; 6. Rcatfirms its responsihility for achieving interna- tional co-operation in promoting and encouraging respect for human rights and fundamental frcedoms for ali, and reatlirms thal consisten! patterns of , iolations of human rights, wherever they n,ist, are of conccrn to thc United Nation~: 7. l'.Xf}rcssc.1 conu'm al thc prcscnt ~. uation with regard to thc achievemcnt of the objectives and goals for establishing the new international economic ordc1 and its ad verse effects on the full realization of human right-;, in particular, thc right to development: 8. Rca{Jirms that international pcacc and sccurity are cssential elcments for the full rcahzation of the right to development; <J. Rca{Jirms a/so that thc right to dcvclopment is an inalienable human right: 10. Recogni::.es that ali human rights and fundamental freedoms are indivisible and interrelated; 1 1. ( ·onsiders it ncrcssary that ali Member States pro- mote international co-operation on thc basis of respect for the independencc, sovereignty and territorial integrity of each State, including the right of cach people to choose freely its own socio-economic and political system, with a vicw to resolving international prohlems of an economic, social and humanitarian character; 1 2. /:'xpresses concem a/so at thc disparity existing betwecn the established principies and the actual situation of ali human rights and fundamental frecdoms in various parts of the world; 13. Urges ali States to co-operate with the Commission on Human Rights in the protection and promotion of human rights and fundamental freedoms; 14. Reaffirms a/so that, in order to facilitate thc full cnjoyment of ali rights and complete personal dignity, it is necessary to promote the rights to education, work. health and proper nourishment through the adoption ofmeasures at the national leve], mcluding thosc that provide for workers' participation in management, as well as the adop- tion of measures at thc international levcl, including thc cstablishmt>nt of thc m·w international economic order: 220 General Assembly-Thirty-eighth Session l S. Requests the Commission on Human Rights to take the necessary measures to promote the right to devel- opment, taking into account the results achieved by the Working Group of Govemmental Experts on the Right to Development, which is engaged in the study of the scope and content of the right to development, and welcomes the decision of the Commission in its resolution 1982/17 of 9 March 1982, 185 reaffirmed in its resolution 1983/ l S of 22 February 1983, 186 to the effect that the Working Group should continue its work with the aim of submitting as soon as possible a draft declaration on the right to devel- opment; 16. Decides to include in the provisional agenda of its thirty-ninth session the item entitled "Altemative approaches and ways and means within the United Nations system for improving the effective enjoyment of human rights and fundamental freedoms". 100th p/enary meeting 16 December 1983 38/125. New international humanitarian order The General Assembly, Recalling its resolutions 36/ 136 of 14 December 1981 and 37/201 of 18 December 1982, 185 See Official Records ofthe Econvmic and Social Counci/, /982. Supplc- ment No. 2 (E/1982/12 and Corr.l), chap. XXVI, sect. A. 186 Jbid., /983, Supp/ement No. 3 (E/1983/13 and Corr.l). chap. XXVIL sect. A. Taking note qf the reports of the Secretary-General, 187 Bearing in mind the need for seeking further the views of Govemments regarding the proposal relating to a new intemational humanitarian order, Noting the establishment in July 1983 of the Indepen- dent Commission on Intemational Humanitarian lssues, outside the framework of the United Nations, Recognizing that the work of the lndependent Commis- sion could be useful for further study of the proposal, l. Invites Govemments that have not yet done so to communicate to the Secretary-General their views regard- ing the proposal for the promotion of a new intemational humanitarian order; 2. Requests thc Secretary-General to remain in contact with Govemments, as well as with the Independent Com- mission on lntemational Humanitarian lssues, in order to provide a comprehensive report on the subject to the Gen- eral Assembly at its fortieth session; 3. Decides to review at its fortieth session the question of a new intemational humanitarian order. 187 A/37/145 and A 381450. 100th plenary meeting 16 December 1983
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