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 |
|
| UN Document | A/RES/38/124 ↗ |
Vote Recorded Vote — A/38/PV.100
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Afghanistan
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Algeria
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Angola
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Argentina
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Australia
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Austria
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Bahamas
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Bahrain
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Bangladesh
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Belgium
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Belize
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Benin
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Bhutan
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Plurinational State of Bolivia
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Botswana
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Brazil
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Bulgaria
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Myanmar
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Burundi
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Belarus
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Cabo Verde
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Chad
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Chile
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China
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Colombia
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Congo
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Costa Rica
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Cuba
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Cyprus
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Czechoslovakia
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Cambodia
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Democratic Yemen
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Djibouti
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Dominica
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Dominican Republic
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Ecuador
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Egypt
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El Salvador
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Equatorial Guinea
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Ethiopia
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Fiji
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France
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Gabon
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Gambia
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German Democratic Republic
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Ghana
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Greece
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Grenada
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Guatemala
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Guinea
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Guinea-Bissau
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Guyana
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Haiti
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Honduras
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Hungary
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India
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Indonesia
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Islamic Republic of Iran
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Iraq
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Italy
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Côte d'Ivoire
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Jamaica
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Jordan
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Kenya
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Kuwait
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Lao People's Democratic Republic
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Lebanon
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Lesotho
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Liberia
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Libya
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Madagascar
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Malawi
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Malaysia
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Maldives
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Mali
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Malta
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Mauritania
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Mauritius
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Mexico
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Mongolia
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Morocco
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Mozambique
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Nepal
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Netherlands
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New Zealand
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Nicaragua
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Niger
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Nigeria
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Oman
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Pakistan
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Panama
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Papua New Guinea
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Paraguay
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Peru
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Philippines
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Poland
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Portugal
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Qatar
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Romania
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Rwanda
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Sao Tome and Principe
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Saudi Arabia
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Senegal
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Sierra Leone
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Singapore
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Somalia
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Spain
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Sri Lanka
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Sudan
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Suriname
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Eswatini
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Syrian Arab Republic
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Thailand
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Togo
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Trinidad and Tobago
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Tunisia
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Uganda
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Ukraine
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Union of Soviet Socialist Republics
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United Arab Emirates
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Cameroon
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United Republic of Tanzania
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Burkina Faso
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Uruguay
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Vanuatu
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Bolivarian Republic of Venezuela
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Viet Nam
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Yemen
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Yugoslavia
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Democratic Republic of the Congo
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Zambia
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Zimbabwe
Full text of resolution
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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