A/RES/42/96 GA

VI. Resolutions adopted on the reports of the Third Committee 197 Rights,2 under which no one shall be subjected to torture or to cruel, inhuman or degrading treatment; 3 7. Urges ali S tates, the specialized agencies, organiza- tions ofthe United Nations system and other intemational organizations to extend their support to the Palestinian people through its sole and legitimate representative, the Palestine Liberation Organization, in its struggle to regain its right to self-determination and independence in accor- dance with the Charter; 38. Expresses its appreciation for the material and other forms of assistance that peoples under colonial rule continue to receive from Governments, organizations of the United Nations system and intergovernmental organi- zations, and calls for a substantial increase in this assis- tance; 39. Urges ali States, the specialized agencies and other· competent organizations of the United Nations system to do their utmost to ensure the full implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to intensify their efforts to sup- port peoples under colonial, foreign and racist domination in their just struggle for self-determination and indepen- dence; 40. Requests the Secretary-General to give maximum publicity to the Declaration on the Granting of Indepen- dence to Colonial Countries and Peoples and to give the widest possible publicity to the struggle of oppressed peo- ples for the achievement of their self-determination and national independence and to report periodically to the General Assembly on bis activities in this regard; 41. Decides to consider this item at its forty-third ses- sion on the basis of the reports on the strengthening of as- sistance to colonial territories and peoples that Govern- ments, organizations of the United Nations system and intergovemmental and non-governmental organizations have been requested to submit. 93rd plenary meeting 7 December 1987 42/96. Use of mercenaries as a meaos to violate human rights and to impede the exercise of the right of peoples to self-determination The General Assembly, Bearing in mind the need for strict observance of the principies of sovereign equality, political independence, territorial integrity of States and self-determination of peoples, as well as scrupulous respect for the principie of the non-use or threat of the use of force in intemational re- lations, enshrined in the Charter of the United Nations and developed in the Declaration on Principies of Interna- tional Law concerning Friendly Relations and Co- operation among States in accordance with the Charter of the United Nations,75 Reaffirming the legitimacy of the struggle of peoples and their liberation movements for their independence, ter- ritorial integrity, national unity and liberation from colonial domination, apartheid and foreign intervention and occupation, and that their legitimate struggle can in no way be considered as or equated to mercenary activity, Deeply concerned about the increasing menace that the activities of mercenarics represen! for all States, particu- larly African, Central American and other developing States, 75 Resolution 2625 (XXV), armex. Recognizing that mercenarism is a threat to intema- tional peace and security, Recognizing also that the activities of mercenaries are contrary to fundamental principies of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously im- pede the process of self-determination of peoples strug- gling against colonialism, racism and apartheid and all forms of foreign domination, Recalling ali of its relevant resolutions, particularly resolution 41/102 of 4 December 1986, in which it de- nounced the practice of using mercenaries, in particular against developing countries and national liberation movements, Recalling also Security Council resolutions 239 (1967) of 10 July 1967, 405 (1977) of 14 April 1977, 419 (1977) of 24 November 1977, 496 (1981) of 15 December 1981 and 507 (1982) of 28 May 1982, in which the Council, in- ter alia, condemned any State that persisted in permitting or tolerating the recruitment of mercenaries, and the provision of facilities to them, with the objective of over- throwing the Governments of States Members of the United Nations, Welcoming the adoption by the Economic and Social Council of resolution 1987/61 of 29 May 1987, in which the Council condemned the increased recruitment, financ- ing, training, assembly, transit and use of mercenaries, Reaffirming its decision, in its resolution 32/130 of 16 December 1977, to accord priority to the search for so- lutions to the mass and flagrant violations ofhuman rights of peoples and persons affected by situations such as those resulting, inter afia, from aggression and threats against national sovereignty, national unity and territorial integ- rity, Recalling the relevant resolutions of the Organization of African Unity and the convention adopted by the Assem- bly ofHeads ofState and Government ofthe Organization of African Unity at its fourteenth ordinary session, held at Libreville from 2 to 5 July 1977,76 condemning and out- lawing mercenarism and its adverse effects on the indepen- dence and territorial integrity of African States, Deeply con cerned at the Joss of life, the substantial dam- age to property and the short-term and long-term negative effects on the economy of southern African countries re- sulting from mercenary aggression, 1. Condemns the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as ali other forms of support to mercenaries for the pur- pose of destabilizing and overthrowing the Governments of southern Africa and Central America and of other de- veloping States and fighting against the national Jiberation movements of peoples struggling for the exercise of their right to self-determination: 2. Strongly condemns the racist régime ofSouth Africa for its increasing use of groups of armed mercenaries against national liberation movements and for the de- stabilization of the Governments of southern African States; 3. Denounces any State that persists in the recruit- ment, or permits or tolerates the recruitment, of merce- naries and provides facilities to them for launching armed aggression against other States; 4. Calls upon all States to exercise the utmost vigilance against the menace posed by the activities of mercenaries 7b See A/_,2/310. annex 11 198 General Assembly-Forty-second Session and to ensure, by both administrative and legislative mea- sures, that the territory of those States and other territo- ries under their control, as well as their nationals, are not used for the recruitment, assembly, financing, training and transit of mercenaries, or the planning of such activities designed to destabilize or overthrow the Government of any State and to fight the national liberation movements struggling against racism, apartheid, colonial domination and foreign intervention and occupation for their indepen- dence, territorial integrity and national unity; 5. Urges all States to take the necessary measures un- der their respective domestic laws to prohibit the recruit- ment, financing, training and transit of mercenaries on their territory; 6. Calls upon all States to extend humanitarian assis- tance to victims of situations resulting from the use of mercenaries, as well as from colonial or alíen domination or foreign occupation; 7. Considers it inadmissible to use channels of humanitarian and other assistance to finance, train and arm mercenaries; 8. Welcomes with satisfaction the appointment by the Commission on Human Rights, in its resolution 1987/16 of 9 March 1987,26 of a special rapporteur to study the matter with a view to preparing a report for consideration by the Commission at its forty-fourth session and requests that the report be transmitted to the General Assembly at its forty-third session; 9. Decides to pay due attention to the matter at its forty-third session under the item entitled "lmportance of the universal realization of the right of peoples to self- determination and ofthe speedy granting ofindependence to colonial countries and peoples for the effective guaran- tee and observance of human rights". 93rd plenary meeting 7 December 1987 42/97. Elimination of ali forms of religious intolerance The General Assembly, Conscious of the need to promote universal respect for, and observance of, human rights and fundamental free- doms for ali without distinction as to race, sex, language or religion, Reaffirming its resolution 36/55 of 25 November 1981, by which it proclaimed the Declaration on the Elimina- tion of Ali Forms of Intolerance and of Discrimination Based on Religion or Belief, Recal/ing its resolution 41/112 of 4 December 1986, in which it requested the Commission on Human Rights to continue its consideration of measures to implement the Declaration, Encouraged by the efforts being made by the Commis- sion on Human Rights and by the Sub-Commission on Prevention ofDiscrimination and Protection ofMinorities to study relevant developments affecting the implementa- tion of the Declaration, Taking note of Commission on Human Rights resolu- tion 1987 / 15 of 4 March 198726 and Economic and Social Council decision 1987/143 of 29 May 1987, whereby the mandate of the Special Rapporteur appointed to examine incidents and governmental actions in ali parts of the world that are incompatible with the provisions of the Declaration and to recommend remedia! measures as ap- propriate, was extended for onc ycar, Noting with satisfaction that the Sub-Commission on Prevention ofDiscrimination and Protection ofMinorities examined at its thirty-ninth session the study concluded by the Special Rapporteur,77 in accordance with Sub- Commission resolution 1983/31 of 6 September 1983,78 on the current dimensions of the problems of intolerance and of discrimination on the grounds of religion or belief and laid the foundation in its resolution 1987 /33 of 4 Sep- tember 198779 for future in-depth study of aspects of the issues raised in the study, Emphasizing that non-governmental organizations and religious bodies and groups at every leve! have an impor- tant role to play in the promotion oftolerance and the pro- tection of freedom of religion or belief, Seriously concerned that intolerance and discrimination on the grounds of religion or belief continue to exist in many parts of the world, Believing that further efforts are therefore required to promote and protect the right to freedom of thought, con- science, religion and belief and to eliminate ali forms of in- tolerance and discrimination based on religion or belief, 1. Reaffirms that freedom of thought, conscience, reli- gion and belief is a right guaranteed to ali without dis- crimination; 2. Urges States, therefore, in accordance with their re- spective constitutional systems and with such internation- ally accepted instruments as the Universal Declaration of Human Rights,2 the International Covenant on Civil and Political Rights 13 and the Declaration on the Elimination of Ali Forms of Intolerance and of Discrimination Based on Religion or Belief to provide, where they have not al- ready done so, adequate constitutional and legal guaran- tees offreedom ofthought, conscience, religion and belief, including the provision of effective remedies where there is intolerance or discrimination based on religion or belief; 3. Stresses, in this connection, the value of the work in progress in the Commission on Human Rights on the preparation of a compendium of national legislation and regulations on the question of freedom of religion or belief and invites States to provide the necessary information to the Secretary-General, with particular regard to the mea- sures taken to combat intolerance or discrimination in this field; 4. Urges ali States to take ali appropriate measures to combat intolerance and to encourage understanding, tol- erance and respect in matters relating to freedom of reli- gion or belief and, in this context, to examine where neces- sary the supervision and training of their civil servants, educators and other public officials to ensure that, in the course of their official duties, they respect different reli- gions and beliefs and do not discriminate against persons professing other religions or beliefs; 5. Invites the United Nations University and other academic and research institutions to undertake pro- grammes and studies on the encouragement of under- standing, tolerance and respect in matters relating to free- dom of religion or belief; 6. Considers it desirable to enhance the promotional and public information activities of the U nited Nations in matters relating to freedom of religion or belief; 7. Invites the Secretary-General to continue to give high priority to the dissemination of the text of the Decla- 77 E/CN.4/Sub.2/ 1987 /26. 78 See E/CN.4/1984/3-E/CN.4/Sub.2/1983/43 and Corr.l and 2, cha.p. XXI, sect. A. 7 See E/CN.4/1988/.17-E/CN.4/Suh.2/1987/42 and Corr. l, chap. 1, Sl'CI. B.

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