Deutscher Übersetzungsdienst, Vereinte Nationen, New York Februar 2004 Resolution des Wirtschafts- und Sozialrats verabschiedet am 16. Juni 2000 Verfahren für die Behandlung von Mitteilungen betreffend Menschenrechte Der Wirtschafts- und Sozialrat, unter Hinweis auf seine Resolution 728 F (XXVIII) vom 30. Juli 1959 über die Behandlung von Mitteilungen betreffend Menschenrechte sowie auf seinen diesbezüglichen Beschluss 79 (LVIII) vom 6. Mai 1975, sowie unter Hinweis auf seine Resolution 1235 (XLII) vom 6. Juni 1967, mit der er die Menschenrechtskommission ermächtigte, Informationen über schwere Verletzungen der Menschenrechte und Grundfreiheiten zu untersuchen, seine Resolution 1503 (XLVIII) vom 27. Mai 1970, mit der ein Verfahren für die Behandlung von Mitteilungen über Verletzungen von Menschenrechten und Grundfreiheiten geschaffen wurde, und seine Resolution 1990/41 vom 25. Mai 1990 betreffend die Schaffung der Arbeitsgruppe für Situationen, ihre Zusammensetzung und die Benennung ihrer Mitglieder, ferner unter Hinweis auf die Resolution 1 (XXIV) der Unterkommission für die Verhütung von Diskriminierung und den Schutz von Minderheiten (jetzt Unterkommission für die Förderung und den Schutz der Menschenrechte) vom 13. August 1971 betreffend die Kriterien für die Zulässigkeit von Mitteilungen sowie die Resolution 2 (XXIV) der Unterkommission vom 16. August 1971 betreffend die Schaffung der Arbeitsgruppe für Mitteilungen, ihre Zusammensetzung und die Benennung ihrer Mitglieder, unter Hinweis auf die Beschlüsse der Menschenrechtskommission 3 (XXX) vom 6. März 1974, 5 (XXXIV) vom 3. März 1978 und 9 (XXXVI) vom 7. März 1980, die alle das Ziel verfolgen, die Mitwirkung und Zusammenarbeit der Regierungen im Rahmen des Verfahrens zu erleichtern, sowie auf den Beschluss 3 (XXXIV) vom 3. März 1978, mit dem der Vorsitzende/Berichterstatter der Arbeitsgruppe für Mitteilungen eingeladen wird, während der Beratungen der Kommission über diesen Gegenstand anwesend zu sein, in Anbetracht des Beschlusses 2000/109 der Menschenrechtskommission vom 26. April 2000, in dem die Kommission unter anderem die Empfehlungen ihrer intersessionellen offenen Arbeitsgruppe zur Verbesserung der Wirksamkeit der Mechanismen der Menschenrechtskommission betreffend die Überprüfung des Verfahrens nach Resolution 1503 (XLVIII) des Wirtschafts- und Sozialrats und den damit zusammenhängenden Resolutionen und Beschlüssen billigte, 1. macht sich den Kommissionsbeschluss 2000/109 vom 26. April 20007 zu eigen, soweit er die Überprüfung des Verfahrens nach Resolution 1503 (XLVIII) des Wirtschafts- und Sozialrats und damit zusammenhängenden Resolutionen und Beschlüssen betrifft; 2. beschließt dementsprechend, dass die im Einklang mit Ziffer 37 des Berichts der intersessionellen offenen Arbeitsgruppe zur Verbesserung der Wirksamkeit der Mechanismen der Menschenrechtskommission eingerichtete Arbeitsgruppe für Mitteilungen künftig alljährlich für einen Zeitraum von zwei Wochen unmittelbar im Anschluss an die Jahrestagung der Unterkommission für die Förderung und den Schutz der Menschenrechte zusammentritt, um die nach Ratsresolution 728 F (XXVIII) eingegangenen Mitteilungen, die den betroffenen Regierungen spätestens 12 Wochen vor der Tagung der Arbeitsgruppe übermittelt wurden, sowie diesbezügliche Gegenäußerungen der Regierungen zu prüfen, im Einklang mit den in Resolution 1 (XXIV) der Unterkommission enthaltenen Kriterien für die Zulässigkeit von Mitteilungen1, mit dem Ziel, der Arbeitsgruppe für Situationen bestimmte Situationen zur Kenntnis zu bringen, die einen Gesamtzusammenhang von schweren und verlässlich nachgewiesenen Verletzungen der Menschenrechte und Grundfreiheiten erkennen lassen; 3. ersucht den Generalsekretär, mit Billigung des Vorsitzenden/Berichterstatters der Arbeitsgruppe für Mitteilungen bei der Ausarbeitung der monatlichen vertraulichen Zusammenfassungen der Mitteilungen (vertrauliche Mitteilungsliste), die den Mitgliedern der Arbeitsgruppe übermittelt werden, offensichtlich unbegründete Mitteilungen auszusondern, wobei die ausgesonderten Mitteilungen nicht zur Gegenäußerung an die betroffenen Regierungen übermittelt werden; 4. fordert den Generalsekretär auf, die betroffenen Länder unmittelbar nach Abschluss der Tagung der Arbeitsgruppe für Mitteilungen über die Maßnahmen, die in Bezug auf sie ergriffen wurden, zu unterrichten; 5. beauftragt die Arbeitsgruppe für Situationen, die im Einklang mit Ziffer 40 des Berichts der intersessionellen offenen Arbeitsgruppe zur Verbesserung der Wirksamkeit der Mechanismen der Menschenrechtskommission eingesetzt wurde9 und die alljährlich mindestens einen Monat vor der Jahrestagung der Kommission für eine Woche zusammentreten soll, den vertraulichen Bericht und die Empfehlungen der Arbeitsgruppe für Mitteilungen zu prüfen und zu entscheiden, ob eine bestimmte ihr zur Kenntnis gebrachte Situation vor die Menschenrechtskommission gebracht werden soll oder nicht, sowie die konkreten Situationen zu prüfen, die von der Menschenrechtskommission im Rahmen des Verfahrens weiter beobachtet werden, und dementsprechend der Kommission einen vertraulichen Bericht vorzulegen, der die wichtigsten Problembereiche aufzeigt, in der Regel zusammen mit dem Entwurf einer Resolution oder eines Beschlusses mit Empfehlungen zu den Maßnahmen, die von der Kommission in Bezug auf die an sie überwiesenen Situationen zu ergreifen sind; 6. ersucht den Generalsekretär, die vertraulichen Akten mindestens eine Woche vor der ersten nichtöffentlichen Sitzung allen Mitgliedern der Menschenrechtskommission zur Verfügung zu stellen; 7. ermächtigt die Menschenrechtskommission, soweit sie dies für angezeigt hält, die ihr von der Arbeitsgruppe für Situationen vorgelegten konkreten Situationen sowie die weiter beobachteten Situationen in zwei gesonderten nichtöffentlichen Sitzungen nach folgenden Modalitäten zu prüfen: a) Auf der ersten nichtöffentlichen Sitzung wird jedes betroffene Land eingeladen, eine einführende Erklärung abzugeben; daran schließt sich eine Diskussion zwischen den Mitgliedern der Kommission und der betroffenen Regierung auf der Grundlage des Inhalts der vertraulichen Akten und des Berichts der Arbeitsgruppe für Situationen an; b) in der Zeit zwischen der ersten und zweiten nichtöffentlichen Sitzung kann jedes Kommissionsmitglied einen Alternativ- oder Änderungsvorschlag zu jedem von der Arbeitsgruppe für Situationen übermittelten Wortlaut vorlegen; alle derartigen Entwürfe werden vom Sekretariat vor der zweiten nichtöffentlichen Sitzung im Einklang mit der Geschäftsordnung der Fachkommissionen des Wirtschafts- und Sozialrats vertraulich verteilt; c) auf der zweiten nichtöffentlichen Sitzung erörtern die Mitglieder der Kommission die Resolutions- oder Beschlussentwürfe und beschließen darüber; ein oder mehrere Vertreter der betroffenen Regierung haben das Recht, während der Verabschiedung des endgültigen Beschlusses/der endgültigen Resolution betreffend die Menschenrechtssituation in ihrem Land anwesend zu sein; entsprechend der bisherigen Praxis gibt der Vorsitzende der Kommission anschließend in einer öffentlichen Sitzung die Länder bekannt, die Gegenstand einer Prüfung im Rahmen des 1503-Verfahrens waren, sowie die Namen der Länder, die nicht mehr Gegenstand eines Verfahrens sind; die 1503-Unterlagen bleiben vertraulich, es sei denn, die betreffende Regierung äußert den Wunsch, dass sie veröffentlicht werden; d) entsprechend der bisherigen Praxis soll in Bezug auf die jeweilige Situation eine der folgenden Maßnahmen getroffen werden: i) Einstellung der Prüfung der Angelegenheit, wenn eine weitere Prüfung oder weitere Maßnahmen nicht gerechtfertigt sind; ii) weitere Beobachtung der Situation im Lichte weiterer Informationen, die von der betroffenen Regierung eingehen, sowie weiterer Informationen, die der Kommission im Rahmen des 1503-Verfahrens zugehen können; iii) weitere Beobachtung der Situation und Ernennung eines unabhängigen Experten; iv) Einstellung der Prüfung der Angelegenheit im Rahmen des vertraulichen Verfahrens nach Ratsresolution 1503 (XLVIII), damit dieselbe Angelegenheit im Rahmen des öffentlichen Verfahrens nach Ratsresolution 1235 (XLII) geprüft werden kann; 8. beschließt, dass die von dieser Neuorganisation der Arbeit unberührten Bestimmungen der Ratsresolution 1503 (XLVIII) und damit zusammenhängender Resolutionen und Beschlüsse in Kraft bleiben, namentlich a) die Bestimmungen betreffend die Aufgaben und Verantwortlichkeiten des Generalsekretärs, wobei für die Behandlung der Mitteilungen und der diesbezüglichen Gegenäußerungen der Regierungen folgende Aufgaben und Verantwortlichkeiten gelten: i) Es sind auch weiterhin monatlich vertrauliche Zusammenfassungen der eingegangenen Mitteilungen über behauptete Verletzungen der Menschenrechte zu erstellen; Angaben zur Identität der Urheber können auf Antrag gelöscht werden; ii) ein Exemplar jeder zusammengefassten Mitteilung ist in der Sprache, in der sie eingegangen ist, zur Gegenäußerung an die betroffene Regierung weiterzuleiten, ohne dabei die Identität des Urhebers bekannt zu geben, falls er dies wünscht; iii) den Urhebern der Mitteilungen ist deren Eingang zu bestätigen; iv) die von den Regierungen eingegangenen Gegenäußerungen sind wie zuvor zu vervielfältigen und an die Mitglieder der Kommission zu verteilen; b) die Bestimmungen zur Erleichterung der Zusammenarbeit und Mitwirkung der Regierungen an dem Verfahren, einschließlich der Bestimmungen des Kommissionsbeschlusses 3 (XXX) vom 6. März 19743, die künftig nach den Tagungen der Arbeitsgruppe für Mitteilungen anzuwenden sind; 9. beschließt, dass alle von der Arbeitsgruppe für Mitteilungen, der Arbeitsgruppe für Situationen und der Menschenrechtskommission bei der Durchführung dieser Resolution vorgesehenen Maßnahmen so lange vertraulich bleiben, bis die Kommission entscheidet, Empfehlungen an den Wirtschafts- und Sozialrat zu richten; 10. beschließt, dass das geänderte Verfahren auch künftig als 1503-Verfahren bezeichnet werden kann. 10. Plenarsitzung 16. Juni 2000 Siehe E/CN.4/1070 und Corr.1 Ebd. Official Records of the Economic and Social Council, Fifty-sixth Session, Supplement No. 5 (E/5464), Kap. XIX, Abschnitt B. Ebd., 1978, Supplement No. 4 (E/1978/34), Kap. XXVI, Abschnitt B. Ebd., 1980, Supplement No. 3 (E/1980/13), Kap. XXVI, Abschnitt B. Ebd., 1978, Supplement No. 4 (E/1978/34), Kap. XXVI, Abschnitt B. Ebd., 2000, Supplement No. 23 (E/2000/23), Kap. II, Abschnitt B. E/CN.4/2000/112, Kap. Drei. E/RES/2000/3 Seite 2 E/RES/2000/3 Seite 2 E/RES/2000/3 Seite 2 E/RES/2000/3 Seite 3
Resolutions and decisions adopted by the Economic and Social Council at its resumed organizational session for 2000 (3-10 May and 16 June 2000) Note: The provisional texts of the resolutions and decisions adopted by the Council at its resumed organizational session for 2000 are circulated herein for information. The final texts will be issued in Official Records of the Economic and Social Council, 2000, Supplement No. 1 (E/2000/99). Contents Resolutions Decisions Resolutions 2000/1 Follow-up to the International Year of Older Persons: Second World Assembly on Ageing The Economic and Social Council recommends to the General Assembly the adoption of the following draft resolution: “The General Assembly, “Recalling the World Assembly on Ageing, held at Vienna in 1982, which adopted the International Plan of Action on Ageing, “Reaffirming the importance of the United Nations Principles for Older Persons, as adopted by the General Assembly in its resolution 46/91 of 16 December 1991, “Recalling General Assembly resolution 54/24 of 10 November 1999 and previous resolutions on ageing and the International Year of Older Persons, “Acknowledging the initiatives undertaken and the momentum generated, at all levels, towards addressing the challenge of ageing and the concerns and contributions of ageing and older persons by the celebration of the International Year of Older Persons, and convinced of the necessity of ensuring an action-oriented follow-up to the International Year of Older Persons with a view to sustaining that momentum, “Recalling resolution 37/2 of the Commission for Social Development, “Bearing in mind that, under General Assembly resolution 54/24, the Commission for Social Development has been entrusted with the revision of the International Plan of Action on Ageing and the elaboration of a long-term strategy on ageing, “Recalling the offer made at its fifty-fourth session by the Government of Spain to host a second World Assembly on Ageing in 2002, “1. Decides to convene the Second World Assembly on Ageing in 2002, on the occasion of the twentieth anniversary of the Vienna World Assembly on Ageing, devoted to the overall review of the outcome of the first World Assembly, as well as to the adoption of a revised plan of action and a long-term strategy on ageing, encompassing its periodic reviews, in the context of a society for all ages; “2. Stresses that, in fulfilling these objectives, the Second World Assembly should give particular attention, inter alia, to: (a) Action-oriented measures to be taken by societies in a comprehensive response to the current ageing processes, on the basis of the best practices and lessons learned during the International Year of Older Persons, and bearing in mind the social, cultural and economic realities of each society; (b) Linkages between ageing and development, with particular attention to the needs and perspectives of developing countries; (c) Measures to mainstream ageing within the context of current global development agendas; (d) Appropriate forms of public/private partnership, including with non-governmental organizations, at all levels, for building societies for all ages; (e) Measures to strengthen the solidarity between generations, keeping in mind the needs of both older and younger generations; “3. Accepts the offer of the Government of Spain to host the Second World Assembly on Ageing, and decides that the Second World Assembly will be held in Spain in April 2002; “4. Invites all Member States of the United Nations, members of the specialized agencies and observers, as well as other intergovernmental organizations, in accordance with the established practice of the General Assembly, to participate at a high level in the Second World Assembly on Ageing; “5. Invites non-governmental organizations in the field of ageing, as well as research institutions and representatives of the private sector, to participate in and contribute to the Second World Assembly on Ageing and its preparatory process, including organizing meetings and studies related to the themes of the Second World Assembly; “6. Decides that the Commission for Social Development shall serve as the preparatory committee for the Second World Assembly on Ageing and, as such, will be open to the participation of all Member States of the United Nations, members of the specialized agencies and observers, in accordance with the established practice of the General Assembly; “7. Requests the Secretary-General to consult Governments, intergovernmental organizations and non-governmental organizations to elicit their views on progress in and obstacles to the implementation of the International Plan of Action on Ageing,1 as well as on priority issues to be addressed in a revised plan of action and a long-term strategy on ageing; “8. Invites the Secretary-General to establish a technical committee, funded through voluntary contributions, to assist him in the formulation of proposals during the preparatory process to the Commission for Social Development; “9. Stresses that the technical committee should ensure, in its composition, an adequate geographical balance among its members, who will serve in a personal capacity, and the integration of multidisciplinary backgrounds, including perspectives from the research institutions, non-governmental organizations in the field of ageing, the private sector and older persons themselves; “10. Requests the Secretary-General to encourage the active participation of the United Nations programmes and funds and the specialized agencies and related organizations in the preparations for the Second World Assembly on Ageing, inter alia, within the framework of the Administrative Committee on Coordination and its subsidiary machinery; “11. Invites all relevant organs of the United Nations system, including the regional commissions, funds and programmes, the specialized agencies and the Bretton Woods institutions, to participate in the Second World Assembly and its preparatory process; “12. Encourages Member States and other actors to support the preparatory activities by the Secretariat so as to ensure the quality of the outcome of the Second World Assembly and to provide voluntary contributions to the United Nations Trust Fund for Ageing in support of preparatory activities of the Second World Assembly, including the participation of least developed countries; “13. Requests the Secretary-General to report to the General Assembly at its fifty-fifth session on the implementation of the present resolution under the item devoted to social development.” 7th plenary meeting 3 May 2000 2000/2 Question of draft optional protocols to the Convention on the Rights of the Child on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography The Economic and Social Council, Noting Commission on Human Rights resolution 2000/59 of 26 April 2000, including the annex thereto, of 26 April 2000, in which the Commission approved the texts of the two draft optional protocols to the Convention on the Rights of the Child on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, Expresses its appreciation to the Commission on Human Rights for finalizing the two draft optional protocols; Approves the two draft optional protocols to the Convention on the Rights of the Child on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, annexed to the present resolution; Recommends that the two optional protocols, after adoption by the General Assembly, be open for early signature and ratification or accession: at the special session of the General Assembly, entitled “Women 2000: gender equality, development and peace for the twenty-first century”, to be convened from 5 to 9 June 2000 in New York, and thereafter at United Nations Headquarters, including at the special session of the General Assembly, entitled “World Summit for Social Development and beyond: achieving social development for all in a globalized world”, to be convened from 26 to 30 June 2000 in Geneva, and at the Millennium Summit of the United Nations, to be convened from 5 to 8 September 2000, in New York; Recommends the following draft resolution to the General Assembly for adoption: “The General Assembly, “Recalling all its previous resolutions on this topic, and in particular its resolution 54/149 of 17 December 1999, in which it strongly supported the work of the open-ended inter-sessional working groups and urged them to finalize their work before the tenth anniversary of the entry into force of the Convention on the Rights of the Child, “Expressing its appreciation to the Commission on Human Rights for having finalized the texts of the two draft optional protocols to the Convention on the Rights of the Child on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, “Conscious of the tenth anniversaries, in the year 2000, of the World Summit for Children and the entry into force of the Convention on the Rights of the Child and of the symbolic and practical importance of the adoption of the two optional protocols to the Convention on the Rights of the Child before the special session of the General Assembly for the follow-up to the World Summit for Children, to be convened in 2001, “Adhering to the principle that the best interests of the child are to be a primary consideration in all actions concerning children, “Reaffirming its commitment to strive for the promotion and protection of the rights of the child in all avenues of life, “Recognizing that the adoption and implementation of the two optional protocols to the Convention on the Rights of the Child on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography will make a substantial contribution to the promotion and protection of the rights of the child, “1. Adopts and opens for signature and ratification or accession the two optional protocols to the Convention on the Rights of the Child4 on involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, the texts of which are annexed to the present resolution; “2. Invites all States, which have signed or ratified or acceded to the Convention on the Rights of the Child to sign and ratify or accede to the annexed optional protocols as soon as possible in order to facilitate their early entry into force; “3. Decides that the two optional protocols to the Convention on the Rights of the Child will be opened for signature at the special session of the General Assembly entitled “Women 2000: gender equality, development and peace for the twenty-first century”, to be convened from 5 to 9 June 2000 in New York, and thereafter at United Nations Headquarters, including at the special session of the General Assembly entitled “World Summit for Social Development and beyond: achieving social development for all in a globalized world”, to be convened from 26 to 30 June 2000 in Geneva, and at the Millennium Summit of the United Nations, to be convened from 5 to 8 September 2000, in New York; “4. Requests the Secretary-General to include information on the status of the two optional protocols in his regular report to the General Assembly on the status of the Convention on the Rights of the Child. “Annex “A “Optional protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict “The States Parties to the present Protocol, “Encouraged by the overwhelming support for the Convention on the Rights of the Child,4 demonstrating the widespread commitment that exists to strive for the promotion and protection of the rights of the child, “Reaffirming that the rights of children require special protection, and calling for continuous improvement of the situation of children without distinction, as well as for their development and education in conditions of peace and security, “Disturbed by the harmful and widespread impact of armed conflict on children and the long-term consequences this has for durable peace, security and development, “Condemning the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places generally having a significant presence of children, such as schools and hospitals, “Noting the adoption of the Statute of the International Criminal Court and, in particular, the inclusion in the Statute of conscripting or enlisting children under the age of 15 years or using them to participate actively in hostilities as a war crime in both international and non-international armed conflicts, “Considering, therefore, that to strengthen further the implementation of rights recognized in the Convention on the Rights of the Child there is a need to increase the protection of children from involvement in armed conflict, “Noting that article 1 of the Convention on the Rights of the Child specifies that, for the purposes of that Convention, a child means every human being below the age of 18 years unless, under the law applicable to the child, majority is attained earlier, “Convinced that an optional protocol to the Convention, raising the age of possible recruitment of persons into armed forces and their participation in hostilities, will contribute effectively to the implementation of the principle that the best interests of the child are to be a primary consideration in all actions concerning children, “Noting that the twenty-sixth international Conference of the Red Cross and Red Crescent in December 1995 recommended, inter alia, that parties to conflict take every feasible step to ensure that children under the age of 18 years do not take part in hostilities, “Welcoming the unanimous adoption, in June 1999, of International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits, inter alia, forced or compulsory recruitment of children for use in armed conflict, “Condemning with the gravest concern the recruitment, training and use within and across national borders of children in hostilities by armed groups distinct from the armed forces of a State, and recognizing the responsibility of those who recruit, train and use children in this regard, “Recalling the obligation of each party to an armed conflict to abide by the provisions of international humanitarian law, “Stressing that this Protocol is without prejudice to the purposes and principles contained in the Charter of the United Nations, including Article 51, and relevant norms of humanitarian law, “Bearing in mind that conditions of peace and security based on full respect of the purposes and principles contained in the Charter and observance of applicable human rights instruments are indispensable for the full protection of children, in particular during armed conflicts and foreign occupation, “Recognizing the special needs of those children who are particularly vulnerable to recruitment or use in hostilities contrary to this Protocol owing to their economic or social status or gender, “Mindful of the necessity of taking into consideration the economic, social and political root causes of the involvement of children in armed conflicts, “Convinced of the need to strengthen international cooperation in implementation of this Protocol, as well as the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict, “Encouraging the participation of the community and, in particular, children and child victims in the dissemination of information and education programmes concerning the implementation of the Protocol, “Have agreed as follows: “Article 1 “States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities. “Article 2 “States Parties shall ensure that persons who have not attained the age of 18 years are not compulsorily recruited into their armed forces. “Article 3 “1. States Parties shall raise the minimum age in years for the voluntary recruitment of persons into their national armed forces from that set out in article 38.3 of the Convention on the Rights of the Child, taking account of the principles contained in that article and recognizing that under the Convention persons under 18 are entitled to special protection. “2. Each State Party shall deposit a binding declaration upon ratification of or accession to this Protocol which sets forth the minimum age at which it will permit voluntary recruitment into its national armed forces and a description of the safeguards that it has adopted to ensure that such recruitment is not forced or coerced. “3. States Parties which permit voluntary recruitment into their national armed forces under the age of 18 shall maintain safeguards to ensure, as a minimum, that: (a) Such recruitment is genuinely voluntary; (b) Such recruitment is done with the informed consent of the person's parents or legal guardians; (c) Such persons are fully informed of the duties involved in such military service; (d) Such persons provide reliable proof of age prior to acceptance into national military service. “4. Each State Party may strengthen its declaration at any time by notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all States Parties. Such notification shall take effect on the date on which it is received by the Secretary-General. “5. The requirement to raise the age in paragraph 1 of the present article does not apply to schools operated by or under the control of the armed forces of the States Parties, in keeping with articles 28 and 29 of the Convention on the Rights of the Child. “Article 4 “1. Armed groups, distinct from the armed forces of a State, should not, under any circumstances, recruit or use in hostilities persons under the age of 18 years. “2. States Parties shall take all feasible measures to prevent such recruitment and use, including the adoption of legal measures necessary to prohibit and criminalize such practices. “3. The application of the present article under this Protocol shall not affect the legal status of any party to an armed conflict. “Article 5 “Nothing in the present Protocol shall be construed as precluding provisions in the law of a State Party or in international instruments and international humanitarian law which are more conducive to the realization of the rights of the child. “Article 6 “1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of this Protocol within its jurisdiction. “2. States Parties undertake to make the principles and provisions of the present Protocol widely known and promoted by appropriate means, to adults and children alike. “3. States Parties shall take all feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to this Protocol are demobilized or otherwise released from service. States Parties shall, when necessary, accord to these persons all appropriate assistance for their physical and psychological recovery and their social reintegration. “Article 7 “1. States Parties shall cooperate in the implementation of the present Protocol, including in the prevention of any activity contrary to the Protocol and in the rehabilitation and social reintegration of persons who are victims of acts contrary to this Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation will be undertaken in consultation among concerned States Parties and relevant international organizations. “2. States Parties in a position to do so shall provide such assistance through existing multilateral, bilateral or other programmes, or, inter alia, through a voluntary fund established in accordance with the General Assembly rules. “Article 8 “1. Each State Party shall submit, within two years following the entry into force of the Protocol for that State Party, a report to the Committee on the Rights of the Child, providing comprehensive information on the measures it has taken to implement the provisions of the Protocol, including the measures taken to implement the provisions on participation and recruitment. “2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the Protocol. Other States Parties to the Protocol shall submit a report every five years. “3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of this Protocol. “Article 9 “1. The present Protocol is open for signature by any State which is a party to the Convention or has signed it. “2. The present Protocol is subject to ratification or open to accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. “3. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform all States Parties to the Convention and all States which have signed the Convention of each instrument of declaration pursuant to article 3, ratification or accession to the Protocol. “Article 10 “1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. “2. For each State ratifying the present Protocol, or acceding to it after its entry into force, the present Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. “Article 11 “1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States which have signed the Convention. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General. If, however, on the expiry of that year the denouncing State Party is engaged in armed conflict, the denunciation shall not take effect before the end of the armed conflict. “2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under the present Protocol in regard to any act which occurs prior to the date at which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. “Article 12 “1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. “2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. “3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments which they have accepted. “Article 13 “1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. “2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States which have signed the Convention. “B “Optional protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography “The States Parties to the present Protocol, “Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography, “Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development, “Gravely concerned at the significant and increasing international traffic of children for the purpose of the sale of children, child prostitution and child pornography, “Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography, “Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation, and that girl children are disproportionately represented among the sexually exploited, “Concerned about the growing availability of child pornography on the Internet and other evolving technologies, and recalling the International Conference on Combating Child Pornography on the Internet (Vienna, 1999) and, in particular, its conclusion calling for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry, “Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking of children, “Believing that efforts to raise public awareness are needed to reduce consumer demand for the sale of children, child prostitution and child pornography, and in the importance of strengthening global partnership among all actors and of improving law enforcement at the national level, “Noting the provisions of international legal instruments relevant to the protection of children, including the Hague Convention on the Protection of Children and Cooperation with Respect to Inter-Country Adoption, the Hague Convention on the Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children and International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, “Encouraged by the overwhelming support for the Convention on the Rights of the Child, demonstrating the widespread commitment that exists for the promotion and protection of the rights of the child, “Recognizing the importance of the implementation of the provisions of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography and the Declaration and Agenda for Action adopted at the 1996 World Congress against the Commercial Sexual Exploitation of Children and the other relevant decisions and recommendations of pertinent international bodies, “Taking due account of the importance of the traditions and cultural values of each people for the protection and harmonious development of the child, “Have agreed as follows: “Article 1 “States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the present Protocol. “Article 2 “For the purpose of the present Protocol: “Sale of children “(a) Sale of children means any act or transaction whereby a child is transferred by any person or group of persons to another for remuneration or any other consideration; “Child prostitution “(b) Child prostitution means the use of a child in sexual activities for remuneration or any other form of consideration; “Child pornography “(c) Child pornography means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child, the dominant characteristic of which is depiction for a sexual purpose. “Article 3 “1. Each State Party shall ensure that, as a minimum, the following acts and activities are fully covered under its criminal or penal law, whether these offences are committed domestically or transnationally or on an individual or organized basis: (a) In the context of sale of children as defined in article 2 (a): (i) The offering, delivering, or accepting, by whatever means, a child for the purpose of: Sexual exploitation of the child; b. Transfer of organs of the child for profit; c. Engagement of the child in forced labour; (ii) Improperly inducing consent, as an intermediary, for the adoption of a child in violation of applicable international legal instruments on adoption; (b) Offering, obtaining, procuring or providing a child for child prostitution, as defined in article 2 (b); (c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing for the above purposes, child pornography as defined in article 2 (c). “2. Subject to the provisions of a State Party's national law, the same shall apply to an attempt to commit any of these acts and to complicity or participation in any of these acts. “3. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature. “4. Subject to the provisions of its national law, each State Party shall take measures, where appropriate, to establish the liability of legal persons for offences established in paragraph 1 of the present article. Subject to the legal principles of the State Party, this liability of legal persons may be criminal, civil or administrative. “5. States Parties shall take all appropriate legal and administrative measures to ensure that all persons involved in the adoption of a child act in conformity with applicable international legal instruments. “Article 4 “1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3.1, when the offences are committed in its territory or on board a ship or aircraft registered in that State. “2. Each State Party may take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 3.1 in the following cases: (a) When the alleged offender is a national of that State or a person who has his habitual residence in its territory; (b) When the victim is a national of that State. “3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the above-mentioned offences when the alleged offender is present in its territory and it does not extradite him to another State Party on the ground that the offence has been committed by one of its nationals. “4. This Protocol does not exclude any criminal jurisdiction exercised in accordance with internal law. “Article 5 “1. The offences referred to in article 3.1 shall be deemed to be included as extraditable offences in any extradition treaty existing between States Parties and shall be included as extraditable offences in every extradition treaty subsequently concluded between them, in accordance with the conditions set forth in these treaties. “2. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Protocol as a legal basis for extradition in respect of such offences. Extradition shall be subject to the conditions provided by the law of the requested State. “3. States Parties which do not make extradition conditional on the existence of a treaty shall recognize such offences as extraditable offences between themselves subject to the conditions provided by the law of the requested State. “4. Such offences shall be treated, for the purpose of extradition between States Parties, as if they had been committed not only in the place in which they occurred but also in the territories of the States required to establish their jurisdiction in accordance with article 4. “5. If an extradition request is made with respect to an offence described in article 3.1 and if the requested State Party does not or will not extradite, on the basis of the nationality of the offender, that State shall take suitable measures to submit the case to its competent authorities for the purpose of prosecution. “Article 6 “1. States Parties shall afford one another the greatest measure of assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences set forth in article 3.1, including assistance in obtaining evidence at their disposal necessary for the proceedings. “2. States Parties shall carry out their obligations under paragraph 1 of the present article in conformity with any treaties or other arrangements on mutual legal assistance that may exist between them. In the absence of such treaties or arrangements, States Parties shall afford one another assistance in accordance with their domestic law. “Article 7 “States Parties shall, subject to the provisions of their national law: (a) Take measures to provide for the seizure and confiscation, as appropriate, of: (i) Goods such as materials, assets and other instrumentalities used to commit or facilitate offences under the present protocol; (ii) Proceeds derived from such offences; (b) Execute requests from another State Party for seizure or confiscation of goods or proceeds referred to in subparagraph (i); (c) Take measures aimed at closing, on a temporary or definitive basis, premises used to commit such offences. “Article 8 “1. States Parties shall adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the present Protocol at all stages of the criminal justice process, in particular by: (a) Recognizing the vulnerability of child victims and adapting procedures to recognize their special needs, including their special needs as witnesses; (b) Informing child victims of their rights, their role and the scope, timing and progress of the proceedings and of the disposition of their cases; (c) Allowing the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected, in a manner consistent with the procedural rules of national law; (d) Providing appropriate support services to child victims throughout the legal process; (e) Protecting, as appropriate, the privacy and identity of child victims and taking measures in accordance with national law to avoid the inappropriate dissemination of information that could lead to the identification of child victims; (f) Providing, in appropriate cases, for the safety of child victims, as well as that of their families and witnesses on their behalf, from intimidation and retaliation; (g) Avoiding unnecessary delay in the disposition of cases and the execution of orders or decrees granting compensation to child victims. “2. States Parties shall ensure that uncertainty as to the actual age of the victim shall not prevent the initiation of criminal investigations, including investigations aimed at establishing the age of the victim. “3. States Parties shall ensure that, in the treatment by the criminal justice system of children who are victims of the offences described in the present Protocol, the best interest of the child shall be a primary consideration. “4. States Parties shall take measures to ensure appropriate training, in particular legal and psychological, for the persons who work with child victims of the offences prohibited under the present Protocol. “5. States Parties shall, in appropriate cases, adopt measures in order to protect the safety and integrity of those persons and/or organizations involved in the prevention and/or protection and rehabilitation of child victims of such offences. “6. Nothing in the present article shall be construed as prejudicial to or inconsistent with the rights of the accused to a fair and impartial trial. “Article 9 “1. States Parties shall adopt or strengthen, implement and disseminate laws, administrative measures, social policies and programmes, to prevent the offences referred to in the present Protocol. Particular attention shall be given to protect children who are especially vulnerable to these practices. “2. States Parties shall promote awareness in the public at large, including children, through information by all appropriate means, education and training, about the preventive measures and harmful effects of the offences referred to in the present Protocol. In fulfilling their obligations under this article, States Parties shall encourage the participation of the community and, in particular, children and child victims, in such information and education and training programmes, including at the international level. “3. States Parties shall take all feasible measures with the aim of ensuring all appropriate assistance to victims of such offences, including their full social reintegration, and their full physical and psychological recovery. “4. States Parties shall ensure that all child victims of the offences described in the present Protocol have access to adequate procedures to seek, without discrimination, compensation for damages from those legally responsible. “5. States Parties shall take appropriate measures aimed at effectively prohibiting the production and dissemination of material advertising the offences described in the present Protocol. “Article 10 “1. States Parties shall take all necessary steps to strengthen international cooperation by multilateral, regional and bilateral arrangements for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children, child prostitution, child pornography and child sex tourism. States Parties shall also promote international cooperation and coordination between their authorities, national and international non-governmental organizations and international organizations. “2. States Parties shall promote international cooperation to assist child victims in their physical and psychological recovery, social reintegration and repatriation. “3. States Parties shall promote the strengthening of international cooperation in order to address the root causes, such as poverty and underdevelopment, contributing to the vulnerability of children to the practices of sale, prostitution, pornography and child sex tourism. “4. States Parties in a position to do so shall provide financial, technical or other assistance through existing multilateral, regional, bilateral or other programmes. “Article 11 “Nothing in the present Protocol shall affect any provisions which are more conducive to the realization of the rights of the child and which may be contained in: (a) The law of a State Party; (b) International law in force for that State. “Article 12 “1. Each State Party shall submit, within two years following the entry into force of the Protocol for that State Party, a report to the Committee on the Rights of the Child providing comprehensive information on the measures it has taken to implement the provisions of the Protocol. “2. Following the submission of the comprehensive report, each State Party shall include in the reports they submit to the Committee on the Rights of the Child, in accordance with article 44 of the Convention, any further information with respect to the implementation of the Protocol. Other States Parties to the Protocol shall submit a report every five years. “3. The Committee on the Rights of the Child may request from States Parties further information relevant to the implementation of this Protocol. “Article 13 “1. The present Protocol is open for signature by any State which is a party to the Convention or has signed it. “2. The present Protocol is subject to ratification or open to accession by any State which is a party to the Convention or has signed it. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations. “Article 14 “1. The present Protocol shall enter into force three months after the deposit of the tenth instrument of ratification or accession. “2. For each State ratifying the present Protocol or acceding to it after its entry into force, the present Protocol shall enter into force one month after the date of the deposit of its own instrument of ratification or accession. “Article 15 “1. Any State Party may denounce the present Protocol at any time by written notification to the Secretary-General of the United Nations, who shall thereafter inform the other States Parties to the Convention and all States which have signed the Convention. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General of the United Nations. “2. Such a denunciation shall not have the effect of releasing the State Party from its obligations under this Protocol in regard to any offence which occurs prior to the date at which the denunciation becomes effective. Nor shall such a denunciation prejudice in any way the continued consideration of any matter which is already under consideration by the Committee prior to the date at which the denunciation becomes effective. “Article 16 “1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to States Parties, with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that, within four months from the date of such communication, at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. “2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. “3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Protocol and any earlier amendments which they have accepted. “Article 17 “1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. “2. The Secretary-General of the United Nations shall transmit certified copies of the present Protocol to all States Parties to the Convention and all States which have signed the Convention. 8th plenary meeting 10 May 2000 2000/3 Procedure for dealing with communications concerning human rights The Economic and Social Council, Recalling its resolution 728 F (XXVIII) of 30 July 1959 concerning the handling of communications concerning human rights and its decision 79 (LVIII) of 6 May 1975 relating thereto, Recalling also its resolution 1235 (XLII) of 6 June 1967 authorizing the Commission on Human Rights to examine information relevant to gross violations of human rights and fundamental freedoms, its resolution 1503 (XLVIII) of 27 May 1970 establishing a procedure for dealing with communications relating to violations of human rights and fundamental freedoms and its resolution 1990/41 of 25 May 1990 concerning the establishment, composition and designation of the members of the Working Group on Situations, Recalling further resolution 1 (XXIV) of the Subcommission on Prevention of Discrimination and Protection of Minorities (now the Subcommission for the Promotion and Protection of Human Rights) of 13 August 1971 concerning criteria for the admissibility of communications, as well as Subcommission resolution 2 (XXIV) of 16 August 1971 concerning the establishment, composition and designation of the members of the Working Group on Communications, Recalling Commission on Human Rights decisions 3 (XXX) of 6 March 1974, 5 (XXXIV) of 3 March 1978 and 9 (XXXVI) of 7 March 1980, all aimed at facilitating government participation and cooperation under the procedure, and decision 3 (XXXIV) of 3 March 1978 inviting the Chairman-Rapporteur of the Working Group on Communications to be present during the deliberations of the Commission on that item, Noting decision 2000/109 of 26 April 2000 of the Commission on Human Rights, inter alia, approving the recommendations of its inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights concerning the review of the procedure governed by Economic and Social Council resolution 1503 (XLVIII) and related resolutions and decisions, Endorses Commission decision 2000/109 of 26 April 2000,12 insofar as it concerns the review of the procedure governed by Economic and Social Council resolution 1503 (XLVIII) and related resolutions and decisions; Decides, accordingly, that the Working Group on Communications designated in conformity with paragraph 37 of the report of the inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights shall henceforth meet annually for two weeks, immediately following the annual session of the Subcommission on the Promotion and Protection of Human Rights, to examine the communications received under Council resolution 728 F (XXVIII) that have been transmitted to the Governments concerned not later than 12 weeks prior to the meeting of the Working Group, and any government replies relating thereto, in conformity with the criteria for the admissibility of communications contained in resolution 1 (XXIV) of the Subcommission,6 with a view to bringing to the attention of the Working Group on Situations any particular situations which appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms; Requests the Secretary-General, with the approval of the Chairman-Rapporteur of the Working Group on Communications, to screen out manifestly ill-founded communications in the preparation of the monthly confidential summaries of communications (confidential lists of communications) communicated to the members of the Working Group, it being understood that communications screened out would not be transmitted to the Governments concerned for reply; Calls upon the Secretary-General to inform the countries concerned, immediately after the conclusion of the meeting of the Working Group on Communications, of the actions taken in regard to them; Entrusts to the Working Group on Situations designated in conformity with paragraph 40 of the report of the inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights,14 which shall meet annually for one week not less than one month prior to the annual session of the Commission, the role of examining the confidential report and recommendations of the Working Group on Communications and determining whether or not to refer a particular situation thus brought before it to the Commission on Human Rights, as well as of examining the particular situations kept under review by the Commission under the procedure, and, accordingly, to place before the Commission a confidential report identifying the main issues of concern, normally together with a draft resolution or draft decision recommending the action to be taken by the Commission in respect of the situations referred to it; Requests the Secretary-General to make the confidential files available, at least one week in advance of the first closed meeting, to all members of the Commission on Human Rights; Authorizes the Commission on Human Rights, as it deems appropriate, to consider the particular situations placed before it by the Working Group on Situations, as well as the situations kept under review, in two separate closed meetings, employing the following modalities: (a) At the first closed meeting, each country concerned would be invited to make opening presentations; a discussion would then follow between members of the Commission and the Government concerned, based on the contents of confidential files and the report of the Working Group on Situations; (b) In the interim between the first and second closed meetings, any member or members of the Commission could submit an alternative or an amendment to any texts forwarded by the Working Group on Situations; any such draft texts would be circulated confidentially by the secretariat, in accordance with the rules of procedure of the functional commissions of the Economic and Social Council, in advance of the second closed meeting; (c) At the second closed meeting, members of the Commission would discuss and take action on the draft resolutions or decisions; a representative or representatives of the Governments concerned would have the right to be present during the adoption of the final decision/resolution taken in regard to the human rights situation in that country; as has been the established practice, the Chairperson of the Commission would subsequently announce in a public meeting which countries had been examined under the 1503 procedure, as well as the names of countries no longer being dealt with under the procedure; the 1503 dossiers would remain confidential, except where the Government concerned has indicated the wish that they become public; (d) In accordance with the established practice, the action taken in respect of a particular situation should be one of the following options: (i) To discontinue consideration of the matter when further consideration or action is not warranted; (ii) To keep the situation under review in the light of any further information received from the Government concerned and any further information which may reach the Commission under the 1503 procedure; (iii) To keep the situation under review and to appoint an independent expert; (iv) To discontinue consideration of the matter under the confidential procedure governed by Council resolution 1503 (XLVIII) in order to take up consideration of the same matter under the public procedure governed by Council resolution 1235 (XLII); Decides that the provisions of Council resolution 1503 (XLVIII) and related resolutions and decisions not affected by the present reorganization of work shall remain in force, including: (a) Provisions relating to the duties and responsibilities of the Secretary-General, it being understood that in respect of the handling of communications and government replies relating thereto the duties and responsibilities are as follows: (i) The compilation, as before, of monthly confidential summaries of incoming communications concerning alleged violations of human rights; the identity of authors may be deleted upon request; (ii) The transmittal of a copy of each summarized communication, in the language received, to the Government concerned for reply, without divulging the identity of the author if he or she so requests; (iii) Acknowledging the receipt of communications to their authors; (iv) The reproduction and circulation to the members of the Commission, as before, of the replies received from Governments; (b) Provisions aimed at facilitating government cooperation and participation in the procedure, including the provisions of Commission decision 3 (XXX) of 6 March 1974,8 now to be applied following the meetings of the Working Group on Communications; Decides that all actions envisaged in the implementation of the present resolution by the Working Group on Communications, the Working Group on Situations and the Commission on Human Rights shall remain confidential until such time as the Commission may decide to make recommendations to the Economic and Social Council; Decides that the procedure as amended may continue to be referred to as the 1503 procedure. 10th plenary meeting 16 June 2000 Decisions 2000/201 C Elections, nominations and appointments to subsidiary and related bodies of the Economic and Social Council At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council took the following action with regard to vacancies in its subsidiary and related bodies: Elections Statistical Commission The Council elected the following eight Member States for a four-year term beginning on 1 January 2001: Czech Republic, France, Greece, India, Jamaica, Japan, Mexico and United Kingdom of Great Britain and Northern Ireland. Commission on Population and Development The Council elected the following 11 States for a four-year term beginning on 1 January 2001: Austria, Bangladesh, Belgium, Cameroon, Germany, Ghana, Indonesia, Lithuania, Malaysia, Peru and Turkey. The Council postponed to a future session the election of one member from African States and two members from Latin American and Caribbean States for a four-year term beginning on 1 January 2001. Commission for Social Development The Council elected the following 17 States for a four-year term beginning on 1 January 2001: Austria, Bangladesh, Bulgaria, China, Czech Republic, Denmark, El Salvador, Gabon, Italy, Jamaica, Kazakhstan, Kenya, Mexico, South Africa, Switzerland, United Republic of Tanzania and Viet Nam. Commission on Human Rights The Council elected the following 24 Member States for a three-year term beginning on 1 January 2001: Algeria, Belgium, Cameroon, Canada, Costa Rica, Cuba, Democratic Republic of the Congo, Djibouti, Guatemala, India, Libyan Arab Jamahiriya, Malaysia, Peru, Poland, Russian Federation, Saudi Arabia, Senegal, South Africa, Syrian Arab Republic, Thailand, United Kingdom of Great Britain and Northern Ireland, Uruguay, Venezuela and Viet Nam. Commission on the Status of Women The Council elected the following 11 Member States for a four-year term beginning on 1 January 2001: Azerbaijan, Argentina, Germany, Guinea, Japan, Netherlands, Pakistan, Peru, Tunisia, United Kingdom of Great Britain and Northern Ireland and United Republic of Tanzania. Commission on Crime Prevention and Criminal Justice The Council elected the following 18 Member States for a three-year term beginning on 1 January 2001: Argentina, Brazil, Bulgaria, Colombia, Costa Rica, Democratic Republic of the Congo, France, India, Indonesia, Iran (Islamic Republic of), Mexico, Netherlands, Poland, Portugal, Saudi Arabia, Togo, United States of America and Uzbekistan. The Council postponed to a future session the election of two members from African States for a three-year term beginning 1 January 2001. Commission on Sustainable Development The Council elected the following 13 States for a three-year term beginning at the organizational meeting of the Commission's tenth session in 2001 and expiring at the close of the Commission's twelfth session in 2004: Austria, Brazil, Ecuador, France, Iceland, India, Indonesia, Iran (Islamic Republic of), Mongolia, Republic of Moldova, Slovenia, Switzerland and Venezuela. The Council postponed to its next session the election of four members from African States for a three-year term beginning at the organizational meeting of the Commission's tenth session in 2001 and expiring at the close of the Commission's twelfth session in 2004. Commission on Science and Technology for Development The Council elected the following seven Member States for a four-year term beginning on 1 January 2001: Brazil, Cameroon, Ghana, Grenada, Jamaica, Russian Federation and Slovakia. The Council postponed to a future session the election of two members from African States, three members from Asian States and four members from Western European and other States for a four-year term beginning 1 January 2001. Commission on Human Settlements The Council elected the following 12 Member States for a four-year term beginning on 1 January 2001: Austria, China, France, Guinea, Iraq, Italy, Jamaica, Madagascar, Republic of Moldova, Sweden, the former Yugoslav Republic of Macedonia and United Arab Emirates. The Council postponed to a future session the election of three members from African States, one member from Asian States, two members from Latin American and Caribbean States and one member from Western European and other States for a four-year term beginning on 1 January 2001. Intergovernmental Working Group of Experts on International Standards of Accounting and Reporting The Council elected the following five Member States for a three-year term beginning on 1 January 2001: Brazil, Cyprus, Jordan, Malaysia and Pakistan. The Council postponed to a future session the election of four members from African States, two members from Eastern European States and two members from Latin American and Caribbean States for a three-year term beginning on 1 January 2001. Committee on Economic, Social and Cultural Rights The Council elected the following nine experts for a four-year term beginning on 1 January 2001: Rocío Barahona Riera (Costa Rica), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Giorgio Malinverni (Switzerland), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Waleed M. Sa'di (Jordan) and Philippe Texier (France). Executive Board of the United Nations Children's Fund The Council elected the following 14 Member States for a three-year term beginning on 1 January 2001: Armenia, Colombia, Democratic Republic of the Congo, Gabon, Gambia, Indonesia, Japan, Lao People's Democratic Republic, Madagascar, Morocco, Norway, Portugal, Sweden and Yemen. The Council decided that: (a) Spain, which was to withdraw from the Board effective 31 December 2000, would be replaced by France for a term beginning on 1 January 2001 and expiring on 31 December 2001; (b) Turkey, which was to withdraw from the Board effective 31 December 2000, would be replaced by Germany for a term beginning on 1 January 2001 and expiring on 31 December 2002; (c) Greece, which was to withdraw from the Board effective 31 December 2000, would be replaced by Australia for a term beginning on 1 January 2001 and expiring on 31 December 2002; (d) Trinidad and Tobago, which was to withdraw from the Board effective 31 December 2000, would be replaced by Cuba for a term beginning on 1 January 2001 and expiring on 31 December 2002. Executive Board of the United Nations Development Programme/United Nations Population Fund The Council elected the following 14 Member States for a three-year term beginning on 1 January 2001: Bulgaria, China, Comoros, Democratic Republic of the Congo, Ecuador, Finland, France, Gabon, Germany, Iran (Islamic Republic of), Mauritania, Mozambique, Norway and Philippines. The Council decided that: (a) Sweden, which was to withdraw from the Board effective 31 December 2000, would be replaced by Denmark for a term beginning on 1 January 2001 and expiring on 31 December 2002; (b) Switzerland, which was to withdraw from the Board effective 31 December 2000, would be replaced by Canada for a term beginning on 1 January 2001 and expiring on 31 December 2001. Executive Board of the World Food Programme The Council elected the following four Member States for a three-year term beginning on 1 January 2001: India, Pakistan, Russian Federation and Sierra Leone. The Council postponed to a future session the election of two members from list D, as set out in the basic texts of the World Food Programme, for a three-year term beginning on 1 January 2001. Committee for the United Nations Population Award The Council elected the following six Member States for a three-year term beginning on 1 January 2001: Burundi, Cape Verde, Kyrgyzstan, Lesotho, Netherlands and Republic of Moldova. The Council postponed to a future session the election of two members from Asian States and two members from Latin American and Caribbean States for a three-year term beginning on 1 January 2001. Programme Coordination Board of the Joint United Nations Programme on Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome The Council elected the following seven Member States for a three-year term beginning on 1 January 2001: China, Italy, Japan, Portugal, Romania, Tunisia and Zambia. The Council postponed to a future session the election of one member from Latin American and Caribbean States and one member from Western European and other States for a three-year term beginning on 1 January 2001. Nominations Committee for Programme and Coordination The Council nominated the following seven Member States for election by the General Assembly at its fifty-fifth session for a three-year term beginning on 1 January 2001: Bahamas, Botswana, France, Mexico, Russian Federation, United Republic of Tanzania and United States of America. Appointments Committee for Development Policy The Council decided to postpone the appointment of 24 experts to the Committee until after the substantive session of the Council in July. Board of Trustees of the International Research and Training Institute for the Advancement of Women The Council appointed the following five members to the Board for a three-year term beginning on 1 July 2000: Boutheina Gribaa (Tunisia), Tahmina Hussain (Bangladesh), Antigoni Karali-Dimitriadi (Greece), Norica Nicolai (Romania) and Pauline Sukhai (Guyana). Other elections Committee on Non-Governmental Organizations The Council elected Germany to replace Ireland for a term beginning on the date of election and expiring on 31 December 2002. 2000/201 D Elections to the Commission on Sustainable Development Postponed vacancies At its 8th plenary meeting, on 10 May 2000, the Economic and Social Council elected the following four States to the Commission for Sustainable Development for a three-year term beginning at the organizational meeting of the Commission's tenth session in 2001 and expiring at the close of the Commission's twelfth session in 2004: Ghana, Morocco, Nigeria and Senegal. 2000/213 Participation of intergovernmental organizations in the work of the Economic and Social Council At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council, having considered the applications of the Asian and Pacific Development Centre and the Inter-American Development Bank, decided, in accordance with rule 79 of the rules of procedure of the Council, that the organizations might participate on a continuing basis, without the right to vote, in the deliberations of the Council on questions within the scope of their activities. 2000/214 Applications for consultative status and requests for reclassification received from non-governmental organizations At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council decided: (a) To grant the following non-governmental organizations consultative status: General consultative status Pacific Concerns Resources Centre United Nations Association of China Special consultative status Admiral Family Circle Islamic Community African Peace Network Al-Haq — Law in the Service of Man American Life League American Society for Training and Development Association algérienne pour la planification familiale Association femme et developpement Association nationale de volontariat Touiza Association of Organizations for Social and Educational Assistance Association socio-culturelle de bienfaisance de Bender Djedid Association Tunisie-Méditerranée pour le développement durable Association tunisienne de la communication Association tunisienne de lutte contre les MST/SIDA Association tunisienne de prevention de toxicomanie Association tunisienne des auberges et tourisme de jeunes Canadian Federation of Agriculture Canadian Labour Congress Cascadia Quest Catholic Daughters of the Americas Centre for Development Services Centre for Women's Global Leadership Charitable Society for Social Welfare Coordination française du lobby européen des femmes Development Promotion Group Egyptian AIDS Society Endeavour Forum Femmes Afrique solidarité Fundación Huancavilca Global Action Plan International Global Policy Forum Gorakhpur Environmental Action Group Guyana Responsible Parenthood Association Hong Kong Federation of Women Human Lactation Center International Buddhist Relief Organization International Centre for Study and Development International Commission of Catholic Prison Pastoral Care International Metalworkers Federation Islamic Women's Institute of Iran Japanese Organization for International Cooperation in Family Planning Lebanese Welfare Association for the Handicapped Ligue pour l'éducation de la femme et de l'enfant Mountain Institute Mukono Multi-purpose Youth Organization National Association of Negro Business and Professional Women's Clubs National Council of Women of Thailand Norwegian Refugee Council Organisation pour la promotion et la protection des droits de la femme et de l'enfant au Burundi Peter Hesse Stiftung Foundation Public International Law and Policy Group Red de Educación Popular entre Mujeres Rencontres — International Association of French-speaking Anglicans and Episcopalians Scouts tunisiens Universal Great Brotherhood Vie Montante Internationale Winrock International Institute for Agricultural Development Women Action Women in Media and Entertainment World Human Dimension World Information Clearing Centre (b) To reclassify six organizations from special to general consultative status and five organizations from the Roster to special consultative status as follows: General consultative status Asia Crime Prevention Foundation Bochasanwasi Shri Akshar Purushottam Sanstha Commission of the Churches on International Affairs of the World Council of Churches International Council of Environmental Law Médecins sans frontières Znanie International Scientific and Educational Association Special consultative status Institute for Agriculture and Trade Policy International Humanist and Ethical Union United Methodist Church General Board of Global Ministries World Alliance of Reformed Churches World Organization of Former Students of Catholic Education (c) To note that the Committee on Non-Governmental Organizations did not recommend granting consultative status to the following three non-governmental organizations: Assyrian National Congress Human Rights Guard Universidad Latinoamericana de la Libertad Friedrich Hayek (d) To note that the Committee on Non-Governmental Organizations decided to close its consideration of the application of the International Committee of Peace and Human Rights. Expansion of the participation of non-governmental organizations on the Roster for the purposes of the work of the Commission on Sustainable Development At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council, pursuant to its decision 1996/302 of 26 July 1996, decided to approve the request of the following 15 non-governmental organizations that are on the Roster for the purposes of the work of the Commission on Sustainable Development to expand their participation into other fields of the Council: Alliance to End Childhood Lead Poisoning Earth Council European Environmental Bureau Evergreen Club of Ghana Loretto Community Mauchak (Maulik Chahida Karmashuchi) National Foundation of Indian Engineers OIKOS Cooperação e Desenvolvimento Pan African Movement Peace Trust Rural Development Foundation of Pakistan Society for Rural Development Sajju Institute and Research Foundation United Nations Association of Sweden World Circle of the Consensus Report of the Committee on Non-Governmental Organizations on its resumed 1999 session and provisional agenda for the 2000 session of the Committee At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council took note of the report of the Committee on Non-Governmental Organizations on its resumed 1999 session and approved the provisional agenda for the 2000 session of the Committee as set out below. Provisional agenda and documentation for the 2000 session of the Committee on Non-Governmental Organizations Election of officers. Adoption of the agenda and other organizational matters. Applications for consultative status and requests for reclassification received from non-governmental organizations: (a) Applications for consultative status and requests for reclassification deferred from the previous session of the Committee; (b) New applications for consultative status and new requests for reclassification. Review of the methods of work of the Committee: implementation of Economic and Social Council resolution 1996/31, including the process of accreditation of representatives of non-governmental organizations, and Council decision 1995/304: (a) Strengthening of the Non-Governmental Organizations Section of the Secretariat; (b) Process of accreditation of representatives of non-governmental organizations; (c) Consideration of organizations whose defining characteristics are not in strict conformity with the provisions of Council resolution 1996/31. Implementation of Council decision 1996/302. Review of deferred quadrennial reports submitted by non-governmental organizations in general and special consultative status with the Council. Consideration of special reports. Provisional agenda and documentation for the session of the Committee to be held in the year 2001. Adoption of the report of the Committee. 2000/217 Working arrangements for the substantive session of 2000 of the Economic and Social Council At its 7th plenary meeting, on 3 May 2000, the Economic and Social Council agreed to a change in the schedule of its substantive session, namely, that the coordination segment would take place from 10 to 12 July 2000 and the operational activities segment from 13 to 18 July 2000, with the high-level meeting on operational activities taking place on 17 July 2000. 2000/218 Question of the realization in all countries of the economic, social and cultural rights contained in the Universal Declaration of Human Rights and in the International Covenant on Economic, Social and Cultural Rights, and study of special problems which the developing countries face in their efforts to achieve these human rights At its 10th plenary meeting, on 16 June 2000, the Economic and Social Council, having taken note of Commission on Human Rights resolution 2000/9 of 17 April 2000, endorsed the Commission's decision to appoint, for a period of three years, a special rapporteur whose mandate will focus on aspects related to the right to adequate housing contained in the right to an adequate standard of living, as reflected, inter alia, in article 25, paragraph 1, of the Universal Declaration of Human Rights, article 11, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, article 14 (h) of the Convention on the Elimination of All Forms of Discrimination against Women, article 27, paragraph 3, of the Convention on the Rights of the Child and article 5 (e) of the International Convention on the Elimination of All Forms of Racial Discrimination, including the questions of secure tenure and forced evictions (housing rights). The Council also endorsed the Commission's request to the United Nations Commissioner for Human Rights to provide all the necessary resources for the effective fulfilment of the mandate of the Special Rapporteur. 2000/219 The right to food At its 10th plenary meeting, on 16 June 2000, the Economic and Social Council, having taken note of Commission on Human Rights resolution 2000/10 of 17 April 2000, endorsed the Commission's decision, in order to respond fully to the necessity for an integrated and coordinated approach in the promotion and protection of the right to food, to appoint, for a period of three years, a special rapporteur whose mandate will focus on the right to food and who will accomplish the following main activities: (a) Seek, receive and respond to information on all aspects of the realization of the right to food, including the urgent necessity of eradicating hunger; (b) Establish cooperation with Governments, intergovernmental organizations, in particular the Food and Agriculture Organization of the United Nations, and non-governmental organizations on the promotion and effective implementation of the right to food, and make appropriate recommendations on the realization thereof, taking into consideration the work already done in this field throughout the United Nations system; (c) Identify emerging issues related to the right to food worldwide. The Council also endorsed the Commission's request to the Office of the United Nations High Commissioner for Human Rights to provide all necessary human and financial resources for the effective fulfilment of the mandate of the Special Rapporteur. 2000/220 Human rights defenders At its 10th plenary meeting, on 16 June 2000, the Economic and Social Council, having taken note of Commission on Human Rights resolution 2000/61 of 26 April 2000, endorsed the Commission's decision to request the Secretary-General to appoint, for a period of three years, a special representative who shall report on the situation of human rights defenders in all parts of the world and on possible means to enhance their protection; the main activities of the special representative shall be: (a) To seek, receive, examine and respond to information on the situation and the rights of anyone, acting individually or in association with others, to promote and protect human rights and fundamental freedoms; (b) To establish cooperation and conduct dialogue with Governments and other interested actors on the promotion and effective implementation of the Universal Declaration of Human Rights; (c) To recommend effective strategies better to protect human rights defenders and follow up on these recommendations. 2000/221 Effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights At its 10th plenary meeting, on 26 June 2000, the Economic and Social Council, having taken note of Commission on Human Rights resolution 2000/82 and decision 2000/109 of 26 April 2000, endorsed the Commission's decision to discontinue the mandates of the Special Rapporteur on the effects of foreign debt on the full enjoyment of economic, social and cultural rights and of the independent expert on structural policies and to appoint, for a period of three years, Mr. Fantu Cheru as independent expert on the effects of structural adjustment policies and foreign debt on the full enjoyment of all human rights, particularly economic, social and cultural rights, to submit an analytical report to the Commission, on an annual basis, on the implementation of Commission resolution 2000/82, paying particular attention to: (a) The effects of the foreign debt and the policies adopted to face them on the full enjoyment of all human rights, in particular economic, social and cultural rights in developing countries; (b) Measures taken by Governments, the private sector and international financial institutions to alleviate such effects in developing countries, especially the poorest and heavily indebted countries; (c) New developments, actions and initiatives being taken by international financial institutions, other United Nations bodies and intergovernmental and non-governmental organizations with respect to structural adjustment policies and human rights; and to provide an advance copy of his annual report to the open-ended working group on structural adjustment programmes and economic, social and cultural rights in order to assist the group in the fulfilment of its mandate. The Council also endorsed the Commission's request to the Secretary-General to provide the independent expert with all necessary assistance, in particular the staff and resources required to perform his functions. The Council also decided to authorize the working group on structural adjustment programmes and economic, social and cultural rights to meet for two weeks well in advance of, and at least four weeks prior to, the fifty-seventh session of the Commission with a mandate to (i) continue working on the elaboration of basic policy guidelines on structural adjustment programmes and economic, social and cultural rights which could serve as a basis for a continued dialogue between human rights bodies and international financial institutions and (ii) report to the Commission at its fifty-seventh session. 2000/222 Reports of the regional meetings of the regional commissions on the theme of the high-level segment of the Council At its 10th plenary meeting, on 16 June 2000, the Economic and Social Council agreed to circulate as official documents of the Council the reports of the regional meetings of the regional commissions on the theme of its high-level segment. See Report of the World Assembly on Ageing, Vienna, 26 July-6 August 1982 (United Nations publication, Sales No. E.82.I.16), chap. VI, sect. See Official Records of the Economic and Social Council, 1999, Supplement No. 6 (E/1999/26), chap. See Official Records of the Economic and Social Council, 2000, Supplement No. 3 (E/2000/23), chap. II, sect. General Assembly resolution 44/25, annex. See E/CN.4/1070 and Corr.1. Ibid. Official Records of the Economic and Social Council, Fifty-sixth Session, Supplement No. 5 (E/5464), chap. XIX, sect. Ibid., 1978, Supplement No. 4 (E/1978/34), chap. XXVI, sect. Ibid., 1980, Supplement No. 3 (E/1980/13), chap. XXVI, sect. Ibid., 1978, Supplement No. 4 (E/1978/34), chap. XXVI, sect. Ibid., 2000, Supplement No. 23 (E/2000/23), chap. II, sect. E/CN.4/2000/112, chap. three. Incorrectly cited as having been recommended for special status in the Report of the Committee on Non-Governmental Organizations on its 1999 session (E/1999/109). Omitted from the list of non-governmental organizations recommended for special status in the report of the Committee on Non-Governmental Organizations on its 1999 session (E/1999/109). See Official Records of the Economic and Social Council , 2000, Supplement No. 3 (E/2000/23), chap. II, sect. General Assembly resolution 217 A (III). General Assembly resolution 2200 A (XXI). General Assembly resolution 34/180, annex. General Assembly resolution 44/25, annex. General Assembly resolution 2106 A (XX). See Official Records of the Economic and Social Council , 2000, Supplement No. 3 (E/2000/23), chap. II, sect. Ibid. General Assembly resolution 217 A (III). See Official Records of the Economic and Social Council , 2000, Supplement No. 3 (E/2000/23), chap. II, sect.