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U.N. Human Rights Commission Resolutions

Situation in East Timor, Adopted 11 March, 1993, by a vote of 23-12.

The Commission on Human Rights

Guided by the Universal Declaration of Human Rights, the International Covenant on Human Rights and the universally accepted rule of international law;

Bearing in mind the statement on the Situation in East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session (Doc.E/CN. 4/1992/84, para. 457) following the violent incident of the 12 November 1991 in Dili;

Recalling resolution 1992/20 of the Subcommission on Prevention of Discrimination and Protection of Minorities of 27 August 1992;

Gravely concerned at continuing allegations of serious human rights violations and noting with concern in this context the reports of the Special Rapporteur on Torture (Doc.E/CN.4/1993/26); of the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions (Doc.E/CN.4/1993/46), of the Working Group on Enforced or Involuntary Disappearances (Doc.E/CN.4/1993/25);

Bearing in mind the Body of Principles on the Protection of all Persons subject to any form of detention or imprisonment endorsed by the General Assembly in its resolution 43/173 and the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, endorsed by the General Assembly in its resolution 44/162;

Concerned at the fact that the Indonesian authorities did not respond to the provisions of the statement on the situation of East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session;

Disappointed by the frequent denial of access to the territory of East Timor to human rights organizations as well as to some other relevant international observers;

Having examined the report of the Secretary-General on the situation in East Timor (Doc.E/CN.
4/1993/49);

Recalling the relevant United Nations resolutions concerning East Timor

Expresses its deep concern at the reports of continuing human rights violations in the territory of East Timor;

Recalls that the Commission has commenced the decision of the Indonesian government to set up an inquiry Commission but regrets that the Indonesian investigation into the actions of the members of its security personnel on 12 November 1991, from which resulted loss of life, injuries and disappearances, failed to clearly identify all those responsible for those actions;

Expresses its concern over the lack of clear information about the number of people killed on 12 November 1991 and over the persons still unaccounted for;

Regrets the disparity in the severity of sentences handed to those civilians not indicted for violent activities - who should have been released without delay - on the one hand, and to the military involved in the violent incident, on the other;

Calls upon the government of Indonesia to honor its commitments undertaken in the consensus Statement adopted on 4 March 1992 by the Commission on Human Rights at its 48th session;

Calls upon the Indonesian Government to ensure that all the East Timorese in custody, including main opposition figures, be treated humanely and with their rights fully respected, that all trials be fair, just, public and recognize the right to proper legal representation, in accordance with international humanitarian law, and that those not involved in violent activities will be released without delay;

Renews its call on the Indonesian authorities to allow access to East Timor for human rights organizations and additional humanitarian organizations;

Encourages once again the Indonesian authorities to take the necessary steps to implement the recommendations presented by the Special Rapporteur on torture in its report (Doc. E/C. 4/1992/17/Add.1) following his visit to Indonesia and East Timor and to keep the Special Rapporteur informed of the progress made towards their implementation;

Urges the Government of Indonesia to invite the Special Rapporteur on Torture, the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, the Working Group on Arbitrary Detention and the Working Group on Involuntary Disappearances to visit East Timor and to facilitate the discharge of their mandates;

Invites the Secretary-General to transmit the full report of his Personal Envoy, Mr. Amos Wako, to the Commission on Human Rights;

Welcomes the resumption of talks about the question of East Timor and encourages the Secretary-General to continue his good offices for achieving a just, comprehensive and internationally acceptable settlement of the question of East Timor;

Decides to consider the situation in East Timor at its fiftieth session on the basis of the reports of the Special rapporteurs and Working Groups and that of the Secretary General, which would include an analytical compilation of all information received from, among others, Governments, intergovernmental and non-governmental organizations.

In favor (23): Angola, Australia, Austria, Barbados, Brazil, Bulgaria, Canada, Chile, Costa Rica, Czech Republic, Finland, France, Germany, Guinea-Bissau, Mauritius, Netherlands, Poland, Portugal, Russian Federation, United Kingdom, USA, Uruguay, Zambia.

Against (12): Bangladesh, China, Cuba, Gambia, India, Indonesia, Iran, Malaysia, Nigeria, Sri Lanka, Sudan, Syria.

Abstentions (15): Argentina, Burundi, Colombia, Cyprus, Gabon, Japan, Kenya, Lesotho, Mauritania, Mexico, Pakistan, Peru, Republic of Korea, Tunisia, Venezuela.

 


 

Commission on Human Rights resolution 1997/63 Adopted April 16, 1997

Situation of human rights in East Timor

The Commission on Human Rights,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms as stated in the Charter of the United Nations and as elaborated in the Universal Declaration of Human Rights, the International Covenants on Human Rights and other applicable instruments,

Mindful that Indonesia is a party to the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and to the Geneva Conventions of 1949 on the protection of victims of war,

Recalling its resolution 1993/97 of 11 March 1993, and bearing in mind statements by the Chairman of the Commission on the situation of human rights on East Timor at its forty-eighth, fiftieth, fifty-first and fifty-second sessions,

1. Welcomes

(a) The report of the Secretary-General (E/CN.4/1997/51) and his recent nomination of a
special representative;

(b) The continuing efforts of the Indonesian National Commission on Human Rights to investigate human rights violations, and its decision to establish an office in Dili, East Timor;

(c) The commitments by the Government of Indonesia to continue the dialogue under the auspices of the Secretary-General for achieving a just, comprehensive and internationally acceptable solution to the question of East Timor;

2. Expresses its deep concern

(a) At the continuing reports of violations of human rights in East Timor, including reports of extrajudicial killings, disappearances, torture and arbitrary detention as reported in the reports of the Special Rapporteur on torture (E/CN.4/1997/7), the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1997/60), the Working Group on Arbitrary Detention (E/CN.4/1997/4 and Add.1) and the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1997/34);

(b) At the lack of progress made by the Indonesian authorities towards complying with their commitments undertaken in statements agreed by consensus at previous sessions of the Commission;

(c) That the Government of Indonesia has not yet invited thematic rapporteurs and working groups of the Commission to East Timor, in spite of commitments undertaken to do so in 1997;

(d) At the policy of systematic migration of persons to East Timor;

3. Calls upon the Government of Indonesia

(a) To take the necessary measures in order to ensure full respect for the human rights and fundamental freedoms of the people of East Timor;

(b) To ensure the early release of East Timorese detained or convicted for political reasons and to clarify further the circumstances surrounding the violent incident that took place in Dili in November 1991;

(c) To ensure that all East Timorese in custody are treated humanely and in accordance with international standards, and that all trials in East Timor are conducted in accordance with international standards;

(d) To cooperate fully with the Commission and its thematic rapporteurs and working groups and to invite these rapporteurs and working groups to visit East Timor, in particular the Special Rapporteur on torture, in line with the commitment undertaken to invite a thematic rapporteur in 1997;

(e) To undertake all necessary action in order to upgrade the memorandum of intent of 26 October 1994 on technical cooperation into the envisaged memorandum of understanding, and requests in this regard the United Nations High Commissioner for Human Rights to report on the follow-up to the memorandum of intent;

(f) To bring about the envisaged assignment of a programme officer of the Office of the United Nations High Commissioner for Human Rights at the Jakarta office of the United Nations Development Programme, as follow-up to the commitment undertaken, and to provide this officer with unhindered access to East Timor;

(g) To provide access to East Timor for human rights organizations;

4. Decides

(a) To consider the situation in East Timor at its fifty-fourth session under the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world" on the basis of the reports of special rapporteurs and working groups and that of the Secretary-General;

(b) To encourage the Secretary-General to continue his good offices mission for achieving a just, comprehensive and internationally acceptable solution to the question of East Timor and in this framework to encourage the all-inclusive intra-East Timorese dialogue to continue under the auspices of the United Nations.

Twenty countries in favour: Angola, Austria, Brazil, Bulgaria, Canada, Cape Verde, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, France, Germany, Ireland, Italy, Mozambique, Netherlands, United Kingdom, USA, Uruguay

Fourteen Against: Bangladesh, Bhutan, China, Cuba, Egypt, India, Indonesia, Madagascar, Malaysia, Nepal, Pakistan, Philippines, Sri Lanka, Zimbabwe

Eighteen Abstentions: Algeria, Argentina, Belarus, Benin, Chile, Columbia, Ethiopia, Gabon, Guinea, Japan, Mali, Mexico, Nicaragua, Republic of Korea, Russian Federation, South Africa, Uganda, Zaire.

United Nations Security Council Resolutions on East Timor
General Assembly Resolutions on East Timor
UN General Assembly Votes on East Timor

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