Human Rights Provisions of the Draft Outcome Document

Human Rights Provisions of the Draft Outcome Document
13 September 2005

Human Rights Principles

We reaffirm that our common fundamental values, including freedom, equality, solidarity, tolerance, respect for all human rights, respect for nature and shared responsibility, are essential to international relations.

We rededicate ourselves to […] the right to self-determination of peoples which remain under colonial domination and foreign occupation, […] respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion […].

We reaffirm the vital importance of an effective multilateral system, in accordance with international law, in order to […] achieve progress in the areas of […].

We acknowledge that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being. We recognise that development, peace and security and human rights are interlinked and mutually reinforcing.

We acknowledge that good governance and the rule of law at the national and international levels are essential for sustained economic growth, sustainable development and the eradication of poverty and hunger.

We reaffirm that gender equality and the promotion and protection of the full enjoyment of all human rights and fundamental freedoms for all are essential to advance development, peace and security.

We reaffirm the universality, indivisibility, interdependence, and interrelatedness of all human rights.

We […] resolve to […] undertake concrete measures to continue finding ways to […] provide multilateral solutions to the problems in […] Human rights and the rule of law.

We recommit ourselves to actively protect and promote all human rights, the rule of law and democracy, and recognize that they are interlinked and mutually reinforcing and that they belong to universal and indivisible core values and principles of the United Nations, and call upon all parts of the United Nations to promote human rights and fundamental freedoms in accordance with their mandates.

We reaffirm the solemn commitment of our States to fulfil their obligations to promote universal respect for, and observance and protection of all human rights and fundamental freedoms for all in accordance with the Charter, the Universal Declaration of Human Rights and other instruments relating to human rights and international law. The universal nature of these rights and freedoms is beyond question.

We reaffirm that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that all human rights must be treated in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical cultural and religious backgrounds must be borne in mind, all States regardless of their political, economic and cultural systems have the duties to promote and protect all human rights and fundamental freedoms.

We emphasize the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, or religion, political or other opinion, national or social origin, property, birth or other status.

We stress the right of people to live in freedom and dignity, free from poverty and despair. We recognize that all individuals, in particular the vulnerable people, are entitled to freedom from fear and freedom from want, with an equal opportunity to enjoy all their rights and fully develop their human potential. To this end, we commit ourselves to discuss and define the notion of human security in the General Assembly.

Human Rights in Development

We reaffirm that good governance is essential for sustainable development; sound economic policies, solid democratic institutions responsive to the needs of the people and improved infrastructure are the basis for sustained economic growth, poverty eradication and employment creation; and that freedom, peace and security, domestic stability, respect for human rights, including the right to development, the rule of law, gender equality, market-oriented policies and an overall commitment to just and democratic societies are also essential and mutually reinforcing;

Human Rights in Gender and of Women

We […] resolve to promote gender equality and eliminate pervasive gender discrimination by: eliminating gender inequalities in primary and secondary education by the earliest possible date and at all educational levels by 2015; Guaranteeing the free and equal right of women to own and inherit property, and ensuring secure tenure of property and housing by women; Ensuring equal access to reproductive health; Promoting women’s equal access to labour markets, sustainable employment, and adequate labour protection; Ensuring equal access of women to productive assets and resources, including land, credit and technology; Eliminating all forms of discrimination and violence against women and the girl child including by ending impunity and by ensuring the protection of civilians, in particular women and the girl child during and after armed conflicts in accordance with the obligations of States under international humanitarian law and international human rights law; Promoting increased representation of women in government decision-making bodies, including through ensuring their equal opportunity to participate fully in the political process.

Human Rights of Migrants

We reaffirm our resolve to take measures to ensure respect for and protection of the human rights of migrants, migrant workers and members of their families.

Human Rights in Africa

We welcome the substantial progress made by the African countries in fulfilling their commitments and emphasize the need to carry forward the implementation of the NEPAD to promote sustainable growth and development and deepen democracy, human rights, good governance and sound economic management and gender equality.

Human Rights in Peace and Security

We […] reaffirm our commitment to work towards a security consensus based on the recognition that […] development, peace, security and human rights are mutually reinforcing.

We reaffirm that one of the purposes and principles guiding the United Nations is to maintain international peace and security, and to develop friendly relations among nations based on the respect for the principles of equal rights and self-determination of peoples.

We recognize that international cooperation to fight terrorism must be conducted in conformity with international law, including the Charter and relevant international Conventions and Protocols. States must ensure that any measures taken to combat terrorism comply with their obligations under international law, in particular human rights law, refugee law and international humanitarian law.

We underscore the importance of the recommendations of the Secretary-General’s Advisor on Sexual Exploitation and Abuse by UN Peacekeeping Personnel, and urge that those measures adopted in the relevant General Assembly resolutions based upon the recommendations mentioned above be fully implemented without delay.

Human Rights and Trafficking

We express our grave concern at the negative effects on […] human rights posed by transnational crime, including the smuggling of and trafficking in human beings, [and…] reaffirm the need to work collectively to combat transnational crime.

We recognize that trafficking in persons continues to pose a serious challenge to humanity and requires a concerted international response. To that end, we urge all States to devise, enforce and strengthen effective measures to combat and eliminate all forms of trafficking in persons to counter the demand for trafficked victims and to protect the victims.

Human Rights of the Child

We express dismay at the increasing number of children involved in and affected by armed conflict, as well as all other forms of violence including domestic violence, sexual abuse and exploitation, and trafficking. We support cooperation policies aimed at strengthening the national capacities to improve the situation of those children and to assist in their rehabilitation and reintegration into society.

We commit ourselves to respecting and ensuring the rights of each child without discrimination of any kind, irrespective of the race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status of the child, his/her parent(s) or legal guardian(s). We call upon States to consider becoming a party as a priority to the Convention on the Rights of the hild.

We […] call upon all States concerned to take concrete measures to ensure accountability and compliance by those responsible for grave abuses against children. We also reaffirm our commitment to ensure that children in armed conflicts receive timely and effective humanitarian assistance, including education, for their rehabilitation and reintegration into society.

Human Rights Machinery

We resolve further to strengthen the United Nations human rights machinery with the aim of ensuring effective enjoyment by all of all human rights, civil, political, economic, social and cultural rights including the right to development.

We resolve to strengthen the Office of the United Nations High Commissioner for Human Rights, taking note of the High Commissioner’s plan of action to enable it to effectively carry out its mandate to respond to the broad range of human rights challenges facing the international community, particularly in the areas of technical assistance and capacity building, through the doubling of its regular budget resources over the next five years, with a view to progressively setting a balance between regular budget and voluntary contributions to its resources, keeping in mind other priority programmes for developing countries and the recruitment of highly competent staff, on a broad geographical basis and with gender balance, provided under the regular budget, and support its closer cooperation with all relevant United Nations bodies, including the General Assembly, the Economic and Social Council and the Security Council.

We resolve to improve the effectiveness of the human rights treaty bodies, including through more timely reporting, improved and streamlined reporting procedures, technical assistance to States to enhance their reporting capacities, and further enhance the implementation of their recommendations.

We resolve to integrate the promotion and protection of human rights into national policies and to support the further mainstreaming of human rights throughout the United Nations system, as well as closer cooperation between the Office of the United Nations High Commissioner for Human Rights and all relevant United Nations bodies.

We support stronger system-wide coherence by […] strengthening linkages between the normative work of the United Nations system and its operational activities;

We fully support the mission of the UN Special Advisor for the Prevention of Genocide.

Pursuant to our commitment to further strengthen the United Nations human rights machinery, we resolve to create a Human Rights Council.

The Council will be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner.

The Council should address situations of violations of human rights, including gross and systematic violations and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the UN system.

We request the President of the General Assembly to conduct, open, transparent and inclusive negotiations to be completed as soon as possible during the 60th session, with the aim of establishing the mandate, modalities, functions, size, composition, membership, working methods and procedures for the Council.

Human Rights of Special Groups

We reaffirm our commitment to continue making progress in the advancement of the human rights of the world’s indigenous peoples at the local, national, regional and international levels, including through consultation and collaboration with them, and to present for adoption a final draft United Nations Declaration on the Rights of Indigenous Peoples as soon as possible.

We recognize the need to pay special attention to the human rights of women and children and undertake to advance them in every possible way, including by bringing gender and child-protection perspectives into the human rights agenda.

We recognize the need for persons with disabilities to be guaranteed full enjoyment of their rights without discrimination. We also affirm the need to finalize a comprehensive draft convention on the rights of persons with disabilities.

We note that the promotion and protection of the rights of persons belonging to national or ethnic, religious, and linguistic minorities contributes to political and social stability and peace and enriches the cultural diversity and heritage of society.

We recognize the Guiding Principles on Internal Displacement as an important international framework for the protection of internally displaced persons and resolve to take effective measures to increase the protection of internally displaced persons.

We commit ourselves to safeguard the principle of refugee protection and to uphold our responsibility in resolving the plight of refugees, including through the support of efforts aimed at addressing the causes of refugee movement, bringing about the safe and sustainable return of these populations, finding durable solutions for refugees in protracted situations and preventing refugee movement from becoming a source of tension among States. We reaffirm the principle of solidarity and burden sharing and resolve to support nations in assisting refugee populations and their host communities.

Human Rights Education

We support the promotion of human rights education and learning at all levels, including through the implementation of the World Programme for Human Rights Education, as appropriate and we encourage all States to develop initiatives in this regard.

Rule of Law

Recognizing the need for universal adherence to and implementation of the rule of law at both the national and international levels, we: Reaffirm our commitment to the purposes and principles of the Charter and international law and to an international order based on the rule of law and international law, which is essential for peaceful coexistence and cooperation among States; Support the annual treaty event; Encourage States that have not yet done so to consider becoming parties to all treaties that relate to the protection of civilians; Call upon States to continue their efforts to eradicate policies and practices that discriminate against women and to adopt laws and promote practices that protect the rights of women and promote gender equality; Support the idea of the establishment of a rule of law assistance unit within the Secretariat, in accordance with existing relevant procedures, subject to a report by the Secretary-General to the General Assembly, to strengthen United Nations activities to promote the rule of law including through technical assistance and capacity building;

Democracy

We reaffirm that democracy is a universal value based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. We also reaffirm that while democracies share common features, there is no single model of democracy, that it does not belong to any country or region, and reaffirm the necessity of due respect for sovereignty and the right for self-determination. We stress that democracy, development and respect for all human rights and fundamental freedoms are interdependent and mutually reinforcing.

We renew our commitment to support democracy by strengthening countries’ capacities to implement the principles and practices of democracy and resolve to strengthen the capacity of the United Nations to assist Member States upon their request. We welcome the establishment of a Democracy Fund at the United Nations. We note the advisory board to be established should reflect diverse geographical representation. We invite the Secretary-General to help ensure that practical arrangements for the Democracy Fund take proper account of existing UN activity in this field. We invite interested Member States to give serious consideration to contributing to it.

Responsibility to Protect

Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and should support the United Nations to establish an early warning capability.

The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapter VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the UN Charter, including Chapter VII, on a case by case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly failing to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity and its implications, bearing in mind the principles of the Charter of the United Nations and international law. We also intend to commit ourselves, as necessary and appropriate, to help states build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assist those which are under stress before crises and conflicts break out.

Human Rights NGOs

We welcome the positive contributions of […] non-governmental organizations in the promotion and implementation of development and human rights programmes, stress the importance of their continued engagement with governments, the United Nations, and other international organization in these key areas.