Status of the International Covenants on Human Rights.

1988/27. Status of the International Covenants on Human Rights

The Commission on Human Rights, Mindful that the International Covenants on Human Rights constitute the first all-embracing and legally binding international treaties in the field of human rights and, together with the Universal Declaration of Human Rights, form the heart of the International Bill of Human Rights, Recalling its resolution 1987/26 of 10 March 1987 and General Assembly resolution 42/103 of 7 December 1987, Having Considered the report of the Secretary-General on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights (A/42/450), Noting in this regard that a number of the States Members of the United Nations have yet to become parties to the International Covenants on Human Rights, Bearing in mind its responsibility for the co-ordination of activities concerning human rights in the United Nations system, in accordance with Economic and Social Council resolution 1979/36 of 10 May 1979,

1. Reaffirms the importance of the International Covenants on Human Rights as major parts of international efforts to promote universal respect for and observance of human rights and fundamental freedoms;

2. Appeals strongly to all States that have not yet become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights to do so, as well as to consider acceding to the Optional Protocol to the International Covenant on Civil and Political Rights, so that these instruments acquire genuine universality;

3. Invites the Secretary-General to intensify systematic efforts to encourage States to become parties to the International Covenants and, through the programme of advisory services in the field of human rights, to provide technical assistance to the States that are not parties to the Covenants, with a view to assisting them to ratify them or accede thereto;

4. Again invites the States parties to the International Covenant on Civil and Political Rights which have not yet done so to consider making the declaration provided for in article 41 of the Covenant;

5. Emphasizes the importance of the strictest compliance by States parties with their obligations under the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and, where applicable, the Optional Protocol to the International Covenant on Civil and Political Rights;

6. Recommends to States parties that they periodically review any reservations made in respect of the provisions of the International Covenants on Human Rights to ascertain whether they should be maintained;

7. Stresses to States parties the importance of avoiding the erosion of human rights by derogation and underlines the necessity for strict observance of the agreed condition and procedure for derogation under article 4 of the International Covenant on Civil and Political Rights and the need for States parties to provide the fullest possible information during states of emergency, so that the justification and appropriateness of measures taken in these circumstances can be assessed;

8. Recognizes the important role of the Human Rights Committee and expresses its satisfaction with the serious and constructive manner in which that Committee has discharged its functions under the International Covenant on Civil and Political Rights and the Optional Protocol thereto and requests the Secretary-General to continue to transmit the general comments of the Human Rights Committee to The Commission on Human Rights on a regular basis;

9. Welcomes the continuing efforts of the Human Rights Committee to strive for uniform standards in the implementation of the provisions of the International Covenant on Civil and Political Rights and appeals to other bodies dealing with similar questions of human rights to respect these uniform standards as expressed in the general comments of the Human Rights Committee;

10. Welcomes the establishment of the Committee on Economic, Social and Cultural Rights, entrusted with the important task of overseeing the implementation of the International Covenant on Economic, Social and Cultural Rights;

11. Encourages the Committee on Economic, Social and Cultural Rights to strive towards the application of universally recognized criteria in the implementation of the Covenant;

12. Requests the Secretary-General to consider ways and means, within existing resources, of assisting States parties to the Covenants in the preparation of their reports, including the awarding of fellowships to government officials engaged in the preparation of such reports, the organization of regional and subregional training courses and the exploration of other possibilities available under the programme of advisory services in the field of human rights;

13. Urges the Secretary-General to give more publicity to the work of the Human Rights Committee and the Committee on Economic, Social and Cultural Rights and to ensure that the necessary administrative and related support is provided, including sufficient meeting time and summary records of their meetings, to enable them to carry out their respective functions effectively;

14. Encourages once again all Governments to publish the texts of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the latter Covenant in as many languages as possible and to disseminate them as widely as possible in order to make them better known;

15. Notes with satisfaction the publication of the first volumes of the Yearbook of the Human Rights Committee, containing the official records of the Committee, and looks forward to the early publication of further volumes;

16. Requests the Secretary-General to submit to The Commission on Human Rights, at its forty-fifth session, a report on the status of the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights, including all reservations and declarations, and to include in that report information on the work of the Economic and Social Council and the Committee on Economic, Social and Cultural Rights;

17. Decides to consider at its forty-fifth session an agenda item entitled "Status of the International Covenants on Human Rights".

49th meeting
7 March 1988
[Adopted without a vote. See chap. XVIII.]