Staff members of the United Nations and of the specialized agencies in detention.

1991/37. Staff members of the United Nations and of the specialized agencies in detention

The Commission on Human Rights, Recalling General Assembly resolutions 42/219 of 21 December 1987, 43/225 of 21 December 1988, 44/186 of 19 December 1989 and 45/240 of 21 December 1990, in which the Assembly deplored the increase in the number of cases where the functioning, safety and well-being of officials had been adversely affected, including cases of detention in Member States and abduction by armed groups and individuals, and the increasing number of cases in which the lives and well-being of officials had been placed in jeopardy during the exercise of their official functions, Recalling its resolution 1990/31 of 2 March 1990, in which it requested the Secretary-General to continue his efforts to ensure that the human rights and privileges and immunities of the United Nations staff members and experts and their families were fully respected, and to submit to the Commission at its forty-seventh session an updated version of the report submitted to it at its forty-fifth session on the situation of United Nations staff members, experts and their families detained, imprisoned, missing or held in a country against their will, Taking note with appreciation of the updated report on the protection of human rights of United Nations staff members, experts and their families prepared by the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (E/CN.4/Sub.2/1990/30), and of the recommendations contained therein, Welcoming the decision of the Sub-Commission, in its resolution 1990/20 of 30 August 1990, to invite the Special Rapporteur to continue her study so as to submit to the Sub-Commission at its forty-third session a final version of the aforesaid report as well as practical recommendations for the improvement of the protection of personnel of the United Nations system and their families, including experts and consultants, Noting the holding of a round-table meeting at the United Nations Office at Geneva, on 10 December 1990, on how to put an end to infringements upon the security and independence of international civil servants, in response to Sub-Commission decision 1990/120 of 30 August 1990, expressing the wish that this problem should be publicized and examined during the commemoration of the forty-second anniversary of the Universal Declaration of Human Rights, Considering that at a time when the United Nations is being called upon to undertake greater responsibilities in various parts of the world, it is imperative that its staff members be able to perform their duties with the assurance that their human rights, privileges and immunities will be fully respected, in accordance with the relevant provisions of the Charter of the United Nations and other international instruments, Gravely concerned that a significant number of United Nations staff members, experts and their families continue to be held captive or are otherwise unaccounted for, Nothing the need for updated and complete information on the situation of United Nations staff members, experts and their families detained, imprisoned, missing or held in a country against their will, Convinced that a better coordinated and more detailed reporting system, with a better dialogue between the United Nations and the host country, may contribute to a faster solution of cases, Preoccupied by the inordinate delays which different organizations of the United Nations system face when trying to exercise fully the right of functional protection of their staff members, Greatly appreciating the efforts of the Secretary-General to promote a satisfactory resolution of all cases of this kind, and noting that these efforts have already produced concrete results concerning the security of United Nations staff members, experts and their families,

1. Welcomes the updated report of the Secretary-General on the detention of international civil servants and their families (E/CN.4/1991/18) submitted pursuant to Commission resolution 1990/31 ;

2. Appeals again to Member States to respect and to ensure respect for the rights of staff members and others acting under the authority of the United Nations and their families;

3. Requests the Secretary-General to continue his efforts to ensure that the human rights, privileges and immunities of United Nations staff members, experts and their families are fully respected;

4. Urges Member States, in accordance with the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (General Assembly resolution 43/173 , annex), to provide adequate and prompt information concerning the arrest or detention of United Nations staff members, experts and their families, and to grant the representative of the competent international organization access to them without delay;

5. Also urges Member States to allow medical teams to investigate cases in which the health of staff members, experts and their families who are being detained is reported to have suffered and to permit the necessary medical treatment to be made available;

6. Calls upon Member States to allow the representative of the competent international organization to attend any hearing concerning United Nations staff members, experts and their families;

7. Requests the Secretary-General to submit to the Commission at its forty-eighth session an updated version of the report on the situation of United Nations staff members, experts and their families detained, imprisoned, missing or held in a country against their will, including those cases which have been successfully settled since the presentation of the last report, as well as on the implementation of the measures referred to in paragraphs 4 and 5 of the present resolution.

52nd meeting
5 March 1991
[Adopted without a vote. See chap. X.]