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

1992/26.
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 1991/37 of 5 March 1991, in which it requested the Secretary-General to continue his efforts to ensure that the human rights, privileges and immunities of United Nations staff members and experts and their families were fully respected, and 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, Taking note of the note by the Secretary-General (E/CN.4/1992/63), in which he draws the attention of the Commission to his report on respect for the privileges and immunities of officials of the United Nations and the specialized agencies and related organizations (A/C.5/46/4), Having examined the note on the protection of human rights of United Nations staff members, experts and their families (E/CN.4/Sub.2/1991/23) prepared by the Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Welcoming Sub-Commission resolution 1991/17 of 28 August 1991 in which it invited the Special Rapporteur to continue her study in order to submit to the Sub-Commission at its forty-fourth session a final report which would include practical recommendations for measures to improve on a long-term basis the protection of personnel of the United Nations system and their families, as well as of experts and consultants, 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, Noting 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 statement by the Secretary-General on 22 January 1992, in which be stressed his deep concern that over one hundred staff members were being kept under detention or were in prison and declared his intention to do the utmost to work for their release;

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 and to seek redress and compensation for the damage caused to those whose human rights, privileges and immunities have been violated, as well as their full reintegration;

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 the health of staff members, experts and their families who are being detained in order to provide them with the necessary medical assistance;

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 once again the Secretary-General to submit to the Commission at its forty-ninth 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 submission of the last report, as well as on the implementation of the measures referred to in paragraphs 4 and 5 of the present resolution.

47th meeting
28 February 1992
[Adopted without a vote. See chap. X.]
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