The impact of property on the enjoyment of human rights and fundamental freedoms

The General Assembly,

Recalling the Universal Declaration of Human Rights, the Declaration on Social Progress and Development, and the Declaration on the Right to Development, which assign property a role in the exercise of human rights and fundamental freedoms,

Recalling further Commission on Human Rights resolution 1987/18 of 10 March 1987,

Mindful of the obligations of States under the Charter of the United Nations to promote higher standards of living, full employment, and conditions of economic and social progress and development, as well as solutions of international economic, social, health and related problems,

Recognizing the need to promote universal respect for, and observance of, human rights and fundamental freedoms for all without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

Recognizing also that all peoples have the right to self-determination, by virtue of which they may freely determine their political status and may freely pursue their economic, social and cultural development,

Noting with concern that the concentration of economic power in the hands of transnational corporations may impede the comprehensive and meaningful realization of the right to self-determination of peoples,

Recalling its resolutions 3201 (S-VI) and 3202 (S-VI) of 1 May 1974, containing the Declaration and the Programme of Action on the Establishment of a New International Economic Order, 3281 (XXIX) of 12 December 1974, containing the Charter of Economic Rights and Duties of States, 3362 (S-VII) of 16 September 1975 on development and international economic co-operation and 35/56 of 5 December 1980, the annex to which contains the International Development Strategy for the Third United Nations Development Decade,

Recognizing further that the right of peoples to self-determination includes the exercise of their inalienable right to full sovereignty over all their natural wealth and resources,

Convinced that social justice is a prerequisite for lasting peace and that people can achieve complete fulfilment of their aspirations only within a just social order,

Convinced also that social development can be promoted by peaceful coexistence, friendly relations and co-operation among States with different social, economic or political systems,

Reaffirming, in accordance with article 28 of the Universal Declaration of Human Rights, that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized,

Bearing in mind that in no case may human rights and fundamental freedoms be exercised contrary to the purposes and principles of the Charter of the United Nations or to the rights and freedoms of others,

Recalling its resolution 34/137 of 14 December 1979, on the role of the public sector in promoting the economic development of developing countries, in which it emphasized the importance of an efficient public sector in the development process,

Reaffirming, in accordance with article 6 of the Declaration on Social Progress and Development, that social progress and development require the establishment, in conformity with human rights and fundamental freedoms and with the principles of justice and the social function of property, of forms of ownership of land and of the means of production which preclude any kind of exploitation of man, ensure equal rights to property for all and create conditions leading to genuine equality among people,

1.         Reaffirms the obligation of States to take effective steps with a view to achieving the full realization of civil, political, economic, social and cultural rights;

2.         Recognizes that there exist in Member States many forms of legal property ownership, including private, communal and State forms, each of which should contribute to ensuring the effective development and utilization of human resources through the establishment of sound bases for political, economic and social justice;

3.         Calls upon States to ensure that their national legislation with regard to all forms of property shall preclude any impairment of the enjoyment of human rights and fundamental freedoms, without prejudice to their right freely to choose and develop their political, social, economic and cultural systems;

4.         Vigorously condemns the transnational corporations that maintain or are increasing their collaboration with the racist regime of South Africa, thus encouraging that regime to persist in its inhuman and criminal policy of brutal oppression of the peoples of southern Africa and denial of their human rights and becoming accomplices in the inhuman practices of racial discrimination, colonialism and apartheid;

5.         Requests the Secretary-General in preparing his report to the General Assembly at its forty-third session, in accordance with resolution 41/132 of 4 December 1986, to take into account Commission on Human Rights resolution 1987/18, as well as the present resolution.