E/CN.4/1997/L.20

27 march 1997

Original: ENGLISH

COMMISSION ON HUMAN RIGHTS

fiftythird session

Agenda item 14

STATUS OF THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS

Angola, Australia*, Austria, Belgium*, Bolivia*, Brazil, Colombia, Costa Rica*, Croatia*, Cyprus*, Czech republic, Denmark, Dominican republic, Ecuador, Estonia*, Finland*, France, Germany, Greece*, Haiti*, Honduras*, Hungary*, Iceland*, Ireland, Italy, Latvia*, Lietchtenstein*, Luxembourg*, Malta*, Marshall Island*, Nepal, Netherlands, New Zeland*, Nicaragua, Norway*, Papua Nuova Guinea*, Portugal*, Romania*, San Marino*, Slovakia*, Slovenia*, South Africa, Spain*, Sweden*, Switzerland*, the Former Yuoslav Republic of Macedonia*, Uruguay and Venezuela*:

draft resolution

* non member states in accordance with rule 69, paragraph 3, of the rules of procedures of the functional commission of the Economic and Social Council.

1997/... Question of the death penalty

The Commission on Human Rights,

Recalling article 3 of the Universal Declaration of Human Rights, which affirms the right of everyone to life, article 6 of the International Covenanat on Civil and Political Rights and articles 6 and 37 (a) of the Convention on the Rights of the Child,

Recalling General Assembly resolution 2857 (XXVI) of 20 December 1971 and 32/61 of 8 December 1977 on capital punishment, as well as resolution 44/128 of 15 December 1989, in which the Assembly adopted and opened for signatures, ratification and accession the second Optional Protocol to the International Covenanat on Civil and Political Rights, aiming at the abolition of the death penalty,

Recalling also Economic and Social Council resolutions 1574 (L) of 20 May 1971, 1745 (LIV) of 16 May 1973, 1930 (LVIII) of 6 May 1975, 1984/50 of 25 May 1984, 1985/33 of 29 May 1985, 1989/64 of 24 May 1996, 1990/29 of 24 May 1990, 1990/51 of é' July 1990 and 1996/15 of 23 July 1996,

Recalling further the report of the Secretary General on capital punishment and implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty (E/CN.15/1996/19), which states that there has been a considerable shift towards the abolition of the death penalty,

Welcoming the exclusion of capital punishment from the penalties that the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are authorized to impose,

Welcoming the observation of the Human Rights Committee, in its general comment of 6 of 27 July 1982 on article 6 of the International Covenant on Civil and Political Rights, that the provisions contained in that article refer to abolition of the death penalty in terms which strongly suggest that abolition is desirable, and its affirmation that all measures of abolition should be considered as progress in the enjoyment of the right to life,

Deeply concerned that several countries impose the death penalty in disregard of the limitation s provided for in the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child,

Concerned also that several countries, in imposing the death penalty, do not take into account the Safeguards guaranteeing protection of the rights of those facing the death penalty, set out in the annex to Economoc and Social Council resolution 1984/50 of 25 May 1984,

Convinced that abolition of the death penalty contributes to the enhancement of human dignity and to the progressive development of human rights,

1. Calls upon all States parties to the International Covenant on Civil and Political Rights that have not yet done so to consider acceding to or ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty,

2. Urges all States that still maintain the death penalty to comply fully with their obligations under the International Covenants on Civil and Political Rights and the Convention on the Roghts of the Child, notably not to impose the death penalty for any but the most seroius crimes, not to impose it for crimes committed by persons below eighteen years of age, to exclude pregnanat women from capital punishment and to ensure the right to seek pardon or commutation of sentence,

3. Calls upon all States that still maintain the death penalty to preserve the Safeguards guaranteeing protection of the rights of those facing the death penalty, set out in the annex to Economic and Social Council resolution 1984/50 of 25 May 1984,

4. Calls upon all States that have not yet abolished the death penalty progressively to restrict the number of offences for which the death penalty may be imposed,

5. Also calls upon all States that have not yet abolished the death penalty to consider suspending executions, with a view to completly abolishing the death penalty,

6. Request the Secretary General to submit to the Commission on Human Rights in consultation with govermnents, specialized agencies and intergovernmental and non governamental organizations, a yearly supplement on changes in law and practice concerning the death penalty worldwide to his quinquennial report on capital punishment and implementation of the safeguards guaranteeing the protection of the rights of those facing the death penalty,

7. Calls upon States that still retain the death penalty to make available to the public information with regard to the imposition of the death penalty,

8. Decides to continue consideration of the matter at its fiftyfourth session under the same agenda item.