A/C.3/49/L.32

HUMAN RIGHT QUESTIONS: CAPITAL PUNISHMENT

Andorra, Australia, Austria, Belgium, Cambodia, Cape Verde, Chile, Colombia, Costarica, Czech Republic, Denmark, Ecuador, Finland, France, Greece, Haiti, Honduras, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Marshall, Isalnds, Monaco, Netherlands, Nicaragua, Norway, Panama, Paraguay, Portugal, Romania, San Marino, Spain, Sweden, Uruguay, Vanuatu: draft resolution

Capital punishment

The General Assembly,

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

Recalling its resolutions 2857 (XXVI) of 20 December 1971, 32/61 of 8 December 1977 and 44/128 of 15 December 1989, the latter adopting and opening for signature the Second Optional Protocol to the International Covenant 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, 1990/29 of 24 May 1990 and 1990/51 of 24 July 1990,

Deeply concerned about the fact that in some countries which have not yet abolished the death penalty, sentence of death is also imposed for other than the most serious crimes,

Also concerned that several countries impose the death penalty on juveniles, pregnant women and insane persons, in disregard of the limitations provided for in the International Covenant on Civil Political Rights, in the Convention on the Rights of the Child, and in the Annex to Ecosoc resolution 1984/50,

Welcoming that in the Statutes of the ad hoc International Tribunals for the crimes committed in the former Yugoslavia and in Rwanda and in the draft Statute for an International Criminal Court elaborated by the International Law Commission, capital punishment is excluded from the penalties that these Courts are authorized to impose,

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

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

Urges all States that still maintain the death penalty to fully comply with their obligations under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child, and in particular to exclude pregnant women and juveniles from capital executions,

Invites all States which have not yet abolished the death penalty to consider the progressive restriction of the number of offences for which the death penalty may be imposed and to exclude insane persons from capital executions,

Encourages all Staetes which have not yet abolished the death penalty to consider the opportunity of instituting a moratorium on pending executions with a view to ensuring that the principle that no State should dispose of the life of any human being be affirmed in every part of the world by the year 2000.

Ai paesi co-sponsor della risoluzione presentata dall'Italia sono da aggiungere: Argentina, Bolivia, Cyprus, El Salvador, Germany, Micronesia, New Zealand, Dominican Republic, Solomon Islands, Sao Tome and Principe, Venezuela.

Amendments to draft resolution

Singapore:

Insert a new preambular paragraph after the last preambular paragraph, reading:

"Affirming the sovereign right of States to determine the legal measures and penalties which are appropriate in their societies to combat serious crimes effectively".

Egypt:

1. In the last preambular paragraph, replace the word "Convinced" with the word "Noting".

2. In operative paragraph 1, replace the words "Calls upon" with the word "Invites".

3. In operative paragraph 2, replace the word "Urges" with the word "Encourages".