A review of the sixty-first session of the commission on human rights

Abstract

This report seeks to analyse the main highlights of this year's session of the United Nations Commission on Human Rights. The Commission was set up in 1947 and is the UN's principal human rights body. It is currently the subject of major reform proposals stemming primarily from the UN Secretary-General and agreed upon, in general terms by member states at the 14–16 September 2005 World Summit. The review below, focusing on the main country and thematic issues discussed at the March–April 2005 session, will be indicative of how badly and in what ways reform of the Commission on Human Rights is required.

Notes

1. Membership of the Commission listed according to regional groups can be found on http://www.ohchr.org/english/bodies/chr/docs/61chr/2005regional.doc (accessed 11 July 2005).

2. Statement by Ms Louise Arbour, UN High Commissioner for Human Rights, 14 March 2005, available at http://www.unhchr.ch/huricane/huricane.nsf/view01/527ED2F6E7DD06ADC1256FC400406C8D? opendocument (accessed 8 July 2005).

3. UN Doc A/59/565 (2 December 2004), Follow-up to the outcome of the Millennium Summit, para. 3.

4. Ibid. para. 283.

5. Ibid. para. 289.

6. UN Doc A/59/2005 (21 March 2005), In larger freedom: towards development, security and human rights for all, para. 143.

7. UN Doc SG/SM/9808 HR/CN//1108 (7 April 2004), Press Release, Secretary-General outlines major proposals to reform UN human rights machinery, in address to Geneva Human Rights Commission.

8. UN Doc A/59/2005 (note 6) para. 183.

9. Ibid. para. 183.

10. Ibid. para. 183.

11. Ibid. para. 183.

12. UN Doc SG/SM/9808 HR/CN//1108 (note 7).

13. Statement by Ms Louise Arbour. UN High Commissioner for Human Rights. 22 April 2005, available online at http://www.unhchr.ch/huricane/huricane.nsf/view01/B0848560A2465272C1256FEB0052A975? opendocument (accessed 8 July 2005).

14. 2005 UN Commission on Human Rights: Joint statement on UN Reform, Amnesty International, Public Statement, AI Index: IOR 41/034/2005 (Public), News Service No: 089, 12 April 2005.

15. Statement by Ms Louise Arbour (note 13).

16. UN Doc SG/SM/9808 HR/CN//1108 (7 April 2004), Press Release, Secretary-General outlines major proposals to reform UN human rights machinery, in address to Geneva Human Rights Commission.

17. At the 14–15 September 2005 World Summit, member states agreed to create a Human Rights Council ‘responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner. The Council should address situations of violations of human rights, including gross and systematic violations, and make recommendations thereon. It should also promote effective coordination and the mainstreaming of human rights within the United Nations system.’ They also requested ‘the President of the General Assembly to conduct open, transparent and inclusive negotiations, to be completed as soon as possible during the sixtieth session, with the aim of establishing the mandate, modalities, functions, size, composition, membership, working methods and procedures of the Council’. UN Doc. A/60/L.1, (20 September 2005), paras. 157–160.

18. Economic and Social Council Resolution 1235 (XLII), 42 UN, ESCOR Supp. (No. 1) at 17, UN Doc. E/4393 (1967).

19. UN Doc E/CN.4/RES/1992/58.

20. Whilst Commission concern with Cuba, for example, stretches back to 1990, the resolution was discontinued in 1998 – when it was adopted as a Commission decision rather than resolution.

21. UN Doc E/CN.4/2005/36 (2 December 2004), Report of Mr Paulo Sérgio Pinheiro, Special Rapporteur on the situation of human rights in Myanmar, para. 53.

22. UN Doc E/CN.4/2005/130 (7 March 2005), Report of the Secretary-General on the situation of human rights in Myanmar.

23. For a list of member states go to http://europa.eu.int/abc/index_en.htm# (accessed 11 July 2005).

24. UN Doc E/CN.4/RES/2005/10 (14 April 2005), Situation of human rights in Myanmar, adopted without a vote.

25. Reported in: UN Doc. E/CN.4/RES/2004/13 (15 April 2004), Situation of human rights in the Democratic People's Republic of Korea, adopted by a recorded vote of 29 votes to 8 with 16 abstentions, para. 1 (g).

26. Ibid. para. 1.

27. Ibid. para. 5.

28. UN Doc. E/CN.4/RES/2005/11 (14 April 2005), Situation of human rights in the Democratic People's Republic of Korea, adopted by a recorded vote of 30 votes to 9 with 14 abstentions, para. 10.

29. UN Doc E/CN.4/2005/34 (10 January 2005), Report of Mr Vitit Muntarbhorn, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, para. 67.

30. UN Doc. E/CN.4/RES/2005/11 (note 27) para. 1.

31. Ibid. para. 1(c).

32. UN Doc E/CN.4/2005/SR.50 (21 April 2005), Summary Record of the 50th meeting, para. 17.

33. Ibid. para. 19.

34. Ibid. para. 27.

35. UN Doc E/CN.4/2005/33 (4 January 2005), Situation of human rights in Cuba, Report of the Personal Representative of the High Commissioner for Human Rights, Ms Christine Chanet.

36. UN Doc E/CN.4/RES/2005/12 (14 April 2005), Situation of human rights in Cuba, adopted by a recorded vote of 21 to 17 with 15 abstentions.

37. A mere two operative paragraphs.

38. UN Doc E/CN.4/2005/SR.50 (note 31) para. 34.

39. Ibid. para. 35.

40. Ibid. para. 37.

41. UN Doc E/CN.4/RES/2005/13 (14 April 2005), Situation of human rights in Belarus, adopted by a recorded vote of 23 to 16 with 14 abstentions, para. 4.

42. UN Doc E/CN.4/2005/35 (18 March 2005), Report of the Special Rapporteur on the situation of human rights in Belarus, Mr Adrian Severin, para. 61.

43. UN Doc E/CN.4/RES/2005/82 (21 April 2005), Situation of human rights in the Sudan, adopted without a vote, para. 4(b).

44. Ibid. para. 4(c).

45. For example: safe and unhindered humanitarian access, sexual and other kinds of violence against women and girls, the rights of refugees and IDPs; cooperation with international, regional and humanitarian organisations; granting access to Darfur to the ICRC, preventing the recruitment of child soldiers, refraining from the use of landmines and stopping the abduction and murder of relief workers. See ibid. para. 3.

46. The rights and security of IDPs and refugees, access to courts for victims and the independence of the judiciary and establishing a truth and reconciliation commission once peace is established in Darfur, See ibid. para. 4.

47. Ibid. para. 11.

48. UN Doc. E/CN.4/2003/L.35 on the situation of human rights in the Sudan failed to be adopted by 24 votes in favour, 26 against with 3 abstentions (Thailand, Uganda, Venezuala).

49. UN Doc. E/CN.4/RES/2004/128 (23 April 2004), Situation of human rights in the Sudan, adopted with 50 votes for, 1 against and 2 abstentions, para. 1.

50. UN Doc E/CN.4/RES/2005/83 (21 April 2005), Assistance to Somalia in the field of human rights, adopted without a vote, para. 1(a).

51. Ibid. para. 7(b).

52. UN Doc E/CN.4/RES/2005/85 (21 April 2005), Technical cooperation and advisory services in the Democratic Republic of the Congo, adopted without a vote.

53. UN Doc E/CN.4/2005/SR.61 (4 May 2005), Summary Record of the 61st meeting, para. 25.

54. UN Doc E/CN.4/RES/2005/75 (20 April 2005), Advisory services and technical assistance for Burundi, adopted without a vote, para. 24.

55. Ibid. para. 27.

56. UN Doc E/CN.4/RES/2005/76 (20 April 2005), Assistance to Sierra Leone in the field of human rights, adopted without a vote, para. 1(a).

57. Ibid. para. 1(b).

58. UN Doc E/CN.4/RES/2005/77 (20 April 2005), Technical cooperation and advisory services in Cambodia, adopted without a vote, preambular para. 3.

59. Ibid. para. 1.

60. Ibid. para. 4(a).

61. Ibid. para. 4(b).

62. Ibid. para. 5.

63. UN Doc E/CN.4/RES/2005/78 (20 April 2005), Technical cooperation and advisory services in Nepal, adopted without a vote, preambular para. 4.

64. Ibid. paras. 4, 5 and 6.

65. Ibid. para. 17.

66. UN Doc E/CN.4/2005/17 (22 April 2005) Situation of human rights in Liberia, adopted without a vote at the 62nd meeting.

67. UN Doc E/CN.4/2005/18 (22 April 2005) Technical cooperation and advisory services in the field of human rights in Chad, adopted without a vote at the 62nd meeting.

68. UN Doc E/CN.4/2005/119 (6 January 2005), Situation of human rights in Liberia, Report by the independent expert Charlotte Abaka.

69. UN Doc E/CN.4/2005/121 (27 January 2005), Situation of human rights in Chad, Report by the independent expert Monica Pinto.

70. UN Doc E/CN.4/RES/2003/77 (25 April 2003) Situation of human rights in Afghanistan, adopted without a vote at the 62nd meeting.

71. UN Doc OHCHR/STM/CHR/04/1 (21 April 2004) Technical cooperation in the field of human rights in Afghanistan.

72. UN Doc E/CN.4/2005/L.94/Rev.1 (21 April 2005), Question of detainees in the area of the United States naval base in Guantánamo, rejected by a roll call vote of 8 in favour and 22 against with 22 abstentions.

73. N. Ghanea and L. Rahmani, A Review of the 58th session of the Commission on Human Rights, International Journal of Human Rights, Vol.8, No.1 (2004); and N. Ghanea and L. Rahmani, A Review of the 59th session of the Commission on Human Rights, International Journal of Human Rights, Vol.9, No.1 (2005).

74. UN Doc E/CN.4/RES/2005/7 (14 April 2005), Israeli practices affecting the human rights of the Palestinian people in the occupied Palestinian territory, including East Jerusalem, adopted by a recorded vote of 29 in favour, 10 against, with 14 abstentions; main sponsor was the Libyan Arab Jamahiriya.

75. UN Doc E/CN.4/RES/2005/6 (14 April 2005), Israeli settlements in the occupied Palestinian territory, including East Jerusalem, and the occupied Syrian Golan, adopted by a recorded vote of 39 in favour, 2 against (Australia and the US), with 12 abstentions; main sponsor was the Libyan Arab Jamahiriya.

76. UN Doc E/CN.4/RES/2005/1 (7 April 2005), Situation in occupied Palestine, adopted by a recorded vote of 49 in favour, 1 against (US), with 2 abstentions; main sponsor was Libyan Arab Jamahiriya.

77. UN Doc E/CN.4/2005/L.3 (14 April 2005), Postponement of consideration of draft resolution, Human rights situation of the Lebanese detainees in Israel, decided without a vote.

78. Economic and Social Council resolution 1503 (XLVIII) of 27 May 1970.

79. UN Doc E/CN.4/2005/SR.30 (8April 2005), Summary Record of the 30th meeting, para. 1.

80. Even just a basic comparison between traditional first and second generation of rights immediately shows a constant tendency to adopt a great number of resolutions on civil and political rights by consensus and the majority of economic, social and cultural rights resolutions by a recorded vote.

81. Statement by Nicholas Howen, Secretary-General of the International Commission of Jurists, 22 April 2005, available at http://www.icj.org/news.php3?id_article = 3681&lang = en (accessed 20 June 2005).

82. UN Doc. E/CN.4/RES/2005/45 (19 April 2005), Human rights and arbitrary deprivation of nationality, adopted without a vote.

83. UN Doc. E/CN.4/RES/2005/66 (20 April 2005), Right to the truth, adopted without a vote.

84. UN Doc. E/CN.4/RES/2005/70 (20 April 2005), Human rights and transitional justice, adopted without a vote.

85. UN Doc. E/CN.4/RES/2005/37 (19 April 2005), Promoting the rights to peaceful assembly and association, adopted by a recorded vote of 45 in favour and none against, with 8 abstentions.

86. UN Doc. E/CN.4/RES/2005/69 (20 April 2005), Human rights and transnational corporations and other business enterprises, adopted by a recorded vote of 49 in favour and 3 against, with 1 abstention.

87. UN Doc. E/CN.4/RES/2005/45 (note 82), paras. 1–3.

88. UN Doc. E/CN.4/RES/2005/66 (note 83) paras. 1–2.

89. UN Doc. E/CN.4/RES/2005/70 (note 84) paras. 2–3.

90. UN Doc. E/CN.4/RES/2005/37 (note 85) para. 1.

91. These amendments were introduced by the Russian Federation and strongly supported by Cuba and China.

92. UN Doc. E/CN.4/2005/SR.57(19 April 2005), Summary Record of the 57th meeting, para. 6.

93. UN Doc. E/CN.4/RES/2005/69 (note 86) para. 1.

94. UN Doc. E/CN.4/2005/SR.59 (20 April 2005), Summary Record of the 59th meeting, para. 60.

95. In this specific case, Cuba abstained together with Bhutan, China, Eritrea, Qatar, Russian Federation, Saudi Arabia and Zimbabwe. UN Doc. E/CN.4/2005/SR.57 (note 92) para. 14.

96. UN Doc. E/CN.4/2005/15 (9 February 2005), Report of the High Commissioner for Human Rights on combating defamation of religions; UN Doc. E/CN.4/2005/16 (14 December 2004), Progress Report of the Office of the High Commissioner for Human Rights on the implementation of relevant recommendations of the second session of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action; UN Doc. E/CN.4/2005/17 (14 December 2004), Report of the High Commissioner for Human Rights on the possibility of the development of a racial equality index.

97. UN Doc. E/CN.4/2005/18 (13 December 2004), Report of Mr Doudou Diène, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and UN Doc. E/CN.4/2005/18/Add.1 (23 February 2005), Cases received and considered by the Special Rapporteur; UN Docs. E/CN.4/2005/18/Add.2 (11 March 2005), E/CN.4/2005/18/Add.3 (22 December 2004), E/CN.4/2005/18/Add.6 (4 March 2005), Reports of the Special Rapporteur's missions to Guatemala, Côte d'Ivoire and Nicaragua respectively; UN Doc. E/CN.4/2005/18/Add.4 (13 December 2004), Defamation of religions and global efforts to combat racism in terms of anti-Semitism, Christianophobia and Islamophobia.

98. UN Doc. E/CN.4/2005/21 (26 January 2005), Report of the Working Group of Experts on People of African Descent.

99. UN Doc. E/CN.4/2005/20 (14 December 2004), Report of the Intergovernmental working Group on the effective implementation of the Durban Declaration and Programme of Action.

100. Also referred to as the League of Arab States. For a list of members go to http://www.arableagueonline.org/arableague/english/level2_en.jsp?level_id = 11 (accessed 11 July 2005).

101. The Organization of the Islamic Conference (OIC) is an inter-governmental organisation grouping 56 states. For a list of members go to http://www.oic-oci.org/english/main/memebr-states.htm (accessed 11 July 2005).

102. UN Press releases of 21 March 2005.

103. UN Doc. E/CN.4/RES/2005/3 (12 April 2005), Combating defamation of religions as a means to promote human rights, social harmony and religious and cultural diversity, adopted by a recorded vote of 31 in favour, 16 against, with 5 abstentions.

104. Ibid. paras 1, 3 and 4.

105. UN Press release of 12 April 2005.

106. UN Doc. E/CN.4/RES/2005/40 (19 April 2005), Elimination of all forms of intolerance and of discrimination based on religion or belief, adopted without a vote.

107. Ibid. paras 2 and 4(a).

108. UN Doc.E/CN.4/2005/61 (20 December 2004), Report of the Special Rapporteur on freedom of religion or belief, Ms Asma Jahangir and UN Doc. E/CN.4/2006/61/Add.1 (15 March 2005), Communications to and from governments.

109. UN Doc. E/CN.4/RES/2005/64 (20 April 2005), The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action, adopted by a recorded vote of 38 in favour and 1 against, with 14 abstentions.

110. At their first meeting in 2003 the experts ‘recommended that the international community find ways of measuring existing racial inequalities, possibly through the development of a ‘Racial Equality Index’, similar to the Human Development Index developed and used by the United Nations Development Programme’ (UN Doc. E/CN.4/2004/112, paragraph 6 (f)). In her Report on the possibility of the development of a racial equality index the High Commissioner concludes that while a racial equality index seems to be a potentially important tool, its complexity requires serious consideration and it is necessary to establish its methodological soundness for the outcome of the exercise to be credible (UN Doc. E/CN.4/2005/17 (note 96) para. 12).

111. UN Doc. E/CN.4/RES/2005/64 (note 109) para. 29.

112. Ibid. para. 16.

113. Ibid. para. 36.

114. This is a procedural motion provided by Article 2 of Rule 65 of Rules of Procedure of the Functional Commissions of the Economic and Social Council of the United Nations according to which ‘A motion requiring that no decision be taken on a proposal shall have priority over that proposal’. The no-action motion has been proposed on numerous occasions by countries on draft resolutions in different functional commissions of the Economic and Social Council including the Commission on Human Rights, traditionally on country resolutions and more recently also on thematic issues.

115. UN Doc. E/CN.4/2005/SR.59 (note 94) paras. 4–7.

116. UN Doc. E/CN.4/RES/2005/5 (14 April 2005), Inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance, adopted by a recorded vote of 46 in favour and none against, with 4 abstentions

117. UN Doc. E/CN.4/2005/SR.49 (14 April 2005), Summary Record of the 49th meeting, para. 2.

118. In particular, the Islamic countries considered that ‘the issue was not a proper subject for consideration by the Commission. Notwithstanding the assertion to the contrary by the representative of Brazil, the draft resolution sought to establish new rights that were currently not in evidence in any body of law in the International Covenants and were in direct confrontation with the religions and laws of many countries’ (UN Doc. E/CN.4/2003/SR.61 (note 52) para. 60).

119. Andorra, Argentina, Austria, Belgium, Canada, Chile, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Iceland, Ireland, Luxembourg, Mexico, New Zealand, Netherlands, Norway, Portugal, Republic of Korea, Romania, Slovenia, Spain, Sweden, Switzerland, UK, Uruguay and Venezuela. It is interesting to note that some countries of the Western group did not align themselves with this statement.

120. See for example, among many others, the reports of the Special Rapporteur on extrajudicial, summary or arbitrary executions (UN Doc. E/CN.4/2005/7, para. 18 and UN Doc. E/CN.4/2003/3, paras. 66–67); of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health (UN Doc. E/CN.4/2004/49 paras. 38 and 54); of the Special Rapporteur on the question of torture (UN Doc. A/56/156, 2001, paras. 17–25); of the Special Rapporteur on violence against women, its causes and consequences (UN Doc. E/CN.4/2003/75/Add.2, para. 228).

121. See for example, among many others, the Concluding observations by the Human Rights Committee on Chile (UN Doc. CCPR/C/79/Add.104, 1999, para. 20); by the Committee against Torture on Egypt (UN Doc. CAT/C/CR/29/4, 2002, para. 5(e)); by the Committee on the Elimination of Discrimination against Women on Sweden (UN Doc. A/56/38, 2001, para. 334); as well as the Committee on Economic, Social and Cultural Rights' General Comment 14 on the right to the highest attainable standard of health (UN Doc. E/C.12/2000/4, para. 18) and General Comment 15 on the right to water (UN Doc. E/C.12/2002/11, para. 13).

122. Statement by Ambassador Tim Caughley, New Zealand Ambassador, available at http://www.ilga.org/news_results.asp?LanguageID = 1&FileID = 533&FileCategory = 61&ZoneID = 7 (accessed 9 June 2005).

123. UN Doc. E/CN.4/RES/2005/34 (19 April 2005), Extra-judicial, Summary and Arbitrary Executions, adopted by a recorded vote of 36 in favour, none against, with 17 abstentions.

124. Ibid. para. 5: ‘Reaffirms the obligation of States to protect the inherent right to life of all persons under their jurisdiction and calls upon States concerned to investigate promptly and thoroughly all cases of killings, including those committed in the name of passion or in the name of honour, all killings committed for any discriminatory reason, including sexual orientation; racially motivated violence leading to the death of the victim; killings of members of national, ethnic, religious or linguistic minorities, of refugees, of internally displaced persons, of street children, of members of indigenous communities or of migrants; killings of persons for reasons related to their activities as human rights defenders, lawyers, doctors, journalists or as demonstrators, in particular as a consequence of their exercise of the right to freedom of opinion and expression; as well as other cases where a person's right to life has been violated, all of which are being committed in various parts of the world, and to bring those responsible to justice before a competent, independent and impartial national tribunal or, where appropriate, international tribunal, and to ensure that such killings, including those committed by security forces, police and law enforcement agents, paramilitary groups or private forces, are neither condoned nor sanctioned by government officials or personnel’.

125. Ethiopia, India, Nepal and USA changed from support to opposition; Togo and Nigeria changed from abstention to opposition; Bhutan and Honduras changed from support to abstention; Paraguay and Swaziland changed from abstention to support.

126. UN Press release of 19 April 2005.

127. Ibid.

128. UN Doc. E/CN.4/RES/2005/41 (19 April 2005), Elimination of violence against women, adopted without a vote.

129. UN Doc. E/CN.4/RES/2005/84 (21 April 2005), Protection of human rights in the context of HIV/AIDS, adopted without a vote.

130. UN Doc. E/CN.4/1997/37, annex I.

131. UN Doc. E/CN.4/2005/SR.58 (20 April 2005), Summary Record of the 58th meeting, para. 5.

132. UN Doc. E/CN.4/2005/SR.61 (note 52) para. 14.

133. Ibid. para. 13.

134. UN Doc. E/CN.4/2005/SR.58 (note 131) para. 6.

135. UN Doc. E/CN.4/RES/2005/41 (note 128) operative paragraph 11; UN Doc. E/CN.4/RES/2005/84 (note 129) preambular paragraphs 11 and 17 and operative paragraphs 1 and 14.

136. This year the Annual Report of the Special Rapporteur on violence against women, its causes and consequences, Ms Yakin Ertürk, was totally dedicated to the Intersections of violence against women and HIV/AIDS (UN Doc. E/CN.4/2005/72).

137. UN Doc. E/CN.4/RES/2005/41 (note 128) para. 11.

138. UN Doc. E/CN.4/RES/2005/24 (15 April 2005), The right of everyone to the enjoyment of the highest attainable standard of physical and mental health, adopted by a recorded vote of 52 in favour and 1 against.

139. UN Doc. E/CN.4/RES/2005/41 (note 128) para. 5.

140. UN Doc. E/CN.4/2005/SR.57 (note 92) para. 44.

141. Ibid. para. 45.

142. UN press releases of 29 and 30 March 2005.

143. UN Doc. E/CN.4/RES/2005/22 (15 April 2005), Question of the realization in all countries of economic, social and cultural rights, adopted by a recorded vote of 50 votes to none, with 3 abstentions.

144. Statement by Ms Louise Arbour, High Commissioner for Human Rights, to the Open-Ended Working Group established by the Commission on Human Rights to consider options regarding the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights, 14 January 2005, available at http://www.unhchr.ch/huricane/huricane.nsf/view01/ECAE2629449C1EBCC1256F8C0035047D?opendocument (accessed 17 June 2005).

145. UN doc. E/CN.4/2005/SR.51 (15 April 2005), Summary Record of the 51st meeting, para. 8.

146. Ibid. para. 9.

147. Suffice it to recall, for example, that Canada who has always been reticent with regard to such an idea this year has voted in favour of the resolution. Another indication of positive change is that Qatar has moved from abstention to support.

148. UN Doc. E/CN.4/2005/18 (14 April 2005), The right to food, adopted by a recorded vote of 52 in favour and 1 against.

149. UN Doc. E/CN.4/2005/51 (11 February 2005), Report of the Special Rapporteur on the right to the highest attainable standard of physical and mental health, Mr Paul Hunt.

150. UN Doc. E/CN.4/2005/47 (24 January 2005), Report of the Special Rapporteur on the right to food, Mr Jean Ziegler.

151. For the resolution on the right to food see UN Doc. E/CN.4/2005/SR.50 (note 31) paras. 94–95; for the resolution on the right to health see UN Doc. E/CN.4/2005/SR.51 (note 145) paras. 28–29.

152. UN Doc. E/CN.4/RES/2005/23 (15 April 2005), Access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria, adopted without a vote.

153. The result of the vote was 1 in favour, 51 against with 1 abstention (Japan). See UN Doc. E/CN.4/2005/SR.51 (note 145) paras. 16–22.

154. UN Doc. E/CN.4/DEC/2005/109 (19 April 2005), Discrimination based on work and descent, adopted without a vote.

155. UN Doc. E/CN.4/RES/2005/79 (21 April 2005), Rights of persons belonging to national or ethnic, religious and linguistic minorities, adopted without a vote.

156. UN Doc. E/CN.4/2005/81 (1 March 2005), Report of the High Commissioner on the rights of persons belonging to national or ethnic, religious and linguistic minorities, para. 25.

157. UN Doc. E/CN.4/RES/2005/79 (note 155) para. 6.

158. Ibid. paras. 9 and 14.

159. UN Doc. E/CN.4/2005/103 (7 February 2005), Report of the Independent Expert on the question of the protection of human rights and fundamental freedoms while countering terrorism, para. 91.

160. UN Doc. E/CN.4/RES/2005/80 (21 April 2005), Protection of human rights and fundamental freedoms while countering terrorism, adopted without a vote.

161. Ibid. para. 14.

162. UN Doc. E/CN.4/RES/2005/35 (19 April 2005), Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law, adopted by a recorded vote of 40 in favour and none against, with 13 abstentions.

163. UN Press release of 19 April 2005.