Office of the United Nations High Commissioner for Human Rights Abolishing Slavery and its Contemporary Forms
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43 “drawing the attention of the international community to the cases of massive and flagrant violation of human rights which should be considered as crimes against humanity and which have, to date, benefited from impunity, in spite of the tragic suffering which slavery, colonial- ism and wars of conquest have inflicted . . .” and recognizing that “the historic responsibility of the relevant powers towards the peoples whom they colonize or reduce to slavery should be the subject of solemn and formal recog- nition and reparation.” 245 145. On 15 August 2001, the Sub-Commission passed another resolution requesting that the WCAR focus on several items, including: “The link between contemporary forms of slavery and racial and other discrimination based on descent; The impact of massive and flagrant violations of human rights which constitute crimes against humanity and which took place during the period of slavery, colonialism and wars of conquest; 242 See, for example, International Covenant on Civil and Political Rights, supra note 27, art. 2(3); International Covenant on Economic, Social and Cultural Rights, supra note 77; Convention against Torture and Other Cruel, Inhu- man or Degrading Treatment or Punishment, General Assembly resolution 39/46 of 10 December 1984, annex, entered into force on 26 June 1987, arts. 14, 22; Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others, supra note 83, arts. 16, 19, 20, 96; International Convention on the Elimination of All Forms of Racial Discrimination, United Nations Treaty Series, vol. 660, p. 195, entered into force on 4 January 1969, arts. 6, 11; Convention on the Elimination of All Forms of Discrimination against Women, supra note 144; Convention on the Rights of the Child, supra note 156, art. 39; United Nations Convention against Transnational Organized Crime, supra note 101, arts. 14(2), 25; Trafficking Protocol supra note 28, para. 78; Migrant Smuggling Protocol supra note 74, paras. 57, 59; Rome Statute of the International Criminal Court, supra note 23, art. 75; International Convention on the Pro- tection of the Rights of All Migrant Workers and Members of Their Families, General Assembly resolution 45/158 of 18 December 1990, annex, art. 83; Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, supra note 228, arts. 6, 7; Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, supra note 149, arts. 8, 9; Draft Declaration on the Rights of Indigenous Peoples (E/CN.4/Sub.2/1994/2/Add.1), arts. 7, 10, 27, 39, 72; Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, General Assembly resolution 40/34 of 29 November 1985, annex, paras. 4, 5, 7, 8-17, 19, 21; Declaration on the Protection of All Persons from Enforced Disappearances, General As- sembly resolution 47/133 of 18 December 1992, arts. 5, 19; Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, General Assembly resolution 3452 (XXX) of 9 December 1975, annex, art. 11; American Convention on Human Rights, O.A.S. Treaty Series No. 36, United Nations Treaty Series, vol. 1144, p. 123, entered into force on 18 July 1978, OEA/Ser.L.V/II.82 doc.6 rev.1 (1992), p. 25, arts. 2, 10, 25, 63; African Charter on Human and Peoples’ Rights, OAU Doc. CAB/LEG/67/3 rev. 5, International Legal Materials, vol. 21, p. 58 (1982), entered into force on 21 October 1986, arts. 1, 7; [European] Convention for the Protection of Human Rights and Fundamental Freedoms, United Nations Treaty Series, vol. 213, p. 222, entered into force on 3 September 1953, as amended by Protocols Nos. 3, 5, 8, 11 which entered into force on 21 September 1970, 20 December 1971, 1 January 1990 and 1 November 1998 respectively, art. 13. 243 See, for example, United Nations document E/CN.4/RES/1999/33, Right to restitution, compensation and re- habilitation for victims; United Nations document E/CN.4/RES/1999/40, Trafficking of women and girls; United Nations document E/CN.4/Sub.2/RES/1999/16, Systematic rape, sexual slavery, and slavery-like practices. See also similar lan- guage in United Nations document E/CN.4/2000/44, Traffic in women and girls. 244 See, for example, United Nations document E/CN.4/Sub.2/RES/2000/3, para. 17. 245 United Nations Sub-Commission on the Promotion and Protection of Human Rights resolution 2000/1, United Nations document E/CN.4/Sub.2/2001/L.1. The resolution further stated: “Considering that the solemn and formal recognition of this historic responsibility towards the peoples concerned should include a concrete and material aspect such as rehabilitation of the dignity of the peoples affected, active coop- eration in development not limited to existing measures of development assistance, debt cancellation, implementation of the “Tobin tax”, technology transfers for the benefit of the peoples concerned and progressive restoration of cultural objects accompanied by the means to ensure their effective protection, . . . Considering that it is essential that the implementation of reparations should effectively benefit peoples, notably their most disadvantaged groups, with special attention being paid to the realization of their economic, social and cultural rights, Convinced that such recognition and reparation will constitute the beginning of a process that will foster the in- stitution of an indispensable dialogue between peoples whom history has put in conflict for the achievement of a world of understanding, tolerance and peace, Requests all countries concerned to take initiatives which would assist, notably through debate on the basis of accurate information, in the raising of public awareness of the disastrous consequences of periods of slavery and colo- nialism.” |
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