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DEVELOPMENT OF MEASURES TO PREVENT AND INTERVENE
AGAINST GENOCIDE THROUGH INTERNATIONAL CO-OPERATION WITHIN THE
FRAMEWORK OF COMPETENT INTERNATIONAL BODIES SUCH AS THE UNITED
NATIONS
Resolution adopted without a vote
by the 86th Inter-Parliamentary Conference
(Santiago, 12 October 1991)
The 86th Inter-Parliamentary Conference,
Recalling that under the Charter of the United Nations,
Member States have pledged themselves to take joint or separate
action, in co-operation with the United Nations, for the achievement
and promotion of universal respect for and observance of human
rights and fundamental freedoms,
Reaffirming the principle laid down in the Universal Declaration
of Human Rights, that recognition of the inherent dignity and
of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world,
Recalling United Nations General Assembly resolution 260 (III)
adopted on 9 December 1948, which approved the Convention
on the Prevention and Punishment of the Crime of Genocide and
urged all countries to accede to the Convention,
Reaffirming that international humanitarian law obligates
belligerents to offer protection to captured and sick combatants
and civilians, who are entitled to respect for their life and
their moral and physical integrity as provided for in the four
Geneva Conventions of 1949 and their two Additional Protocols,
Noting with satisfaction that the Genocide Convention of
1948 as well as the four Geneva Conventions of 1949 have gained
virtually universal acceptance,
Recognizing that genocide constitutes a crime against humanity
under international law and a grave threat to international peace
and security, and that persons committing genocide must be punished,
whether they are constitutionally responsible rulers, public officials
or private individuals, and noting the conclusions and
recommendations of studies on the question of the prevention and
punishment of the crime of genocide, conducted under the auspices
of the United Nations Sub-Commission on Prevention of Discrimination
and Protection of Minorities, calling for the urgent adoption
of additional and more substantive measures against perpetrators
of genocide,
Mindful that despite all undertakings, the twentieth century
is replete with instances of genocide committed by States, constitutionally
responsible rulers and public officials,
Gravely concerned that existing tensions and conflicts
involving national, ethnic, racial, religious or cultural groups
may constitute or give rise to the crime of genocide,
Recalling that the annexation of territories, forced displacement
of populations, racial discrimination and apartheid may lead to
genocide,
Concerned that existing measures are underutilized by the
competent international organizations and are inadequate to effectively
prevent or intervene against genocide,
Conscious that the absence of adequate enforcement mechanisms
constitutes a failure by the international community to implement
the principles and standards laid down in the Charter of the United
Nations and in international human rights instruments,
Noting that, as a consequence, the crime of genocide has
been punished only very rarely since the adoption of the Convention
on the Prevention and Punishment of the Crime of Genocide,
Convinced that Parliaments can play an important role in
the consolidation and expansion of measures to prevent genocide
and of co-operation to free the world from this scourge,
Emphasizing the duty of the United Nations Security Council
to take collective action with respect to acts of genocide and
aggression, which constitute crimes against humanity and breaches
of the peace, in order to prevent resort to unilateral intervention
and violation of the political independence and territorial integrity
of States,
Reiterating the importance of preventive measures, such
as the establishment and support of impartial and authoritative
human rights bodies, which can call the attention of the international
community to situations likely to lead to genocide actions,
Pointing out that the crime of genocide cannot be prevented
without extensive international co-operation between bodies and
organizations working in the field of human rights,
- Vigorously condemns the crime of genocide, and recalls
that it constitutes a crime under international law, whether committed
in time of peace or of war;
- Emphasizes that the elimination of the crime of genocide
requires all countries to adopt open political systems based on
respect for human rights and fundamental freedoms;
- Urges States that have not yet done so to accede to
or ratify the Convention;
- Expresses its conviction that, in order to eliminate
genocide, it is essential that all countries implement the Convention
on the Prevention and Punishment of the Crime of Genocide;
- Calls on the United Nations to take all appropriate
measures, in particular the establishment of an international
early warning system, to prevent genocide and intervene in any
situation likely to lead to genocide;
- Emphasizes that the principle of non-interference in
matters which are essentially within the jurisdiction of States
must not prevent the United Nations from taking measures to ensure
respect for fundamental human rights principles and the prevention
and punishment of the crime of genocide;
- Recommends that, to prevent any violation of the territorial
integrity and political independence of States and to avoid the
need to resort to unilateral humanitarian intervention by armed
force because of the absence of other effective measures, the
Security Council give serious consideration to the possibility
of using United Nations peace-keeping forces, in conformity with
the Charter, to prevent or intervene against massive and flagrant
violations of human rights and fundamental freedoms, in particular
the annexation of territories and forced displacements of populations,
which are likely to lead to, or which constitute genocide and
which threaten international peace and security;
- Calls on the United Nations Commission on Human Rights
to appoint a Special Rapporteur on Genocide to report annually
- in his/her capacity as an independent expert - on progress made
in the prevention and punishment of the crime of genocide;
- Urges that the Convention on the Prevention and Punishment
of the Crime of Genocide be amended to include cultural genocide,
namely, all measures aimed at the extermination of the languages
or dialects and cultures of any minority or people;
- Also urges Member States parties to the Convention
on the Prevention and Punishment of the Crime of Genocide to set
up the international penal tribunal contemplated in Article VI
in order to try and punish perpetrators of acts of genocide; such
a tribunal should have compulsory jurisdiction over all offenses
if domestic remedies are exhausted or substantially ineffective;
- Further urges Member States parties to the Convention
on the Prevention and Punishment of the Crime of Genocide to request,
in the spirit of Article VIII, the establishment of a committee
on genocide whose function would be to receive petitions and to
carry out investigations in connection with allegations of genocide,
to seize the international tribunal and to take urgent steps to
end genocide wherever it might be committed;
- Calls for effective measures to be taken to protect
the rights of minorities in all States, in keeping with the spirit
of the work of the Commission on Human Rights on the Declaration
of the Rights of Persons belonging to National, Ethnic, Religious
or Linguistic Minorities;
- Also calls for the co-ordination of efforts to establish
or re-establish the legitimate rights of all oppressed peoples
of the world and for an end to all repressive practices to which
they are subjected;
- Reiterates that all sovereign States, pursuant to their
Constitutions, should enact the necessary legislation for the
implementation of the provisions of the Convention on the Prevention
and Punishment of the Crime of Genocide;
- Stresses the need for the prompt completion of the
draft international code of offenses against the peace and security
of mankind;
- Calls on all Inter-Parliamentary Groups to bring the
proposed measures to the attention of their respective Governments
and to exchange information and experience concerning measures
taken to facilitate international co-operation in that sphere;
- Requests the Secretary General of the Inter-Parliamentary
Union to transmit this resolution to the Secretary-General of
the United Nations and to discuss with him the possibility of
organizing international co-operation within the framework of
the United Nations and other competent international bodies to
develop these and other measures to prevent and intervene against
the crime of genocide;
- Also requests the Secretary General of the Inter-Parliamentary
Union to report to the Inter-Parliamentary Council on his consultations
with the Secretary-General of the United Nations at the next Inter-Parliamentary
Conference.
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