DEATH PENALTY
1. COMMISSION
ON HUMAN RIGHTS APPROVES MEASURES ON ABOLITION OF DEATH PENALTY
UN 7 April 1997 - Following lengthy debate and a series of rejected amendments,
the Commission adopted a resolution calling upon all States parties to the International
Covenant on Civil and Political Rights that had not yet done so to consider
acceding to the Covenant's Second Optional Protocol, aiming at abolition of
the death penalty; urged all States still maintaining the death penally to comply
fully with international standards in imposing capital punishment; called upon
such States to restrict progressively the number of offenses for which it could
be imposed; and called upon them to consider suspending executions with a view
to completely abolishing the death penalty. The measure was passed by a roll-call
vote of 27 in favour and 11 opposed, with 14 abstaining.
7 April 1997 Press Release HR/CN/789 COMMISSION ON HUMAN RIGHTS APPROVES
Following lengthy debate and a series of rejected amendments, the Commission adopted a resolution calling upon all States parties to the International Covenant on Civil and Political Rights that had not yet done so to consider acceding to the Covenant's Second Optional Protocol, aiming at abolition of the death penalty; urged all States still maintaining the death penally to comply fully with international standards in imposing capital punishment; called upon such States to restrict progressively the number of offenses for which it could be imposed; and called upon them to consider suspending executions with a view to completely abolishing the death penalty.
In a resolution passed by a roll call vote with 27 countries in favour, 11 countries against and 14 countries abstaining, on the question of the death penalty (document E/CN.4/1997/L.20), the Commission called upon all States parties to the International Covenant on Civil and Political Rights that had not yet done so to consider acceding to the Covenant's Second Optional Protocol, aiming at abolition of the death penalty; urged all States still maintaining the death penally to comply fully with their obligations under the Covenant and the Convention on the Rights of the Child, notably not to impose the death penalty for any but the most serious crimes, not to impose it for crimes committed by persons below age 18, to exclude pregnant women from - 4 - Press Release HR/CN/789 7 April 1997 capital punishment and to ensure the right to seek pardon or commutation of sentence; called upon all States still maintaining the death penalty to observe 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; called upon all States that had not yet abolished the penalty to restrict progressively the number of offenses for which it could be imposed; and called upon all such States to consider suspending executions with a view to completely abolishing the death penalty. Voting on the resolution above was preceded by a vote on a draft that would have amended it (document E/CN.4/1997/L.35). That draft was rejected following a paragraph-by-paragraph vote.
The following countries voted in favour: Angola, Argentina, Austria, Belarus, Brazil, Bulgaria, Canada, Cape Verde, Chile, Colombia, Czech Republic, Denmark, Ecuador, France, Germany, Ireland, Italy, Mexico, Mozambique, Nepal, Netherlands, Nicaragua, Russian Federation, South Africa, Ukraine, Uruguay.
The following countries voted against: Algeria, Bangladesh, Bhutan, China, Egypt, Indonesia, Japan, Malaysia, Pakistan, Republic of Korea, United States.
The following countries abstained: Benin, Cuba, El Salvador, Ethiopia, Gabon, Guinea, India, Madagascar, Philippines, Sri Lanka, Uganda, United Kingdom, Zaire, Zimbabwe.
HISHAMMUDDIN TUN HUSSEIN (Malaysia) said his delegation would vote against the Italian draft resolution L.20. The issue was not whether one agreed or disagreed with the death penalty, but whether a government had the right to set its own laws. The death penalty was not a human rights issue unless the rules governing it were seriously violated. There was no universal covenant that said the death penalty was against the law. It was also improper to introduce a resolution in front of the Commission that had already been rejected by the General Assembly. In a measure passed by consensus on effective implementation of international instruments on human rights, including reporting obligations under international instruments on human rights (E/CN.4/1997/L.17), the Commission decided to welcome various reports on the subject; invited the Secretary-General to solicit the views of United Nations bodies, Governments, specialized agencies, intergovernmental and non-governmental organizations and interested persons on the report of the independent expert on enhancing the long-term effectiveness of the United Nations human rights treaty system; and decided to consider at its fifty-fourth session all reports relevant to this subject. -