South Africa and that freedom of association is the best guarantee of all other human rights.

A resolution concerning the Implementation of the Program for the Decade for Action to Combat Racism and Racial Discrimination was adopted by the Commission on February 25 by a vote of 34 to 0, with 8 abstentions. Since 1975, the United States has not participated in the Program, because in that year the General Assembly adopted resolution 3379 (XXX) which equated Zionism with racism. Since the United States does not agree with this equation, the U.S. Delegation did not participate in the vote. (Resolution 1982/11.) The Program for the Decade also appeared as an agenda item of the 1st regular session of the 1982 ECOSOC. ECOSOC adopted, on May 5 by a vote of 31 to 11 (U.S.), with 4 abstentions, a resolution which recommended to the General Assembly the adoption of a resolution that vigorously condemned "collaboration of certain Western countries

.with the racist regime of South Africa," requested that the Security Council impose "full mandatory sanctions against South Africa," supported armed struggle in combating apartheid and racial discrimination, called upon all governments to take measures against entities under their jurisdiction who do business in South Africa to put an end to their activities, and decided to consider at the 38th General Assembly an item entitled "Implementation of the Program for the Decade to Combat Racism and Racial Discrimination." (Resolution 1982/31.)

A related matter concerned the Second World Conference to Combat Racism and Racial Discrimination. While reviewing and assessing the activities of the Decade, the main purpose of the Conference was determined to be the formulation of measures for the implementation of UN resolutions to combat racism and racial discrimination. ECOSOC adopted on May 5 a resolution on the Second World Conference by a vote of 38 to 1 (U.S.), with 12 abstentions. The resolution recommended that the General Assembly set the Philippines as the site for the Conference and agree to defray half of the additional cost of holding the Conference there. (Resolution 1982/32.)

The United States departed from its policy of non-participation in debates or votes relating to the Decade, a policy initiated in reaction to the Assembly's adoption in 1975 of the resolution equating Zionism with racism, by voting against these resolutions. The negative vote was intended to demonstrate its opposition to the financial implications of the resolutions.

In voting against resolution 1982/32, the United States emphasized the importance of General Assembly resolution 2609 (XXIV) which requires that any government which hosts a UN meeting away from UN Headquarters must independently pay all additional costs incurred by the session. In view of increasing demands placed

on available UN funds, the United States opposed deviations from the rule set by resolution 2609 (XXIV).

The question of providing additional funds to the Philippines, to help defray costs of the Conference, was raised again in the 37th General Assembly. On the strength of a decision of the Fifth Committee, the Assembly decided to delete from the draft resolution it was considering the authorization of additional funds to cover the cost of holding the Conference in the Philippines. The Assembly made its decision based on Assembly resolution 2609 (XXIV) which provided no exception to its rule concerning sessions held at a location away from the UN Headquarters.

The draft resolution on Implementation of the Program for the Decade for Action to Combat Racism and Racial Discrimination before the General Assembly was approved in the Third Committee on October 27 by a vote of 113 to 19 (U.S.), with 5 abstentions, and in plenary on December 3 by a vote of 122 to 19 (U.S.), with 5 abstentions. (Resolution 37/40.) The United States voted against this resolution because of its financial implications, as it did in ECOSOC. A resolution on the Second World Conference to Combat Racism and Racial Discrimination was approved in the Third Committee on November 2 by a vote of 124 to 2 (U.S.), with 0 abstentions, and without a vote in plenary on December 3. (Resolution 37/41.) The United States returned to its practice of not participating in the votes related to the Decade since the operative paragraph on objectional financial implications had been deleted.

The subject of "adverse consequences" of assistance given to regimes in South Africa was considered at the 37th General Assembly. A resolution was adopted by a vote of 121 to 10 (U.S.), with 14 abstentions, having first been approved in the Third Committee by a vote of 113 to 10 (U.S.), with 15 abstentions. (Resolution 37/39.) Since 1979 the United States had opposed the passage by the Commission on Human Rights of a resolution equating assistance to South Africa with "collaboration" in undermining human rights in the country. Since resolution 37/39 called for ending all types of assistance in South Africa, and called on governments of countries where certain banks, transnational, and other corporations were based to put a stop to their activities. The United States voted against it, as it has done consistently, in opposition to provisions supporting sanctions against South Africa and citing U.S. companies doing business with South Africa.

Three additional resolutions were adopted at the 37th General Assembly relating to the issue of racism and racial discrimination. A resolution concerning general recommendation VI of the Report of the Committee on the Elimination of Racial Discrimination, concerning the obligation of states parties to the International Convention on Elimination of Racial Discrimination to submit periodic reports,

was adopted without a vote in the Assembly and Third Committee. (Resolution 37/44.) A related resolution concerning the status of the Convention was adopted without a vote both in the Third Committee and in plenary. (Resolution 37/45.)

The United States joined in consensus adoption of resolution 37/45 which dealt with the ratification of the International Convention on the Elimination of All Forms of Racial Discrimination and of resolution 37/44 concerning the reporting obligations under the Convention. Mr. Gershman explained that the United States joined in the consensus on resolution 37/45 (notwithstanding the reference in operative paragraph three to the Decade for Action) since the reference addressed the objectives set forth in 1973 by the General Assembly in resolution 3057 (XXVIII). This resolution, adopted 2 years before resolution 3379 (XXX) which called Zionism a form of racism, continues to receive the support of the United States. The United States voted against another draft resolution introduced by Yugoslavia on the Report of the Committee on the Elimination of Racial Discrimination. That draft resolution strongly condemned the policy of apartheid in South Africa and Namibia, urged all members to adopt effective measures to secure the elimination of apartheid, called for economic sanctions against South Africa, and requested that the Committee continue its work. The United States supported the resolution's strong condemnation of apartheid, but opposed language that called for the enforcement of mandatory ecomonic and political sanctions against South Africa. Mr. Gershman, speaking for the United States in the Third Committee on October 27, stated that "the decision to impose sanctions lies within the exclusive competence of the Security Council." In further clarifying U.S. opposition to the several resolutions dealing with the apartheid policies of South Africa, Mr. Gershman explained that the United States favored a policy of positive support for the process of reform that is underway in South Africa.

The resolution was adopted by a vote of 123 to 2 (U.S.), with 13 abstentions in the Third Committee on October 27 and by a vote of 131 to 2 (U.S.), with 15 abstentions in plenary on December 3. (Resolution 37/46.)

A resolution dealing with the status of the International Convention on the Suppression and Punishment of the Crime of Apartheid was adopted in the Third Committee on October 27 by a vote of 112 to 1 (U.S.), with 22 abstentions and in plenary by a vote of 124 to 1 (U.S.), with 22 abstentions on December 3. (Resolution 37/47.)

Human Rights in the Occupied Territories of the
Middle East

The issue of human rights in the Middle East has been considered in the Commission on Human Rights each year since 1968. At the

38th session of the Commission on Human Rights, the Commission adopted (as in previous years) a two-part resolution on the question of the violation of human rights in the occupied territories, including Palestine. The resolution was sponsored primarily by the Arab members of the Commission.

Part A of the resolution strongly condemned Israeli policies, practices, and administrative and legislative measures in the occupied territories; requested the Secretary General to give the widest possible publicity to the resolution; and called for a seminar on "Violations of human rights in the Palestinian and other Arab territories occupied by Israel." This seminar was to be held at the UN Office in Geneva. Part A requested the Secretary General to make the appropriate arrangements for the organization of this seminar, and to report to the Commission at its 39th session. Part A of the resolution was adopted on February 11 by a vote of 32 to 3 (U.S.), with 7 abstentions.

Part B of the resolution primarily condemned Israel for refusing to apply the Geneva Convention Relative to the Protection of Civilian Persons in Time of War to the occupied territories. Part B of the resolution was adopted on February 11 by a vote of 41 to 1 (U.S.), with 0 abstentions.

In explanation of the U.S. negative vote on February 12, the U.S. Representative, Harvey Feldman, indicated that the United States sought "moderation, reason, accommodation, negotiation, and peace" concerning the Middle East. Ambassador Feldman indicated that although the United States did not approve of the recent Israeli action with respect to the Golan Heights, it believed that the boundaries between Israel and its neighbors must be established upon "safe and recognized lines, by mutual negotiation, and in no other way."

Although the United States continued to maintain that the Geneva Convention Relative to the Protection of Civilian Persons in Time of War was legally applicable to the occupied territories, it voted against Part B of the resolution chiefly because, while condemning Israeli's failure to acknowledge the applicability of the Convention to the occupied territories, it failed to acknowledge Security Council resolution 242 (1967). Ambassador Feldman pointed out that the failure to mention resolution 242 (which the United States considered an essential basis for peace in the Middle East) constituted a "serious fault" of Part B of the resolution, making it unacceptable to the United States. Ambassador Feldman also reiterated U.S. reservations concerning its use of the phrase "Palestinian and other Arab territories occupied since 1967, including Jerusalem" to describe that area occupied by Israel after the 1967 war. The resolution was adopted as a whole on February 11 by a vote of 32 to 1 (U.S.), with 9 abstentions. (Resolution 1982/1.)

The Commission on Human Rights also adopted a resolution, again principally sponsored by the Arab members of the Commission, on the question of the violation of human rights in the occupied Arab territories, including Palestine. This resolution condemned Israel for annexing the Syrian Golan Heights territory; declared Israeli policies and practices in the occupied territories as null and void; and called upon states to apply measures against Israel to stop it from imposing its laws, jurisdiction, and administration upon the occupied territories. In his speech on February 12, Ambassador Feldman indicated that the United States voted against this resolution because it considered that the issue of Israeli action concerning the Golan Heights had been properly dealt with in the Security Council, adding that "the Council's action represents the consensus of the international community." The resolution was adopted on February 11 by a vote of 22 to 11 (U.S.), with 7 abstentions. (Resolution 1982/2.) At the 37th General Assembly session, the situation in the Middle East was again debated in the Special Political Committee, which is discussed in Part 1 of this report (see p. 33).

Human Rights in Chile

The question of continuing the mandate of the Special Rapporteur on the Human Rights Situation in Chile remained central to the debates on Chile during the 38th session of the Commission on Human Rights and the 37th session of the General Assembly. It served to underscore the U.S. contention that international criteria for dealing with Chile reflected a double standard toward Latin America rarely found elsewhere. The Commission adopted by a vote of 28 to 6 (U.S.), with 8 abstentions, a resolution sponsored by Algeria, Cuba, Denmark, France, Greece, Mexico, Netherlands, and Yugoslavia that was critical of the Chilean Government on several grounds, including its refusal to cooperate with the Special Rapporteur and complaints against it of severe human rights violations. The resolution, like that of the previous year, urged the Chilean Government to take specific steps to deal with problems relating to civil and political liberties in that country. (Resolution 1982/25.) The Commission rejected by a vote of 13 (U.S.) to 22, with 7 abstentions, a Uruguayan amendment to move consideration of the human rights situation in Chile from the status of a separate agenda item to the more general item on consideration of human rights violations in any part of the world.

The United States regretted that the record for 1981 failed to show any substantial improvement of the human rights situation in Chile over that for 1980. There continued to be reports of abuses, in some cases serious. The United States condemned them in Chile, as it did in many other places in the world where they occurred. Neverthe