hospitals, . . . .but we must again stress a very unique violation which, according to the World Psychiatric Associations, occurs primarily in the Soviet Union. That is the commitment to mental hospitals of perfectly sane persons as punishment for peaceful dissent, and the exercise of torture on the persons so committed." In view of the Subcommission's delay in concluding a final draft report, the 37th General Assembly approved without a vote both in the Third Committee on December 7 and in plenary on December 18 a United Kingdom draft resolution noting that the Commission would not be in a position to submit a report to the General Assembly at its 38th session. The resolution reaffirmed that "detention of persons in mental institutions on account of their political views or on other non-medical grounds is a violation of their human rights," and urged the Commission and the Subcommission to continue and to expedite their consideration of this question with a view to submitting their recommendations to the 39th General Assembly. (Resolution 37/188.)

The Commission also considered under the broad question of science and technology several other resolutions which the United States considered beyond the scope of the Commission's work. One such resolution introduced by the Soviet Union and cosponsored by Algeria, Bulgaria, Cuba, Ethiopia, India, Poland, and Syria dealt with the question of disarmament. It called upon states "to ensure that the results of science and technological progress are used in the interests of international peace," and requested the Subcommission to carry out a study on the negative consequences of the arms race, particularly the nuclear arms race, for consideration by the Commission at its 40th session. The resolution was approved on February 19 by a vote of 32 to 0, with 11 (U.S.) abstentions. (Resolution 1982/7.) In his explanation of vote on February 22, Mr. Schifter assured the Commission of the U.S. belief in peace and arms control to promote peace. He added, however, that "disarmament is not the task of this Commission." Mr. Schifter suggested that "the introduction of that issue in this forum does not advance the cause of peace and disarmament one iota, and, at the same time, detracts from this Commission's ability to deal with problems which are properly within its competence."

The Commission also considered under the subject of science and technology a draft resolution condemning the Israeli attack on an Iraqi nuclear installation in June 1981. The draft resolution condemned Israel "for its premeditated and unprecedented act of aggression which constitutes a dangerous escalation of Israeli violations of the inalienable human rights and the sovereign rights of states to scientific and technological development." It also called upon "all states to cease forthwith any moral, material, or human assistance which enables Israel to pursue its policies of aggression,

expansion, and violation of the human rights of others." The Commission adopted the resolution on February 19 by a vote of 30 to 1 (U.S.), with 11 abstentions. (Resolution 1982/5.)

In his explanation of vote on February 22, Mr. Schifter pointed out that the Israeli attack on the reactor near Baghdad had been fully considered by the Security Council in 1981. Action by the Commission was as unnecessary as it was inappropriate. Furthermore, Mr. Schifter pointed out, calls for sanctions were totally beyond the Commission's authority.

Finally, the Commission considered a draft resolution relating international peace to the use of science and technology. The draft resolution asserted a major significance for the Declaration on the Use of Science and Technological Progress in the Interests of Peace and for the Benefit of Mankind, an instrument that is not acceptable to the United States. It expressed concern that the results of scientific and technological progress might be used to spur an arms race and expressed hope that science and technology would make a vital economic contribution to the New International Economic Order. The draft resolution called upon states to use the achievements of science and technology for peaceful purposes and requested the Subcommission on Prevention of Discrimination and Protection of Minorities to undertake a study of the use of scientific and technological achievements to ensure the rights to work and development and asked that the Commission consider that study at its 39th session. The Commission approved the resolution on February 19 by a vote of 31 to 0, with 12 (U.S.) abstentions. (Resolution 1982/4.) In his explanation of the U.S. abstention on February 22, Mr. Schifter recorded the U.S. view that the resolution made no useful contribution to the work of the Commission by asking for a study which "would be nothing more than a dance or a frolic." While the 1975 Declaration on the Use of Scientific and Technological Progress was not ideal, he added, it did recognize basic principles by which states could ensure the appropriate steps toward utilizing scientific and technological achievements for the promotion of the fullest realization of human rights and fundamental freedoms. In this context, Mr. Schifter added, "All of us are, of course, aware of the fetters which have been placed on the freedom and ability to think and to work of one of the greatest scientists of our era, Andrei Sakharov."

The 37th session of the General Assembly, in addition to considering the question of psychiatric abuse, also dealt with these broad questions of international peace in a two-part resolution. The first, Part A, attempted to establish the right to life as the most important human right. It expressed deep concern over the arms race and noted the pressing need for nuclear disarmament. In its operative paragraphs it called upon states "to take effective measures to prohibit by

law any propaganda for war," and to ensure that the results of scientific and technological progress are used exclusively for peace. It called upon the Commission on Human Rights to stress the primacy of the right to live. Arguing that the Universal Declaration of Human Rights speaks of the "right to life, liberty, and security," the U.S. Delegation pointed out that the cosponsors were taking the "right to life" out of context in an effort to distort the Universal Declaration's meaning. Although the United States was able to obtain a few helpful amendments, the overall text remained objectionable. The resolution was approved in the Third Committee on December 7 by a vote of 102 to 0, with 28 (U.S.) abstentions, and in plenary on December 18 by a vote of 110 to 0, with 24 (U.S.) abstentions. Mr. Gershman, speaking for the United States in the Third Committee, charged that the resolution attempted to prioritize human rights in a way which distorted provisions of existing human rights instruments. (Resolution 37/189 A.)

Part B of the resolution essentially replicated the resolution passed earlier by the Commission on Human Rights concerning the Declaration on the Use of Science and Technology in the Interests of Peace and for the Benefit of Mankind. It was approved in the Third Committee by a vote of 109 to 0, with 23 (U.S.) abstentions. (Resolution 37/189 B.)

Drafting International Instruments

During 1982, two instruments were adopted by the General Assembly without a vote, and several others remained pending before the commission on Human Rights and the General Assembly. The two instruments adopted by the Assembly were the Principles of Medical Ethics and the Declaration on the Participation of Women in Promoting International Peace and Cooperation, both of which are discussed elsewhere in this report.

Three draft instruments are being negotiated in working groups of the Commission on Human Rights: The Draft Convention Against Torture, the Draft Convention on the Rights of the Child, and the Draft Declaration on the Rights of Persons belonging to National Ethnic, Religious, and Linguistic Minorities. The two draft conventions are discussed elsewhere in this report. The Draft Declaration is a Yugoslav initiative which was first taken up by the Commission in 1978 and has been considered in a working group during each subsequent session. Progress has been extremely slow because of the ambiguity of the term "national minority." Each year, the Commission adopted a procedural resolution urging completion of the text at the next session, but so few working group meetings were scheduled during each session that little was accomplished. At its 38th session, the Commission adopted a resolution by consensus on March 11

which established a working group for the 1983 session which would continue consideration of the revised Draft Declaration submitted by Yugoslavia. (Resolution 1982/38.)

The following instruments were pending before the General Assembly and are covered in other parts of this report: Proposed Convention Against Mercenaries, Proposed Convention on the Rights of all Migrant Workers and their Families, Draft Declaration on the Rights of Non-Citizens, Draft Body of Principles for the Protection of all Persons under any form of detention or imprisonment, and Draft Declaration on Adoption and Foster Placement.

Measures Against Ideologies and Practices Based on Terror or Incitement to Racial Discrimination

At its 38th session, the Commission on Human Rights considered the question of "measures to be taken against all totalitarian or other ideologies and practices, including Nazi, Fascist, and neoFascist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences." The Byelorussian S.S.R. introduced a draft resolution, also sponsored by Bulgaria and the German Democratic Republic, which strongly condemned all Nazi, Fascist, neo-Nazi, neo-Fascist, and racist organizations and groups that advocate racial or ethnic exclusiveness or intolerance, apartheid, hatred, terror, or genocide. The draft resolution also would invite all member states to adopt, as a matter of high priority, measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred and outlawing organizations based on racial hatred or prejudices. The Netherlands introduced amendments to the Byelorussian S.S.R. draft resolution, which were sponsored by Australia and Canada. Since these amendments resulted in extensive debate, the Commission decided on March 11 to defer discussion and action on this item to its 39th session. (Decision 1982/105.)

During its 1st regular session of 1982, ECOSOC took note of the report of the Secretary General on measures to be taken against Nazi, Fascist, and neo-Fascist activities, and all other forms of totalitarian ideologies and practices based on racial intolerance, hatred, and terror, and decided on May 7 to transmit it to the General Assembly. (Decision 1982/146.)

At the 37th session of the General Assembly, the German Democratic Republic introduced a draft resolution in the Third Committee. The resolution concerned measures to be taken against Nazi, Fascist, and neo-Fascist activities, and all other forms of totalitarian ideologies and practices based on racial intolerance, hatred, and terror.

The resolution condemned all totalitarian or other ideologies and practices, in particular Nazi, Fascist, and neo-Fascist, based on racial or ethnic exclusiveness or intolerance, hatred, terror, systematic denial of human rights and fundamental freedoms, or which have such consequences. It also urged all states to consider taking measures, in accordance with their national constitutional system and the Universal Declaration and International Covenants, to prohibit or deter activities by groups, organizations, or individuals practicing those ideologies. The resolution invited states to adopt, as a matter of high priority, measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred, and of war propaganda, including Nazi, Fascist, and neo-Fascist ideologies, and requested the Commission on Human Rights to consider this subject at its 39th session. The resolution also requested the Secretary General to submit a report through ECOSOC to the General Assembly at its 38th session, regarding any discussions held during the Commission on Human Rights meetings and any comments provided by states and international organizations. The resolution was adopted without a vote in both the Third Committee on December 9, and in plenary on December 17. (Resolution 37/179.) The United States took exception to operative paragraphs 2 and 4 of the resolution. In his explanation of vote on December 17, the U.S. Representative, Mr. Gershman, indicated that although the United States did not break consensus on the resolution, the United States could not accept the view that "government repression of the dissemination of ideas is an appropriate or effective way to combat the revival of Nazism or to combat other totalitarian ideologies-a course suggested in operative paragraphs 2 and 4 of the resolution despite qualifying language." Mr. Gershman pointed out that the United States believed, on the contrary, that such an approach would only "legitimize totalitarian methods.

Human Rights of Non-Citizens

During the 37th session of the General Assembly an open-ended working group met for the purpose of further considering the draft declaration on the question of the international legal protection of the human rights of individuals who are not citizens of the country in which they live.

Two earlier working groups met during the 35th and 36th General Assemblies for the purpose of discussing the draft declaration prepared in 1979 by Baroness Elles (United Kingdom) during her term as a Special Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities. Lady Elles' mandate was to formulate a declaration on the rights of lawful residents of a foreign country, in response to Uganda's expulsion of thousands of its