Observance in Bulgaria, Hungary and Romania of Human Rights and Fundamental Freedoms

A/RES/294(IV)No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1949.

What subjects does this mandate have?

7 topics

Advisory Opinions Bulgaria Human Rights Human Rights Violations Hungary International Courts Romania

What does this mandate say?

5 operative paragraphs

Expresses its continuing interest in and its increased concern at the grave accusations made against Bulgaria, Hungary and Romania;

Records its opinion that the refusal of the Governments of Bulgaria, Hungary and Romania to co-operate in its efforts to examine the grave charges with regard to the observance of human rights and fundamental freedoms justifies this concern of the General Assembly about the state of affairs prevailing in Bulgaria, Hungary and Romania in this respect ;

Decides to submit the following questions to the International Court of Justice for an advisory opinion :

•· I. Do the diplomatic exchanges between Bulgaria, Hungary and Romania on the one hand and certain Allied and Associated Powers signatories to the Treaties of Peace on the other, concerning the implementation of article 2 of the Treaties with Bulgaria and Hungary and article 3 of the Treaty with Romania, disclose disputes subject to the provisions for the settlement of disputes contained in article 36 of the Treaty of Peace with Bulgaria, article 40 of the Treaty of Peace with Hungary, and article 38 of the Treaty of Peace with Romania?"

In the event of an affirmative reply to question I:

''II. Are the Governments of Bulgaria, Hungary and Romania obligated to carry out the provisions of the articles referred to in question I, including the provisions for the appointment of their representatives to the Treaty Commis- ?"

In the event of an affirmative reply to question II and if within thirty days from the elate when the Court delivers its opinion the Governments concerned have not notified the Secretarv- General that they have appointed their represe~- tatives to the Treaty Commissions, and the Secretary-Genera! has so advised the International Court of Justice :

"III. If one party fails to appoint a representative to a Treaty Commission under the Treaties of Peace with Bulgaria, Hungary and Romania where that party is obligated to appoint a representative to the Treaty Commission, is the Secretary-General of the United Nations authorized to appoint the third member of the Comm1ss10n upon the request of the other party to

a dispute according to the provisions of the respective Treaties?"

In the event of an affirmative reply to question III:

"IV. Would a Treaty Commission composed of a representative of one party and a third member appointed by the Secretary-General of the United Nations constitute a Commission, within the meaning of the relevant Treaty articles, competent to make a definitive and binding decision in settlement of a dispute?"

Requests the Secretary-General to make available to the International Court of Justice the relevant exchanges of diplomatic correspondence communicated to the Secretary-General for circulation to the Members of the United Nations and the records of the General Assembly proceedings on this question;

Decides to retain on the agenda of the fifth regular session of the General Assembly the question of the observance of human rights and fundamental freedoms in Bulgaria, Hungary and Romania, with a view to ensuring that the charges are appropriately examined and dealt with.

22 October 1949.

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