A/74/969
or Degrading Treatment or Punishment. Slovakia also proposed establishing a
mechanism to monitor the implementation of such a protocol.
38. Canada suggested that States might be more willing to support non -binding
international standards than to support a binding instrument. Slovakia proposed the
adoption of a resolution by the General Assembly if consensus could not be reached
on the elaboration of a binding instrument. The United Kingdom also stressed the
importance of remaining flexible with regard to the nature of such an instrument, at
least until the potential scope and content of any standards became clearer. Brazil
considered that the negotiation of an international legally binding instrument in that
area was premature, given that it might result in the erection of unnecessary barriers
to trade in products that had a legitimate purpose and use. It considered that the major
challenge would be to define the scope of common international standards and that
such standards should be reflected in trade guidelines or recommendations that would
take into account relevant national and international human rights commitments
already in place.
V. Conclusions and recommendations
39. The prohibition of torture is a peremptory norm of international law under
all circumstances. International, regional and domestic courts have recognized
the prohibition of cruel, inhuman or degrading treatment or punishment as
customary international law. Much has been achieved in the fight against torture
and other cruel, inhuman or degrading treatment or punishment, yet more action
is needed to eradicate them fully. All measures taken towards eradicating torture
and other cruel, inhuman or degrading treatment or punishment constitute an
advance in the protection of human rights.
40. The information received from Member States revealed an uneven situation
at both the regional and the national levels regarding the regulation of the
import, export and transfer of goods used for capital punishment, torture or
other cruel, inhuman or degrading treatment or punishment. The establishment
of common international standards could ensure more effective regulation in this
area. In that regard, relevant regional and national regulations may serve as a
reference for consideration by Member States.
41. A majority of Member States that provided input expressed support for the
establishment of common international standards. In their inputs, Member
States outlined legal, practical and other considerations for the possible scope of
a range of options to establish common international standards for the import,
export and transfer of goods used for capital punishment, torture or other cruel,
inhuman or degrading treatment or punishment.
42. With regard to possible categories of goods to be regulated under common
international standards, several Member States proposed that goods that have
no practical use other than for the purpose of capital punishment, torture or
other forms of ill-treatment be separated from goods that could be used for such
purposes as well as other purposes.
43. A majority of Member States that provided input suggested that an
exhaustive list of goods should be adopted in order to ensure consistency in the
application of common international standards. Some States considered that
such a list might nevertheless need to be updated regularly. The options they
provided and the types of goods to be covered by common international
standards should be examined in the light of existing international agreements
12/13
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