SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES CONCLUDES FORTY-NINTH SESSION AT GENEVA
Press Release
HR/CN/812
SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND PROTECTION OF MINORITIES CONCLUDES FORTY-NINTH SESSION AT GENEVA
19970911 (Reissued as received; delayed in transmission.)GENEVA, 29 August (UN Information Service) -- The Subcommission on Prevention of Discrimination and Protection of Minorities concluded today a four-week annual session conducted under a streamlined agenda and marked -- as in recent years -- by spirited debate over its role in the human rights field and over its modes of operation.
The panel of 26 independent experts took several new steps, including calling for working papers on the topics of the right to education; on the influence of transnational corporations on human rights; on juvenile justice; on access to safe drinking water; on peace and security as an essential condition for the enjoyment of human rights; and on affirmative action.
It recommended that its parent bodies appoint Kalliopi Koufa, Subcommission alternate expert from Greece, to produce a study on the effects of terrorism on human rights; name Mohammed Sardar Ali Khan, Subcommission expert from India, to carry out a study on privatization of prisons; authorize Volodymyr Boutkevitch, expert from Ukraine, to prepare an analysis of current trends and developments in respect of the right of everyone to leave any country, including his own, and to return to his country; and request Osman El-Hajjé, expert from Lebanon, to perform a study of the "potentially adverse consequences of scientific progress and its applications for the integrity, dignity, and human rights of the individual".
It also passed resolutions by secret ballot on the human rights situations in the Congo, Bahrain and the Democratic People's Republic of Korea.
Discussion of those measures -- and of several draft resolutions targeting other countries that were voted down or denied on procedural grounds -- often focused on whether or not the Subcommission should be considering the human rights performances of specific countries at all. Several members said they disagreed with the approach on principle and felt it did not lead to progress, while others contended that behind-the-scene pressures brought to bear on experts perhaps limited the panel's ability -- as one member put it -- to deal with the topic fairly and without interference.
Country-specific resolutions and the group's various other methods of work -- in continuation of a dialogue carried out in recent years with the Subcommission's parent body, the Commission on Human Rights -- also were discussed in a series of private meetings. Further debate came when the Chairman of the Commission, Miroslav Somol of the Czech Republic, addressed the panel and cautioned it to try to avoid politicized interventions on country situations and to try to avoid duplication of the Commission's activities.
Several experts questioned how the Commission could ask that the Subcommission draw its attention to gross violations of human rights, while, at the same time, commenting on its "politicization".
One outcome of the debate on methods of work was that the Subcommission decided, after a roll-call vote, to request, on a trial basis, that its next three annual meetings be held over five weeks instead of four, with one week of two daily meetings and four weeks of only one meeting per day. Experts among the 12 voting in favour of the measure said that such a schedule would allow them time to prepare properly and would enable the panel to give each agenda item due consideration. The group also asked Ribot Hatano, its expert from Japan, to prepare a revised working paper containing a compilation of rules of procedure, guidelines, decisions, and practices applicable to the work of the Subcommission.
Among other action the Subcommission adopted consensus statements on the end of armed conflict in Guatemala and on Israel's blockade of the Palestinian territories; urged States to combat traditional practices harmful to the health of women and children, including female genital mutilation; and expressed support for the establishment within the United Nations system of a permanent forum for indigenous people, preferably under the Economic and Social Council.
In total, the Subcommission adopted 53 resolutions and decisions and two "Chairman's Statements".
In addition, during closed meetings under its "1503" procedure, the panel considered, as it does every year, communications from individuals or groups claiming their rights had been violated by governments.
Before adjourning the session this afternoon, Subcommission Chairman José Bengoa (Chile) said this year's work had started in a state of great uncertainty because of Commission on Human Rights' resolution 1997/22, which, among other things, called on the Subcommission to refrain henceforth from duplicating action by the Commission with regard to country situations. That text had caused everyone to wonder about the future of the Subcommission. The panel had played a specific role during the cold war, and today needed to change its orientation. The question was: which direction should it go in?
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The Commission had decided what the Subcommission would not do, and that was not duplicate its work. At the same time, the resolution opened up new areas and new human rights situations for the Subcommission to analyse . The impassioned debate on the violations of human rights and fundamental freedoms took up nearly one week. The number of resolutions adopted was of less importance than the debate itself.
There was no doubt that there was room for improvement in the work of the Subcommission, Mr. Bengoa added. For example, human rights violations in specific countries continued to crop up under different agenda items, and the Subcommission had to ensure that did not happen again. Nonetheless, the Subcommission had taken many steps which would enable it to improve its work in the future.
The Subcommission is the main subsidiary body of the Commission on Human Rights. It was established in 1947 to undertake studies and make recommendations to the Commission concerning the prevention of discrimination and the protection of national or ethnic, religious and linguistic minorities. The panel is often referred to as the human rights "think tank" of the United Nations.
Action on Human Rights Violations in Any Country
Regarding violations of human rights anywhere in the world, the Subcommission adopted resolutions through which it:
-- Expressed concern at reports of hundreds of deaths, including of children and other civilians, in the inter-communal strife in the Congo since early June 1997 and the continuing loss of life in the city of Brazzaville; expressed concern at allegations of torture by parties to the conflict; called upon the Government of the Congo and all parties to the conflict to abide by international human rights obligations and cease abuses, ensure thorough and impartial investigations into allegations of violations of human rights and bring the perpetrators to justice;
-- Expressed deep concern about alleged gross and systematic violations of human rights in Bahrain; urged the Government to comply with applicable international human rights standards and to ratify the International Covenants on Human Rights and the Convention against Torture; and
-- Urgently called on the Government of the Democratic People's Republic of Korea to ensure full respect for article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights, both of which related to the right of everyone to leave any country, including his own, and to return to his country.
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Elimination of Racial Discrimination
Regarding the elimination of racial discrimination, the Subcommission:
-- Regretted the contradiction which existed between free movement of goods and the increasingly draconian restrictions imposed on movement of individuals, including migrant workers and their families; again condemned acts of violence resulting from racism, racial discrimination, and xenophobia directed against migrant workers; again appealed to governments to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families so that it could be put into effect as soon as possible;
-- Encouraged States that had not yet ratified the International Convention on the Elimination of All Forms of Racial Discrimination to do so; called upon Member States to contribute generously to the Trust Fund for the Programme for the Decade for Action to Combat Racism and Racial Discrimination, and expressed its full support for the convening of a world conference to combat racism and racial discrimination not later than the year 2001.
Realization of Economic, Social and Cultural Rights
With respect to the realization of economic, social and cultural rights, the Subcommission:
-- Reaffirmed that forced evictions might often constitute gross violations of a broad range of human rights; strongly urged governments to undertake immediate measures aimed at eliminating the practice of forced eviction; recommended that all governments provided immediate restitution, compensation and/or appropriate and sufficient alternative accommodation or land, consistent with their rights and needs, to persons and communities that had been forcibly evicted;
-- Encouraged States to make all necessary efforts to ensure realization of the right to education, including education in human rights, at all levels of the educational system; requested member Mustapha Mehedi to prepare, without incurring financial obligations, a working paper on the topic;
-- Requested member Asbjorn Eide to review and update, without financial implications, his study on the right to food and to submit the updated study at the fiftieth session of the Subcommission in 1998;
-- Entrusted member El-Hadji Guissé with the task of preparing, without incurring financial obligations, a background document on the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the working methods and activities of transnational corporations;
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-- Noted that it had not, to date, received the information it had requested on action by United Nations bodies and agencies to promote international cooperation for realization of the right to development in the context of the United Nations Decade for the Elimination of Poverty, and decided to transmit the full text of the resolution to the Secretary-General for action;
-- Reaffirmed the inherent link between the enjoyment of all human rights, in particular economic, social and cultural rights, and the right of each womAn, man and child to have access to drinking water supply; decided to entrust to Mr. Guissé the task of drafting, without financial implications, a working paper on the issue;
-- Encouraged governments to comply with international and regional obligations and commitments concerning the legally recognized rights of women to land, property, inheritance, and adequate housing; recommended that the Special Rapporteur of the Commission on Human Rights on violence against women include in her next report an in-depth analysis of the relationship between such violence and violations of the right to housing, including forced evictions;
-- Requested the Secretary-General to transmit the final report on impunity of violators of economic, social and cultural rights, prepared by Mr. Guissé, to the Commission on Human Rights, and recommended that the Commission consider the possibility of appointing a special rapporteur on the matter.
Implementation of Human Rights of Women
Regarding the implementation of the human rights of women, the Subcommission:
-- Appealed urgently to States to implement the Plan of Action on the elimination of traditional practices affecting the health of women and the girl child; expressed concern at the recent obstacles encountered by the campaign against female genital mutilation in certain countries; appealed to all States concerned to intensify efforts to develop awareness of and mobilize national public opinion concerning such harmful effects; appealed to the international community to provide support for the non-governmental organizations and groups effectively battling these practices;
-- Called upon governments to promote and support the elimination of biases in educational systems to counteract gender segregation of the labour market; urged governments to take increased measures to ensure that the economic and social rights of women were being fully promoted and implemented through their equal access to economic resources, including land, property rights and credit and savings schemes; urged governments to undertake measures
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to harmonize national legislation and customary and traditional practices with international principles of equality with respect to the right of inheritance of women and girls, and urged governments to adopt measures to implement the Declaration on the Elimination of Violence against Women and to ensure remedies and compensation to victims.
Rights of Indigenous Peoples
Under this agenda item, the Subcommission:
-- Took note of the Special Rapporteur's explanation of the reasons for not submitting his final report on study on treaties, agreements and other constructive arrangements between States and indigenous populations and urged him to submit it in due time -- preferably before the end of 1997;
-- Recommended establishment of a permanent forum in the United Nations for indigenous peoples and that its mandate include, among other things, questions relating to the rights of such peoples and all matters contained in the programme of activities of the Decade; and that the working group on indigenous populations focus on the question of membership, participation, and mandate of a possible permanent forum, with a view to early establishment of such a forum;
-- Recommended that the Coordinator of the International Decade of the World's Indigenous Peoples consider holding a special fund-raising meeting, that attention continue to be given to improving the extent of the participation of indigenous peoples in planning and implementing the activities of the Decade, and that the draft United Nations declaration on the rights of indigenous peoples be adopted as soon as possible;
-- Requested the Special Rapporteur on the study on indigenous land rights prepare her final working paper on the basis of comments and information received from governments, indigenous peoples, and others;
-- Requested the United Nations High Commissioner for Human Rights to convene a seminar on the draft principles and guidelines for the protection of the heritage of indigenous peoples: and
-- Recommended that the working group on indigenous populations cooperate as a body of experts in any conceptual clarification or analysis which might assist the working group established by the Commission on Human Rights to elaborate further the draft United Nations declaration on the rights of indigenous peoples; requested the High Commissioner for Human Rights to encourage the undertaking of studies with respect to the rights to food and adequate nutrition of indigenous peoples, and, as appropriate, to call for an international workshop on the theme.
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Contemporary Forms of Slavery
Under this agenda item, the Subcommission:
-- Decided to entrust Gay J. McDougall, alternate expert from the United States, with the task of completing the study already begun on systematic rape and sexual slavery and slavery-like practices during periods of armed conflict, for submission to the Subcommission at its fiftieth session;
-- Expressed concern at the insufficiency of contributions to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery which prevented it from effectively fulfilling its mandate; and
-- Expressed deep concern at the information in the report of the Working Group on Contemporary Forms of Slavery relating to child and bonded labour, sexual exploitation, in particular of children, the traffic in persons, migrant and domestic workers and sexual slavery during wartime; requested the Special Rapporteur on the sale of children, child prostitution and child pornography to continue to pay attention to issues relating to the traffic in children, such as organ transplants, disappearances, the purchase and sale of children, adoption for commercial purposes or exploitation, child prostitution and child pornography; urged all states, while attempting ultimately to eliminate the phenomenon of child labour, to adopt measures and regulations to protect child labourers, to ensure that their labour was not exploited and to prohibit their labour in hazardous occupations, and reaffirmed once again that forced labour was a contemporary form of slavery.
Administration of Justice
The Subcommission adopted resolutions and decisions on the administration of justice and the rights of detainees through which it:
-- Requested the Commission on Human Rights to consider appointing a special rapporteur on the human rights situation of street children;
-- Recommended that the Human Rights Committee consider preparing a new general comment on article 4 of the International Covenant on Civil and Political Rights reaffirming the developing consensus that habeas corpus and the related aspects of amparo, as well as cognate rights, should be considered to be non-derogable;
-- Requested the sessional working group on the administration of justice to continue its consideration of the expanded working paper prepared by Stanislav Chernichenko on the recognition of gross and massive violations of human rights perpetrated on the orders of governments or sanctioned by them as an international crime;
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-- Regretted that many States continued to detain children with adult prisoners and that in many States the system of administration of justice failed to take account of the special psychological and physical needs of children; requested Lucy Gwanmesia, expert from Cameroon, to prepare a working paper on juvenile justice;
-- Requested its parent bodies to authorize it to appoint Mohammed Sardar Ali Khan as Special Rapporteur in order to undertake an in-depth study on all issues relating to the privatization of prisons, including the rule of law and the possible civil responsibility of enterprises managing private prisons and their employees;
-- Requested that member Ioan Maxim serve as new Special Rapporteur to update the annual list of States which had proclaimed or extended a state of emergency and to prepare a list -- to be submitted once over five years -- of those States which had terminated a state of emergency in the past, together with further recommendations on the protection of human rights during states of emergency; and
-- Transmitted the revised set of principles for combatting impunity contained in the Special Rapporteur's final document to the Commission on Human Rights and recommended that the High Commissioner/Centre for Human Rights transmit the principles to the General Assembly, through the Economic and Social Council, with a view to their adoption.
Freedom of Movement
Concerning freedom of movement, the Subcommission:
-- Uurged governments and other entities to do everything possible to stop and prevent all practices of forced displacement, population transfers, and "ethnic cleansing"; urged States to respect the principle of non- refoulement; decided to convene a further expert seminar, without financial implications, to assist in and make practical recommendations for the further work of the Subcommission on the right to freedom of movement;
-- Decided to recommend to the Commission on Human Rights and the Economic and Social Council the appointment of Mr. Boutkevitch as Special Rapporteur with the task of preparing an analysis of current trends and developments in respect of the right of everyone to leave any country, including his own, and to return to his country, to have the possibility to enter other countries without discrimination, and to seek and enjoy asylum; and
-- Reaffirmed the fundamental right of refugees and internally displaced persons to return voluntarily, in safety and dignity, to their countries of origin and/or within it to their place of origin or choice.
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Promotion and Protection of Human Rights of Children and Youth
Regarding the promotion and protection of human rights of children and youth, the Subcommission adopted resolutions and decisions through which it:
-- Decided to transmit to the Committee on the Rights of the Child a copy of the summary records of the meetings at which agenda item 10 bis was discussed, which contained a recommendation that the Committee consider preparing general comments on articles 2, 37, and 40 of the Convention on the Rights of the Child; and
-- Expressed its deep conviction that it could best play a constructive role by drawing upon the expertise of the various United Nations bodies, organs, and legal instruments to contribute, by means of specific recommendations addressed to them, to improving coordination and cooperation among them so as to facilitate concrete action aimed at the realization of all rights of all children and youth.
Review of Further Developments in Fields of Concern
Following its annual review of further developments in fields with which it has been or may be concerned, the Subcommission:
-- Reaffirmed its support for a total ban on the production, stockpiling, transfer and use of anti-personnel landmines, as a means to protect the right to life; urged United Nations Member States to promote the establishment of regional and subregional zones free of anti-personnel mines;
-- Reemphasized that the conduct of military contingents put at the disposal of the United Nations should always be in conformity with the norms of international humanitarian law and international human rights; recommended that the rules of engagement applicable to United Nations peacekeeping operations should contain explicit references to these obligations;
-- Appealed to all States concerned to reconsider their adoption of or support for humanitarian activities for the enjoyment of human rights; decided to consider the adverse consequences of economic sanctions on human rights at its fiftieth session under the agenda item entitled "Implications of humanitarian activities on the enjoyment of human rights";
-- Urged all States to be guided in their national policies by the need to curb the testing, the production and the spread of weapons of mass destruction, or with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering; decided to authorize member Clemencia Forero Ucros to prepare, without financial implications, a working paper on the subject, in the context of human rights and humanitarian norms;
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-- Invited its members, governmental and non-governmental observers to carry out constructive dialogue and consultations on human rights;
-- Urged States to foster international cooperation, to exchange information, to promote technical assistance and to promulgate administrative and legal measures aimed at the prevention and control of the illicit transfer of arms;
-- Decided to entrust member Marc Bossuyt with the preparation, without financial implications, of a working paper on the concept of affirmative action;
-- Called upon governments to take all necessary and effective measures, in conformity with international standards of human rights, to prevent, combat, and eliminate terrorism; recommended that the Commission on Human Rights authorize alternate member Kalliopi Koufa as Special Rapporteur to conduct a comprehensive study on terrorism and human rights on the basis of her working paper;
-- Welcomed the guidelines and recommendations adopted by the Second International Consultation on HIV/AIDS and human rights; requested the Joint United Nations Programme on HIV/AIDS and its co-sponsors to continue the integration of a strong human rights component into all its activities;
-- Considered that the preliminary conclusions of the International Law Commission on reservations to normative multilateral treaties, including human rights treaties, might be inconsistent with General Comment No. 24 of the Human Rights Committee and other human-rights treaty bodies;
-- Noted with concern the delay in the supply of food and medicines to Iraq reported by several United Nations bodies; appealed once again to the international community and to all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the supply of food and medicines;
-- Recommended that the Commission on Human Rights authorize the Subcommission to appoint member Osman El-Hajjé as Special Rapporteur to conduct a detailed study on the problem of the potentially adverse consequences and positive effects of scientific progress and its applications for the integrity, dignity, and human rights of the individual; and
-- Urged governments to review and assess the progress made in the field of human rights since the adoption of the Universal Declaration of Human Rights and to identify obstacles to progress in this area, and decided to devote a meeting during its fiftieth session to celebrating the fiftieth anniversary of the Declaration.
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Prevention of Discrimination against, and Protection of, Minorities
The Subcommission recommended that the Commission of Human Rights request the Economic and Social Council to authorize the extension of the mandate of the Working Group on Minorities.
Methods of Work
The Subcommission adopted resolutions and decisions through which it:
-- Decided to take no action henceforth in respect of human rights situations which the Commission on Human Rights was considering under its public procedures for dealing with human rights violations;
-- Decided to entrust member Ribot Hatano with the preparation of a revised working paper containing a compilation of rules of procedure, guidelines, decisions and practices, applicable to the work of the Subcommission; and
-- Requested the Commission on Human Rights and the Economic and Social Council to authorize it, on a trial basis, to organize its next three sessions in the form of five-week sessions of five working days per week, with one week of two daily meetings and four weeks of only one meeting per day, with a total of 30 meetings per session.
Chairman's Statements
The Subcommission also adopted two consensus texts, or Chairman's Statements, welcoming the end of the 36-year old armed conflict in Guatemala, and expressing profound concern over the suffering caused to Palestinians by the severe restrictions of movement imposed by Israel on the occupied territories.
Membership of Subcommission
The members and alternates (*) of the Subcommission are: Miguel Alfonso Martínez, *Marianela Ferriol Echevarría (Cuba); Mohammed Sardar Ali Khan (India); Judith Sefi Attah, *Christy Ezim Mbonu (Nigeria); José Bengoa (Chile); Marc Bossuyt, *Guy Genot (Belgium); Volodymyr Boutkevitch, *Oleg Shamshur (Ukraine); Stanislav V. Chernichenko, *Teimuraz O. Ramishvili (Russian Federation); Erica-Irene A. Daes, *Kalliopi Koufa (Greece); Asbjorn Eide, *Jan Helgesen (Norway); Osman El-Hajjé (Lebanon); Fan Guoxiang, *Zhong Shukong (China); Clemence Forego Accrues, *Alberto Díaz Uribe (Colombia); El Hadji Guissé, *Ndary Toure (Senegal); Lucy Gwanmesia (Cameroon); Ribot Hatano, *Yozo Yokota (Japan); Louis Joinet, *Emmanuel Decaux (France); Ahmed Khalifa, *Ahmed Khalil (Egypt); Miguel Limón Rojas, *Héctor Fix Zamudio (Mexico); José Augusto Lindgren Alves, *Marília S. Zelner Gonçalves (Brazil); Ioan Maxim,
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*Antoanella Iulia Motoc (Romania); Mustapha Mehedi (Algeria); Claire Palley, *John Merrills (United Kingdom); Sang Yong Park, *Myung Chul Hahm (Republic of Korea); Halima Embarek Warzazi (Morocco); David Weissbrodt, *Gay J. McDougall (United States); Fisseha Yimer (Ethiopia).
Officers of the 1997 Subcommission session were: Chairman, Mr. Bengoa; Vice-Chairmen, Mr. Maxim, Mr. Park, and Mrs. Warzazi; and Rapporteur, Mr. Bossuyt.
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