SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS CONCLUDES FIFTY-SIXTH SESSION

Round-Up of Session                                  

SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS

CONCLUDES FIFTY-SIXTH SESSION

(Reissued as received.)

GENEVA, 13 August (UN Information Service) -- The Subcommission on the Promotion and Protection of Human Rights this afternoon adjourned its fifty-sixth session, held from 26 July to 13 August, during which it adopted 53 resolutions and decisions.

In his concluding remarks, the Chairperson of the Subcommission, Soli J. Sorabjee, said the attempt to promote and protect human rights in the Subcommission was a joint venture, a collective effort.  There could be different views about the methods and methodology, and the emphasis to be placed on some subjects relative to others.  But there was not and could not be any difference about the aims and goals, which were to make the promotion and protection of human rights of all members of the human family effective, to translate the rhetoric of human rights into a reality and to make the Subcommission an effective and powerful tool for the redress of the ills and grievances of the powerless, the defenceless, and the voiceless.

The only text which was subjected to a vote this year concerned the imposition of the death penalty on civilians by military tribunals or by tribunals whose composition includes one or more members of the armed forces in which the Subcommission confirmed that the imposition of the death penalty on a civilian tried by a military tribunal or a tribunal whose composition included one or more members of the armed forces was contrary to customary international law.

Among the measures taken by the Subcommission, this year, it recommended the appointment of a Special Representative of the Secretary-General for issues concerning minorities.  It also decided to form at the fifty-seventh session a Working Group with the mandate of elaborating principles and detailed directives on the promotion and protection of human rights in the fight against terrorism.

The Subcommission also entrusted Experts to prepare working papers on the advisability of drafting an additional protocol to the International Covenant on Civil and Political Rights containing remedies for violations of minority rights; the right to effective remedy in criminal proceedings; effective remedy in civil matters against violations of human rights by State agents; the relationship between human rights law and international humanitarian law; the content and delivery of technical cooperation in the field of human rights; discrimination against leprosy victims and their families; the impact of intolerance on the enjoyment and respect for human rights; as well as on methods of work of the Subcommission.

The Subcommission asked several of its members to prepare a progress report on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty.

Another Expert was asked to prepare a project on directives for the realisation of the right to drinking water and sanitation for the next session.

With regards to new mandates, the Subcommission appointed Experts Yozo Yokota and Chin Sung Chung as Special Rapporteurs with the task of elaborating a study on discrimination based on work and descent, while focusing on the need to elaborate principles and directives for the effective elimination of this form of discrimination.  Expert Marc Bossuyt was appointed as Special Rapporteur with the task of preparing a study on non-discrimination as enshrined in article 2, paragraph 2 of the International Covenant on Economic, Social and Cultural Rights.  Expert Lalaina Rakotarisoa was appointed as Special Rapporteur with the task of making a detailed study on difficulties of establishing guilt and/or responsibility with regard to crimes of sexual violence.  The High Commissioner for Human Rights was asked to present an updated report on issues of systematic rape, sexual slavery and practices similar to slavery in times of armed conflict at the next session of the Subcommission.

Several members of the Subcommission were also asked to present updated or expanded versions of their working documents at the next session on such subjects as human rights and international solidarity, legal implications of disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples; the effects of debt on human rights; and women in prison.

Regretting that the Special Rapporteur on discrimination in the criminal justice system had not been able to present her interim report at the current session, the Subcommission asked her to present it next year.  It was also recommended that Expert Florizelle O’Connor prepare a working paper identifying and analysing possible alternatives that would allow the Subcommission to respond fully to the Commission’s request to prepare a concept document establishing possible options for the implementation of the right to development.

The Subcommission also extended for three years the mandate of the Working Group on the methods of work and the activities of transnational corporations.

In the context of the prevention of discrimination, the Subcommission also asked the Secretary-General to ensure that the Special Adviser for the Prevention of Genocide would take into consideration the need to protect indigenous peoples and their territories.  It was also decided that the theme of the next session of the Working Group on Indigenous Populations would be “Indigenous Peoples and the international and domestic protection of traditional knowledge”.

Regarding economic, social and cultural rights, the Subcommission decided that the theme of the next Social Forum, to be held in Geneva in 2005, would be “Poverty and economic growth –- challenges to human rights”.  It also recommended that the Social Forum be held for a duration of five working days.

Under specific human rights issues, the Subcommission adopted texts concerning human rights and the human genome; harmful traditional practices affecting the health of women and the girl; the World Programme for Human Rights Education; the Working Group on Contemporary Forms of Slavery; and the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.

With regard to the administration of justice, rule of law and democracy, the Subcommission also adopted texts on the universal implementation of international human rights treaties; and discrimination against convicted persons who had served their sentence.

The Subcommission also adopted, under the question of human rights violations in any country, a resolution and a decision concerning the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment and the unlawfulness of arbitrary, summary or extrajudicial killing of an individual in all circumstances.

Created by the Commission on Human Rights in 1947 and consisting of 26 Experts from five regional groups, the Subcommission undertakes studies and makes recommendations to the Commission on Human Rights.  The Commission must approve all its resolutions and decisions.

The Subcommission decided on next year’s composition of Experts for its Working Groups on minorities, slavery, indigenous populations, communications, and the Social Forum.

Addressing the Subcommission at the opening of its session was United Nations High Commissioner for Human Rights Louise Arbour who said that the Subcommission played an extremely important role within the United Nations in the promotion and protection of human rights, providing the Organization with useful recommendations on the promotion, protection and prevention of violations of human rights.  These included the elaboration of international standards and the development of the understanding of human rights through the study of new issues.

The Chairman proposed that the fifty-seventh session of the Subcommission would be held from 25 July to 12 August 2005.  Several Experts said they preferred that the Subcommission start one week later so that it did not overlap with the end of the university academic year.  Consultations were to be held on this issue.

Action on Resolutions and Decisions

Question of Violation of Human Rights in Any Country

Under this agenda item, the Subcommission adopted a measure:

--- On the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment, recalling that all forms of torture and other cruel, inhuman or degrading treatment or punishment constitute violations of the peremptory norms of international law, welcomed the activities of the Special Rapporteur of the Commission on Human Rights on the question of torture and requested all States to cooperate in good faith with him and to issue an open invitation to him to visit their country; invited all States to ratify, as soon as possible, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; and recommended that all States develop independent and effective domestic mechanisms, as well as concrete measures to combat torture and other cruel, inhuman or degrading treatment or punishment; and

-- Stating that: “The Subcommission on the Promotion and Protection of Human Rights recalls that the arbitrary, summary or extrajudicial killing of an individual is unlawful in all circumstances”.

Administration of Justice

Under this agenda item, the Subcommission approved measures:

-- On women in prison, expressing its appreciation to Expert Florizelle O’Connor for her working paper and requesting that she prepare an expanded version of her working paper, including issues relating to the children of women in prison;

-- On the right to an effective remedy in criminal proceedings, deciding to entrust Expert Mohamed Habib Cherif with the preparation of a working paper on the right to an effective remedy in criminal proceedings;

-- On discrimination in the criminal justice system, regretting that the Special Rapporteur had been unable to submit her interim report at the current session; and requesting her to submit her interim report at the fifty-seventh session;

-- On the relationship between human rights law and international humanitarian law, deciding to ask Françoise Jane Hampson to prepare a working paper on human rights law and international humanitarian law;

-- On effective remedy in civil matters against violations of human rights by State agents, deciding to request Expert Françoise Jane Hampson to prepare a working paper on the implementation in domestic law of the right to an effective remedy in civil matters against violations of human rights by State agents;

-- On the imposition of the death penalty on civilians by military tribunals or by tribunals whose composition includes one or more members of the armed forces, confirming that the imposition of the death penalty on a civilian tried by a military tribunal or a tribunal whose composition included one or more members of the armed forces was contrary to customary international law; and urging all States that still maintain the death penalty to ensure that it could not be imposed on civilians tried by military courts;

-- On the universal implementation of international human rights treaties, thanking the Special Rapporteur, Expert Emmanuel Decaux, for the preliminary report he had prepared; requesting the Secretary-General to continue to provide the Special Rapporteur with the necessary assistance; and asking the Special Rapporteur to submit an interim report at the next session;

-- On the issue of the administration of justice through military tribunals, requesting Expert Emmanuel Decaux to continue his work and submit an updated version of his draft principles governing the administration of justice through military tribunals;

-- On discrimination against convicted persons who have served their sentence, urging States to examine their treatment of convicted persons after they had served their punishment and to cease any official or unofficial practices of discrimination against such persons;

-- On the difficulty of establishing guilt and/or responsibility with regard to crimes of sexual violence, deciding to request the Commission to appoint Expert Lalaina Rakotoarisoa as Special Rapporteur entrusted with preparing a detailed study on the difficulties;

-- On the Working Group on the Administration of Justice, welcoming with satisfaction the report of the sessional Working Group on the Administration of Justice and taking note of its discussions on the subjects of international criminal justice, witnesses and the rules of evidence, rape, sexual assault and other forms of sexual violence, women and children in prison, and immunity; and

-- On prevention of human rights violations committed with small arms and light weapons, expressing its satisfaction with the progress report of the Special Rapporteur on the prevention of human rights violations committed with small arms and light weapons, Barbara Frey, and asking her to present her next report to the Subcommission in 2005.

Economic, Social and Cultural Rights

As regards economic, social and cultural rights, the Subcommission adopted measures:

-- On indigenous peoples’ permanent sovereignty over natural resources , urging all States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems; and requested the Office of the United Nations High Commissioner for Human Rights to circulate the draft principles on housing and property restitution for refugees and displaced persons widely among non-governmental organizations, Governments, specialized agencies and other interested parties for comment;

-- On the duration of the Social Forum, recommending that the Social Forum be convened annually for a period of five working days;

-- On corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, expressing its appreciation to its Special Rapporteur Christy Ezim Mbonu on her preliminary report and endorsing the conclusions and recommendations contained therein; urging States that have not done so to introduce national mechanisms to prevent and combat corruption through the adoption and implementation of specific anti-corruption legislation; and requested the Secretary-General to facilitate the work of the Special Rapporteur by enabling her to attend the meetings of the “Friends of the Convention”, which will take place in Vienna;

-- On the study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, deciding to appoint Expert Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights;

-- On the effects of the working methods and activities of transnational corporations on the enjoyment of human rights, deciding to extend, for a three year period, the mandate of the sessional Working Group of the Subcommission on the working methods and activities of transnationals corporations so that it can fulfil its mandate; and requests the Working Group to submit its report on the seventh session to it at its fifty-seventh session;

-- On the promotion of the realization of the right to drinking water and sanitation, affirming that the access of everyone to drinking water supply should not be subject to any restriction but should be subject to regulation and control by the public authorities; and affirmed also that the right to water was an individual and collective human right and was closely linked to other rights;

-- On the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, requesting Antoanella-Iulia Motoc, Emmanuel Decaux, Yozo Yokota, El-Hadji Guissé and José Bengoa, with Mr. Bengoa as coordinator, to prepare a progress report at the fifty-seventh session and a final report at the fifty-eighth session, on the need to develop guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty;

-- On the Social Forum, reiterating its decision that the Social Forum should meet every year, and decided that the theme for the Social Forum in 2005 would be “poverty and economic growth:  challenges to human rights” and that it would be addressed within the context of the five-year assessment of the goals set in the United Nations Millennium Declaration; and requested the Secretary-General to adopt the appropriate measures to disseminate information about the Social Forum;

-- On the right to development,  requested Expert Florizelle O’Connor to submit to the Subcommission at its fifty-seventh session a working paper identifying and analysing possible alternatives that would allow the Subcommission to respond fully and as effectively as possible to the Commission’s request to prepare a concept document establishing possible options for the implementation of the right to development;

-- On the right to food and progress in developing international  voluntary guidelines for its implementation, calling upon all Governments and interested and affected parties to continue the drafting process and renew their efforts to reach consensus on the remaining issues so as to make possible the completion and adoption of that set of guidelines;

-- On the effects of debt on human rights, requested Expert El-Hadji Guissé to prepare, without financial implications, an expanded working paper on the effects of debt on human rights and to submit it at the fifty-seventh session; and

-- On the right to drinking water supply and sanitation, requesting the Special Rapporteur El-Hadji Guissé to prepare a set of draft guidelines for the realization of the right to drinking water supply and sanitation and to submit them to it at its fifty-seventh session.

Prevention of Discrimination

With regard to this agenda item, the Subcommission adopted measures:

-- On the final report on the study “indigenous peoples’ permanent sovereignty over natural resources”, deciding to submit the final report to the Commission of Human Rights at its sixty-first session and requesting the Special Rapporteur Erica-Irene Daes to present the report to the Commission in person; and recommending that the Commission and the Economic and Social Council authorize the Office of the High Commissioner for Human Rights to convene an expert seminar;

-- On the impact of intolerance on the enjoyment and respect for human rights, deciding to request Expert Soli Sorabjee to submit a working paper on the impact and measures to counter intolerance to the fifty-seventh session;

-- On the legal implications of disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples, requesting Expert Françoise Jane Hampson to update and expand her work and submit an expanded working paper to the fifty-seventh session;

-- On the protection of indigenous peoples in time of conflict, requesting the Secretary-General to ensure that the Special Adviser for the Prevention of Genocide appointed under the Action Plan to Prevent Genocide would take into consideration the need to protect indigenous peoples and their territories;

-- On discrimination based on work and descent, urging concerned States to ensure that all necessary constitutional, legislative and administrative measures were in place to prevent and redress discrimination based on work and descent, and that such measures are respected and implemented by all State authorities at all levels; asked the Commission on Human Rights to approve its decision to appoint Experts Yozo Yokota and Chin Sung Chung as Special Rapporteurs with the task of preparing a comprehensive study on discrimination based on work and descent;

-- On discrimination against leprosy victims and their families, requesting Expert Yozo Yokota to prepare a preliminary working paper on discrimination against leprosy victims and their families;

-- On the rights of minorities, recommending the preparation of a working paper by a member of the Subcommission on the advisability of drafting an additional protocol to the International Covenant on Civil and Political Rights containing remedies for violations of minority rights; and recommending the nomination of a Special Representative of the Secretary-General on minority issues;

-- On the International Decade of the World’s Indigenous People, recommending that the celebration of the International Day of the World’s Indigenous People be held on the fourth day of the twenty-third session of the Working Group on Indigenous Populations; and

-- On the Working Group on Indigenous Populations, deciding that the Working Group at its twenty-third session should adopt as the principal theme “Indigenous peoples and the international and domestic protection of traditional knowledge”; and invited the Office of the High Commissioner for Human Rights to organize a second workshop on indigenous peoples.

Specific Human Rights Issues

Concerning specific human rights issues, the Subcommission adopted measures:

-- On guidelines and principles for the promotion and protection of human rights when combating terrorism, deciding to establish at its fifty-seventh session a sessional Working Group of the Subcommission with the mandate to elaborate detailed principles and guidelines;

-- On the World Programme for Human Rights Education, recommending that the General Assembly launch the World Programme officially on the occasion of Human Rights Day, 10 December 2004, and consider proposing that Human Rights Day be commemorated every year worldwide in all educational and training institutions as of 2005;

-- On the Working Group on Contemporary Forms of Slavery, urging Governments to act more forcefully to prevent the misuse of the Internet for trafficking for the purpose of sexual exploitation of women and children;

-- On the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, inviting the Board of Trustees of the Fund to continue to promote the participation at the annual sessions of the Working Group on Contemporary Forms of Slavery of individuals and organizations;

-- On terrorism and human rights, expressing its deep appreciation and thanks to its Special Rapporteur, Kalliopi Koufa, for her excellent final report; requesting her to compile all her reports and other documents submitted to the Subcommission in one study;

-- On reservations to human rights treaties, asking the Commission on Human Rights to approve the Subcommission’s decision to transmit Expert Françoise Jane Hampson’s final working paper on reservations to human rights treaties to the Commission on Human Rights, the Committee on the Elimination of Racial Discrimination and other human rights treaty monitoring bodies and the International Law Commission;

-- On human rights and international solidarity, deciding to request Expert Rui Baltazar Dos Santos Alves to prepare an expanded version of his working paper on human rights and international solidarity;

-- On systematic rape, sexual slavery and slavery-like practices, reiterating that States should provide effective criminal penalties and compensation for unremedied violations in order to end the cycle of impunity with regard to sexual violence committed during armed conflicts; and called upon the High Commissioner for Human Rights to submit an updated report to the Subcommission;

-- On the preliminary report on the study on human rights and the human genome, expressing its deep appreciation to the Special Rapporteur Antoanella-Iulia Motoc for her preliminary report and requesting her to submit an interim report;

-- On harmful traditional practices affecting the health of women and the girl child, appealing to all States concerned to intensify efforts to develop awareness of, and mobilize national public opinion concerning the harmful effects of all forms of harmful traditional practices;

-- and on human rights and non-State actors, asking the Commission on Human Rights to approve its decision to request Experts Gaspar Bíró and Antoanella-Iulia Motoc to prepare a working paper on human rights and non-State actors.

Organization of Work

Under this agenda item, the Subcommission adopted a measure:

-- On technical cooperation, deciding to request Experts Gudmundur Alfredsson and Ibrahim Salama to prepare a working paper on the content and delivery of technical cooperation in the field of human rights;

-- On resolution under item 1 with regard to item 2 of the agenda, deciding to entrust Expert Francoise Jane Hampson with the preparation of a working paper on the organization, the content and the outcome of the Subcommission’s work under agenda item 2;

-- On methods of work of the Subcommission, deciding to entrust Expert Emmanuel Decaux with the preparation, without financial implications, of a working paper on the methods of work of the Subcommission relating to the choice of subject and the preparation of reports and on how the Subcommission should organize its work so as to ensure full consideration of reports by members of the Subcommission, non-governmental organizations, national delegations and other interested parties; and

-- Adopted a text confirming the composition of its Working Groups for 2005.

Draft Provisional Agenda and Adoption of Report

Under this agenda item, the Subcommission approved measures:

-- On the draft provisional agenda for the fifty-seventh session of the Subcommission, which lists the agenda items for the 2005 session;

-- On the draft report of the Subcommission on the Promotion and Protection of Human Rights on its fifty-sixth session; and

-- On the resolutions and decisions adopted by the Subcommission at its fifty-sixth session.

Chairperson’s Statement

SOLI B. SORABJEE (Chairman of the fifty-sixth session of the Subcommission) said this year, as well as in previous years, some observer representatives and non-governmental organizations (NGOs) had made personal accusations or insinuations, orally or in writing, about the integrity and impartiality of certain expert members of the Subcommission.  This was totally unacceptable.  There was deep regret that this had happened again during this year’s session, and all observer representatives and NGOs were appealed to strongly to refrain from making personal accusations or insinuations, orally or in writing about expert members of the Subcommission.

Membership of Subcommission

The members and alternates (*) of the Subcommission are Miguel Alfonso Martinez, *Juan Antonio Fernandez Palacios (Cuba); Gudmundur Alfredsson, *Jakob Möller (Iceland); Jose Bengoa (Chile); Gáspár Bíró (Hungary); Mark Bossuyt (Belgium); Chen Shiqiu, *Liu Xinsheng (China); Mohamed Habib Cherif, *Habib Achour (Tunisia); Chin Sung Chung, *Ji-ah Paik (Republic of Korea); Emmanuel Decaux, *Michele Picard (France); Rui Baltazar Dos Santos Alves, *Cristiano Dos Santos (Mozambique); El Hadji Guisse (Senegal); Francoise Jane Hampson (the United Kingdom); Vladimir Kartashkin, *Oleg S. Malguinov (the Russian Federation); Kalliopi Koufa, *Nikolaos Zaikos (Greece); Antoanella-Iulia Motoc, *Victoria Sandru-Popescu (Romania); Florizelle O’Connor (Jamaica); Paulo Sergio Pinheiro, *Marilia Sardenberg Zelner Gonçalves (Brazil); Lalaina Rakotoariso (Madagascar); David Rivkin, *Lee A. Casey (United States); Ibrahim Salama, *Amani Kandil (Egypt), Abdul Sattar, *Khalid Aziz Babar (Pakistan); Soli Jehangir Sorabjee (India); Janio Iván Tunón Veilles (Panama); N.U.O. Wadibia-Anyanwu, *Christy Ezim Mbonu (Nigeria); Halima Embarek Warzazi (Morocco); and Yozo Yokota, *Yoko Hayashi (Japan).

The Chairperson of the fifty-fifth session was Soli Jehangir Sorabjee.  Vice-Chairpersons were Lalaina Rakotoarisoa, Antoanella-Iulia Motoc, and Françoise Jane Hampson.  The Rapporteur was Paulo Sergio Pinheiro.

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