SUB-COMMISSION ADOPTS MEASURES ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS; PREVENTION OF DISCRIMINATION; OTHER ISSUES

Sub-Commission on the Promotion
and Protection of Human Rights
54th session
14 August 2002
Afternoon


Calls for Joint Working Paper on Battling Extreme Poverty;
Reference by WTO to Human Rights Standards;
Appointment of 3 New Special Rapporteurs



The Sub-Commission on the Promotion and Protection of Human Rights adopted 32 measures and resolutions this afternoon under its agenda items on economic, social and cultural rights; prevention of discrimination; and specific human rights issues, including such matters as women and human rights and contemporary forms of slavery.
The Sub-Commission, among other things, requested five of its members to prepare a joint working paper on the need to develop guiding principles in the implementation of existing human rights norms and standards in the context of the fight against extreme poverty.
It recommended that the secretariat of the World Trade Organization and the members of its Council for Trade in Services include consideration of the human rights implications of the international trade in services and take into account the relevant reports of the High Commissioner for Human Rights; and requested the High Commissioner to submit a report on human rights, trade and investment, including specific attention to the human rights implications of privatization, to the Sub-Commission at its fifty-fifth session.
It called for the establishment of a group of experts, a special rapporteur or a working group to receive information and to undertake effective measures with regard to human rights violations or abuses committed by transnational corporations and other enterprises.
The Sub-Commission invited the High Commissioner for Human Rights to explore the possibility of convening a world conference on indigenous peoples in 2004.
It called for greater support for ensuring the right to food; recommended the holding of further regional seminars on the rights of minorities; called for a follow-up workshop on indigenous peoples and their relationships with private sector natural resources and energy and mining companies; and appealed again to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted.
It called for intensified efforts to eradicate traditional practices harmful to the health of women and girls, and urged greater steps to end trafficking in women and children for purposes prostitution, and for further measures to eradicate child labour, bonded labour, and corruption related to trafficking in women and children.
The Sub-Commission said 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.
It requested its parent body, the Commission on Human Rights to authorize appointment of Sub-Commission Experts as Special Rapporteurs to carry out studies on housing and property restitution in the context of refugees and other displaced persons; on prevention of human rights violations committed with small arms and light weapons; and on indigenous peoples' permanent sovereignty over natural resources.
It requested an additional progress report from its Special Rapporteur on terrorism and human rights, and sought working papers on corruption and its impact on the enjoyment of human rights; on discrimination based on work and descent in regions other than those already covered; on regulation of citizenship by successor States with respect to nationals of the predecessor States; on the rights of women married to foreigners (a resolution adopted by a show-of-hands vote of 21 in favour and 1 opposed); on rural poverty; on possible outputs of the seminar on treaties for possible consideration by the Commission on Human Rights; and on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights.
The Sub-Commission requested expanded working papers on the topics of reservations to human rights treaties; and on human rights and weapons of mass destruction, or with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering (adopted by a show-of-hands vote of 17 in favour and 3 opposed, with 2 abstentions).
Sub-Commission Experts were also asked to continue with their working papers on globalization and its full impact on human rights; the right to drinking water and sanitation; the rights of minorities; and traditional practises affecting the health of women and the girl child.
The Sub-Commission will reconvene at 10 a.m. on Thursday, 15 August, to act on several draft resolutions still remaining before it. It will then continue with its general debate on specific human rights issues.

Action on Measures and Resolutions on Economic, Social and Cultural Rights
In a measure (E/CN.4/Sub.2/2002/L.8) on globalization and its full impact on human rights, adopted without a vote, the Sub-Commission decided to request the Special Rapporteurs on the topic to submit their final report and to present it in person to the Sub-Commission at its fifty-fifth session, in the expectation that the final report will be submitted to the Commission on Human Rights at its sixtieth session.
In a resolution (E/CN.4/Sub.2/2002/L.15) on promotion of the realization of the right to drinking water and sanitation, adopted without a vote, the Sub-Commission subscribed to the remarks of the relevant Expert and Special Rapporteur on the subject that various obstacles linked to the realization of everyone to drinking water and sanitation seriously impeded the realization of economic, social and cultural rights, and that equality was an essential element for effective participation in the realization of the right to development and the right to a healthy environment; and requested the Special Rapporteur to continue his study, taking into account questions related to the realization of the right to development, in order to determine the most effective means of reinforcing activities in this field.
In a resolution (E/CN.4/Sub.2/2002/L.16) on housing and property restitution in the context of refugees and other displaced persons, adopted without a vote, the Sub-Commission urged all States to ensure the free and fair exercise of the right to return to one's home and habitual residence and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right; reiterated that the adoption or application by States of laws designed to or resulting in the loss or removal of this right posed serious impediments to the return and reintegration of refugees and internally displaced persons and to reconstruction and reconciliation; affirmed that the remedy of compensation should only be used when the remedy of restitution was not possible or when the injured party knowingly and voluntarily accepted compensation in lieu of restitution; decided to appoint Paulo Sergio Pinheiro Special Rapporteur to prepare a comprehensive study of the matter; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, said that his position on resolution L.16 had been the same since 1998. He would have wanted to see elements included that had not been included. He would submit written clarifications at a later time for future work on this subject.
In a resolution (E/CN.4/Sub.2/2002/L.17) 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, adopted without a vote, the Sub-Commission requested that the draft norms on responsibilities of transnational corporations and other business enterprises with regard to human rights be widely circulated; recommended that the relevant working group and the Sub-Commission continue efforts to explore possible mechanisms for implementing the draft norms, such as the use of the norms as a basis for determining the purchase of goods and services from and the partnerships developed with transnational corporations, and the establishment of a group of experts, a special rapporteur or a working group to receive information and undertake effective measures with regard to human rights violations or abuses committed by transnational corporations and other enterprises; and invited members of the working group and in particular the authors of the commentary on the norms on responsibilities to continue working on the commentary so that it might serve as a reference for the practical implementation and further development of the draft norms.
In a resolution (E/CN.4/Sub.2/2002/L.18) on the study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, adopted without a vote, the Sub-Commission re-iterated its invitation to Expert Fried Van Hoof to prepare, without financial implications, a working paper on the topic.
In a measure (E/CN.4/Sub.2/2002/L.20) on corruption and its impact on the enjoyment of human rights, adopted without a vote, the Sub-Commission decided to entrust Christy Ezim Mbonu with preparing a working paper on the topic to be presented to the Sub-Commission at its fifty-fifth session.
In a resolution (E/CN.4/Sub.2/2002/L.28) on the right to food, and international guidelines for its implementation, adopted without a vote, the Sub-Commission appealed to all States to support and contribute to the work of the intergovernmental working group to be established under the auspices of the Food and Agriculture Organization to elaborate a set of voluntary guidelines to support efforts to realize the right to adequate food with a view to achieving an inclusive and effective process that could be concluded within the time set by the World Food Summit: five years later; called upon the Office of the High Commissioner for Human Rights to extend its cooperation to the Food and Agriculture Organization on the matter; called upon civil society to assist the intergovernmental working group constructively, especially by taking into account the voices of the poor; recommended that the fourth consultation on the right to food should start with a broad consultation; and urged Member States to consider holding national seminars to initiate or develop dialogues on the scope of and conditions for implementing the right to food.
In a resolution (E/CN.4/Sub.2/2002/L.29) on human rights, trade and investment, adopted without a vote, the Sub-Commission reaffirmed the relevance and importance of human rights obligations in all areas of governance and development, including international and legal trade, investment and financial agreements, policies and practices, and renewed its request to all Governments and economic policy fora, including the World Trade Organization (WTO), the World Bank and the International Monetary Fund, to take international human rights obligations and principles fully into account in policy formulation and implementation; reiterated its declaration that sanctions and negative conditionalities were not appropriate ways of promoting the integration of human rights in international economic policy and practice; recommended that the secretariat of the WTO and the members of its Council for Trade in Services, when conducting assessments of the General Agreement on Trade in Services and when engaging in service-related capacity-building and technical assistance activities, include consideration of the human rights implications of the international trade in services and take into account the relevant reports of the High Commissioner for Human Rights; encouraged the High Commissioner to request observer status with the Council for Trade in Services and, where appropriate, to make submissions in relation to the human rights implications of the negotiations; recommended that the Working Group on Trade and Investment, the Ministerial Conference and other relevant bodies of the WTO include consideration of human rights and sustainable development implications in their decision-making; requested the High Commissioner to submit a report on human rights, trade and investment, including specific attention to the human rights implications of privatization, to the Sub-Commission at its fifty-fifth session; encouraged the High Commissioner to hold briefings on human rights approaches to trade liberalization for trade policy makers; and requested the High Commissioner to make a comprehensive submission on human rights, trade, and investment to the Fifth Ministerial Conference of the WTO.
In a resolution (E/CN.4/Sub.2/2002/L.33) on the Social Forum, adopted without a vote, the Sub-Commission requested the Commission on Human Rights to recommend to the Economic and Social Council that it authorize the Sub-Commission to hold an intersessional forum known as the Social Forum for two days that would permit the participation of 10 members of the Sub-Commission; reiterated its decision that the Social Forum would meet every year; recommended that it address such themes as the interaction between civil, political, economic, social and cultural rights; the relationship between poverty, extreme poverty and human rights in a globalized world; the effect of international trade, finance and economic policies on income distribution; the impact of trade, finance and economic policies on vulnerable groups; the impact of international development cooperation on the realization of economic, social and cultural rights; and follow up to agreements reached at world conferences and summits; decided that the next Social Forum would address the theme of "the relationship between globalization and rural poverty and the rights of peasants, pastoralists and other rural communities"; requested Jose Bengoa to prepare a working paper on rural poverty; requested the Office of the High Commissioner for Human Rights to seek effective means of ensuring consultation, including electronic consultation, with the most vulnerable on the theme selected for discussion at the Social Forum; and recommended to the Commission on Human Rights a draft decision to this effect for adoption.
In a resolution (E/CN.4/Sub.2/2002/L.34) on implementation of existing human rights norms and standards in the context of the fight against extreme poverty, adopted without a vote, the Sub-Commission reaffirmed that widespread extreme poverty inhibited the full and effective enjoyment of human rights and that its immediate alleviation and eventual eradication must remain a high priority of the international community; re-emphasized that it was a major issue to be addressed by Governments, civil society organizations and the United Nations system, and that political commitment was a prerequisite for the eradication of poverty; requested Iulia-Antoanella Motoc, Asbjorn Eide, Yozo Yokota, El Hadji Guisse, and Jose Bengoa, with Mr. Bengoa as coordinator and Emmanuel Decaux and Paulo Sergio Pinheiro as alternates, to prepare a joint working paper in three stages on the need to develop guiding principles in the implementation of existing human rights norms and standards in the context of the fight against extreme poverty; requested Governments to cooperate with this research; requested the authors specifically to consider situations of poverty in Asia, Africa, Europe and Latin America; and requested that the authors present conclusions and recommendations in order to contribute to work on a draft declaration on extreme poverty and human rights.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, said it would be useful to recall what had been set out at the outset concerning poverty. Poverty must be confronted in general, not only extreme cases.
In a resolution on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (E/CN.4/Sub.2/2002/L.50), adopted without a vote, the Sub-Commission urged the Commission on Human Rights at its fifty-ninth session to mandate the open-ended working group of the Commission to proceed with the drafting of the substantive text of an optional protocol to the International Covenant on Economic, Social and Cultural Rights, and decided to continue to follow progress in the further elaboration and the adoption of a draft optional protocol at its fifty-fifth session under the same agenda item.

Action on Measures and Resolutions on Prevention of Discrimination
In a resolution (E/CN.4/Sub.2/2002/L.4) on indigenous peoples' permanent sovereignty over natural resources, adopted without a vote, the Sub-Commission decided to appoint Erica-Irene A. Daes Special Rapporteur to undertake a study of the topic, based on her working paper; requested her to submit a preliminary report to the Sub-Commission at its fifty-fifth session and a final report at its fifty-sixth session; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
In a resolution (E/CN.4/Sub.2/2002/L.22) on the rights of minorities, adopted without a vote, the Sub-Commission welcomed the holding of the International Seminar on Cooperation for the Better Protection of the Rights of Minorities in Durban, South Africa, on 1,2, and 5 September 2001; noted that 2002 marked the tenth anniversary of the adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and recommended that the Office of the High Commissioner for Human Rights be requested to ask for additional pamphlets to be prepared for inclusion in the United Nations Guide for Minorities; took note of the third African workshop on multiculturalism held in Gaborone in February 2002 and the intention of the Working Group on Minorities to hold seminars in other regions; noted the holding of the first seminar on Afro-descendants issues in the Americas, held in Honduras in March 2002, and recommended that follow-up meetings be held in 2003 or 2004; recommended that the High Commissioner for Human Rights, when inviting views on how best to protect minorities, also request Governments to provide the names of experts with a view to facilitating their participation in regional and international meetings and in advisory services, and to consider providing information about recent cases relating to minority rights considered in the highest courts of the country; noted that the Working Group planned future thematic discussions on the preparation of a code of conduct relating to minorities and on mainstreaming the human rights of persons belonging to minorities in national development plans and international development cooperation; and requested Asbjorn Eide to update, without financial implications, his study on peaceful and constructive approaches to situations involving minorities and to submit a progress report on the update to the Sub-Commission at its fifty-fifth session.
In a resolution (E/CN.4/Sub.2/2002/L.24) on the Working Group on Indigenous Populations, adopted without a vote, the Sub-Commission expressed its full support for the continuing need and therefore for the continuation of the Working Group; requested the group's Chairman-Rapporteur to contact the Economic and Social Council to request that he be involved in consultations regarding United Nations mandates dealing with indigenous issues; requested the Commission on Human Rights to express its support for the continuing need for the Working Group; and recommended a draft decision to that effect to the Commission for adoption.
In resolution on the rights of non-citizens (E/CN.4/Sub.2/2002/L.31), adopted without a vote, the Sub-Commission reminded Governments, intergovernmental organizations, the human rights treaty bodies and non-governmental organizations that replies to a questionnaire and references to additional information concerning the right and status of non-citizens would be helpful in preparing the final report. The Sub-Commission decided to extend the deadline for replies to the questionnaire to 15 November 2002 and requested the Office of the High Commissioner for Human Rights to send a reminder, including the questionnaire, to all recipients noting the new deadline for replies.
In a resolution on the recognition of the meritorious work done by Erica-Irene A. Daes as Chairperson-Rapporteur of the Working Group on Indigenous Populations (E/CN.4/Sub.2/2002/L.37), adopted without a vote, the Sub-Commission decided to declare her a permanent honorary member of the Working Group.
In a resolution on the International Decade of the World's Indigenous People (E/CN.4/Sub.2/2002.L.38), adopted without a vote, the Sub-Commission recommended that the High Commissioner, in consultation with interested Governments, organize meetings and other activities in all regions of the world within the framework of the International Decade in order, inter alia, to raise public awareness about indigenous issues; invited Miguel Alfonso Martinez to prepare a short working paper identifying the themes and possible outputs of the seminar on treaties for possible consideration by the Commission on Human Rights at its fifty-ninth session; recommended that High Commissioner organize, in collaboration with the United Nations Conference on Trade and Development and the International Labour Organization and other relevant organizations, a follow-up workshop on indigenous peoples, private sector natural resource, energy and mining companies and human rights in order to contribute to the ongoing work of the sessional Working Group on the working methods and activities of transnational corporations of the Sub-Commission; and invited the High Commissioner to explore the possibility of convening a world conference on indigenous peoples in 2004 to review the achievements of the Decade and recommend future action in relation to indigenous peoples.
In a resolution on the presentation of the report of the Working Group on Indigenous Populations on its twentieth and twenty-first sessions to the Permanent Forum on Indigenous Issues (E/CN.4/Sub.2/2002.L.39), adopted without a vote, the Sub-Commission decided to approve the decision to invite the Chairperson-Rapporteur of the twentieth session of the Working Group on Indigenous Populations to attend the second and third sessions of the Permanent Forum on Indigenous Issues in 2003 and 2004 and to present to them the reports of the twentieth and twenty-first sessions of the Working Group, respectively, and recommended to the Economic and Social Council that it endorse the present decision.
In a resolution on the Working Group on Indigenous Populations (E/.CN.4/Sub.2/2002/L.40), adopted without a vote, the Sub-Commission requested the High Commissioner, in consultation with interested Governments, to continue efforts to organize meetings on indigenous issues in different parts of the world so as to provide greater opportunity for participation by indigenous peoples and to raise public awareness about issues affecting them; requested the High Commissioner to encourage studies with respect to the rights to food and adequate nutrition of indigenous peoples and indigenous peoples and poverty, stressing the linkage between their present situation and their land rights, and to develop further cooperation with the Food and Agricultural Organization of the United Nations and the World Food Programme on indigenous issues; invited indigenous organizations and the indigenous caucus to submit a working paper on appropriate action that might be undertaken by the Working Group as follow-up to the World Conference against Racism; and recommended that the Commission on Human Rights, in view of the adoption of Economic and Social Council resolution 2002/22 that permits indigenous organizations to participate in the work of the Permanent Forum on Indigenous Issues on the same basis as the Working Group on Indigenous Populations, adopt a similar procedure for participation in the Working Group established in accordance with Commission resolution 1995/32, in order to ensure consistency in matters relating to the participation of indigenous peoples in the work of the United Nations affecting them.
In a resolution on discrimination based on work and descent (E/.CN.4/Sub.2/2002/L.42), adopted without a vote, the Sub-Commission decided to entrust Mr. Eide and Mr. Yokota with the preparation, without financial implications, of an expanded working paper on the topic of discrimination based on work and descent in regions other than those already covered, taking into consideration the comments made at the fifty-third and fifty-fourth sessions of the Sub-Commission, to be considered at its fifty-fifth session.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, requested that Mr. Eide and Mr. Yokota concentrate on whether the positive steps taken concerning discrimination based on work and descent filtered down to the really disadvantaged sections of society.
In a resolution on the concept and practice of affirmative action, (E/.CN.4/Sub.2/2002/L.47), adopted without a vote, the Sub-Commission welcomed the final report on the topic by Special Rapporteur Marc Bossuyt and decided to transmit it to the Commission on Human Rights and the Committee on the Elimination of Racial Discrimination and requested that it be translated into all official languages of the United Nations and be widely disseminated.

Action on Measures and Resolutions on Specific Human Rights Issues
In a measure (E/CN.4/Sub.2/2002/L.7) on the humanitarian situation of the Iraqi population, adopted without a vote, the Sub-Commission decided to appeal again to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted; and also decided to urge the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the delivery of food, medical supplies and the wherewithal to meet their basic needs.
EL HADJI GUISSE, Sub-Commission Expert, said it was a resolution with a humanitarian content concerning the health of the Iraqi population. It was a humanitarian context that was being addressed in this resolution.
DAVID WEISSBRODT, Sub-Commission Expert, said it concerned him that the Commission on Human Rights had asked the Sub-Commission not to mention any country situation. It was problematic that the Sub-Commission was once against adopting this measure, however, he would join the consensus.
HALIMA EMBAREK WARZAZI, Sub-Commission Expert, thanked members of the Sub-Commission for adopting the resolution without a vote.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, placed on the record that she agreed with Mr. Weissbrodt.
SOO GIL PARK, Sub-Commission Expert, said he often thought about the restrictions under which the Sub-Commission worked, and the prohibition on mentioning particular countries, but he thought the restriction must be interpreted so as to promote the interests of human rights as a whole. Therefore he agreed with Mrs. Hampson and Mr. Weissbrodt.
In a resolution on international protection for refugees (E/.CN.4/Sub.2/2002/L.45), adopted without a vote, the Sub-Commission urged the international community to make greater efforts to address the needs of persons seeking asylum by ensuring access to fair and efficient asylum procedures or, where they did not exist, by facilitating access to the Office of the High Commissioner for Refugees in order that it may determine their status; called upon States to avail themselves of legal, technical and logistical assistance from the Office of the High Commissioner for Refugees to build adequate protection capacities to receive and host refugees, and reminded States of their obligation not to return people to territories where they had a well-founded fear of being persecuted upon their return.
A proposed amendment to replace the word "people" with the word "refugees" in the last sentence was defeated by a show-of-hands vote of 9 in favour and 13 opposed, with 2 abstentions.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said he thought some of the provisions of L.45 were in contradiction with some principles of contemporary international law. Hence he said he could not co-sponsor the resolution. But he would not block consensus.
HALIMA EMBAREK WARZAZI, Sub-Commission Expert, said the draft of L.45 had come at the last minute; she had not really been consulted and she did not like not being consulted. She would not be a co-sponsor but would not block consensus.
SOO GIL PARK, Sub-Commission Expert, said he took note of these comments; he understood their sentiments and thought the problem resulted only from the confusion of having L.45 replace L.19. He could not be happier with Mrs. Hampson's version.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, explained that if the resolution would have been put to a vote, he would have abstained.
CHEN SHIQIU, Sub-Commission Expert, said he did not agree with every word in the resolution L.45. He did not agree with the use of the word "people". It was a misleading word. It could mean refugees, non-citizens, drug traffickers, criminals, the brothers of Bin Laden. Also this language did not relate to the one main international Convention relating to refugees. He wondered if Mrs. Hampson could tell him in which international human rights instrument the word "people" was used to mean "refugees". Still, he had not blocked consensus.
ABDEL SATTAR, Sub-Commission Expert, said his explanation was exactly the same as that of Mr. Martinez.
EL HADJI GUISSE, Sub-Commission Expert, said he would have voted against, if there had been a vote on L.45. Two resolutions had been in circulation at the same time. The switch from one to the other had been confusing; the one switched to had not been circulated enough. He hoped this procedure would not be repeated.
GODFREY BAYOUR PREWARE, Sub-Commission Expert, said he had been a co-sponsor of resolution L.19 that had been withdrawn, it would have been more logical that L.19 had remained and that L.45 had been withdrawn he said. Mr. Preware had gone with the consensus but felt uncomfortable about some of the language in L.45, particularly the use of the term 'peoples'.
MANUEL RODRIGEZ-CUADROS, Sub-Commission Expert, said he voted against the amendment to L.45 because human rights instruments established States' obligations to protect the human rights of all persons on their territory. The possibility for a State to expel from its territory persons to another territory when there were threats to their lives or physical abuse would be a threat to their human rights.
In a resolution (E/CN.4/Sub.2/2002/L.21) on terrorism and human rights, adopted without a vote, the Sub-Commission requested the relevant Special Rapporteur to continue her direct contacts with the competent services and bodies of the United Nations and requested her to visit United Nations Offices in New York and Vienna as soon as possible to expand her research and update the information for her study; requested the Secretary-General to transmit the progress report of the Special Rapporteur to Governments, specialized agencies, and other concerned organizations; requested the Secretary-General to continue to collect information on the implications of terrorism and the effects of the fight against terrorism on human rights, and to make it available to the Special Rapporteur; requested the Special Rapporteur to submit an additional progress report to the Sub-Commission at its fifty-fifth session which should include a discussion of national, regional and international measures adopted and/or applied after 11 September 2001, and of the conceptual debate arising therefrom; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
In a resolution (E/CN.4/Sub.2/2002/L.23) on the prevention of human rights violations caused by the availability and misuse of small arms and light weapons, adopted without a vote, the Sub-Commission encouraged States to adopt laws and policies regarding the manufacture, transfer and use of such weapons that complied with principles of international human rights and international humanitarian law; encouraged States to provide training to armed forces and law-enforcement personnel on basic principles of international human rights and humanitarian law with regard to use of weapons; requested that those who documented human rights abuses seek out information and report specifically on abuses committed with small arms and light weapons; decided to appoint Barbara Frey as Special Rapporteur to prepare a comprehensive study on the prevention of human rights violations committed with such weapons; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
EL HADJI GUISSE, Sub-Commission Expert, said that he had accepted this resolution but wanted to make it clear that this study must not simply see the responsibility of States in which the arms posed a problem, but also States that manufactured the arms.
In a resolution (E/CN.4/Sub.2/2002/L.25) on traditional practices affecting the health of women and the girl child, adopted unanimously, the Sub-Commission appealed to all States concerned to intensify efforts to develop awareness of and mobilize national public opinion concerning the harmful effects of such traditional practices in order to achieve their total eradication; requested all non-governmental organizations dealing with women's issues to continue to devote part of their activities to the study of such practices and ways and means of eradicating them, and to inform the relevant Special Rapporteur of any situation which merited the attention of the international community; welcomed the progress made in combatting such practices, including female genital mutilation; appealed to the international community to provide support to non-governmental organizations and groups working to achieve the elimination of these practices; called upon Governments to give full attention to the relevant plan of action and to submit information on the topic regularly to the Sub-Commission; considered that one of the most effective means for combatting such practices was the raising of awareness through regional seminars; reiterated its proposal that three seminars be held in Africa, Asia, and Europe to review progress achieved since 1985 and ways and means of overcoming obstacles to implementing the plan of action, and appealed for funding for these activities; requested the High Commissioner for Human Rights to assist by raising funds for the organization of the seminars; and requested the relevant Special Rapporteur to submit an updated report to the Sub-Commission at its fifty-fifth session.
EL HADJI GUISSE, Sub-Commission Expert, said the traditional practices being discussed in resolution L.25 would gradually disappear. But it had to be accepted that they would not disappear overnight.
In a resolution (E/CN.4/Sub.2/2002/L.26) on the Working Group on Contemporary Forms of Slavery, adopted unanimously, the Sub-Commission called upon all States to ratify International Labour Office Convention No. 182 concerning the prohibition of and immediate action for the elimination of the worst forms of child labour; called upon States to ensure that such labour was prohibited and that the penalties were commensurate with the crimes committed; urged States to enact and implement laws on compulsory and free primary education; requested a non-governmental organization to prepare and submit to the working group an assessment of the implementation of the relevant programme of action for the prevention of the sale of children, child prostitution and child pornography; called upon States to recognize that human trafficking was a gross violation of human rights and to criminalize it in all its forms; urged States to ensure that their policies and laws did not legitimize prostitution as the victims' choice of work; urged sending, transit and receiving States to reinforce their cooperation in preventing trafficking and prostitution; recommended the creation of special observatories to gather information on these problems; called upon United Nations bodies and agencies to prohibit all forms of sexual exploitation by United Nations employees and contract workers and humanitarian aid workers; encouraged States to cooperate to address the problems associated with trafficking in children and the worst forms of child labour; and called upon States to ensure that victims of child trafficking were fully protected and not treated as illegal immigrants.
The Sub-Commission also encouraged strengthened cooperation between national and international law enforcement agencies; urged all States to monitor and enforce laws relating to slavery, slavery-like practices, and corruption; urged States to adopt and enforce legislation prohibiting corruption, including that by public officials; recommended that Governments review, enact, and enforce laws to prevent the misuse of the Internet for the distribution of pornographic images and for trafficking for the purpose of prostitution and the sexual exploitation of women and children; requested Governments to use as evidence of crimes and acts of discrimination advertising, correspondence and other communications over the Internet related to sex trafficking and prostitution; urged States to ensure that protective regulations governed the employment situation of migrants and provided for safe conditions of work, and to investigate and prosecute those responsible or illegal immigration channels; urged States to ratify the relevant Convention on the rights of migrant workers; urged States to prohibit and punish those who confiscated the passports of migrant workers, in particular domestic migrant workers; urged States to enact comprehensive legislation to prohibit bonded labour in all its forms; called upon States to provide support to organizations assisting victims of bonded labour; recommended the creation of an inter-agency group, operational at the local level and responsible at the national level, for eliminating the practice of debt bondage; invited States concerned to introduce consolidated legislation on forced labour and to speed up criminal proceedings to punish it; and appealed to all Governments to send observers to the meetings of the Working Group.
In a resolution (E/CN.4/Sub.2/2002/L.27) on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, adopted without a vote, the Sub-Commission expressed gratitude to Governments, organizations, trade unions and individuals who contributed to the Fund and encouraged them to continue doing so; expressed its appreciation for the participation at the twenty-seventh session of the Working Group on contemporary forms of slavery of eight representatives of non-governmental organizations working in six different countries in Africa, Asia and Europe financed by the Fund; invited the Board of Trustees of the Fund to continue to promote the participation in the Working Group of individuals and organizations from as large a number of countries as possible; noted that twenty-one project grants were provided by the Fund to local non-governmental organizations; expressed its support for the work of the Board of Trustees, in particular their fund-raising activities; and appealed to all to respond favourably to requests for contributions to the Fund.
In a resolution on reservations to human rights treaties (E/CN.4/Sub.2/2002/L.30), adopted without a vote, the Sub-Commission decided to request Ms. Francoise Hampson to submit an extended working paper on reservations to human rights treaties to the Sub-Commission at its fifty-fifth session.
In a resolution on regulation of citizenship by successor States (E/CN.4/Sub.2/2002/L.35), adopted without a vote, the Sub-Commission decided to request Vladimir Kartashkin to prepare, without financial implications, a working paper on the regulation of citizenship by successor States with respect to nationals of the predecessor States and to submit his working paper to the Sub-Commission at its fifty-fifth session.
In a resolution on the rights of women married to foreigners (E/CN.4/Sub.2/2002/L.36), adopted by a show-of-hands vote of 21 in favour and 1 opposed, the Sub-Commission decided to request Vladimir Kartashkin to prepare, without financial implications, a working paper on the rights of women married to foreigners, taking into consideration the comments made by members of the Sub-Commission, and to submit his working paper to the Sub-Commission at its fifty-fifth session.
EL HADJI GUISSE, Sub-Commission Expert, said it was an ambiguous resolution, married women had rights whatever their status. Talking about married women confused the issue, he said and called for a vote.
In a resolution on systematic rape, sexual slavery and slavery-like practices (E/CN.4/Sub.2/2002/L.41), adopted without a vote, the Sub-Commission reiterated 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 encouraged States to promote human rights education on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts, paying special attention to the accuracy of textbooks on historical events, in an effort to prevent the recurrence of such violations. The Sub-Commission called upon the High Commissioner to monitor the implementation of the resolution and to submit a report to the Sub-Commission at its fifty-fifth session.
In a resolution on human rights and weapons of mass destruction, or with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering (E/CN.4/Sub.2/2002/L.43), adopted by a show-of-hands vote of 17 in favour and 3 opposed, with 2 abstentions, the Sub-Commission decided to request former Sub-Commission Expert Y.K.Y. Sik Yuen to submit, without financial implications, an expanded and updated working paper on this topic to be considered at its fifty-fifth session.
A proposed amendment to add Francoise Jane Hampson as an additional author of the working paper and to define the paper as "a human rights analytical framework for the examination of issues relating to the possession and use of weapons with indiscriminate effect and conventional weapons, taking into account, international humanitarian law, the work of the International Committee of the Red Cross, and other sources of relevant information", was defeated on a show-of-hands vote of 4 in favour and 14 opposed, with 3 abstentions.
VLADIMIR KARTASHKIN, Sub-Commission Expert, said that he abstained on the vote on the amendment since two or three minutes were not enough to consider it. He had had no time to make up his mind.
ABDEL SATTAR, Sub-Commission Expert, said there were those who had not participated in the vote. He had not participated because all the aspects of the proposed amendment had been voted on together. He thought the part on proposed instruments and documents to be taken into account was a constructive contribution; he hoped that aspect of the amendment would be taken into account by the author of the working paper.
DAVID WEISSBRODT, Sub-Commission Expert, said he had been reluctant to take the floor. He had great respect for Mr. Sik Yuen but he had many questions about this decision. The quality of the report itself confused the categories of weapons suggesting that it was confusing aspects of international law. A grave question was if it even was a good idea to have a non-present member of the Sub-Commission taken part in the working paper. He regretted not having spoken earlier. He stressed that it was unusual for a member to nominate herself, as Ms. Hampson had. Many colleagues had not been given enough time to consult. He had severe doubts about the whole issue.



* *** *