SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS OPENS FIFTY-THIRD SESSION

Subcommission on the Promotion
and Protection of Human Rights
53rd session
30 July 2001
Morning



Hears Address by High Commissioner for Human Rights;
David Weissbrodt Elected Chairman

The Subcommission on the Promotion and Protection of Human Rights convened its fifty-third session this morning, electing officers, adopting its agenda for the three-week series of meetings and hearing an address by High Commissioner for Human Rights Mary Robinson.

Mrs. Robinson said among other things that the Subcommission had made important contributions to preparations for the upcoming World Conference against Racism and also had regularly made unique contributions in the field of human rights through its thematic working groups and its studies on emerging and cutting issues, such as globalization and its effects on human rights.

Elected Chairman of the fifty-third session was David Weissbrodt, who said in an address that the Subcommission had taken many steps to advance human rights over the years -- it was among the first to interact closely with non-governmental organizations (NGOs); was one of the first to propose and support the World Conference against Racism; had established working groups on vital issues such as indigenous populations, contemporary forms of slavery, minority rights, the administration of justice and the working methods of transnational corporations; and it continued to discuss human-rights situations in particular countries, with the results of those debates now communicated to the Commission on Human Rights through the summary records. He also said it was important for the group to remember that it was part of a broader network of human rights bodies and that it must continue to carve out a useful and unique position within that system.

Chosen as Vice-Chairpersons were Paulo Sergio Pinheiro, Soo Gil Park, and Stanislav Ogurtsov. Godfrey Bayour Preware was elected Rapporteur.

Leandro Despouy, Chairman of the Commission on Human Rights, said in an address that the Subcommission had spurred progress on important issues, and one recent accomplishment was approval by the Economic and Social Council of a permanent forum within the United Nations system for indigenous populations -- a matter dating from the Subcommission's establishment of a working group on indigenous populations years ago.

And Antoanella-Iulia Motoc, outgoing Subcommission Chairperson, reported on her activities on behalf of the Subcommission since the group's fifty-second session and called for further efforts to streamline the Subcommission's work so that it could continue to make important contributions in its field, saying the number of bodies dealing with human rights was still very small compared with the number and variety of violations of human rights.

Ms. Motoc also announced the death of former Subcommission Expert Ahmed Kahlifa, who had served from 1969 to 2000. A series of Subcommission members eulogized Mr. Khalifa and a moment of silence was observed.

The Subcommission will reconvene in plenary at 10 a.m. on Tuesday, 31 July, to discuss methods of work. It is expected to continue debate on the matter in private session.

Statements

ANTOANELLA-IULIA MOTOC, outgoing Chairperson of the Subcommission, said violations of human rights had continued around the world since the Subcommission's last session, including in Europe; many victims were forgotten; many victims were defenders of human rights; discrimination continued, including discrimination against women, indigenous women, and members of minority groups; and impunity continued to prevail for many human rights violations around the world.

In her annual report to the Commission on Human Rights, Ms. Motoc said, she had detailed the reforms the Subcommission had made in its methods of work; the Subcommission had refrained from duplicating analysis of human rights situations already debated by the Commission, and it had communicated the contents of those situations it had discussed through its summary records. She also had reported on the Subcommission's work at the annual meeting of the Chairpersons of United Nations human rights bodies.

It was important for Subcommission Experts to respect the mandates given them, Ms. Motoc said, as well as for a proper distribution to be given to studies assigned so that all members were heard from. The Subcommission agenda had now been streamlined and had only seven agenda items; the arrangements should enable non-governmental organizations and Governments to know under which agenda items they wished to express their opinions, and should allow the Subcommission to make efficient use of its time. It would not be easy for the Subcommission to perform all its work in the allotted time of three weeks, and further steps should be taken to improve its working methods. It also was vital for Subcommission activities to be transparent and cooperative. The number of bodies dealing with human rights was still very small compared with the number and variety of violations of human rights.

She had to announce a very sad event, Ms. Motoc said. Their former colleague, Ahmed Khalifa, had passed away.

MARY ROBINSON, High Commissioner for Human Rights, said it was vital to achieve a positive outcome from the upcoming World Conference against Racism because that would provide the international community with an ideal occasion for starting the new century by taking decisive steps to fight racism in all its forms. The Subcommission had long ago established a strong reputation in the fight against racism, and the Preparatory Committee now meeting to develop themes for the World Conference would consider several studies initiated and working papers prepared by the Subcommission, including reports on affirmative action and the rights of non-citizens; working papers on globalization in the context of increased incidents of racism; and papers on human rights problems affecting the Roma and on discrimination based on work and descent. Subcommission Experts Paulo Sergio Pinheiro, Erica-Irene A. Daes and Miguel Alfonso Martinez had actively participated in the preparatory process and would represent the Subcommission at the conference itself.

The Subcommission had made unique contributions in the field of human rights, Mrs. Robinson said, through its thematic working groups and its studies on emerging and cutting issues in human rights, such as globalization. One overriding message to come out of the United Nations Millennium Summit last September had been the need to ensure that globalization became a positive force for all the world's people. At the request of the Commission on Human Rights, the Subcommission had already begun a study on the complex issue of globalization and its impact on the full enjoyment of all human rights. Much of the debate had concentrated on economic aspects. More needed to be done to improve understanding of how the processes of globalization affected individual human rights both positively and negatively.

Approval by the Commission on Human Rights for the Subcommission to hold a forum on economic, social and cultural rights, to be known as the Social Forum, was an interesting development, the High Commissioner said, and she hoped it would create new space for dialogue and exchange. She further hoped that the Subcommission and its sessional Working Group on the working methods and activities of transnational corporations had made progress in elaborating human rights guidelines for business enterprises.

DAVID WEISSBRODT, incoming Subcommission Chairman, said the Subcommission had undergone significant changes in the past few years in seeking ways to focus its efforts and to strive to make the most useful contributions it could to the promotion and protection of human rights; it was important for the Subcommission to remember that it was part of a broader network of human rights bodies and that it must continue to carve out a useful and unique position within that system.

The Subcommission had made a long series of contributions over the years, Mr. Weissbrodt said. It was among the first to interact closely with non-governmental organizations (NGOs); was one of the first to propose and work for the World Conference against Racism; and had established working groups on vital issues such as indigenous populations, contemporary forms of slavery, minority rights, the administration of justice, and the methods of transnational corporations. It continued to discuss human-rights situations in particular countries, with the results of those debates now communicated to the Commission on Human Rights through summary records.

The Subcommission had also made a significant contribution in terms of studies on critical issues such as globalization, terrorism, the rights of non-citizens, indigenous rights to land, and traditional practices affecting the health of women and children, Mr. Weissbrodt said. It needed these days to address the concerns of the Commission carefully with proposals that really met the needs of the Commission, the treaty bodies, and the core issues facing the human rights world. It recently had been requested, among other things, to develop guiding principles on implementation of existing human rights norms and standards in the fight against extreme poverty, and to reflect on follow-up to the Universal Declaration on the Human Genome and Human Rights. This year the Subcommission also would organize its first Social Forum. As requested by the Commission, the Subcommission also had to take further steps to improve and streamline its working methods.

LEANDRO DESPOUY, Chairman of the Commission on Human Rights, said it was an honour to speak to the body of which he had been a member for 12 years, for which he had served as a Special Rapporteur on three occasions, and which he had once chaired. The Commission on Human Rights' 2001 session had been intense and agitated; there had been more of everything, including more women officers and more women participants; there had been numerous night sessions and a large number of speakers; these activities had highlighted the increasing visibility the Commission was taking on internationally.

The Commission and Subcommission both had to refine their working methods in the face of increasing time pressure and mushrooming demands on their attention, Mr. Despouy said. The Subcommission had many accomplishments to its credit, including the establishment of the Working Group on Indigenous Populations, the first step on a long road which had recently resulted in the decision by the Economic and Social Council (ECOSOC) to establish a permanent forum on indigenous populations within the United Nations system. The Commission, at the Subcommission's request, also had approved appointment of a Special Rapporteur on the human rights of indigenous populations, and he recently had made that appointment, Mr. Despouy said.

The Subcommission had made great contributions in other fields, such as economic, social and cultural rights, and the question of the effects of globalization, on human rights, Mr. Despouy said. It was noteworthy that an Independent Expert had been appointed by the Commission to investigate the possibility of establishing an open-ended Working Group to elaborate a draft protocol to the International Covenant on Economic, Social and Cultural Rights, as recommended by the Subcommission. And the Commission was thoroughly involved now with issues of globalization.

The Commission had expressed to the Subcommission that it could best help the Commission in its work by carrying out studies in an independent fashion upon the request of the Commission; the Subcommission continued to provide a useful service in its role as a "think tank". Choice of studies by the Subcommission needed to be made carefully, Mr. Despouy said; suggestions by the Commission had not been taken up by the Subcommission very frequently in recent years. It was necessary as well for the Subcommission to function impartially and efficiently.

ERICA-IRENE DAES, Subcommission Expert, said Ahmed Khalifa had been a great human being; he had been a member of the Subcommission from 1969 to 2000. He had also been a member of other committees and working groups. He had been Chairman of the Subcommission, and had offered invaluable services in his capacity as an expert. The so-called Khalifa List, which provided the names of individuals or companies which violated United Nations resolutions, particularly in South Africa, had greatly contributed to the eradication of apartheid. He had served in his country as a Minister of Social Affairs, as a director-general of an institute for social sciences, and chairman of many committees regarding the protection of children. Above all, he had been a philosopher, a protector of human rights, and a teacher for all. He had served the international community, and the international community would remember him forever. It was hoped that the delegation of Egypt would convey condolences to the Government for the loss of Mr. Khalifa.

HALIMA EMBAREK WARZAZI, Subcommission Expert, said she had learned with great sadness of the loss of her dear colleague, Ahmed Khalifa. He had been the group's longest-standing member, and had also been the most dedicated and generous.

MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said the death of a colleague of the dimensions of Dr. Khalifa was not easy. It was difficult to express in words the overwhelming feelings on his death. His contributions would remain with the Subcommission as long as the body existed. The conscience of this Subcommission had been lost.

FAN GUOXIANG, Subcommission Expert, said he was shocked to hear the news of the passing away of Dr. Khalifa who had been an heroic combatant against racism. Dr. Khalifa had set an example of what could be accomplished by a dedicated defender of human rights.

LOUIS JOINET, Subcommission Expert, said Dr. Khalifa had asked him to submit a resolution on apartheid, thinking that it would gain weight if it were submitted by an Expert from a Western power. The resolution had been signed by all members of the Subcommission, but when it had finally been ready, apartheid had been abolished.