COMMISSION DISCUSSES WORK OF SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS

Commission on Human Rights
57th session
17 April 2001
Morning


Concludes Debate on Indigenous Issues



The Commission on Human Rights reviewed this morning the work of its principal subsidiary body, the Subcommission on the Promotion and Protection of Human Rights.
Iulia Antoanella Motoc, Chairwoman of the Subcommission, introducing the group's annual report, said among other things that the panel had followed a rationalized agenda designed to avoid overlap with the Commission's work, that a 'Social Forum' had been created by the body, and that a series of reports had been assigned to and carried out by Subcommission Experts, including a report on the human-rights situation of the Roma that had been put before the Commission.

Two non-governmental organizations (NGOs) addressing the Commission called for further progress on a draft convention to combat enforced disappearances. The draft, developed by the Subcommission, was forwarded to the Commission in 2000.

Earlier in the morning the Commission concluded its discussion of indigenous affairs, hearing from a series of countries outlining Government efforts to improve the situation of indigenous peoples within their borders and calling for further action to conclude elaboration of a draft Declaration on the rights of indigenous peoples. There were repeated calls for the Commission to create a Special Rapporteur on the rights of indigenous peoples.

Contributing to the debate were Representatives of El Salvador (on behalf of several neighbouring countries), Peru, Denmark (on behalf of the Nordic countries), Canada, Guatemala, Argentina, Ecuador, Mexico, South Africa, New Zealand, World Health Organization, Australia, Chile, Nicaragua, Cuba, China, Nigeria, and the NGOs Human Rights Watch (on behalf of three other NGOs) and Permanent Assembly for Human Rights.

Commission Chairman Leandro Despouy said that he had received notes expressing concern about the deterioration of the situation in the occupied Palestinian territories and that he would study the matter carefully.

The Commission will reconvene at 3 p.m. to hear presentation of a report by the High Commission for Human Rights on the situation in Colombia and to take up the Commission's agenda item on the promotion and protection of human rights.


Report of the Subcommission on the Promotion and Protection of Human Rights

Before the Commission under this agenda item is the report of the Subcommission on the Promotion and Protection of Human Rights on its fifty-second session (E/CN.4/2001/2). Chapter I contains draft decisions recommended to the Commission on the issues of, inter alia, the creation of a pre-sessional working group on the administration of justice; establishment of a Social Forum; promotion of the realization of the right to drinking water and sanitation; traditional practices affecting the health of women and the girl child; systematic rape, sexual slavery and slavery-like practices; the Subcommission's Working Group on Indigenous Populations; the International Decade of the World's Indigenous People; the death penalty in relation to juvenile offenders; contemporary forms of slavery; the human rights problems and protection of the Roma; and human rights and human responsibilities. Chapter II lists resolutions and decisions adopted by the Subcommission at its fifty-second session. Chapter III contains an account on the election of officers, adoption of the agenda and methods of work. Chapter IV addresses the question of the violation of human rights and fundamental freedoms in all countries. Chapter V deals with thematic issues relating to the elimination of racial discrimination, including situation of migrant workers and members of their families, xenophobia and the World Conference against Racism. Chapter VI addressed the questions of the international economic order and the promotion of human rights, the realization of the right to development, the question of transnational corporations and the realization of the right to education. Chapter VII addressed the implementation of human rights with regard to women. Chapters VIII to XIII address the human rights of indigenous peoples, prevention of discrimination against and the protection of minorities, the administration of justice and human rights , freedom of movement and the situation regarding the promotion of the rights of children and youth. Finally, chapter XIV reviews further developments in fields with which the Subcommission has been or may be concerned.


Statements on indigenous issues

MIGUEL ANGEL ALCAINE CASTRO (El Salvador), on behalf of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the Dominican Republic, reiterated the importance that these countries gave to the identity and rights of indigenous peoples throughout the world. There were many indigenous peoples in the region, and in some countries they formed the majority of the population. El Salvador and these other countries were making efforts to incorporate indigenous peoples into society and also to promote their participation in various institutions of the State. Because of the importance that these countries gave to the development of indigenous peoples, they had participated in the Commission's Working Group on a draft Declaration on the rights of indigenous peoples. If the Working Group's work was to advance on adopting a Declaration, there was a need to overcome fears and prejudices. Approval of the Declaration was one of the goals of the International Decade for Indigenous Peoples which would conclude in 2004.

El Salvador and the other countries welcomed the initiative of Guatemala and Mexico to encourage the creation of a post of Special Rapporteur to monitor the human rights of indigenous peoples. This would fill the vacuum that currently existed in the Commission concerning this issue. The World Conference against Racism should also give priority to the concerns of indigenous peoples. There was a need to deal with the discrimination that indigenous peoples faced, both individually and collectively. It was also important to facilitate the representation of indigenous peoples at the World Conference against Racism.

LUIS QUESADA INCHAUSTEGUI (Peru) said Peruvian society was fundamentally multicultural and multiethnic, and indigenous populations had played and continued to play a pivotal role. The Government undertook all efforts nationally and internationally to promote the development and equality of opportunities of the indigenous peoples of Peru. This was carried out through the recognition of the ethnic and cultural identity of indigenous peoples and their valuable contributions to the economic, social and cultural development of the country. Since November 1998, the Technical Secretariat on Indigenous Affairs had been promoting better understanding of the needs of the indigenous population. This technical body was charged with coordinating policy relating to indigenous issues, furthering international cooperation in favour of indigenous people, and following up on international commitments undertaken by Peru on the issue.

It should be noted that Peru was one of the few countries which had ratified ILO Convention 169, considered one of the most progressive international instruments concerning the protection of indigenous peoples' rights. Peru had also undertaken a consultative process aimed at drafting a legislative proposal on the protection of traditional knowledge associated with biodiversity and at drafting a proposal aimed at regulating access to the genetic resources of indigenous peoples. Peru was also in favour of the appointment of a Special Rapporteur on the rights of indigenous peoples and did not believe such an appointment would duplicate existing mechanisms.

HENRIK REE IVERSEN (Denmark), speaking on behalf of the Nordic countries Finland, Iceland, Norway, Sweden and Denmark, said the Nordic countries pledged their continuous support to the legitimate cause of the world's indigenous peoples. The International Decade for Indigenous Peoples was a welcome inspiration for promoting recognition of and respect for the rights of indigenous peoples. The first tangible international result of the Decade had been achieved last year when the Commission had recommended to the Economic and Social Council the establishment of a Permanent Forum on Indigenous Issues with a broad mandate and membership from the governmental as well as the indigenous sides. The Nordic countries thought it important that consultations with States and indigenous peoples be undertaken when important decisions on institutional linkages, budget and location of the Secretariat were made. The Nordic countries hoped that the Permanent Forum could hold its first meeting in the summer of 2002.

The drafting of a Declaration on the rights of indigenous peoples had been under way for regrettably too many years. The Working Group on the draft Declaration was an important forum for building on the emerging consensus among Governments and indigenous peoples on this issue. The Nordic countries supported the initiative to establish a mechanism focusing on indigenous rights under the Commission on Human Rights. A Special Rapporteur on indigenous rights would be able to provide valuable input for the discussion and promotion of human rights of indigenous peoples in the Commission and elsewhere. Appointment of a Special Rapporteur would constitute an important recognition of the fact that agenda item 15 of the Commission covered groups of peoples and individuals who found themselves in particularly vulnerable situations in many parts of the world.

WAYNE LORD (Canada) said Canada would introduce a resolution authorizing the open-ended inter-sessional Working Group in accordance with Commission resolution 1995/32 to meet for a period of ten working days prior to the 58th session of the Commission. In doing this, Canada once again reaffirmed its commitment and renewed its efforts to achieve the goal of adopting a Declaration on the rights of indigenous peoples, within the International Decade of the World's Indigenous People. This Working Group was dealing with most complex and fundamental issues concerning the rights of indigenous peoples and was at the forefront of international efforts to develop new relationships and partnerships between indigenous peoples and States.

Canada wished to highlight and reinforce the call for States to support the Voluntary Fund for Indigenous Populations and the Voluntary Fund for the International Decade of the World's Indigenous People. Canada would continue to make modest contributions to these funds and encouraged other States to contribute as well. Canada had reservations about approving the resolution 'Human Rights and Indigenous Issues' and appointing a Special Rapporteur at this session. Collective efforts and scarce resources should be focused on moving forward with existing priorities on which States had made firm commitments: the establishment of the Permanent Forum and further work on the draft Declaration on the rights of indigenous peoples.

CARLA RODRIGUEZ (Guatemala) said Guatemala endorsed the statement by the delegation of El Salvador but would like to elaborate on certain aspects which it considered of particular importance regarding the rights of indigenous peoples. The first was the joint initiative of Guatemala and Mexico, which was sponsored by many countries from various regions around the world. The initiative was not a new one. A decision had been taken at the last session of the Commission by consensus to postpone this initiative. The purpose of the initiative was to provide indigenous peoples with a mechanism for the prevention of violations of their human rights and to improve monitoring these rights. Some claimed that this mechanism would be a duplication of other mechanisms, but that was not so. There was an inexplicable vacuum that needed to be filled. The cost of the creation of this post was unimportant when considering the human rights of indigenous peoples that were being violated around the world. The world's indigenous peoples could not wait until the draft Declaration on the rights of indigenous peoples was adopted so that it could protect their rights. The collective marginalization of and discrimination against indigenous peoples was a problem. Only be recognizing the identity of indigenous peoples could their human rights be ensured. There was a need for a Special Rapporteur for indigenous peoples.

The second aspect that concerned Guatemala was the task of the Commission on Human Rights to approve the draft Declaration. The concept of the draft Declaration coincided with the agreement on the identity and rights of indigenous peoples which was part of the peace agreement signed in 1996. There was a need to agree on four themes. These were the concept of indigenous peoples, recognition of their collective rights, recognition of their collective self-determination and territorial rights and land and natural resources.

HORACIO EMILIO SOLARI (Argentina) said some progress had been achieved in promoting and protecting the rights of indigenous peoples, including the establishment of a Permanent Forum on Indigenous Issues, the Voluntary Fund for Indigenous Populations and various technical cooperation programmes which incorporated indigenous issues into their human-rights programmes. Argentina had made an important step in strengthening the human rights of indigenous peoples by ratifying in July 2000 ILO Convention 169 on indigenous and tribal peoples. This important legal instrument -- which promoted the full realization of the economic, social and cultural rights of these peoples, respecting their social and cultural identities, their traditions and institutions -- had become fundamental law in Argentina.

The Third World Conference against Racism should make further progress on initiatives aimed at promoting the rights of indigenous peoples. In this context, Argentina was carefully considering the proposal to appoint a Special Rapporteur on the situation of the human rights of indigenous peoples. There were approximately 800,000 indigenous people in Argentina, representing 1.5 per cent of the population. The rights of these indigenous peoples were protected by several Constitutional provisions and laws.

ROBERTO BETANCOURT-RUALES (Ecuador) said he wished to express his Government's interest in the work on the human rights of indigenous peoples that was being carried out within the framework of the United Nations, especially the work of the Commission. Ecuador was guided on this issue by the human rights for indigenous peoples which were ensured in its Constitution in the economic, social and cultural areas. Achieving the implementation of these rights was a challenge for Ecuador. The social situation inherited from the past could not be solved immediately, but could only be improved through constant efforts by society and the State. There were many institutions in Ecuador to ensure this. Ecuador had also signed the International Labour Organization Convention 169 concerning indigenous peoples. Organization of the participation of indigenous peoples in political life had increased gradually in Ecuador, which showed the vitality of the democratic system in the country and also showed how the state of law could ensure the aspirations of indigenous peoples. Outside a democratic regime, such aspirations would not prosper. Representatives of over 30 indigenous peoples in Ecuador had set up permanent mechanisms for dialogue on various issues. These so-called 'tables for dialogue' brought together the Government and indigenous peoples, and the Government participated fully in the work of these tables.

Ecuador had supported the work which led to the adoption of a Permanent Forum for indigenous peoples. This body would be made up of experts appointed by States and indigenous peoples and was an expression of the virtues of democratic dialogue, in this case focusing on the rights of indigenous peoples.

MARICLAIRE ACOSTA (Mexico) said Mexico attached priority importance to the issue of indigenous peoples. One of the priorities of the Government was to eradicate poverty and marginalization of indigenous peoples and achieve a lasting peace in Chiapas. Indigenous peoples accounted for 10 per cent of the population of Mexico, spoke 62 different languages and were the poorest among the poor. Whereas the illiteracy rate at the national level stood at 10 per cent, among indigenous people it was 45 per cent. Infant mortality was 28 per 1,000 at the national level; among indigenous peoples it was 48 per 1,000. Whereas at the national level 15 per cent of houses were without potable water, among the indigenous people the percentage was 60. Among the initiatives to tackle these problems were the establishment of a national council for the development of indigenous peoples, the launching of a national health and nutrition programme for indigenous peoples, the setting up of a commission to study traditional medicine and the introduction of bilingual education.

Mexico accorded priority importance to indigenous issues within the United Nations system. It was in favour of the creation of a Permanent Forum on Indigenous Issues and a draft Declaration on the rights of indigenous peoples. Mexico was also in favour of the appointment of a Special Rapporteur on the human rights of indigenous peoples.

HAIKO E. ALFELD (South Africa) said his country again expressed its commitment to the rights of indigenous peoples. South Africa was home to some of the most ancient civilizations in the world. The San and Khoekhoe heritages were an integral part of South African identity and history. During the 300 years of colonialism and 40 years of apartheid rule, the rights of indigenous peoples in South Africa were grossly and systematically violated. Many indigenous peoples and their cultures perished under the onslaught of settler expansion. Since the first democratic elections in 1994, the South African Government had been committed to the principle of redressing past injustices and creating a culture of inclusion and mutual respect. Among other measures, South Africa was in the process of drafting legislation to protect collective intellectual property rights and indigenous knowledge systems in South Africa.

South Africa welcomed the level of attention afforded to the question of the protection and promotion of human rights of indigenous peoples in the preparatory phase of the World Conference against Racism. The Conference presented an historic opportunity for States to officially recognize the identities and rights of indigenous peoples and adopt, with their full participation, administrative, legislative and judicial measures to promote, protect and guarantee the exercise of their fundamental human rights and freedoms. The World Conference should send unequivocal signals to States and indigenous representatives to speedily conclude the negotiation of the draft UN Declaration on the rights of indigenous peoples. South Africa strongly supported the establishment of the Permanent Forum on Indigenous Issues , but noted with concern the lack of resources available to indigenous peoples to conduct their own participatory and inclusive consultation prior to its establishment. South Africa was also seriously considering the proposal to appoint a Special Rapporteur on the human rights of indigenous peoples. The proposal was to be welcomed in principle, but key issues needed to be clarified. South Africa also wished to emphasize that indigenous peoples rights were of global concern and the mandate of the Special Rapporteur should not have a hemispheric bias.

ROGER FARRELL (New Zealand) said that an important historic milestone was achieved last year with ECOSOC's decision to establish a Permanent Forum on Indigenous Issues within the United Nations system. New Zealand was cooperating with the OHCHR in its role as lead agency for the establishment of the Forum and was committed to working with States and indigenous peoples in preparation for the Forum's inaugural meeting in 2002. It was hoped that the Permanent Forum would provide a venue for positive, open and constructive consideration of indigenous issues within the United Nations system, and the delivery of practical benefits to indigenous people. While progress towards an agreed Declaration on the rights of indigenous peoples remained slow, New Zealand was encouraged by the increased level of participation by States, and the more open dialogue between States and indigenous representatives now evident in the Working Group.

In support of the International Decade, the Government continued its work on translating the major international instruments into the Maori language. Last year the Government signalled a new approach to Maori development, one that sought to enhance social equality and placed greater emphasis on cultural development as the underpinning of all development. There was still a long way to go in eliminating social and economic disparities between Maori and non-Maori New Zealanders. Maori continued to experience poorer health, lower income levels, higher unemployment, higher rates of prosecution and conviction, attained fewer educational qualifications, and had lower rates of home ownership than non-Maori. The Government was firmly committed to eliminating these disparities.

JACQUELINE SIMS, of the World Health Organization, said WHO noted with grave concern the dearth of reliable data and information on indigenous peoples' health which impeded a broad national and global understanding of the range and extent of health issues affecting indigenous peoples. Despite the data gaps, some consistent patterns emerged which showed that indigenous peoples everywhere had generally higher morbidity and mortality patterns than other population groups, lower life expectancy, and higher infant and child mortality rates. Basic services such as water, sanitation, transport and energy, all strongly linked to health status, tended to be less frequently available to indigenous communities.

The common denominators linking the types of ill-health experienced by indigenous peoples everywhere were poverty and marginalization, exacerbated by a lack of access to culturally competent health services. Overt or implicit discrimination violated one of the fundamental principles of health rights and often lay at the root of poor health status. WHO intended to work with member States as well as indigenous partners to strengthen systematic data collection by ethnicity, gender and age, and to develop a comparative operational health research programme with strong capacity-building and training components.

PETER HEYWARD (Australia) said that like many other countries, Australia was confronting the legacy of its treatment of indigenous peoples. Past policies often had failed to recognize the significance of indigenous culture and had resulted in the marginalization of Aboriginal and Torres Strait Islander people from the social, cultural and economic development of mainstream Australian society. The Government was committed to addressing indigenous disadvantages which were unacceptable. Australia was spending over US$1 billion in 2000-2001 on indigenous-specific programmes. The emphasis was on practical measures to improve indigenous peoples' health, housing, education, employment and training opportunities.

Over the last decade, there had been a formal process of reconciliation between indigenous and non-indigenous Australians which had generated an on-going people's movement. The Government believed that the pursuit of practical means to improve the well-being and happiness of indigenous Australians and to raise living standards to levels enjoyed and expected by all Australians would be critical to the achievement of lasting reconciliation.

EDGARDO LIENLAF (Chile) said that the recognition of the identity and aspirations of indigenous peoples was a permanent concern of the Government of President Ricardo Lagos, and the integration of the indigenous question into the United Nations system was a top priority for his country. After taking office, the President had publicly announced 16 measures which should enhance and improve the quality of life of the indigenous population. Three funds had been drawn up in order to achieve the objectives of the Government, namely the Indigenous Development Fund, the Culture and Education Fund, and the Indigenous Lands and Waters Fund. Despite what had been achieved in recent years, there had been legal and institutional obstacles that had prevented Chile from obtaining Parliamentary approval for ILO Convention 169 and Constitutional recognition of indigenous peoples. The commitment of the Chilean State to indigenous peoples constituted a challenge for all society in its quest to improve living conditions and respect for the rights of its indigenous brothers and sisters.

Comments made against Chile under this agenda item had not been objective, and all speakers were invited to request information on the country or to come and visit.

LESTER MEJIA SOLIS (Nicaragua) said Nicaragua was a country with rich ethnic and cultural diversity preserved through a framework of freedom, particularly with regard to indigenous people. Nicaragua was convinced that the right to cultural identity was a fundamental human right and the basis for coexistence and national unity. In Nicaragua, indigenous people were concentrated in areas of major biological diversity. This was why their protection was of double importance to the country. As recognition of the multi-ethnic diversity of the population of the country, the Atlantic coast regions of Nicaragua had been granted autonomous status in 1987.

Questions relating to indigenous communities were a priority for the Government, despite the major financial difficulties facing the country. The Government, within the framework of the International Decade on Indigenous People, had set up a national committee to promote the objectives of the Decade. One of main issues addressed by the Government was land ownership by indigenous communities and important steps had been undertaken in this regard, including a bill on landownership by indigenous communities which was currently before the National Assembly.

Statements on the report of the Subcommission on the Promotion and Protection of Human Rights

IULIA ANTOANELLA MOTOC, Chairwoman of the Subcommission on the Promotion and Protection of Human Rights, presenting the report of the last session of the Subcommission, said Members had tried to avoid overlapping with the Commission on Human Rights according to the Commission's resolution on the matter. The Subcommission had not looked at specific country situations and concentration had been put on carrying out studies. The Subcommission had also kept a rationalized agenda during its three-week session. It was a short session and the Subcommission had adopted 27 resolutions and 20 decisions. Concerning the violation of fundamental rights and freedoms, the Subcommission had only adopted one resolution. The Subcommission had continued to give emphasis to racism and the World Conference against Racism, and had adopted two resolutions on this subject. The Subcommission also gave great emphasis to economic, social and cultural rights; globalization; intellectual property rights; and implementing the right to clean drinking water. One of the most important initiatives carried out by the Subcommission was the creation of the Social Forum. Particular emphasis was also given to women's rights . The Subcommission had decided to carry out a large number of studies which had no financial implications. It had also considered the rights of the Roma and a special report had been put before the Commission on this.

The Subcommission had looked at its mandate and had adopted its agenda to avoid overlapping with the Commission, and it had attempted to follow up on its constructive dialogue with the Commission, the Chairwoman said.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba) said the Subcommission had continued effectively fulfilling its function as a generating source of scientific research work and of expert advice for its superior body. The Subcommission had exercised its own initiative on the sensitive question of human rights and the personal responsibilities, taking steps to begin studies about such pertinent themes as the protection of the Roma people's rights and of persons who were not nationals in the countries where they lived.

It was to be hoped that in the near future the Subcommission would continue to give attention to the question of privatizing prisons and the negative effects that weapons of mass extermination had for human rights, and to opening ways of analysing the noxious phenomenon of illegal human trafficking. Additionally, the Subcommission had adopted important resolutions and decisions on themes of particular and current importance, such as the effects on human rights of the economic sanctions imposed on some countries, the application of the death penalty to minors, forced disappearances, racism and the rights of indigenous peoples.

SHEN YONGSHEN (China) said his country was pleased that during the fifty-second session of the Subcommission, the duration of the session had been relatively reduced; accusations and groundless attacks had been relatively reduced; and the atmosphere of dialogue and cooperation had improved. Thematic studies had also seen new development and that was appreciated. The Subcommission should undergo constant reform to adapt to the rapid advancement of sciences and technology in today's world and to new issues in the field of human rights. The aim and direction of the reform of the Subcommission were intended to reduce political confrontation, strengthen international cooperation, increase efficiency and allow the body to more effectively perform its function as an expert and consultative body.

China hoped that the Subcommission would become a forum for intensifying cooperation and dialogue in the human-rights field, and that it would carry out its work on thematic studies by giving special attention to the problems confronting developing countries. China hoped the Subcommission would continue to give priority to the study of economic, social and cultural rights, the right to development, women, children, racial discrimination, indigenous people and immigration, as well as to put forward action-oriented recommendations. The Subcommission should be prudent, objective and pragmatic, emphasizing quality instead of quantity. China hoped the Subcommission would further improve its efficiency. The agenda had not been streamlined accordingly for the panel's shorter session.

OLUSEGUN AKINSANYA (Nigeria) said Subcommission Experts still spent their valuable time deliberating on how best to inform the Commission of their discussions on the subject of human rights violations rather than addressing other important aspects of their mandate such as the elaboration of studies and research that would advance the promotion and protection of human rights. Nigeria appreciated the tremendous work done by the Special Rapporteurs of the Subcommission on globalization and its impact on the full enjoyment of human rights, and on the concept and practice of affirmative action.

The negative effects of globalization continued to strike developing countries in the face. The socio-economic imbalances and widening gaps it created between the rich industrialized nations and the poor developing countries had already been touched upon under items 7 and 10 of the agenda. Nigeria sincerely accepted the principle and practice of affirmative action as a means of redressing the wrongs meted against some groups, be they victims of slavery and colonialism, indigenous peoples, rape victims, women, children or other members of society that had suffered one form of deprivation or another.

FREDERICO ANDREW GUZMAN, of Human Rights Watch, speaking on behalf of Amnesty International, the International Commission of Jurists, and the International Federation of Human Rights Leagues, said that on 17 August, 2000, the Subcommission on the Promotion and Protection of Human Rights had adopted resolution 2000/18 in which it had urged the Commission to adopt the draft convention on disappeared persons. Enforced disappearances were one of the most serious violations of human rights, and no region escaped its practice. Disappearances were an affront to human dignity and a violation of international law.

The disappeared person did not have the protection of the law and his enjoyment of all rights was suspended. He was not the only victim, but a broad circle around him including his family and other relations and dependents were all victims. Enforced disappearances were permanent and continued. No universal treaty had made it possible to combat this scourge effectively. The current international instruments were insufficient. There was an urgent need for a binding and legal instrument that would establish clearly the obligation of the State to prevent and punish enforced disappearances. This would contribute to eradicating the practice and would overcome impunity, which was the main factor which encouraged its existence. The Subcommission had forwarded the draft Convention to the Commission, and it was an excellent basis for preparing and adopting a legally binding instrument on enforced disappearances. Establishment of an intercessional Working Group to work on this draft Convention was the best way to proceed.

HORACIO RAVENNA, of Permanent Assembly for Human Rights, said the organization attached special importance to Commission resolution 2018 concerning the establishment of an intercessional working group charged with preparing a legally binding instrument to combat enforced disappearances. The current session was an opportune time to approve such a convention. Enforced disappearances constituted a crime involving the deprivation of freedom, kidnapping, torture of the victim and his family and violation of the principle of presumption of innocence. It was a matter of concern that a number of States were opposed to the punishment of this crime, thus encouraging impunity.

It should be understood that it was the obligation of States to guarantee investigation and punishment of enforced disappearances. The Rome Statute was not sufficient to combat this scourge. Among other things, it did not oblige States to incorporate prohibition of enforced disappearances into their national criminal laws. The practice of enforced disappearances was not limited only to the Americas; it occurred also in Africa and Former Yugoslavia. Hence the importance of eradicating this phenomenon.

IULIA ANTOANELLA MOTOC, Chairwoman of the Subcommission, thanked the representatives of States and non-governmental organizations for their kind words regarding the work of the Subcommission and the way that it had applied Commission resolution 2000/83 on the reform of the Subcommission. Having heard what the representatives had said, the Subcommission was encouraged and would continue its extensive work to undergo reform and to concentrate on the work appreciated by States and NGOs, i.e. research. She also thanked those representatives who had drawn the attention of the Subcommission to new violations of human rights and questions that it would be good for the Subcommission to concentrate on in its future work. She hoped that in the year to come, the Subcommission would continue to implement the hopes expressed. She hoped that the Subcommission would continue to be the 'think tank' of the Commission. She also pointed out that the Commission still had to pronounce on certain resolutions proposed to it by the Subcommission and to provide clarifications on Subcommission's methods of work and on the way it should report to the Commission on the topic of fundamental rights and freedoms.


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