Welcome to the United Nations 
OHCHR 
Press releases CHR subsidiary body
Default title
18 August 2000
Share
Subcommission on the Promotion
and Protection of Human Rights
52nd session
18 August 2000
ROUNDUP
Adopts Resolutions Calling for End to Violation of Rights
of Women by Armed Groups on Afghan Territory; Greater Respect
for Human Rights Under WTO Intellectual Property Agreement;
Lifting of Economic Sanctions Harmful to Human Rights; End
to Executions of Juvenile Offenders
The Subcommission on the Promotion and Protection of Human Rights adjourned this afternoon a three-week session during which it discussed human-rights issues ranging from discrimination against the Roma to the effects of economic globalization, and adopted dozens of resolutions and decisions.
These included a measure calling for an end to comprehensive abuses committed against women under armed regimes on Afghan territory; and a resolution charging that implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization did not adequately respect human rights, including the right of everyone to enjoy the benefits of scientific progress, the right to health, the right to food, and the right to self-determination.
The session also was marked by efforts by the panel of 26 human-rights experts to come to grips with new methods of work and a shorter session. The group's parent body, the Commission on Human Rights, trimmed this year's gathering to three weeks from the usual four. It also forbade the Subcommission to adopt resolutions referring to specific countries, leading to lengthy procedural wrangling over what to do following debate on what is usually the group's liveliest agenda item: "Question of the violation of human rights and fundamental freedoms. . . in all countries". In the end a single resolution was passed under the agenda item, asking to the Commission to recommend to the United Nations Security Council that it alleviate sanctions regimes so as to eliminate their impact on civilians by permitting the import of civilian goods, in particular food and medicine. The panel additionally decided to ask the Commission's formal advice on how the Subcommission could best reflect its consideration of the item in the future.
The phrasing of the resolution on the "situation of women and girls in territory controlled by Afghan armed groups", which was tabled under the Subcommission's agenda item on the human rights of women, reflected a conscious effort to avoid mention of a country name, as did the title of a resolution appealing to the United Nations Security Council to lift embargo provisions affecting the "humanitarian situation of the population of Iraq".
The shortened session led the Subcommission to request pre-sessional meetings for next year of two days for its working group on administration of justice and three days for its proposed "Social Forum" -- a gathering of ten of its members to discuss studies carried out on issues of economic, social and cultural rights, such as globalization and the consequences of widening gaps in income distribution. The Subcommission has sought to hold a Social Forum in the past, but has not won approval from the Commission.
In a resolution entitled "adverse consequences of economic sanctions", spurred by a working paper delivered by former member Marc Bossuyt, the Subcommission appealed again to States to reconsider their adoption of or support for such measures, even when legitimate goals pursued had not yet been achieved, if, after a reasonable period, the measures had not brought about the desired changes in policy. The Subcommission further appealed to States to seek prompt termination of all aspects of sanctions regimes that adversely affected human rights or contravened international law.
The Subcommission invited Governments to cooperate among themselves to aid legal authorities in dealing with proceedings initiated by victims of human rights violations; and said it believed that, within the framework of such cooperation, the highest priority should be given, regardless of circumstances under which such violence was committed, to legal proceedings, including against former heads of State and Government -- whose exile served as a pretext for their impunity -- in order, by example, to prevent future human rights violations.
The panel condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of their offenses.
Other measures adopted by the Subcommission included a list of recommended topics for discussion at the World Conference against Racism to be held in South Africa next year; a recommendation that an international conference be held in 2003 to evaluate the International Decade of the World's Indigenous People; a call for alternatives to be found to the routine practice by some States of lengthily detaining asylum seekers; a recommendation that the Commission on Human Rights seek the views of States and relevant organizations on the possibility of a draft international convention on the rights of minorities; a recommendation that the Commission establish a working group on a draft convention on enforced disappearances; a request that the Office of the High Commissioner for Human Rights hold a seminar on non-parties to human rights conventions; and a call, as in previous years, for the elimination of traditional practices such as female genital mutilation harmful to the health of women and girls.
The Subcommission recommended that the Commission on Human Rights appoint various Subcommission Experts as Special Rapporteurs to carry out studies on the rights of non-citizens; on the right to drinking water and sanitation; on the human rights situation of the Roma; and on reservations to human rights treaties. It requested one of its members to write a working paper on discrimination based on "work or descent" and asked another to prepare a study on "human rights and human responsibilities". It also requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues.
Reports, updates of reports, or working papers were presented this session by Experts, Special Rapporteurs, of former Experts on the concept and practice of affirmative action; globalization and its impact on the full enjoyment of human rights; the promotion of the right to drinking water supply and sanitation services; traditional practices affecting the health of women and the girl child; the activities of the Subcommission's working group on contemporary forms of slavery; implementation and follow-up to conventions on slavery; slavery and slavery-like practices during wartime; activities of the Subcommission's working group on indigenous populations; indigenous peoples and their relationship to land; activities of the Subcommission's working group on minorities; the human rights problems and protections of the Roma; the activities of the Subcommission's sessional working group on administration of justice; reservations to human rights treaties; globalization and its impact on human rights; encouragement of universal acceptance of human rights instruments; and adverse consequences of economic sanctions on human rights.
United Nations High Commissioner for Human Rights Mary Robinson addressed the opening of the session, telling Experts they could make a major contribution to preparations for the World Conference against Racism, and -- not barred herself from mentioning specific situations -- expressing concern about human rights matters in East Timor, Chechnya, Indonesia and "certain other Pacific Island States", the former Yugoslavia, Sierra Leone, Afghanistan, and the Democratic Republic of the Congo.
The Subcommission, which was known through 1998 as the Subcommission on the Prevention of Discrimination and the Protection of Minorities, was created by the Commission on Human Rights in 1947 and has been credited with spurring current worldwide interest in the promotion and protection of the rights of indigenous peoples and with leading a widening campaign to end harmful traditional practices such as female genital mutilation. According to the Commission's mandate, it undertakes studies and makes recommendations, keeps abreast of trends in the field of human rights, and explores issues that are considered important and have not received sufficient attention.
In closing the Subcommission's 2000 session, Chairperson Iulia Antoanella Motoc said the watchwords of the session had been history and historical background, and in its discussions the Subcommission had demonstrated the same vision it had displayed over the many years of its existence.
Action on resolutions and decisions
Question of the violation of human rights in any country
Regarding the question of the violation of human rights in any country, the Subcommission:
-- appealed to the Commission on Human Rights to recommend to the Security Council that it alleviate sanctions regimes so as to eliminate their impact on the civilian population by permitting the import of civilian goods, in particular to ensure access to food and medicinal and pharmaceutical supplies in all cases, and other products vital to the health of the population.
Elimination of racial discrimination
Regarding the elimination of racial discrimination, the Subcommission adopted decisions and resolutions through which it:
-- decided to appoint David Weissbrodt as Special Rapporteur on the rights of non-citizens with the task of preparing a comprehensive study on the subject;
-- requested the Preparatory Committee of the World Conference against Racism to include a separate item on migrant workers in the agenda;
-- requested the Secretary-General to again provide for the participation of Paulo Sergio Pinheiro in the Preparatory Committee and the World Conference as the Subcommission's representative;
-- suggested that the World Conference against Racism focus, inter alia, on the link between contemporary forms of slavery and racial discrimination; the aftermath and legal implications of slavery and colonialism; the impact of economic globalization; the prevention of racial discrimination, through early warning procedures and through labour regulation; the remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims of racial discrimination;
-- recommended that the World Conference define a global and system-wide strategy to combat racism which could lead to concrete results;
-- declared that discrimination based on work and decent was prohibited by international human-rights law;
-- requested relevant Governments to ensure that all necessary Constitutional, legislative and administrative measures, including appropriate forms of affirmative action, were in place to prohibit and redress such discrimination;
-- and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on discrimination based on work and descent.
Economic, social and cultural rights
Regarding economic, social and cultural rights, the Subcommission adopted measures through which it:
-- decided to hold a pre-sessional or intersessional forum on economic, social and cultural rights, to be known as the Social Forum, for three days, with the participation of 10 Subcommission members;
-- declared that the implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization did not adequately reflect the fundamental nature and indivisibility of all human rights;
-- requested Governments to integrate into their legislation and policies provisions that protected the social function of intellectual property;
-- requested the Special Rapporteurs on globalization and its impact on human rights to include consideration of the TRIPS agreement in their next report;
-- recommended to the Commission on Human Rights that it authorize the Subcommission to appoint Mr. Guisse as Special Rapporteur to conduct a detailed study on the right to drinking water and sanitation services.
-- and suggested that the Commission establish an open-ended working group entrusted with further study of a draft optional protocol on economic, social and cultural rights.
Human rights with regard to women
Regarding human rights with regard to women, the Subcommission adopted decisions and resolutions through which it:
-- condemned all forms of discrimination and violations affecting women and girls in territories controlled by Afghan armed groups, who were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security and considered that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter was applying to women, whereas it must be induced to end such treatment;
-- appealed to all States concerned to intensify efforts to develop awareness of and mobilize national public opinion concerning traditional practices affecting the health of women and the girl child, through education, information and training, in order to achieve total eradication of these practices;
-- reiterated its proposal that three seminars be held in Africa, Asia and Europe to review progress made since 1985 and ways and means of overcoming obstacles encountered;
-- and extended the mandate of its Special Rapporteur on traditional practices affecting the health of women and the girl child, Halima Embarek Warzazi, for another two years.
Contemporary forms of slavery
Under this agenda item, the Subcommission:
-- urged all Governments, NGOs, and other private and public individuals and entities to contribute annually to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery and emphasized the need for contributions on a regular basis;
-- called upon the High Commissioner for Human Rights to monitor situations of systematic rape, sexual slavery and slavery-like practices during armed conflicts and to report to the Subcommission on the matter;
-- and, in an omnibus resolution on contemporary forms of slavery, called for urgent steps to end bonded labour and debt bondage in countries where they occurred; for comprehensive national plans of action against trafficking in persons and exploitation of the prostitution of others; for prevention of transborder trafficking in children; for an end to misuse of the Internet for purposes of sexual exploitation; for better protections of migrant workers and child domestic workers; for elimination of child labour, especially in hazardous occupations; and for further efforts to end the sale of children, child prostitution and child pornography.
Rights of indigenous peoples
Under this agenda item, the Subcommission:
-- transmitted draft principles and guidelines for the protection of the heritage of indigenous peoples to the Commission on Human Rights;
-- recommended that the Working Group on Indigenous Populations, upon request, cooperate as a body of experts in any conceptual clarification or analysis which might assist the open-ended inter-sessional working group established by the Commission on Human Rights to elaborate further the draft United Nations declaration on the rights of indigenous peoples; requested that the High Commissioner for Human Rights encourage studies with respect to the right to food and adequate nutrition of indigenous peoples; and requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues;
-- recommended the convening of an international conference on indigenous issues during the last year of the International Decade of the World's Indigenous People; strongly recommended that the draft declaration on the rights of indigenous peoples be adopted as early as possible and not later than the end of the Decade in 2003; and noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples in the United Nations system should not necessarily be construed as grounds for abolition of the Subcommission's working group on indigenous populations;
-- and sought an updated final working paper from the Subcommission's Special Rapporteur on indigenous peoples and their relationship to land.
Protection of minorities
Under this agenda item, the Subcommission:
-- called for the appointment of Expert Yeung Kam Yeung Sik Yuen as Special Rapporteur to carry out a study on the human rights problems and protection of the Roma;
-- and called for publication of a manual on the rights of minorities containing commentary on the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities received by the working group on minorities and an overview of relevant procedures and mechanisms of regional and international organizations.
Administration of justice
Under this agenda item, the Subcommission:
-- condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offence and called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible;
-- expressed deep concern that enforced disappearances continued in many parts of the world and recommended that the Commission on Human Rights establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearance;
-- and invited Governments to cooperate among themselves concerning the role of universal or extraterritorial competence in preventive action against impunity, in a reciprocal manner, to facilitate the task of legal authorities dealing with proceedings initiated by victims acting either within the framework of the principle of universal competence as recognized in international law or under a domestic law which established an extraterritorial legal competence; and believed that the highest priority should be given, regardless of circumstances under which such violence was committed, to legal proceedings, including against former heads of State and Government.
Freedom of movement
The Subcommission:
-- urged all States to respect the principle of non-refoulement and to safeguard and give effect to the right of everyone to seek and enjoy asylum from persecution; and to take practical measures to ensure that refugees and asylum-seekers were treated with dignity and with full respect for their fundamental human rights;
-- and encouraged States to adopt alternatives to detention of asylum seekers and strongly urged States to abide by their respective international obligations in regard to detention practices and policies in the context of persons seeking asylum.
Review of further developments in fields with which the Subcommission has been or may be concerned
Under this agenda item the Subcommission:
-- decided to appoint Subcommission member Miguel Alfonso Martinez to undertake a study on human rights and human responsibilities;
-- reiterated its commitment to international cooperation in the field of human rights and invited Governmental and non-governmental observers of the Subcommission to carry out constructive dialogue and consultations on the basis of equality and mutual respect;
-- requested the High Commissioner for Human Rights to convene, with the participation of members of the Subcommission a seminar of States which were not parties to the International Covenant on Economic, Social and Cultural Rights and/or the International Covenant on Civil and Political Rights, with a view to examining comprehensively obstacles to the to ratification of the Covenants;
-- appealed again to the international community about the humanitarian situation of the population of Iraq, and to the Security Council in particular, and urged 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 and medical supplies to meet their basic needs;
-- requested the Secretary-General to prepare a working document on gross and flagrant violations of human rights that took place during the colonial period, wars of conquest and slavery, including means and propositions which could be adopted to provide remedies to victims of prejudice;
-- on adverse consequences of economic sanctions, appealed again to all States concerned to reconsider their adoption of or support for such measures, even when legitimate goals pursued had not yet been achieved, if, after a reasonable period, the measures had not brought about the desired changes in policy; and appealed to all States concerned to seek prompt termination of all aspects of sanctions regimes that adversely affected human rights or contravened international law;
-- requested Special Rapporteur Kalliopi Koufa to submit the progress report on her study of terrorism and human rights at the Subcommission's fifty-third session;
-- requested Subcommission Expert Miguel Rodriguez Cuadros to prepare a working paper on the promotion and consolidation of democracy;
-- on the subject of reservations to human rights treaties, encouraged States to ratify such treaties without reservations and those States that had ratified them with reservations to remove the reservations; and decided to appoint Subcommission Expert Francoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on reservations to human rights treaties;
-- and, on the topic of continuing obligations under international human rights instruments, appealed strongly to all States that had not yet done so to become parties to the International Covenant on Civil and Political Rights and the International Convenant on Economic, Social and Cultural Rights, as well as other international and regional human rights treaties, and encouraged the full participation of all member States in the United Nations human rights system.
Methods of work
The Subcommission:
-- sought authorization for creation of a pre-sessional working group on the administration of justice to meet for two days;
-- requested personal presentation of the report of the Chairperson of the Subcommission to the Commission on Human Rights;
-- added a sub-item under its agenda item on freedom of movement on smuggling and trafficking of persons and the protection of their human rights;
-- and decided to include a sub-item on smuggling and trafficking of persons and the protection of their human rights and requested the Secretariat to prepare a note on the topic for consideration by the Subcommission at its fifty-third session.
Membership of the Subcommission
The members and alternates (*) of the Subcommission are Miguel Alfonso Martinez, *Juan Antonio Fernandez Palacios (Cuba); José Bengoa, *Alejandro Enrique Salinas Rivera (Chile); Erica-Irene A. Daes, *Kalliopi Koufa (Greece); Asbjorn Eide, *Jan Helgesen (Norway); Fan Guoxiang (China); Héctor Fix-Zamudio, *Alonso Gomez-Robledo Verduzco (Mexico); Rajendra Kalidas Wimala Goonesekere, *Deepika Udagama (Sri Lanka); El-Hadji Guissé (Senegal); Francoise Jane Hampson, *Helena Cook (United Kingdom); Louis Joinet, *Emmanuel Decaux (France); Iulia Antoanella Motoc, *Victoria Sandru (Romania); Stanislav Ogurtsov (Belarus); Joseph Oloka-Onyango (Uganda); Soo Gil Park, *Chin Sung Chung (Republic of Korea); Paulo Sérgio Pinheiro, *Marilia S. Zelner Goncalves (Brazil); Godfrey Bayour Preware, and *Christy Ezim Mbonu (Nigeria); Teimuraz O. Ramishvili, *Vladimir Kartashkin (Russian Federation); Manuel Rodriguez-Cuadros (Peru); Yeung Kam Yeung Sik Yuen (Mauritius); Soli Jehangir Sorabjee (India); Fried van Hoof, and *Lammy Betten (Netherlands); Halima Embarek Warzazi (Morocco); David Weissbrodt, *Barbara Frey (United States of America); Fisseha Yimer (Ethiopia); Yozo Yokota, *Zoshiko Terao (Japan); and Leila Zerrougui (Algeria).
* *** *
and Protection of Human Rights
52nd session
18 August 2000
ROUNDUP
Adopts Resolutions Calling for End to Violation of Rights
of Women by Armed Groups on Afghan Territory; Greater Respect
for Human Rights Under WTO Intellectual Property Agreement;
Lifting of Economic Sanctions Harmful to Human Rights; End
to Executions of Juvenile Offenders
The Subcommission on the Promotion and Protection of Human Rights adjourned this afternoon a three-week session during which it discussed human-rights issues ranging from discrimination against the Roma to the effects of economic globalization, and adopted dozens of resolutions and decisions.
These included a measure calling for an end to comprehensive abuses committed against women under armed regimes on Afghan territory; and a resolution charging that implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization did not adequately respect human rights, including the right of everyone to enjoy the benefits of scientific progress, the right to health, the right to food, and the right to self-determination.
The session also was marked by efforts by the panel of 26 human-rights experts to come to grips with new methods of work and a shorter session. The group's parent body, the Commission on Human Rights, trimmed this year's gathering to three weeks from the usual four. It also forbade the Subcommission to adopt resolutions referring to specific countries, leading to lengthy procedural wrangling over what to do following debate on what is usually the group's liveliest agenda item: "Question of the violation of human rights and fundamental freedoms. . . in all countries". In the end a single resolution was passed under the agenda item, asking to the Commission to recommend to the United Nations Security Council that it alleviate sanctions regimes so as to eliminate their impact on civilians by permitting the import of civilian goods, in particular food and medicine. The panel additionally decided to ask the Commission's formal advice on how the Subcommission could best reflect its consideration of the item in the future.
The phrasing of the resolution on the "situation of women and girls in territory controlled by Afghan armed groups", which was tabled under the Subcommission's agenda item on the human rights of women, reflected a conscious effort to avoid mention of a country name, as did the title of a resolution appealing to the United Nations Security Council to lift embargo provisions affecting the "humanitarian situation of the population of Iraq".
The shortened session led the Subcommission to request pre-sessional meetings for next year of two days for its working group on administration of justice and three days for its proposed "Social Forum" -- a gathering of ten of its members to discuss studies carried out on issues of economic, social and cultural rights, such as globalization and the consequences of widening gaps in income distribution. The Subcommission has sought to hold a Social Forum in the past, but has not won approval from the Commission.
In a resolution entitled "adverse consequences of economic sanctions", spurred by a working paper delivered by former member Marc Bossuyt, the Subcommission appealed again to States to reconsider their adoption of or support for such measures, even when legitimate goals pursued had not yet been achieved, if, after a reasonable period, the measures had not brought about the desired changes in policy. The Subcommission further appealed to States to seek prompt termination of all aspects of sanctions regimes that adversely affected human rights or contravened international law.
The Subcommission invited Governments to cooperate among themselves to aid legal authorities in dealing with proceedings initiated by victims of human rights violations; and said it believed that, within the framework of such cooperation, the highest priority should be given, regardless of circumstances under which such violence was committed, to legal proceedings, including against former heads of State and Government -- whose exile served as a pretext for their impunity -- in order, by example, to prevent future human rights violations.
The panel condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of their offenses.
Other measures adopted by the Subcommission included a list of recommended topics for discussion at the World Conference against Racism to be held in South Africa next year; a recommendation that an international conference be held in 2003 to evaluate the International Decade of the World's Indigenous People; a call for alternatives to be found to the routine practice by some States of lengthily detaining asylum seekers; a recommendation that the Commission on Human Rights seek the views of States and relevant organizations on the possibility of a draft international convention on the rights of minorities; a recommendation that the Commission establish a working group on a draft convention on enforced disappearances; a request that the Office of the High Commissioner for Human Rights hold a seminar on non-parties to human rights conventions; and a call, as in previous years, for the elimination of traditional practices such as female genital mutilation harmful to the health of women and girls.
The Subcommission recommended that the Commission on Human Rights appoint various Subcommission Experts as Special Rapporteurs to carry out studies on the rights of non-citizens; on the right to drinking water and sanitation; on the human rights situation of the Roma; and on reservations to human rights treaties. It requested one of its members to write a working paper on discrimination based on "work or descent" and asked another to prepare a study on "human rights and human responsibilities". It also requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues.
Reports, updates of reports, or working papers were presented this session by Experts, Special Rapporteurs, of former Experts on the concept and practice of affirmative action; globalization and its impact on the full enjoyment of human rights; the promotion of the right to drinking water supply and sanitation services; traditional practices affecting the health of women and the girl child; the activities of the Subcommission's working group on contemporary forms of slavery; implementation and follow-up to conventions on slavery; slavery and slavery-like practices during wartime; activities of the Subcommission's working group on indigenous populations; indigenous peoples and their relationship to land; activities of the Subcommission's working group on minorities; the human rights problems and protections of the Roma; the activities of the Subcommission's sessional working group on administration of justice; reservations to human rights treaties; globalization and its impact on human rights; encouragement of universal acceptance of human rights instruments; and adverse consequences of economic sanctions on human rights.
United Nations High Commissioner for Human Rights Mary Robinson addressed the opening of the session, telling Experts they could make a major contribution to preparations for the World Conference against Racism, and -- not barred herself from mentioning specific situations -- expressing concern about human rights matters in East Timor, Chechnya, Indonesia and "certain other Pacific Island States", the former Yugoslavia, Sierra Leone, Afghanistan, and the Democratic Republic of the Congo.
The Subcommission, which was known through 1998 as the Subcommission on the Prevention of Discrimination and the Protection of Minorities, was created by the Commission on Human Rights in 1947 and has been credited with spurring current worldwide interest in the promotion and protection of the rights of indigenous peoples and with leading a widening campaign to end harmful traditional practices such as female genital mutilation. According to the Commission's mandate, it undertakes studies and makes recommendations, keeps abreast of trends in the field of human rights, and explores issues that are considered important and have not received sufficient attention.
In closing the Subcommission's 2000 session, Chairperson Iulia Antoanella Motoc said the watchwords of the session had been history and historical background, and in its discussions the Subcommission had demonstrated the same vision it had displayed over the many years of its existence.
Action on resolutions and decisions
Question of the violation of human rights in any country
Regarding the question of the violation of human rights in any country, the Subcommission:
-- appealed to the Commission on Human Rights to recommend to the Security Council that it alleviate sanctions regimes so as to eliminate their impact on the civilian population by permitting the import of civilian goods, in particular to ensure access to food and medicinal and pharmaceutical supplies in all cases, and other products vital to the health of the population.
Elimination of racial discrimination
Regarding the elimination of racial discrimination, the Subcommission adopted decisions and resolutions through which it:
-- decided to appoint David Weissbrodt as Special Rapporteur on the rights of non-citizens with the task of preparing a comprehensive study on the subject;
-- requested the Preparatory Committee of the World Conference against Racism to include a separate item on migrant workers in the agenda;
-- requested the Secretary-General to again provide for the participation of Paulo Sergio Pinheiro in the Preparatory Committee and the World Conference as the Subcommission's representative;
-- suggested that the World Conference against Racism focus, inter alia, on the link between contemporary forms of slavery and racial discrimination; the aftermath and legal implications of slavery and colonialism; the impact of economic globalization; the prevention of racial discrimination, through early warning procedures and through labour regulation; the remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims of racial discrimination;
-- recommended that the World Conference define a global and system-wide strategy to combat racism which could lead to concrete results;
-- declared that discrimination based on work and decent was prohibited by international human-rights law;
-- requested relevant Governments to ensure that all necessary Constitutional, legislative and administrative measures, including appropriate forms of affirmative action, were in place to prohibit and redress such discrimination;
-- and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on discrimination based on work and descent.
Economic, social and cultural rights
Regarding economic, social and cultural rights, the Subcommission adopted measures through which it:
-- decided to hold a pre-sessional or intersessional forum on economic, social and cultural rights, to be known as the Social Forum, for three days, with the participation of 10 Subcommission members;
-- declared that the implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement of the World Trade Organization did not adequately reflect the fundamental nature and indivisibility of all human rights;
-- requested Governments to integrate into their legislation and policies provisions that protected the social function of intellectual property;
-- requested the Special Rapporteurs on globalization and its impact on human rights to include consideration of the TRIPS agreement in their next report;
-- recommended to the Commission on Human Rights that it authorize the Subcommission to appoint Mr. Guisse as Special Rapporteur to conduct a detailed study on the right to drinking water and sanitation services.
-- and suggested that the Commission establish an open-ended working group entrusted with further study of a draft optional protocol on economic, social and cultural rights.
Human rights with regard to women
Regarding human rights with regard to women, the Subcommission adopted decisions and resolutions through which it:
-- condemned all forms of discrimination and violations affecting women and girls in territories controlled by Afghan armed groups, who were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security and considered that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter was applying to women, whereas it must be induced to end such treatment;
-- appealed to all States concerned to intensify efforts to develop awareness of and mobilize national public opinion concerning traditional practices affecting the health of women and the girl child, through education, information and training, in order to achieve total eradication of these practices;
-- reiterated its proposal that three seminars be held in Africa, Asia and Europe to review progress made since 1985 and ways and means of overcoming obstacles encountered;
-- and extended the mandate of its Special Rapporteur on traditional practices affecting the health of women and the girl child, Halima Embarek Warzazi, for another two years.
Contemporary forms of slavery
Under this agenda item, the Subcommission:
-- urged all Governments, NGOs, and other private and public individuals and entities to contribute annually to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery and emphasized the need for contributions on a regular basis;
-- called upon the High Commissioner for Human Rights to monitor situations of systematic rape, sexual slavery and slavery-like practices during armed conflicts and to report to the Subcommission on the matter;
-- and, in an omnibus resolution on contemporary forms of slavery, called for urgent steps to end bonded labour and debt bondage in countries where they occurred; for comprehensive national plans of action against trafficking in persons and exploitation of the prostitution of others; for prevention of transborder trafficking in children; for an end to misuse of the Internet for purposes of sexual exploitation; for better protections of migrant workers and child domestic workers; for elimination of child labour, especially in hazardous occupations; and for further efforts to end the sale of children, child prostitution and child pornography.
Rights of indigenous peoples
Under this agenda item, the Subcommission:
-- transmitted draft principles and guidelines for the protection of the heritage of indigenous peoples to the Commission on Human Rights;
-- recommended that the Working Group on Indigenous Populations, upon request, cooperate as a body of experts in any conceptual clarification or analysis which might assist the open-ended inter-sessional working group established by the Commission on Human Rights to elaborate further the draft United Nations declaration on the rights of indigenous peoples; requested that the High Commissioner for Human Rights encourage studies with respect to the right to food and adequate nutrition of indigenous peoples; and requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues;
-- recommended the convening of an international conference on indigenous issues during the last year of the International Decade of the World's Indigenous People; strongly recommended that the draft declaration on the rights of indigenous peoples be adopted as early as possible and not later than the end of the Decade in 2003; and noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples in the United Nations system should not necessarily be construed as grounds for abolition of the Subcommission's working group on indigenous populations;
-- and sought an updated final working paper from the Subcommission's Special Rapporteur on indigenous peoples and their relationship to land.
Protection of minorities
Under this agenda item, the Subcommission:
-- called for the appointment of Expert Yeung Kam Yeung Sik Yuen as Special Rapporteur to carry out a study on the human rights problems and protection of the Roma;
-- and called for publication of a manual on the rights of minorities containing commentary on the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities received by the working group on minorities and an overview of relevant procedures and mechanisms of regional and international organizations.
Administration of justice
Under this agenda item, the Subcommission:
-- condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offence and called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible;
-- expressed deep concern that enforced disappearances continued in many parts of the world and recommended that the Commission on Human Rights establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearance;
-- and invited Governments to cooperate among themselves concerning the role of universal or extraterritorial competence in preventive action against impunity, in a reciprocal manner, to facilitate the task of legal authorities dealing with proceedings initiated by victims acting either within the framework of the principle of universal competence as recognized in international law or under a domestic law which established an extraterritorial legal competence; and believed that the highest priority should be given, regardless of circumstances under which such violence was committed, to legal proceedings, including against former heads of State and Government.
Freedom of movement
The Subcommission:
-- urged all States to respect the principle of non-refoulement and to safeguard and give effect to the right of everyone to seek and enjoy asylum from persecution; and to take practical measures to ensure that refugees and asylum-seekers were treated with dignity and with full respect for their fundamental human rights;
-- and encouraged States to adopt alternatives to detention of asylum seekers and strongly urged States to abide by their respective international obligations in regard to detention practices and policies in the context of persons seeking asylum.
Review of further developments in fields with which the Subcommission has been or may be concerned
Under this agenda item the Subcommission:
-- decided to appoint Subcommission member Miguel Alfonso Martinez to undertake a study on human rights and human responsibilities;
-- reiterated its commitment to international cooperation in the field of human rights and invited Governmental and non-governmental observers of the Subcommission to carry out constructive dialogue and consultations on the basis of equality and mutual respect;
-- requested the High Commissioner for Human Rights to convene, with the participation of members of the Subcommission a seminar of States which were not parties to the International Covenant on Economic, Social and Cultural Rights and/or the International Covenant on Civil and Political Rights, with a view to examining comprehensively obstacles to the to ratification of the Covenants;
-- appealed again to the international community about the humanitarian situation of the population of Iraq, and to the Security Council in particular, and urged 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 and medical supplies to meet their basic needs;
-- requested the Secretary-General to prepare a working document on gross and flagrant violations of human rights that took place during the colonial period, wars of conquest and slavery, including means and propositions which could be adopted to provide remedies to victims of prejudice;
-- on adverse consequences of economic sanctions, appealed again to all States concerned to reconsider their adoption of or support for such measures, even when legitimate goals pursued had not yet been achieved, if, after a reasonable period, the measures had not brought about the desired changes in policy; and appealed to all States concerned to seek prompt termination of all aspects of sanctions regimes that adversely affected human rights or contravened international law;
-- requested Special Rapporteur Kalliopi Koufa to submit the progress report on her study of terrorism and human rights at the Subcommission's fifty-third session;
-- requested Subcommission Expert Miguel Rodriguez Cuadros to prepare a working paper on the promotion and consolidation of democracy;
-- on the subject of reservations to human rights treaties, encouraged States to ratify such treaties without reservations and those States that had ratified them with reservations to remove the reservations; and decided to appoint Subcommission Expert Francoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on reservations to human rights treaties;
-- and, on the topic of continuing obligations under international human rights instruments, appealed strongly to all States that had not yet done so to become parties to the International Covenant on Civil and Political Rights and the International Convenant on Economic, Social and Cultural Rights, as well as other international and regional human rights treaties, and encouraged the full participation of all member States in the United Nations human rights system.
Methods of work
The Subcommission:
-- sought authorization for creation of a pre-sessional working group on the administration of justice to meet for two days;
-- requested personal presentation of the report of the Chairperson of the Subcommission to the Commission on Human Rights;
-- added a sub-item under its agenda item on freedom of movement on smuggling and trafficking of persons and the protection of their human rights;
-- and decided to include a sub-item on smuggling and trafficking of persons and the protection of their human rights and requested the Secretariat to prepare a note on the topic for consideration by the Subcommission at its fifty-third session.
Membership of the Subcommission
The members and alternates (*) of the Subcommission are Miguel Alfonso Martinez, *Juan Antonio Fernandez Palacios (Cuba); José Bengoa, *Alejandro Enrique Salinas Rivera (Chile); Erica-Irene A. Daes, *Kalliopi Koufa (Greece); Asbjorn Eide, *Jan Helgesen (Norway); Fan Guoxiang (China); Héctor Fix-Zamudio, *Alonso Gomez-Robledo Verduzco (Mexico); Rajendra Kalidas Wimala Goonesekere, *Deepika Udagama (Sri Lanka); El-Hadji Guissé (Senegal); Francoise Jane Hampson, *Helena Cook (United Kingdom); Louis Joinet, *Emmanuel Decaux (France); Iulia Antoanella Motoc, *Victoria Sandru (Romania); Stanislav Ogurtsov (Belarus); Joseph Oloka-Onyango (Uganda); Soo Gil Park, *Chin Sung Chung (Republic of Korea); Paulo Sérgio Pinheiro, *Marilia S. Zelner Goncalves (Brazil); Godfrey Bayour Preware, and *Christy Ezim Mbonu (Nigeria); Teimuraz O. Ramishvili, *Vladimir Kartashkin (Russian Federation); Manuel Rodriguez-Cuadros (Peru); Yeung Kam Yeung Sik Yuen (Mauritius); Soli Jehangir Sorabjee (India); Fried van Hoof, and *Lammy Betten (Netherlands); Halima Embarek Warzazi (Morocco); David Weissbrodt, *Barbara Frey (United States of America); Fisseha Yimer (Ethiopia); Yozo Yokota, *Zoshiko Terao (Japan); and Leila Zerrougui (Algeria).
* *** *