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18 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
18 August 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights approved a number of resolutions and decisions this morning related to freedom of movement, the encouragement of ratification and implementation of international human-rights treaties, contemporary forms of slavery, and administration of justice.
The Subcommission appealed to the international community and the United Nations Security Council for embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted and urged the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population by facilitating the delivery of food and medical supplies.
In a resolution on the role of universal or extraterritorial competence in preventive action against impunity, 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.
In a resolution on the right to seek and enjoy asylum, the Subcommission urged all States to respect the principle of non-refoulement and to safeguard the right of everyone to seek and enjoy in other countries asylum from persecution. In another measure, it encouraged States to adopt alternatives to detention of asylum seekers.
An omnibus resolution on contemporary forms of slavery called, among other things, 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 in all its forms and steps to end corruption that perpetuated such trafficking; for an end to misuse of the Internet for purposes of sexual exploitation; for better protections of migrant workers and child domestic workers from abuse; for elimination of child labour, especially in hazardous occupations; and for further efforts to end the sale of children, child prostitution and child pornography.
In a resolution on encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions, the Subcommission 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 ratification of the Covenants and to looking for ways of surmounting them.
In its first votes this year, and following lengthy debate, the Subcommission rejected, by a roll-call vote of 12 opposed and 8 in favour, with 3 abstentions, an amendment that would have had two Experts, Miguel Alfonso Martinez and Paulo Sergio Pinheiro, carry out together a study on "human rights and human responsibilities", and decided, by a roll-call vote of 14 in favour, 4 opposed, and 5 abstentions, to appoint Mr. Alfonso Martinez perform the study. A third roll-call vote of 12 against and 6 in favour, with 5 abstentions, rejected a draft decision to have Mr. Pinheiro carry out a second study on the same topic.
In other measures, the Subcommission decided to request 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 propositions for remedies to victims of prejudice; and called for constructive dialogue and consultations on the basis of equality and mutual respect in matters of human rights.
By a show of hands, the Subcommission voted to postpone until next year debate on a resolution on the right of return.
The Subcommission will reconvene at 3 p.m. to conclude action on remaining draft resolutions and decisions and to adjourn its fifty-second session.
Action on draft resolutions and decisions
In a resolution (E/CN.4/Sub.2/2000/L.22) on contemporary forms of slavery, the Subcommission recommended the following actions. Concerning bonded labour and debt bondage, the Subcommission urged States to, whenever cases of debt bondage were reported in their countries, take action as a matter of urgency to secure the release of those concerned, to develop techniques for assessing whether workers were bonded, even if they were intimidated or unwilling to reveal their bonded status, to prevent reprisals from being taken against them and to ensure they would not revert into bondage subsequently; urged States to intervene as a matter of priority when human rights defenders were subjected to harassment or persecution for their involvement in trying to assist bonded labourers; strongly recommended that States which had adopted laws against debt bondage or bonded labour and in which cases of debt bondage continued to be reported ensure the effectiveness of the rule of law and fully apply legal and judicial procedures ensuring the prosecution and punishment of those involved in reducing men, women or children to bondage; and recommended that Member States set up monitoring committees to investigate reports of debt bondage and to establish a number of people in their country who were subject to servile status as a result of debt bondage, giving special attention to monitoring constraints on migrant workers and imposed by employers or others who advanced them money and to ensure that migrant workers were not subjected to debt bondage, and that, if debt bondage was reported, Member States considered establishing special institutions to implement the law against this abusive practice, such as special law enforcements units or commissions at either national or local level.
The Subcommission urged States to give special attention to ensure that all children of bondage labourers completed primary education whether or not the children themselves were bonded; urged Member States in which cases of debt bondage had been reported in the past five year to implement the Programme of Action against Child Bondage of the International Labour Organization, in particular with respect to children subject to debt bondage, but also ensuring that, for adult men or women who were reported to be effected, the same or similar measures were applied with respect to them, as well to entire families who were subjected to debt bondage; recommended that all competent United Nations organs, specialised organs, development banks and intergovernmental agencies involved in development initiatives, took action to contribute to the elimination of debt bondage, in particular by the provision of alternative sources of credit to bonded labourers and decided to keep the question of debt bondage under consideration and to assess the progress achieved at future sessions with a view of the total elimination of this abhorrent practice.
Concerning the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, the Subcommission invited the Board of Trustees of the Voluntary Fund to promote the participation at the annual session of the Working Group of individuals and organizations from as large a number of countries as possible, in accordance with the priorities established in the agenda of the working group.
Regarding the traffic in persons and exploitation of the prostitution of others, the Subcommission urged Governments which had not yet done so, to ratify the 1949 Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, International Labour Organization Convention 182 concerning the Worst Forms of Child Labour and the Convention on the Elimination of All Forms of Discrimination against Women; urged States to devise and adopt comprehensive national plans of action against trafficking in persons and exploitation of the prostitution of others, based on data collection, research and analysis, and in collaboration with non-governmental organisations; urged States to ensure that their national development policies did not intensify the marginalization of women and place them at a risk of sexual exploitation; and strongly recommended to States to ensure the effectiveness of the rule of law, to apply fully legal and judicial procedures, and to prosecute and penalise the criminals involved in the trafficking in women and children and exploitation of the prostitution of women and children.
The Subcommission called upon States to provide social services to the victims and survivors of trafficking and sexual exploitation, including shelter, counselling, medical care, legal services, education, job training and employment, and to take measures to prevent discrimination against and stigmatisation of these victims; strongly recommended that the Ad Hoc Committee on the elaboration of the convention against transnational organized crime ensured that the protocol to prevent, suppress and punish trafficking in persons, and the protocol against the smuggling of migrants did not conflict with or undermine existing international human right obligations and standards; and recommended that the issue of trafficking in persons, prostitution and related practices of sexual exploitation be considered during the preparatory process of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and at the World Conference itself.
On the issue of international cooperation for the prevention of illegal trafficking in persons, prostitution and the expansion of the world sex industry, the Subcommission invited Member States to share with their respective competent national enforcement agencies all information deemed useful for preventing and suppressing such actions.
Regarding the prevention of transborder trafficking in children in all its forms and the role of corruption and the perpetuation of slavery and slavery-like practice, the Subcommission urged once again all States to take adequate steps to monitor and enforce laws, particularly as they related to slavery, slavery-like practices and corruption including trafficking women and children.
Concerning the misuse of the Internet for the purpose of sexual exploitation, the Subcommission recommended that Governments, as a mater of priority, reviewed, amended and enforced existing laws, or enacted new laws, to prevent the misuse of the Internet for trafficking or for the purpose of exploitation of women and children and requested Governments to investigate and use as evidence of crimes and acts of discrimination advertising, correspondence and other communications over the Internet to promote sex trafficking, the exploitation of prostitution, sex tourism, bride trafficking and rape.
In reference to the implementation of the Convention on Slavery, the Subcommission recommended that all States which were not parties to the many conventions related to slavery be called upon to become parties as soon as possible and to enact any legislation necessary to ensure that their laws conformed to the terms of those treaties.
With regard to migrant workers, the Subcommission strongly condemned practice of unequal treatment of migrant workers and the denial of their human dignity; decided to continue to give special attention to the situation of migrant workers, in particular domestic workers, and urged Governments to ensure that protective regulations governed their employment situation and provided for safe conditions of work and also urged States to take the necessary measures to prohibit and punish the confiscation of passports belonging to migrant workers, in particular migrant domestic workers.
On the topic of child domestic workers, the Subcommission urged States, while attempting ultimately to eliminate the phenomenon of child domestic labour to, inter alia, enact and implement laws on compulsorily and free primary education, to adopt and enforce measures and regulations to protect child domestic workers and to ensure that their labour was not exploited and recommended that the International Labour Organization gave more emphasis to the issue of domestic workers.
On the elimination of child labour, the Subcommission urged all States to adopt measures and regulations to protect child labourers and to ensure that their labour was not exploited and to prohibit their labour in hazardous occupations.
Regarding the sale of children, child prostitution and child pornography, the Subcommission requested the Special Rapporteur, within the framework of her mandate, to continue to pay attention to issues relating to
the trafficking of children, such as organ transplants, disappearances, the purchase and sale of children, adoption for commercial purposes or exploitation, child prostitution and child pornography.
The Subcommission also requested the Secretary-General to give effect to his decision to reassign to the Working Group a Professional staff member of the Office of the High Commissioner for Human Rights to work on a permanent basis to ensure continuity and close coordination within and outside the Office on issues relating to contemporary forms of slavery, in accordance with Commission on Human Rights resolutions 1996/61 and 1999/46.
In a resolution (E/CN.4/Sub.2/2000/L.25) on the right to seek and enjoy asylum, the Subcommission urged all States to respect the principle of non-refoulement within their obligation under Refugee Conventions and other human rights instruments and to safeguard and give effect to the right of everyone to seek and enjoy in other countries 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; also urged Governments and other entities, including intergovernmental and non-governmental organizations, to intensify their efforts, including educational and other programmes, to combat racism, racial discrimination, xenophobia and related intolerance against non-nationals, and, in particular, asylum-seekers and refugees; and requested the Special Rapporteur on the rights of non-citizens to give special attention to the situation of asylum-seekers and refugees and to make practical recommendations for the further work of the Subcommission on this matter.
In a resolution (E/CN.4/Sub.2/2000/L.26) on the detention of asylum seekers, the Subcommission expressed deep concern about all persecution, including persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, in relation to asylum-seekers from whatever regions they come; encouraged the Human Rights Committee and the European Court of Human Rights to continue their examination of the detention of asylum-seekers; welcomed the application of the body of principles for the protection of all persons under any form of detention or imprisonment to immigrants and asylum-seekers in custody; welcomed the adoption of guidelines on applicable criteria and standards relating to the detention of asylum-seekers of the Office of the High Commissioner for Refugees (UNHCR); commended those States that abided by the guidelines and other relevant standards; encouraged States to adopt alternatives to detention such as those enumerated in the guidelines; recommended that where detention was employed, States provide UNHCR with information on how detention policies and practices conformed to relevant international standards; strongly urged States to abide by their respective international obligations in regard to detention practices and policies in the context of persons seeking asylum; and strenuously urged States that had not already done so to abide by the UNHCR guidelines and other relevant standards.
In a measure on methods of work related to the agenda item on freedom of movement, the Subcommission 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.
In a measure (E/CN.4/Sub.2/2000/L.4) on human rights and human responsibilities, adopted by a vote of 14 in favor, 4 against and 5 abstentions, the Subcommission decided to appoint Subcommission member Miguel Alfonso Martinez to undertake a study on the topic, and to submit a preliminary report to the Commission on Human Rights at its fifty-eighth session and a final report at its fifty-ninth session.
VLADIMIR KARTASHKIN, Subcommission Alternate Member, said that Mr. Pinheiro and Mr. Alfonso Martinez were both friends but he had more sympathy for Mr. Pinheiro. Despite that, he voted against the amendment as he had already made a commitment to Mr. Alfonso Martinez and secondly because the two could clearly not work together.
LOUIS JOINET, Subcommission Expert, said he had entered the amendment because he preferred that these things occurred openly and transparently. He would support resolution L.4.
ASBJORN EIDE, Subcommission Expert, said he regretted the stance taken by Mr. Alfonso Martinez and regretted that there would not be two views provided in the resulting study; he would take that into account when he looked at the study that was produced. He regretted that there was a very divided house on this matter.
DAVID WEISSBRODT, Subcommission Expert, said that the nature of the decision before the experts came from the Commission on Human Rights which had created a problem in requesting the Subcommission to present a working paper on human rights and human responsibilities without any financial consideration. Such a working paper was important in this particular case. Mrs. Daes had already completed such a study several years ago. Did the topic need further study, or should the responsibility lie with the Commission as opposed to the Subcommission? It was a procedurally premature request by the Commission. He was willing to join consensus, as one had to cooperate through the mess that had been created by the Commission.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said he had voted against the amendment with a view to rejecting the false assumption that he refused to cooperate; there was an incompatibility in this case that did not proceed from an inability to get along.
CHRISTY EZIM MBONU, Subcommission Alternate Member, said she respected Mr. Pinheiro, but had already co-sponsored Mr. Alfonso Martinez. Last time, there had been a joint effort between Mr. Joinet and Mr. Guisse. It had not worked. People should not be forced to work together against their will.
PAULO SERGIO PINHEIRO, Subcommission Expert, said he was new here; he was not responsible for the ghosts in this Subcommission; Brazil was an odd country, but it was in the Southern Hemisphere. He had accepted the idea of making this study on the first day of the session when it was broached to him; since he was a new member he had simply talked to people; he had had no idea of getting into a conspiracy with Mr. Alfonso Martinez and he did not want to disrupt a study by that Expert. He did not see why he should give up his own interests, and did not see why Mr. Alfonso Martinez should give up his, either; he was willing to cooperate and Mr. Alfonso Martinez was not. That was his right. He did not want to hear about any mythological North-South conflict; that was not what was happening here.
A measure (E/CN.4/Sub.2/2000/L.5) on the human rights and human responsibilities was rejected by roll-call vote of 6 votes for, 12 against and 5 abstentions. The measure would have decided to entrust Paulo Sergio Pinheiro with the task of preparing, without financial implications, a working paper on the subject, to be submitted at the Subcommission's fifty-third session, and to submit an interim study to the Commission on Human Rights at its fifty-seventh session and a complete study to the Commission at its fifty-eighth session.
In a resolution (E/CN.4/Sub.2/2000/L.17) on the promotion of dialogue on human rights, the Subcommission 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; endorsed the cooperative approach in search of common understanding and reasonable accommodation of divergent views; and decided to continue its consideration of the question.
In a resolution (E/CN.4/Sub.2/2000/L.18) on encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions, the Subcommission 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, immediately before the fifty-third session of the Subcommission, or as soon as possible, with a view to examining comprehensively obstacles to ratification of the Covenants and to looking for ways of surmounting them; requested the Office of the High Commissioner, in preparing for and holding this seminar, to gather all available information about obstacles to effective enjoyment of human rights and fundamental freedoms embodied in the Universal Declaration and obstacles to ratification of the Covenants and measures being taken by States to remove them; recommended that the participants in the seminar define areas in which assistance from the United Nations might be useful for the States concerned and that they adopt specific recommendations; recommended that the participants formulate agreed recommendations concerning the creation of a permanent or temporary mechanism for encouraging efforts by States to observe the rights and freedoms contained in the International Covenants and for encouraging their ratification; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
In a measure (E/CN.4/Sub.2/2000/L.32) on the humanitarian situation of the population of Iraq, the Subcommission decided to appeal again to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted and to urge the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the delivery of food and medical supplies to meet their basic needs.
In a resolution (E/CN.4/Sub.2/2000/L.31) on the role of universal or extraterritorial competence in preventive action against impunity, the Subcommission invited Governments to cooperate among themselves, in a reciprocal manner, even in the absence of a treaty 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, in particular because of the nationality of the victim or of the perpetrator; and 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.
In a measure on gross and massive violations of human rights as an international crime, the Subcommission decided to request 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 in order to provide remedies to victims of prejudice and to honour their memory.
CORRIGENDUM
In press release HR/SC/00/26 of 17 August 2000, the statement of the International Human Rights Association of American Minorities on page 4 should read as follows:
RONALD BARNES, of the International Human Rights Association of American Minorities, said Indigenous Peoples had been excluded from participating in the development of the now colonial state of Alaska in the United States. The U.S. Supreme Court had ruled in the Tee-Hit-Ton case in 1955 that the land in Alaska was for the white race and that Indigenous Peoples of Alaska had no Fifth Amendment rights -- that was, no right to life, property, due process of law, etc. This was the basis for the creation of the Alaska Native Claims Settlement Act. These actions constituted racial apartheid. He would also like to correct the record from last year and submit a page from the Alaska Statehood Commission Report which stated that ANCSA could no longer be considered a Native Claims Settlement Act.
MICHAEL ECKFORD said sovereign traditional rights of aboriginal peoples also should be upheld; and aboriginal peoples asserted their right to be free from legal and territorial interference in their lives.
* *** *
and Protection of Human Rights
52nd session
18 August 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights approved a number of resolutions and decisions this morning related to freedom of movement, the encouragement of ratification and implementation of international human-rights treaties, contemporary forms of slavery, and administration of justice.
The Subcommission appealed to the international community and the United Nations Security Council for embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted and urged the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population by facilitating the delivery of food and medical supplies.
In a resolution on the role of universal or extraterritorial competence in preventive action against impunity, 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.
In a resolution on the right to seek and enjoy asylum, the Subcommission urged all States to respect the principle of non-refoulement and to safeguard the right of everyone to seek and enjoy in other countries asylum from persecution. In another measure, it encouraged States to adopt alternatives to detention of asylum seekers.
An omnibus resolution on contemporary forms of slavery called, among other things, 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 in all its forms and steps to end corruption that perpetuated such trafficking; for an end to misuse of the Internet for purposes of sexual exploitation; for better protections of migrant workers and child domestic workers from abuse; for elimination of child labour, especially in hazardous occupations; and for further efforts to end the sale of children, child prostitution and child pornography.
In a resolution on encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions, the Subcommission 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 ratification of the Covenants and to looking for ways of surmounting them.
In its first votes this year, and following lengthy debate, the Subcommission rejected, by a roll-call vote of 12 opposed and 8 in favour, with 3 abstentions, an amendment that would have had two Experts, Miguel Alfonso Martinez and Paulo Sergio Pinheiro, carry out together a study on "human rights and human responsibilities", and decided, by a roll-call vote of 14 in favour, 4 opposed, and 5 abstentions, to appoint Mr. Alfonso Martinez perform the study. A third roll-call vote of 12 against and 6 in favour, with 5 abstentions, rejected a draft decision to have Mr. Pinheiro carry out a second study on the same topic.
In other measures, the Subcommission decided to request 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 propositions for remedies to victims of prejudice; and called for constructive dialogue and consultations on the basis of equality and mutual respect in matters of human rights.
By a show of hands, the Subcommission voted to postpone until next year debate on a resolution on the right of return.
The Subcommission will reconvene at 3 p.m. to conclude action on remaining draft resolutions and decisions and to adjourn its fifty-second session.
Action on draft resolutions and decisions
In a resolution (E/CN.4/Sub.2/2000/L.22) on contemporary forms of slavery, the Subcommission recommended the following actions. Concerning bonded labour and debt bondage, the Subcommission urged States to, whenever cases of debt bondage were reported in their countries, take action as a matter of urgency to secure the release of those concerned, to develop techniques for assessing whether workers were bonded, even if they were intimidated or unwilling to reveal their bonded status, to prevent reprisals from being taken against them and to ensure they would not revert into bondage subsequently; urged States to intervene as a matter of priority when human rights defenders were subjected to harassment or persecution for their involvement in trying to assist bonded labourers; strongly recommended that States which had adopted laws against debt bondage or bonded labour and in which cases of debt bondage continued to be reported ensure the effectiveness of the rule of law and fully apply legal and judicial procedures ensuring the prosecution and punishment of those involved in reducing men, women or children to bondage; and recommended that Member States set up monitoring committees to investigate reports of debt bondage and to establish a number of people in their country who were subject to servile status as a result of debt bondage, giving special attention to monitoring constraints on migrant workers and imposed by employers or others who advanced them money and to ensure that migrant workers were not subjected to debt bondage, and that, if debt bondage was reported, Member States considered establishing special institutions to implement the law against this abusive practice, such as special law enforcements units or commissions at either national or local level.
The Subcommission urged States to give special attention to ensure that all children of bondage labourers completed primary education whether or not the children themselves were bonded; urged Member States in which cases of debt bondage had been reported in the past five year to implement the Programme of Action against Child Bondage of the International Labour Organization, in particular with respect to children subject to debt bondage, but also ensuring that, for adult men or women who were reported to be effected, the same or similar measures were applied with respect to them, as well to entire families who were subjected to debt bondage; recommended that all competent United Nations organs, specialised organs, development banks and intergovernmental agencies involved in development initiatives, took action to contribute to the elimination of debt bondage, in particular by the provision of alternative sources of credit to bonded labourers and decided to keep the question of debt bondage under consideration and to assess the progress achieved at future sessions with a view of the total elimination of this abhorrent practice.
Concerning the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, the Subcommission invited the Board of Trustees of the Voluntary Fund to promote the participation at the annual session of the Working Group of individuals and organizations from as large a number of countries as possible, in accordance with the priorities established in the agenda of the working group.
Regarding the traffic in persons and exploitation of the prostitution of others, the Subcommission urged Governments which had not yet done so, to ratify the 1949 Convention for the Suppression of Traffic in Persons and of the Exploitation of the Prostitution of Others, International Labour Organization Convention 182 concerning the Worst Forms of Child Labour and the Convention on the Elimination of All Forms of Discrimination against Women; urged States to devise and adopt comprehensive national plans of action against trafficking in persons and exploitation of the prostitution of others, based on data collection, research and analysis, and in collaboration with non-governmental organisations; urged States to ensure that their national development policies did not intensify the marginalization of women and place them at a risk of sexual exploitation; and strongly recommended to States to ensure the effectiveness of the rule of law, to apply fully legal and judicial procedures, and to prosecute and penalise the criminals involved in the trafficking in women and children and exploitation of the prostitution of women and children.
The Subcommission called upon States to provide social services to the victims and survivors of trafficking and sexual exploitation, including shelter, counselling, medical care, legal services, education, job training and employment, and to take measures to prevent discrimination against and stigmatisation of these victims; strongly recommended that the Ad Hoc Committee on the elaboration of the convention against transnational organized crime ensured that the protocol to prevent, suppress and punish trafficking in persons, and the protocol against the smuggling of migrants did not conflict with or undermine existing international human right obligations and standards; and recommended that the issue of trafficking in persons, prostitution and related practices of sexual exploitation be considered during the preparatory process of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and at the World Conference itself.
On the issue of international cooperation for the prevention of illegal trafficking in persons, prostitution and the expansion of the world sex industry, the Subcommission invited Member States to share with their respective competent national enforcement agencies all information deemed useful for preventing and suppressing such actions.
Regarding the prevention of transborder trafficking in children in all its forms and the role of corruption and the perpetuation of slavery and slavery-like practice, the Subcommission urged once again all States to take adequate steps to monitor and enforce laws, particularly as they related to slavery, slavery-like practices and corruption including trafficking women and children.
Concerning the misuse of the Internet for the purpose of sexual exploitation, the Subcommission recommended that Governments, as a mater of priority, reviewed, amended and enforced existing laws, or enacted new laws, to prevent the misuse of the Internet for trafficking or for the purpose of exploitation of women and children and requested Governments to investigate and use as evidence of crimes and acts of discrimination advertising, correspondence and other communications over the Internet to promote sex trafficking, the exploitation of prostitution, sex tourism, bride trafficking and rape.
In reference to the implementation of the Convention on Slavery, the Subcommission recommended that all States which were not parties to the many conventions related to slavery be called upon to become parties as soon as possible and to enact any legislation necessary to ensure that their laws conformed to the terms of those treaties.
With regard to migrant workers, the Subcommission strongly condemned practice of unequal treatment of migrant workers and the denial of their human dignity; decided to continue to give special attention to the situation of migrant workers, in particular domestic workers, and urged Governments to ensure that protective regulations governed their employment situation and provided for safe conditions of work and also urged States to take the necessary measures to prohibit and punish the confiscation of passports belonging to migrant workers, in particular migrant domestic workers.
On the topic of child domestic workers, the Subcommission urged States, while attempting ultimately to eliminate the phenomenon of child domestic labour to, inter alia, enact and implement laws on compulsorily and free primary education, to adopt and enforce measures and regulations to protect child domestic workers and to ensure that their labour was not exploited and recommended that the International Labour Organization gave more emphasis to the issue of domestic workers.
On the elimination of child labour, the Subcommission urged all States to adopt measures and regulations to protect child labourers and to ensure that their labour was not exploited and to prohibit their labour in hazardous occupations.
Regarding the sale of children, child prostitution and child pornography, the Subcommission requested the Special Rapporteur, within the framework of her mandate, to continue to pay attention to issues relating to
the trafficking of children, such as organ transplants, disappearances, the purchase and sale of children, adoption for commercial purposes or exploitation, child prostitution and child pornography.
The Subcommission also requested the Secretary-General to give effect to his decision to reassign to the Working Group a Professional staff member of the Office of the High Commissioner for Human Rights to work on a permanent basis to ensure continuity and close coordination within and outside the Office on issues relating to contemporary forms of slavery, in accordance with Commission on Human Rights resolutions 1996/61 and 1999/46.
In a resolution (E/CN.4/Sub.2/2000/L.25) on the right to seek and enjoy asylum, the Subcommission urged all States to respect the principle of non-refoulement within their obligation under Refugee Conventions and other human rights instruments and to safeguard and give effect to the right of everyone to seek and enjoy in other countries 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; also urged Governments and other entities, including intergovernmental and non-governmental organizations, to intensify their efforts, including educational and other programmes, to combat racism, racial discrimination, xenophobia and related intolerance against non-nationals, and, in particular, asylum-seekers and refugees; and requested the Special Rapporteur on the rights of non-citizens to give special attention to the situation of asylum-seekers and refugees and to make practical recommendations for the further work of the Subcommission on this matter.
In a resolution (E/CN.4/Sub.2/2000/L.26) on the detention of asylum seekers, the Subcommission expressed deep concern about all persecution, including persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, in relation to asylum-seekers from whatever regions they come; encouraged the Human Rights Committee and the European Court of Human Rights to continue their examination of the detention of asylum-seekers; welcomed the application of the body of principles for the protection of all persons under any form of detention or imprisonment to immigrants and asylum-seekers in custody; welcomed the adoption of guidelines on applicable criteria and standards relating to the detention of asylum-seekers of the Office of the High Commissioner for Refugees (UNHCR); commended those States that abided by the guidelines and other relevant standards; encouraged States to adopt alternatives to detention such as those enumerated in the guidelines; recommended that where detention was employed, States provide UNHCR with information on how detention policies and practices conformed to relevant international standards; strongly urged States to abide by their respective international obligations in regard to detention practices and policies in the context of persons seeking asylum; and strenuously urged States that had not already done so to abide by the UNHCR guidelines and other relevant standards.
In a measure on methods of work related to the agenda item on freedom of movement, the Subcommission 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.
In a measure (E/CN.4/Sub.2/2000/L.4) on human rights and human responsibilities, adopted by a vote of 14 in favor, 4 against and 5 abstentions, the Subcommission decided to appoint Subcommission member Miguel Alfonso Martinez to undertake a study on the topic, and to submit a preliminary report to the Commission on Human Rights at its fifty-eighth session and a final report at its fifty-ninth session.
VLADIMIR KARTASHKIN, Subcommission Alternate Member, said that Mr. Pinheiro and Mr. Alfonso Martinez were both friends but he had more sympathy for Mr. Pinheiro. Despite that, he voted against the amendment as he had already made a commitment to Mr. Alfonso Martinez and secondly because the two could clearly not work together.
LOUIS JOINET, Subcommission Expert, said he had entered the amendment because he preferred that these things occurred openly and transparently. He would support resolution L.4.
ASBJORN EIDE, Subcommission Expert, said he regretted the stance taken by Mr. Alfonso Martinez and regretted that there would not be two views provided in the resulting study; he would take that into account when he looked at the study that was produced. He regretted that there was a very divided house on this matter.
DAVID WEISSBRODT, Subcommission Expert, said that the nature of the decision before the experts came from the Commission on Human Rights which had created a problem in requesting the Subcommission to present a working paper on human rights and human responsibilities without any financial consideration. Such a working paper was important in this particular case. Mrs. Daes had already completed such a study several years ago. Did the topic need further study, or should the responsibility lie with the Commission as opposed to the Subcommission? It was a procedurally premature request by the Commission. He was willing to join consensus, as one had to cooperate through the mess that had been created by the Commission.
MIGUEL ALFONSO MARTINEZ, Subcommission Expert, said he had voted against the amendment with a view to rejecting the false assumption that he refused to cooperate; there was an incompatibility in this case that did not proceed from an inability to get along.
CHRISTY EZIM MBONU, Subcommission Alternate Member, said she respected Mr. Pinheiro, but had already co-sponsored Mr. Alfonso Martinez. Last time, there had been a joint effort between Mr. Joinet and Mr. Guisse. It had not worked. People should not be forced to work together against their will.
PAULO SERGIO PINHEIRO, Subcommission Expert, said he was new here; he was not responsible for the ghosts in this Subcommission; Brazil was an odd country, but it was in the Southern Hemisphere. He had accepted the idea of making this study on the first day of the session when it was broached to him; since he was a new member he had simply talked to people; he had had no idea of getting into a conspiracy with Mr. Alfonso Martinez and he did not want to disrupt a study by that Expert. He did not see why he should give up his own interests, and did not see why Mr. Alfonso Martinez should give up his, either; he was willing to cooperate and Mr. Alfonso Martinez was not. That was his right. He did not want to hear about any mythological North-South conflict; that was not what was happening here.
A measure (E/CN.4/Sub.2/2000/L.5) on the human rights and human responsibilities was rejected by roll-call vote of 6 votes for, 12 against and 5 abstentions. The measure would have decided to entrust Paulo Sergio Pinheiro with the task of preparing, without financial implications, a working paper on the subject, to be submitted at the Subcommission's fifty-third session, and to submit an interim study to the Commission on Human Rights at its fifty-seventh session and a complete study to the Commission at its fifty-eighth session.
In a resolution (E/CN.4/Sub.2/2000/L.17) on the promotion of dialogue on human rights, the Subcommission 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; endorsed the cooperative approach in search of common understanding and reasonable accommodation of divergent views; and decided to continue its consideration of the question.
In a resolution (E/CN.4/Sub.2/2000/L.18) on encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions, the Subcommission 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, immediately before the fifty-third session of the Subcommission, or as soon as possible, with a view to examining comprehensively obstacles to ratification of the Covenants and to looking for ways of surmounting them; requested the Office of the High Commissioner, in preparing for and holding this seminar, to gather all available information about obstacles to effective enjoyment of human rights and fundamental freedoms embodied in the Universal Declaration and obstacles to ratification of the Covenants and measures being taken by States to remove them; recommended that the participants in the seminar define areas in which assistance from the United Nations might be useful for the States concerned and that they adopt specific recommendations; recommended that the participants formulate agreed recommendations concerning the creation of a permanent or temporary mechanism for encouraging efforts by States to observe the rights and freedoms contained in the International Covenants and for encouraging their ratification; and recommended a draft decision to that effect to the Commission on Human Rights for adoption.
In a measure (E/CN.4/Sub.2/2000/L.32) on the humanitarian situation of the population of Iraq, the Subcommission decided to appeal again to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted and to urge the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the delivery of food and medical supplies to meet their basic needs.
In a resolution (E/CN.4/Sub.2/2000/L.31) on the role of universal or extraterritorial competence in preventive action against impunity, the Subcommission invited Governments to cooperate among themselves, in a reciprocal manner, even in the absence of a treaty 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, in particular because of the nationality of the victim or of the perpetrator; and 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.
In a measure on gross and massive violations of human rights as an international crime, the Subcommission decided to request 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 in order to provide remedies to victims of prejudice and to honour their memory.
CORRIGENDUM
In press release HR/SC/00/26 of 17 August 2000, the statement of the International Human Rights Association of American Minorities on page 4 should read as follows:
RONALD BARNES, of the International Human Rights Association of American Minorities, said Indigenous Peoples had been excluded from participating in the development of the now colonial state of Alaska in the United States. The U.S. Supreme Court had ruled in the Tee-Hit-Ton case in 1955 that the land in Alaska was for the white race and that Indigenous Peoples of Alaska had no Fifth Amendment rights -- that was, no right to life, property, due process of law, etc. This was the basis for the creation of the Alaska Native Claims Settlement Act. These actions constituted racial apartheid. He would also like to correct the record from last year and submit a page from the Alaska Statehood Commission Report which stated that ANCSA could no longer be considered a Native Claims Settlement Act.
MICHAEL ECKFORD said sovereign traditional rights of aboriginal peoples also should be upheld; and aboriginal peoples asserted their right to be free from legal and territorial interference in their lives.
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