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11 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
11 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon consensus resolutions and measures calling for elimination of the negative humanitarian impacts of sanctions and embargoes; proposing topics of discussion for the upcoming World Conference against Racism; and declaring that discrimination based on "work and descent" was a violation of international human rights law.
The Subcommission also recommended that the World Conference against Racism pay extensive attention to the discrimination against migrant workers.
The measure on economic embargoes recommended that all components of the United Nations system observe and implement human-rights standards and international humanitarian law; said the Commission on Human Rights should recommend to the Security Council that, as a first step, it alleviate sanctions regimes so as to eliminate their impact on civilian populations by permitting the import of civilian goods, in particular to ensure access to food and medicinal and pharmaceutical supplies in all cases; and urged Governments targeted by sanctions and those Governments responsible for the implementation of sanctions to respect human rights and international peace and security obligations and to facilitate, by all available means, the alleviation of humanitarian crises in countries subject to sanctions.
The resolution on the upcoming work of the World Conference against Racism proposed, among other things, that the global summit consider such topics as current realities in the aftermath of slavery and colonialism, including the legal implications of the slave trade and the conditions of persons of African descent in the Americas; the impact of economic globalization; early warning, urgent procedures, and sanctions in response to situations of racial discrimination; improved mechanisms for the implementation of international conventions against contemporary forms of slavery; remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims; combatting hate speech and promoting tolerance in the digital age; policies to protect the rights of indigenous peoples; and racism within criminal justice systems.
The measure on discrimination based on work or descent urged, among other things, appropriate legal penalties and sanctions, including criminal sanctions, to be prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in such practices of discrimination; and the Subcommission decided to entrust one of its Experts, Rajendra Kalidas Wimlala Goonesekere, with the task of preparing, without financial implications, a working paper on the topic.
The Subcommission also decided, in other action, to appoint Expert David Weissbrodt as Special Rapporteur with the task of preparing a comprehensive study on the subject of the rights of non-citizens; and to remind Governments to respond to a Subcommission questionnaire on the concept and practice of affirmative action.
The Subcommission will resume at 10 a.m. on Monday, 14 August, to continue its debate on the human rights of indigenous peoples.
Action on draft resolutions and measures
In a resolution (E/CN.4/Sub.2/2000/L.9) on the human rights and humanitarian consequences of sanctions, including embargoes, adopted by consensus, the Subcommission appealed to the Commission on Human Rights to recommend to all components of the United Nations system that they observe and implement all relevant provisions of human rights and international humanitarian law; that the Commission recommend to the Security Council that it, as a first step, 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; encouraged the international community to take appropriate and immediate measures to alleviate the suffering of people adversely affected by sanctions imposed upon their countries; and urged Governments targeted by sanctions, as well as those Governments responsible for the implementation of these sanctions, to respect human rights and international peace and security obligations and to facilitate, by all available means, the alleviation of the humanitarian crisis in countries subject to sanctions.
In a measure (E/CN.4/Sub.2/2000/L.7) on the rights of non-citizens, adopted by consensus, the Subcommission decided to appoint David Weissbrodt as Special Rapporteur with the task of preparing a comprehensive study on the subject and requested him to submit a preliminary report to the Subcommission at its fifty-third session, a progress report at the fifty-fourth, and a final report at the fifty-fifth session.
In a measure (E/CN.4/Sub.2/2000/L.8) on the concept and practice of affirmative action, adopted by consensus, the Subcommission decided to request the Secretary-General to remind Governments, international organizations and non-governmental organizations that have received a questionnaire from the Special Rapporteur on affirmative action to submit their responses at the earliest possible convenience.
In a resolution (E/CN.4/Sub.2/2000/L.12) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers, adopted by consensus, the Subcommission requested the Preparatory Committee of the Conference to include a separate item on migrant workers in the agenda of the Conference; considered that the World Conference should stress the need for States, especially States of destination, to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and should draw the attention of States parties to the urgent need to implement the standards established by the United Nations and the International Labour Organization by strengthening their anti-discriminatory legislation or by enacting laws condemning discrimination, xenophobia and intolerance in all their forms; requested the World Conference to recommend to the General Assembly that it proclaim 18 December each year an international day of solidarity with migrant workers and their families; and further requested the World Conference to study and propose ways and means of putting an end to the racist campaigns encouraging violence against migrant workers through the Internet, sections of the media and political activities.
In a resolution (E/CN.4/Sub.2/2000/L.13) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, adopted by consensus, the Subcommission declared that all forms of racism were among the most serious violations of human rights and must be combatted; regretted the continued lack of interest, support and financial resources for the Third Decade to Combat Racism and Racial Discrimination and the Programme of Action for the Third Decade, and called upon all Governments, UN bodies, specialized agencies and interested non-governmental organizations to contribute fully to the implementation of the Programme of Action; 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; and suggested that the World Conference focus, among other things, on the link between contemporary forms of slavery and racial and other discrimination based on descent; on current realities in the aftermath of slavery and colonialism, including the legal implications of the slave trade and the conditions of persons of African descent in the Americas; on the impact of economic globalization; on prevention of racial discrimination, including early warning and urgent procedures and sanctions as well as accountability of non-State actors; on prevention of racial discrimination through labour regulation, migration regulation, education, and other information; on remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims and descendants of victims of racial discrimination; on international mechanisms for protecting persons belonging to minorities; on improved mechanisms for the implementation of international conventions against contemporary forms of slavery; on combatting hate speech and promoting tolerance in the digital age; on policies to protect the rights of indigenous peoples; and on racism within criminal justice systems; and also recommended that the World Conference define a global and system-wide strategy to combat racism which could lead to concrete results.
In a resolution (E/CN.4/Sub.2/2000/L.14) on discrimination based on work and descent, adopted by consensus, the Subcommission declared that discrimination on such a basis 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 that such measures were implemented at all levels; urged relevant Governments to ensure that appropriate legal penalties and sanctions, including criminal sanctions, were prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in practices of discrimination on the basis of occupation or descent; and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on the topic.
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and Protection of Human Rights
52nd session
11 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon consensus resolutions and measures calling for elimination of the negative humanitarian impacts of sanctions and embargoes; proposing topics of discussion for the upcoming World Conference against Racism; and declaring that discrimination based on "work and descent" was a violation of international human rights law.
The Subcommission also recommended that the World Conference against Racism pay extensive attention to the discrimination against migrant workers.
The measure on economic embargoes recommended that all components of the United Nations system observe and implement human-rights standards and international humanitarian law; said the Commission on Human Rights should recommend to the Security Council that, as a first step, it alleviate sanctions regimes so as to eliminate their impact on civilian populations by permitting the import of civilian goods, in particular to ensure access to food and medicinal and pharmaceutical supplies in all cases; and urged Governments targeted by sanctions and those Governments responsible for the implementation of sanctions to respect human rights and international peace and security obligations and to facilitate, by all available means, the alleviation of humanitarian crises in countries subject to sanctions.
The resolution on the upcoming work of the World Conference against Racism proposed, among other things, that the global summit consider such topics as current realities in the aftermath of slavery and colonialism, including the legal implications of the slave trade and the conditions of persons of African descent in the Americas; the impact of economic globalization; early warning, urgent procedures, and sanctions in response to situations of racial discrimination; improved mechanisms for the implementation of international conventions against contemporary forms of slavery; remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims; combatting hate speech and promoting tolerance in the digital age; policies to protect the rights of indigenous peoples; and racism within criminal justice systems.
The measure on discrimination based on work or descent urged, among other things, appropriate legal penalties and sanctions, including criminal sanctions, to be prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in such practices of discrimination; and the Subcommission decided to entrust one of its Experts, Rajendra Kalidas Wimlala Goonesekere, with the task of preparing, without financial implications, a working paper on the topic.
The Subcommission also decided, in other action, to appoint Expert David Weissbrodt as Special Rapporteur with the task of preparing a comprehensive study on the subject of the rights of non-citizens; and to remind Governments to respond to a Subcommission questionnaire on the concept and practice of affirmative action.
The Subcommission will resume at 10 a.m. on Monday, 14 August, to continue its debate on the human rights of indigenous peoples.
Action on draft resolutions and measures
In a resolution (E/CN.4/Sub.2/2000/L.9) on the human rights and humanitarian consequences of sanctions, including embargoes, adopted by consensus, the Subcommission appealed to the Commission on Human Rights to recommend to all components of the United Nations system that they observe and implement all relevant provisions of human rights and international humanitarian law; that the Commission recommend to the Security Council that it, as a first step, 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; encouraged the international community to take appropriate and immediate measures to alleviate the suffering of people adversely affected by sanctions imposed upon their countries; and urged Governments targeted by sanctions, as well as those Governments responsible for the implementation of these sanctions, to respect human rights and international peace and security obligations and to facilitate, by all available means, the alleviation of the humanitarian crisis in countries subject to sanctions.
In a measure (E/CN.4/Sub.2/2000/L.7) on the rights of non-citizens, adopted by consensus, the Subcommission decided to appoint David Weissbrodt as Special Rapporteur with the task of preparing a comprehensive study on the subject and requested him to submit a preliminary report to the Subcommission at its fifty-third session, a progress report at the fifty-fourth, and a final report at the fifty-fifth session.
In a measure (E/CN.4/Sub.2/2000/L.8) on the concept and practice of affirmative action, adopted by consensus, the Subcommission decided to request the Secretary-General to remind Governments, international organizations and non-governmental organizations that have received a questionnaire from the Special Rapporteur on affirmative action to submit their responses at the earliest possible convenience.
In a resolution (E/CN.4/Sub.2/2000/L.12) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers, adopted by consensus, the Subcommission requested the Preparatory Committee of the Conference to include a separate item on migrant workers in the agenda of the Conference; considered that the World Conference should stress the need for States, especially States of destination, to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and should draw the attention of States parties to the urgent need to implement the standards established by the United Nations and the International Labour Organization by strengthening their anti-discriminatory legislation or by enacting laws condemning discrimination, xenophobia and intolerance in all their forms; requested the World Conference to recommend to the General Assembly that it proclaim 18 December each year an international day of solidarity with migrant workers and their families; and further requested the World Conference to study and propose ways and means of putting an end to the racist campaigns encouraging violence against migrant workers through the Internet, sections of the media and political activities.
In a resolution (E/CN.4/Sub.2/2000/L.13) on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, adopted by consensus, the Subcommission declared that all forms of racism were among the most serious violations of human rights and must be combatted; regretted the continued lack of interest, support and financial resources for the Third Decade to Combat Racism and Racial Discrimination and the Programme of Action for the Third Decade, and called upon all Governments, UN bodies, specialized agencies and interested non-governmental organizations to contribute fully to the implementation of the Programme of Action; 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; and suggested that the World Conference focus, among other things, on the link between contemporary forms of slavery and racial and other discrimination based on descent; on current realities in the aftermath of slavery and colonialism, including the legal implications of the slave trade and the conditions of persons of African descent in the Americas; on the impact of economic globalization; on prevention of racial discrimination, including early warning and urgent procedures and sanctions as well as accountability of non-State actors; on prevention of racial discrimination through labour regulation, migration regulation, education, and other information; on remedies, redress mechanisms, reparations, including affirmative action, and compensation for victims and descendants of victims of racial discrimination; on international mechanisms for protecting persons belonging to minorities; on improved mechanisms for the implementation of international conventions against contemporary forms of slavery; on combatting hate speech and promoting tolerance in the digital age; on policies to protect the rights of indigenous peoples; and on racism within criminal justice systems; and also recommended that the World Conference define a global and system-wide strategy to combat racism which could lead to concrete results.
In a resolution (E/CN.4/Sub.2/2000/L.14) on discrimination based on work and descent, adopted by consensus, the Subcommission declared that discrimination on such a basis 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 that such measures were implemented at all levels; urged relevant Governments to ensure that appropriate legal penalties and sanctions, including criminal sanctions, were prescribed for and applied to all persons or entities within the jurisdictions of Governments who might be found to have engaged in practices of discrimination on the basis of occupation or descent; and decided to entrust Rajendra Kalidas Wimlala Goonesekere with the task of preparing, without financial implications, a working paper on the topic.
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