SUB-COMMISSION HEARS STATEMENTS ON EXTENSION OF HUMAN RIGHTS COUNCIL MANDATES AND MECHANISMS

Sub-Commission on the Promotion
and Protection of Human Rights

22 August 2006


The Sub-Commission on the Promotion and the Protection of Human Rights this morning briefly met in public session to hear statements on the implementation of Human Rights Council decision 2006/102 and other related issues.

In its decision 2006/102 entitled “Extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights”, the Human Rights Council decided, among other things, to extend exceptionally for one year the mandates and the mandate-holders of all the Commission’s special procedures, of the Sub-Commission, and the procedure established in accordance with Economic and Social Council resolution 1503.

The representative of Pakistan, speaking on behalf of the Organization of the Islamic Conference (OIC), said that the Sub-Commission had given valuable input to the Commission on Human Rights, had taken initiatives for the creation of new instruments, and had helped develop international law in several areas. Now its successor body could use the Sub-Commission’s proven cognitive and interpretative tools to underpin the new human rights regime led by the Human Rights Council. The Sub-Commission might be retained as a think tank or advisory body, but its nomenclature could be changed.

Chen Shiqiu, Sub-Commission Expert, welcomed Pakistan’s statement, saying that it would contribute to the debate of the Sub-Commission on the implementation of Human Rights Council decision 2006/102 and other related issues.

After adjourning its public meeting, the Sub-Commission continued its deliberations in a closed session.

The Sub-Commission will meet in public this afternoon at 3 p.m. to continue its debate on the administration of justice, rule of law and democracy.

Statements

MASOOD KHAN (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), said that the Sub-Commission had had a brilliant past and should have a bright future. In the past it had given valuable input to the Commission on Human Rights, had taken initiatives for the creation of new instruments, and had helped develop international law in several areas. Now its successor body could use the Sub-Commission’s proven cognitive and interpretative tools to underpin the new human rights regime led by the Human Rights Council.

Mr. Khan recalled that at the last informal consultations, held on 2 August, the OIC had submitted a paper enunciating seven principles: the Sub-Commission might be retained as a think tank or advisory body, but its nomenclature could be changed; its composition should reflect the geographic representation of regional groups in the Council; elections should be held by the Council from experts nominated by States; experts could serve a maximum of two terms of three years each; it should advise the Council on the whole range of human rights issues including normative work as well as the Council’s responsibilities in the area of promotion and protection of human rights; the body should provide input to the Council in the form of studies, reports and recommendations on subjects recommended by the Council; and its work should be purely thematic and should not take up country-specific issues. While recent interaction with Sub-Commission members indicated broad convergence with the OIC proposals, on a few points further discussion and refinement were needed. One concerned the expert body’s “power of initiative” within its broad remit. Could the expert body look at legal lacunae and inconsistencies, for example, he asked. The other referred to term limits, as it had been argued that such limits would tend to disrupt continuity, among other things. The OIC would see how it could revisit those topics and would welcome receiving counsel and inputs from individual Sub-Commission members as it got into the thick of negotiations in the Working Group.

CHEN SHIQIU, Sub-Commission Expert, said the contribution made by the delegation of Pakistan to the debate was very important. The statement would enrich the discussion of the Sub-Commission and the statement should be circulated among the Experts.
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For use of the information media; not an official record