SUB-COMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS ADOPTS 21 RESOLUTIONS AND DECISIONS

09 August 2004

Recommends Nomination of Special Representative
of the Secretary-General on Minority Issues


The Sub-Commission on the Promotion and Protection of Human Rights this afternoon adopted 21 resolutions and decisions on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation in all countries; economic, social and cultural rights; and on the prevention of discrimination.

Under the question of the violation of human rights and fundamental freedoms in all countries, the Sub-Commission recalled that all forms of torture and other cruel, inhuman or degrading treatment or punishment constituted violations of the peremptory norms of international law; and recommended that all States develop independent and effective domestic mechanisms as well as concrete measures to combat torture and other cruel, inhuman or degrading treatment or punishment. It also recalled that arbitrary, summary or extrajudicial killing of an individual was unlawful in all circumstances.

Under economic, social and cultural rights, the Sub-Commission adopted a resolution on indigenous peoples’ permanent sovereignty over natural resources, urging States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of that right.

A resolution on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, encouraged States to aggressively combat and eliminate corruption, particularly among law enforcement agencies and the judiciary.

The Sub-Commission reiterated its decision that the Social Forum should meet every year, and decided that the theme for the Social Forum in 2005 would be “Poverty and economic growth: challenges to human rights” and that it would be addressed within the context of the five-year assessment of the goals set in the United Nations Millennium Declaration. In a separate resolution, the Sub-Commission recommended that the Social Forum be convened annually for a period of five working days.

Also under economic, social and cultural rights, the Sub-Commission adopted resolutions on the realization of the right to drinking water and sanitation; implementation of existing human rights norms and standards in the context of the fight against extreme poverty; the right to development; the right to food and progress in developing international voluntary guidelines for its implementation; and the effects of debt on human rights.

Under the prevention of discrimination, the Sub-Commission welcomed the decision of the Working Group on Minorities to hold regional or sub-regional seminars on the rights of minorities, and recommended the nomination of a special representative of the Secretary-General on minority issues, with a particular focus on country fact-finding missions and preventive diplomacy.

The Sub-Commission adopted a resolution on the final report on the indigenous peoples’ permanent sovereignty over natural resources, in which it expressed its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her excellent and very comprehensive final report on the study on the issue.

It requested the Commission on Human Right to appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, requesting him to submit a preliminary report to the Sub-Commission at its fifty-seventh session.

Also on the prevention of discrimination, the Sub-Commission adopted resolutions and decisions on the impact of intolerance on the enjoyment and respect for human rights; the legal implications of the disappearance of States and other territories for environmental reasons, including implications for human rights of their residents, with particular reference to the rights of indigenous peoples; protection of indigenous peoples in time of conflict; discrimination against leprosy victims and their families; the International Decade of the World’s Indigenous Peoples; and Working Group on Indigenous Population.

When the Sub-Commission reconvenes at 10 a.m. on Tuesday, 10 August, it will continue its debate on specific human rights issues before it starts its general debate on the administration of justice, rule of law and democracy.

Action on Resolutions and Decisions on the Question of the Violation of Human Rights and Fundamental Freedoms, in all Countries

The Sub-Commission on the Promotion and Protection of Human Rights adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.2)* on the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment which recalls that all forms of torture and other cruel, inhuman or degrading treatment or punishment constitute violations of the peremptory norms of international law; welcomes the activities of the Special Rapporteur of the Commission on Human Rights on the question of torture and requests all States to cooperate in good faith with him and to issue an open invitation to him to visit their country; invites all States to ratify, as soon as possible, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; recommends that all States develop independent and effective domestic mechanisms as well as concrete measures to combat torture and other cruel, inhuman or degrading treatment or punishment; and desires that independent and effective investigations and proceedings make it possible to establish the facts, ensure reparation for damages suffered by the victims, punish all persons responsible, at whatever level, and that measures be taken to put an end to such scandals.
It also adopted unanimously the following statement (E/CN.4/Sub.2/2004/L.12) in which it states that: “The Sub-Commission on the Promotion and Protection of Human Rights recalls that the arbitrary, summary or extrajudicial killing of an individual is unlawful in all circumstances”.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.14) entitled final report on the study indigenous peoples’ permanent sovereignty over natural resources which urges all States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems; requests the Office of the United Nations High Commissioner for Human Rights to circulate the draft principles on housing and property restitution for refugees and displaced persons widely among non-governmental organizations, Governments, specialized agencies and other interested parties for comment; and requests the Special Rapporteur to take those comments into account in the preparation of his final report to be considered by the Sub-Commission at its fifty-seventh session.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.15) entitled duration of the Social Forum which recommends that the Social Forum be convened annually for a period of five working days.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.17) entitled corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights which urges States that have not done so to introduce national mechanisms to prevent and combat corruption through the adoption and implementation of specific anti-corruption legislation; encourages States to sign and ratify the United Nations Convention against Corruption and to incorporate its provisions into their domestic law; encourages States to aggressively combat and eliminate corruption, particularly among law enforcement agencies and the judiciary; and requests the Secretary-General to facilitate the work of the Special Rapporteur by enabling her to attend the meetings of the “Friends of the Convention”, which take place in Vienna.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.18) entitled study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights in which it decides to appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights; requests the Special Rapporteur on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, to submit a preliminary report to the Sub-Commission at its fifty-seventh session, an interim report at its fifty-eighth session and a final report at its fifty-ninth session; and requests the Secretary-General to provide the Special Rapporteur with all the necessary assistance to enable him to carry out his mandate.

Comments on Resolution on Study on Non-Discrimination

HALIMA EMBAREK WARZAZI (Sub-Commission Expert) said no delegation ever thought of sexual orientation during the Vienna Human Rights Conference. Sexual orientation had been excluded from the Vienna Conference. She hoped that Mr. Bossuyt would take into consideration in his working paper on non-discrimination the comments of the members of the Sub-Commission and that he not include factors on sexual orientation.

EMMANUEL DECAUX (Sub-Commission Expert) said there was agreement with the proposals made by Ms. Warzazi and there were also changes to be made to the fifth paragraph.

N.U.O. WADIBIA-ANYANWU (Sub-Commission Expert) said that she wished her reservations to be taken into account on this paragraph equally, as expressed by Ms. Warzazi.

ABDUL SATTAR (Sub-Commission Expert) said that Mr. Bossuyt should reflect in his study the comments made by the Experts as mentioned by Ms. Warzazi.

Lalaina Rakotoarisoa (Sub-Commission Expert) said she strongly supported what had been said.

JOSE BENGOA (Sub-Commission Expert) said he wished all observations of all members of the Sub-Commission to be taken into account. International law was developing, and new issues were constantly appearing. The debate was far more complex, far broader than it had been, and there were therefore new views on the topic.

IBRAHIM SALAMA (Sub-Commission Expert) said he also wished to have his reservations on this topic put on record.

FLORIZELLE O’CONNOR (Sub-Commission Expert) endorsed the comment made by Ms. Warzazi.

FRANCOISE JANE HAMPSON (Sub-Commission Expert) said she supported the comments of Mr. Bengoa.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.20) entitled promotion of the realization of the right to drinking water and sanitation which affirms that the access of everyone to drinking water supply must not be subject to any restriction but must be subject to regulation and control by the public authorities; affirms also that the right to water is an individual and collective human right and is closely linked to other rights; and recommends that the Commission on Human Rights approve the request of the Sub-Commission to have the reports of the Special Rapporteur on the promotion of the realization of the right to drinking water supply and sanitation (E/CN.4/Sub.2/2002/10, E/CN.4/Sub.2/2003/WP.3 and E/CN.4/Sub.2/2004/20) issued in the official languages of the United Nations.”

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.21) entitled implementation of existing human rights norms and standards in the context of the fight against extreme poverty which requests Ms. Antoanella-Iulia Motoc, Mr. Emmanuel Decaux, Mr. Yozo Yokota, Mr. El-Hadji Guissé and Mr. José Bengoa, with Mr. Bengoa as coordinator, to prepare, without financial implications, a progress report at the fifty-seventh session and a final report at the fifty-eighth session, on the need to develop, on the basis of the various relevant international instruments, the ongoing work in other forums, the conclusions and recommendations of the Expert Seminar on Human Rights and Extreme Poverty and any other relevant inputs, in particular those received from Governments, guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty; invites the experts to participate in the Social Forum, of which the main theme is poverty, and to contribute to moving the proceedings and discussions in the Forum forward; and invites the experts to cooperate with the independent expert on extreme poverty, Mr. Arjun Sengupta.


Comment on Resolution on Implementation of Existing Human Rights Norms and Standards in the Context of the Fight against Extreme Poverty

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert) said the continuation of the work being done by the colleagues having responsibility for this topic was self-evident. It could be useful to look at the issues mentioned in paragraph 18 of the resolution and examine poverty in general as well as extreme poverty, as this had been studied for more than a decade. The roots of poverty needed to be examined.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.22) entitled the Social Forum in which it reiterates its decision that the Social Forum shall meet every year, and decides that the theme for the Social Forum in 2005 will be “poverty and economic growth: challenges to human rights” and that it will be addressed within the context of the five-year assessment of the goals set in the United Nations Millennium Declaration; requests the Office of the United Nations High Commissioner for Human Rights to seek effective means of ensuring consultation and the broadest possible participation in the Social Forum; invites the Social Forum to submit to the Sub-Commission at its fifty-seventh session a separate report containing a comprehensive and detailed summary of the discussions, including recommendations and draft resolutions; and requests the Secretary-General to adopt the appropriate measures to disseminate information about the Social Forum, invite the relevant individuals and organizations to the Social Forum and take all practical measures required for the success of this initiative.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.24) entitled the right to development, in which it recalls Commission on Human Rights resolution 2003/83 of 25 April 2003 which requested the Sub-Commission to prepare a concept document establishing possible options for the implementation of the right to development, for submission to the Commission at its sixty-first session in 2005 for consideration and determination of the feasibility of those options, as well as its own decision 2003/116 of 14 August 2003 in which it requested Ms. Florizelle O’Connor to submit to the Sub-Commission at its fifty-sixth session a working paper identifying and analysing possible alternatives that would enable the Sub-Commission to respond fully and as effectively as possible to the Commission request, and that it request Ms. O’Connor to submit to the Sub-Commission at its fifty-seventh session the working paper.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/ 2004/ö-25) entitled the right to food and progress in developing international voluntary guidelines for its implementation in which it reiterated the recommendations contained in its resolution 2003/9 of 13 August 2003 and welcomed the progress made by the Intergovernmental Working Group for the Elaboration of a Set of Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, of the Food and Agriculture Organization of the United Nations, in elaborating a set of voluntary guidelines (see document IGWG-RTFG 4/REP1), decided to call upon all Governments and interested and affected parties to continue the drafting process and renew their efforts to reach consensus on the remaining issues so as to make possible the completion and adoption of that set of guidelines.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.31) entitled effects of debt on human rights, in which it welcomed with satisfaction the working paper prepared by Mr. El-Hadji Guissé on the effects of debt on human rights (E/CN.4/Sub.2/2004/27), decided to request Mr Guissé to prepare, without financial implications, an expanded working paper on the effects of debt on human rights and to submit it to it at its fifty-seventh session.

The Sub-Commission adopted unanimously as orally amended a resolution (E/CN.4/Sub.2/2004/L.51) entitled the right to drinking water supply and sanitation, in which it welcomed the reports prepared by Mr. El-Hadji Guissé on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation; and decided to request the Special Rapporteur to prepare, without financial implications, a set of draft guidelines for the realization of the right to drinking water supply and sanitation and to submit them to it at its fifty-seventh session.

Action on Resolutions and Decisions on Prevention of Discrimination

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.3) entitled final report on the study “indigenous peoples’ permanent sovereignty over natural resources” in which it expresses its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her excellent and very comprehensive final report on the study “indigenous peoples’ permanent sovereignty over natural resources”; decides to submit the final report to the Commission of Human Rights at its sixty-first session and requests the Special Rapporteur, owing to the complexity of the issues relating to it, to present the report to the Commission in person; and recommends that the Commission on Human Rights and the Economic and Social Council authorize the Office of the United Nations High Commissioner for Human Rights to convene an expert seminar to which representatives of indigenous communities and Governments as well as the Special Rapporteur will be invited, in order to give further attention to and to discuss in detail the many political, legal, economic, social and cultural aspects and matters relating to the above-mentioned study, as well as in the other relevant study of the Special Rapporteur on “Indigenous peoples and their relationship to land”.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.4) entitled impact of intolerance on the enjoyment and respect for human rights in which it decides to request Mr. Soli Sorabjee to submit, without financial implications, a working paper on the impact of intolerance on the enjoyment and the exercise of human rights and measures to counter intolerance to the fifty-seventh session of the Sub-Commission, under the same agenda item.

The Sub-Commission adopted as orally amended unanimously a resolution (E/CN.4/Sub.2/2004/ö-5) entitled the legal implications of disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples, in which it welcomes the working paper (E/CN.4/Sub.2/AC.4/2004/CRP.1) on the human rights situation of indigenous peoples in States and other territories threatened with extinction for environmental reasons and endorses the request of the Sub-Commission to Ms. Françoise Hampson to update and expand her work and submit an expanded working paper to the fifty-seventh session of the Sub-Commission.

Comment on Resolution on Legal Implications of Disappearance of States

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert) said the scale of the problem had been amazing, and all should read the paper referred to in this recommendation, as it was an amazing issue to which all should pay attention.
Action on Resolutions and Decisions on the Prevention of Discrimination
The Sub-Commission adopted unanimously a resolution (E/CN.4/Aub.2/2004/L.6) entitled protection of indigenous peoples in time of conflict, in which it requests the Secretary General to ensure that the Special Adviser for the Prevention of Genocide appointed under the Action Plan to Prevent Genocide takes into consideration the need to protect indigenous peoples and their territories; to ensure that, in situations where there are forces present under a United Nations mandate, they protect vulnerable indigenous peoples, their territories and objects indispensable to their survival; and requests the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people: to liase with the Special Adviser with regard to the protection of indigenous peoples from genocide; to develop an emergency response mechanism as part of his mandate.”

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.9) entitled discrimination against leprosy victims and their families in which it requests Mr. Yozo Yokota to prepare, without financial implications, a preliminary working paper on discrimination against leprosy victims and their families, to be submitted to the fifty-seventh session of the Sub-Commission under the agenda item entitled “Prevention of discrimination and protection of minorities”.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.23) entitled the rights of minorities in which it welcomes the decision of the Working Group on Minorities to hold regional or sub-regional seminars, in cooperation with regional mechanisms wherever possible, and welcomes the suggestion to hold such seminars in the African and Asian regions as well as a seminar in the Americas on Afro-descendant issues; welcomes also the intention of the Working Group to hold a seminar on the Roma/Sinti, and the possibility of calling upon the cooperation of the Council of Europe and the Focal Point for Roma and Sinti of the Organization for Security and Cooperation in Europe in regarding the organization of that seminar, to which Roma/Sinti representatives from European and, especially, non-European countries should also be invited; invites the Office of the United Nations High Commissioner for Human Rights to consider organizing training workshops at the national level on the implementation of the rights of minorities; recommends the preparation of a working paper by a member of the Sub-Commission on the advisability of drafting an additional protocol to the International Covenant on Civil and Political Rights containing remedies for violations of minority rights to be presented to the Sub-Commission at its fifty-eighth session; and recommends the nomination of a special representative of the Secretary-General on minority issues, with a particular focus on country fact-finding missions and preventive diplomacy.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.32) entitled International Decade of the World’s Indigenous People in which it recommends that the celebration of the International Day of the World’s Indigenous People be held on the fourth day of the twenty-third session of the Working Group on Indigenous Populations in order to ensure as large a participation of indigenous peoples, governmental representatives and intergovernmental and non-governmental organizations as possible; recommends that the High Commissioner for Human Rights, in consultation with interested Governments and indigenous peoples/organizations, organize meetings in all regions of the world, and in particular activities in Africa, Asia, Oceania and Latin America, in order, inter alia, to raise public awareness about indigenous issues; and invites the High Commissioner for Human Rights, in her capacity as Coordinator of the International Decade, to organize, early in 2005, a consultation with the purpose of elaborating a preliminary draft programme of activities for a possible second international decade of the world’s indigenous people to be submitted, in due course, to the General Assembly for its consideration.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.50) entitled Working Group on Indigenous Populations in which it decided that the Working Group at its twenty-third session shall adopt as the principal theme “Indigenous peoples and the international and domestic protection of traditional knowledge”; decided, in view of the discussions that will take place under the principal theme of its twenty-third session, to invite the Office of the High Commissioner for Human Rights to organize, as a matter of priority, in consultation with the Chairperson-Rapporteur of the Working Group, a second workshop on indigenous peoples, mining and other private sector companies and human rights with a view to preparing guidelines based on respect for the cultures and traditions of these communities and the principle of free, prior and informed consent; and recommends to the Commission on Human Rights that it endorses the Sub-Commission’s request that the Economic and Social Council authorize the Working Group on Indigenous Populations to meet for five working days prior to the fifty-seventh session of the Sub-Commission in 2005.


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- 8 - HR/SC/04/18/Rev.1
9 August 2004

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United Nations Information Service at Geneva : http://www.unog.ch/news

Sub-Commission on the Promotion HR/SC/04/18/Rev.1
and Protection of Human Rights 9 August 2004
AFTERNOON


SUB-COMMISSION ON PROMOTION AND PROTECTION OF HUMAN

RIGHTS ADOPTS 21 RESOLUTIONS AND DECISIONS

Recommends Nomination of Special Representative
of the Secretary-General on Minority Issues


The Sub-Commission on the Promotion and Protection of Human Rights this afternoon adopted 21 resolutions and decisions on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation in all countries; economic, social and cultural rights; and on the prevention of discrimination.

Under the question of the violation of human rights and fundamental freedoms in all countries, the Sub-Commission recalled that all forms of torture and other cruel, inhuman or degrading treatment or punishment constituted violations of the peremptory norms of international law; and recommended that all States develop independent and effective domestic mechanisms as well as concrete measures to combat torture and other cruel, inhuman or degrading treatment or punishment. It also recalled that arbitrary, summary or extrajudicial killing of an individual was unlawful in all circumstances.

Under economic, social and cultural rights, the Sub-Commission adopted a resolution on indigenous peoples’ permanent sovereignty over natural resources, urging States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of that right.

A resolution on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, encouraged States to aggressively combat and eliminate corruption, particularly among law enforcement agencies and the judiciary.

The Sub-Commission reiterated its decision that the Social Forum should meet every year, and decided that the theme for the Social Forum in 2005 would be “Poverty and economic growth: challenges to human rights” and that it would be addressed within the context of the five-year assessment of the goals set in the United Nations Millennium Declaration. In a separate resolution, the Sub-Commission recommended that the Social Forum be convened annually for a period of five working days.

Also under economic, social and cultural rights, the Sub-Commission adopted resolutions on the realization of the right to drinking water and sanitation; implementation of existing human rights norms and standards in the context of the fight against extreme poverty; the right to development; the right to food and progress in developing international voluntary guidelines for its implementation; and the effects of debt on human rights.

Under the prevention of discrimination, the Sub-Commission welcomed the decision of the Working Group on Minorities to hold regional or sub-regional seminars on the rights of minorities, and recommended the nomination of a special representative of the Secretary-General on minority issues, with a particular focus on country fact-finding missions and preventive diplomacy.

The Sub-Commission adopted a resolution on the final report on the indigenous peoples’ permanent sovereignty over natural resources, in which it expressed its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her excellent and very comprehensive final report on the study on the issue.

It requested the Commission on Human Right to appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, requesting him to submit a preliminary report to the Sub-Commission at its fifty-seventh session.

Also on the prevention of discrimination, the Sub-Commission adopted resolutions and decisions on the impact of intolerance on the enjoyment and respect for human rights; the legal implications of the disappearance of States and other territories for environmental reasons, including implications for human rights of their residents, with particular reference to the rights of indigenous peoples; protection of indigenous peoples in time of conflict; discrimination against leprosy victims and their families; the International Decade of the World’s Indigenous Peoples; and Working Group on Indigenous Population.

When the Sub-Commission reconvenes at 10 a.m. on Tuesday, 10 August, it will continue its debate on specific human rights issues before it starts its general debate on the administration of justice, rule of law and democracy.

Action on Resolutions and Decisions on the Question of the Violation of Human Rights and Fundamental Freedoms, in all Countries

The Sub-Commission on the Promotion and Protection of Human Rights adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.2)* on the absolute prohibition of torture and other cruel, inhuman or degrading treatment or punishment which recalls that all forms of torture and other cruel, inhuman or degrading treatment or punishment constitute violations of the peremptory norms of international law; welcomes the activities of the Special Rapporteur of the Commission on Human Rights on the question of torture and requests all States to cooperate in good faith with him and to issue an open invitation to him to visit their country; invites all States to ratify, as soon as possible, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; recommends that all States develop independent and effective domestic mechanisms as well as concrete measures to combat torture and other cruel, inhuman or degrading treatment or punishment; and desires that independent and effective investigations and proceedings make it possible to establish the facts, ensure reparation for damages suffered by the victims, punish all persons responsible, at whatever level, and that measures be taken to put an end to such scandals.
It also adopted unanimously the following statement (E/CN.4/Sub.2/2004/L.12) in which it states that: “The Sub-Commission on the Promotion and Protection of Human Rights recalls that the arbitrary, summary or extrajudicial killing of an individual is unlawful in all circumstances”.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.14) entitled final report on the study indigenous peoples’ permanent sovereignty over natural resources which urges all States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems; requests the Office of the United Nations High Commissioner for Human Rights to circulate the draft principles on housing and property restitution for refugees and displaced persons widely among non-governmental organizations, Governments, specialized agencies and other interested parties for comment; and requests the Special Rapporteur to take those comments into account in the preparation of his final report to be considered by the Sub-Commission at its fifty-seventh session.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.15) entitled duration of the Social Forum which recommends that the Social Forum be convened annually for a period of five working days.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.17) entitled corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights which urges States that have not done so to introduce national mechanisms to prevent and combat corruption through the adoption and implementation of specific anti-corruption legislation; encourages States to sign and ratify the United Nations Convention against Corruption and to incorporate its provisions into their domestic law; encourages States to aggressively combat and eliminate corruption, particularly among law enforcement agencies and the judiciary; and requests the Secretary-General to facilitate the work of the Special Rapporteur by enabling her to attend the meetings of the “Friends of the Convention”, which take place in Vienna.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.18) entitled study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights in which it decides to appoint Mr. Marc Bossuyt as Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights; requests the Special Rapporteur on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, to submit a preliminary report to the Sub-Commission at its fifty-seventh session, an interim report at its fifty-eighth session and a final report at its fifty-ninth session; and requests the Secretary-General to provide the Special Rapporteur with all the necessary assistance to enable him to carry out his mandate.

Comments on Resolution on Study on Non-Discrimination

HALIMA EMBAREK WARZAZI (Sub-Commission Expert) said no delegation ever thought of sexual orientation during the Vienna Human Rights Conference. Sexual orientation had been excluded from the Vienna Conference. She hoped that Mr. Bossuyt would take into consideration in his working paper on non-discrimination the comments of the members of the Sub-Commission and that he not include factors on sexual orientation.

EMMANUEL DECAUX (Sub-Commission Expert) said there was agreement with the proposals made by Ms. Warzazi and there were also changes to be made to the fifth paragraph.

N.U.O. WADIBIA-ANYANWU (Sub-Commission Expert) said that she wished her reservations to be taken into account on this paragraph equally, as expressed by Ms. Warzazi.

ABDUL SATTAR (Sub-Commission Expert) said that Mr. Bossuyt should reflect in his study the comments made by the Experts as mentioned by Ms. Warzazi.

Lalaina Rakotoarisoa (Sub-Commission Expert) said she strongly supported what had been said.

JOSE BENGOA (Sub-Commission Expert) said he wished all observations of all members of the Sub-Commission to be taken into account. International law was developing, and new issues were constantly appearing. The debate was far more complex, far broader than it had been, and there were therefore new views on the topic.

IBRAHIM SALAMA (Sub-Commission Expert) said he also wished to have his reservations on this topic put on record.

FLORIZELLE O’CONNOR (Sub-Commission Expert) endorsed the comment made by Ms. Warzazi.

FRANCOISE JANE HAMPSON (Sub-Commission Expert) said she supported the comments of Mr. Bengoa.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.20) entitled promotion of the realization of the right to drinking water and sanitation which affirms that the access of everyone to drinking water supply must not be subject to any restriction but must be subject to regulation and control by the public authorities; affirms also that the right to water is an individual and collective human right and is closely linked to other rights; and recommends that the Commission on Human Rights approve the request of the Sub-Commission to have the reports of the Special Rapporteur on the promotion of the realization of the right to drinking water supply and sanitation (E/CN.4/Sub.2/2002/10, E/CN.4/Sub.2/2003/WP.3 and E/CN.4/Sub.2/2004/20) issued in the official languages of the United Nations.”

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.21) entitled implementation of existing human rights norms and standards in the context of the fight against extreme poverty which requests Ms. Antoanella-Iulia Motoc, Mr. Emmanuel Decaux, Mr. Yozo Yokota, Mr. El-Hadji Guissé and Mr. José Bengoa, with Mr. Bengoa as coordinator, to prepare, without financial implications, a progress report at the fifty-seventh session and a final report at the fifty-eighth session, on the need to develop, on the basis of the various relevant international instruments, the ongoing work in other forums, the conclusions and recommendations of the Expert Seminar on Human Rights and Extreme Poverty and any other relevant inputs, in particular those received from Governments, guiding principles on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty; invites the experts to participate in the Social Forum, of which the main theme is poverty, and to contribute to moving the proceedings and discussions in the Forum forward; and invites the experts to cooperate with the independent expert on extreme poverty, Mr. Arjun Sengupta.


Comment on Resolution on Implementation of Existing Human Rights Norms and Standards in the Context of the Fight against Extreme Poverty

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert) said the continuation of the work being done by the colleagues having responsibility for this topic was self-evident. It could be useful to look at the issues mentioned in paragraph 18 of the resolution and examine poverty in general as well as extreme poverty, as this had been studied for more than a decade. The roots of poverty needed to be examined.

Action on Resolutions and Decisions on Economic, Social and Cultural Rights

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.22) entitled the Social Forum in which it reiterates its decision that the Social Forum shall meet every year, and decides that the theme for the Social Forum in 2005 will be “poverty and economic growth: challenges to human rights” and that it will be addressed within the context of the five-year assessment of the goals set in the United Nations Millennium Declaration; requests the Office of the United Nations High Commissioner for Human Rights to seek effective means of ensuring consultation and the broadest possible participation in the Social Forum; invites the Social Forum to submit to the Sub-Commission at its fifty-seventh session a separate report containing a comprehensive and detailed summary of the discussions, including recommendations and draft resolutions; and requests the Secretary-General to adopt the appropriate measures to disseminate information about the Social Forum, invite the relevant individuals and organizations to the Social Forum and take all practical measures required for the success of this initiative.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.24) entitled the right to development, in which it recalls Commission on Human Rights resolution 2003/83 of 25 April 2003 which requested the Sub-Commission to prepare a concept document establishing possible options for the implementation of the right to development, for submission to the Commission at its sixty-first session in 2005 for consideration and determination of the feasibility of those options, as well as its own decision 2003/116 of 14 August 2003 in which it requested Ms. Florizelle O’Connor to submit to the Sub-Commission at its fifty-sixth session a working paper identifying and analysing possible alternatives that would enable the Sub-Commission to respond fully and as effectively as possible to the Commission request, and that it request Ms. O’Connor to submit to the Sub-Commission at its fifty-seventh session the working paper.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/ 2004/ö-25) entitled the right to food and progress in developing international voluntary guidelines for its implementation in which it reiterated the recommendations contained in its resolution 2003/9 of 13 August 2003 and welcomed the progress made by the Intergovernmental Working Group for the Elaboration of a Set of Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, of the Food and Agriculture Organization of the United Nations, in elaborating a set of voluntary guidelines (see document IGWG-RTFG 4/REP1), decided to call upon all Governments and interested and affected parties to continue the drafting process and renew their efforts to reach consensus on the remaining issues so as to make possible the completion and adoption of that set of guidelines.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.31) entitled effects of debt on human rights, in which it welcomed with satisfaction the working paper prepared by Mr. El-Hadji Guissé on the effects of debt on human rights (E/CN.4/Sub.2/2004/27), decided to request Mr Guissé to prepare, without financial implications, an expanded working paper on the effects of debt on human rights and to submit it to it at its fifty-seventh session.

The Sub-Commission adopted unanimously as orally amended a resolution (E/CN.4/Sub.2/2004/L.51) entitled the right to drinking water supply and sanitation, in which it welcomed the reports prepared by Mr. El-Hadji Guissé on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation; and decided to request the Special Rapporteur to prepare, without financial implications, a set of draft guidelines for the realization of the right to drinking water supply and sanitation and to submit them to it at its fifty-seventh session.

Action on Resolutions and Decisions on Prevention of Discrimination

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.3) entitled final report on the study “indigenous peoples’ permanent sovereignty over natural resources” in which it expresses its deep appreciation to the Special Rapporteur, Mrs. Erica-Irene A. Daes, for her excellent and very comprehensive final report on the study “indigenous peoples’ permanent sovereignty over natural resources”; decides to submit the final report to the Commission of Human Rights at its sixty-first session and requests the Special Rapporteur, owing to the complexity of the issues relating to it, to present the report to the Commission in person; and recommends that the Commission on Human Rights and the Economic and Social Council authorize the Office of the United Nations High Commissioner for Human Rights to convene an expert seminar to which representatives of indigenous communities and Governments as well as the Special Rapporteur will be invited, in order to give further attention to and to discuss in detail the many political, legal, economic, social and cultural aspects and matters relating to the above-mentioned study, as well as in the other relevant study of the Special Rapporteur on “Indigenous peoples and their relationship to land”.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.4) entitled impact of intolerance on the enjoyment and respect for human rights in which it decides to request Mr. Soli Sorabjee to submit, without financial implications, a working paper on the impact of intolerance on the enjoyment and the exercise of human rights and measures to counter intolerance to the fifty-seventh session of the Sub-Commission, under the same agenda item.

The Sub-Commission adopted as orally amended unanimously a resolution (E/CN.4/Sub.2/2004/ö-5) entitled the legal implications of disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples, in which it welcomes the working paper (E/CN.4/Sub.2/AC.4/2004/CRP.1) on the human rights situation of indigenous peoples in States and other territories threatened with extinction for environmental reasons and endorses the request of the Sub-Commission to Ms. Françoise Hampson to update and expand her work and submit an expanded working paper to the fifty-seventh session of the Sub-Commission.

Comment on Resolution on Legal Implications of Disappearance of States

MIGUEL ALFONSO MARTINEZ (Sub-Commission Expert) said the scale of the problem had been amazing, and all should read the paper referred to in this recommendation, as it was an amazing issue to which all should pay attention.
Action on Resolutions and Decisions on the Prevention of Discrimination
The Sub-Commission adopted unanimously a resolution (E/CN.4/Aub.2/2004/L.6) entitled protection of indigenous peoples in time of conflict, in which it requests the Secretary General to ensure that the Special Adviser for the Prevention of Genocide appointed under the Action Plan to Prevent Genocide takes into consideration the need to protect indigenous peoples and their territories; to ensure that, in situations where there are forces present under a United Nations mandate, they protect vulnerable indigenous peoples, their territories and objects indispensable to their survival; and requests the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people: to liase with the Special Adviser with regard to the protection of indigenous peoples from genocide; to develop an emergency response mechanism as part of his mandate.”

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.9) entitled discrimination against leprosy victims and their families in which it requests Mr. Yozo Yokota to prepare, without financial implications, a preliminary working paper on discrimination against leprosy victims and their families, to be submitted to the fifty-seventh session of the Sub-Commission under the agenda item entitled “Prevention of discrimination and protection of minorities”.

The Sub-Commission adopted by consensus a resolution (E/CN.4/Sub.2/2004/L.23) entitled the rights of minorities in which it welcomes the decision of the Working Group on Minorities to hold regional or sub-regional seminars, in cooperation with regional mechanisms wherever possible, and welcomes the suggestion to hold such seminars in the African and Asian regions as well as a seminar in the Americas on Afro-descendant issues; welcomes also the intention of the Working Group to hold a seminar on the Roma/Sinti, and the possibility of calling upon the cooperation of the Council of Europe and the Focal Point for Roma and Sinti of the Organization for Security and Cooperation in Europe in regarding the organization of that seminar, to which Roma/Sinti representatives from European and, especially, non-European countries should also be invited; invites the Office of the United Nations High Commissioner for Human Rights to consider organizing training workshops at the national level on the implementation of the rights of minorities; recommends the preparation of a working paper by a member of the Sub-Commission on the advisability of drafting an additional protocol to the International Covenant on Civil and Political Rights containing remedies for violations of minority rights to be presented to the Sub-Commission at its fifty-eighth session; and recommends the nomination of a special representative of the Secretary-General on minority issues, with a particular focus on country fact-finding missions and preventive diplomacy.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.32) entitled International Decade of the World’s Indigenous People in which it recommends that the celebration of the International Day of the World’s Indigenous People be held on the fourth day of the twenty-third session of the Working Group on Indigenous Populations in order to ensure as large a participation of indigenous peoples, governmental representatives and intergovernmental and non-governmental organizations as possible; recommends that the High Commissioner for Human Rights, in consultation with interested Governments and indigenous peoples/organizations, organize meetings in all regions of the world, and in particular activities in Africa, Asia, Oceania and Latin America, in order, inter alia, to raise public awareness about indigenous issues; and invites the High Commissioner for Human Rights, in her capacity as Coordinator of the International Decade, to organize, early in 2005, a consultation with the purpose of elaborating a preliminary draft programme of activities for a possible second international decade of the world’s indigenous people to be submitted, in due course, to the General Assembly for its consideration.

The Sub-Commission adopted unanimously a resolution (E/CN.4/Sub.2/2004/L.50) entitled Working Group on Indigenous Populations in which it decided that the Working Group at its twenty-third session shall adopt as the principal theme “Indigenous peoples and the international and domestic protection of traditional knowledge”; decided, in view of the discussions that will take place under the principal theme of its twenty-third session, to invite the Office of the High Commissioner for Human Rights to organize, as a matter of priority, in consultation with the Chairperson-Rapporteur of the Working Group, a second workshop on indigenous peoples, mining and other private sector companies and human rights with a view to preparing guidelines based on respect for the cultures and traditions of these communities and the principle of free, prior and informed consent; and recommends to the Commission on Human Rights that it endorses the Sub-Commission’s request that the Economic and Social Council authorize the Working Group on Indigenous Populations to meet for five working days prior to the fifty-seventh session of the Sub-Commission in 2005.