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SUB-COMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS OPENS FIFTY-SEVENTH SESSION
25 July 2005
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Sub-Commission on the Promotion and Protection of Human Rights
25 July 2005
High Commissioner for Human Rights Addresses the Meeting
The Sub-Commission on the Promotion and Protection of Human Rights this morning opened its fifty-seventh session, hearing United Nations High Commissioner for Human Rights Louise Arbour speak about the various reforms proposed by the Secretary-General and her Office for the United Nations human rights entities.
The Secretary-General had proposed to replace the Commission on Human Rights with a Human Rights Council, which would be a standing body, situated higher in the Organizationcs structure, and elected by the General Assembly, Ms. Arbour said. The Council would be located in Geneva, and it would exercise universal scrutiny of the implementation by all Member States of all their human rights obligations through a peer review mechanism based upon fair, transparent and non-selective procedures.
Ms. Arbour said in May this year, she had submitted the "OHCHR Plan of Action: Protection and Empowerment", which was called for by the Secretary-General in his report "In Larger Freedom: towards development, security and human rights for all". The Plan formed an integral part of the Secretary-General's reform proposal and would build on his observations that the Office should be considerably better resourced to play its key role in addressing today's threats to human rights.
Over the years, the Sub-Commission had provided the Commission on Human Rights and other human rights mechanisms with insights and ideas, based on the expertise and experience of its members, Ms. Arbour said. The various studies and working papers undertaken by the members of the Sub-Commission had, to a large extent, helped to identify and develop new areas for further consideration.
During the meeting, Vladimir Kartashkin was elected as Chairperson of the Sub-Commission. The three elected Vice Chairpersons are Ibrahim Salama (Egypt), Florizelle O'Connor (Jamaica), and Marc Bossuyt (Belgium). Yozo Yokoto (Japan) was elected Rapporteur.
The Sub-Commission was addressed by Francoise Hampson, the outgoing Vice Chairperson of the fifty-sixth session of the Sub-Commission, who delivered a statement on behalf of Soli Jehangir Sorabjee, the outgoing Chairperson of the fifty-sixth session of the Sub-Commission; Vladimir Kartashkin, the incoming Chairperson of the fifty-seventh session of the Sub-Commission; and Makarim Wibisono, the Chairperson of the sixty-first session of the Commission on Human Rights.
Mr. Kartashkin underlined that in many areas of the world, massive and gross violations of fundamental rights and freedoms, like genocide, persecution of minorities, violations of human rights during domestic armed conflicts, murders of civilian populations, terrorist acts, torture and many others, were still taking place.
Delivering a statement on behalf of the outgoing Chairperson Soli Jehangir Sorabjee, Francoise Hampson, the Vice Chairperson of the fifty-sixth session of the Sub-Commission, said that the tyranny of time had greatly hampered the work of the Sub-Commission. The Experts in the Sub-Commission were subject to heavy pressure because of the lack of time. This problem gravely undermined the work of the Sub-Commission and its effectiveness, but there did not seem to be sufficient realization of the gravity of the problem. The need to address this problem urgently could not be over-emphasized.
Makarim Wibisono, the Chairperson of the sixty-first session of the Commission on Human Rights, said that while it was impossible, at the current stage, for any one to predict what changes would impact on the Commission and its mechanisms, in particular the Sub-Commission, it was clear that the credibility and success of the forum in its present form, or of any future human rights body would rest on its ability to respond to challenges and ensure the implementation of its resolve for the promotion and protection of human rights worldwide.
The Sub-Commission adopted its agenda for this year's session, which includes issues pertaining to the administration of justice, economic, social and cultural rights, prevention of discrimination, protection of indigenous peoples and minorities, women, slavery, and terrorism.
The Sub-Commission started its consideration of its agenda item 1 on the organization of work and heard from Ms. Hampson who spoke about her working paper on the work of the Sub-Commission under agenda item 2 on the violation of fundamental freedoms and human rights in all countries.
The next public plenary of the Sub-Commission will be at 3 p.m. on Tuesday, 26 July, when it will start its debate on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories.
Opening Statements
FRANCOISE HAMPSON, Vice Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights, delivering a statement on behalf of the outgoing Chairperson Soli Jehangir Sorabjee, said the fifty-sixth session of the Sub-Commission had been preceded by meetings of three intersessional Working Groups: on minorities, on contemporary forms of slavery and on indigenous populations. Another pre-sessional meeting, the Social Forum was held on the theme of rural poverty. Two sessional Working Groups – on the administration of justice and on the working methods and activities of transnational corporations – held two meetings each during the first week of the session.
As in previous years, the Sub-Commission had held a closed meeting with the Expanded Bureau of the sixtieth session of the Commission on Human Rights to exchange views, aimed at improving cooperation and interaction between the two bodies. The candid exchange of views had greatly contributed to the mutual understanding between the Sub-Commission experts and the Commission, Mr. Sorabjee's statement said. It was hoped that this frank dialogue would not only continue but would be intensified for mutual benefit.
Mr. Sorabjee's statement mentioned the reports submitted by the Special Rapporteurs of the Sub-Commission, adding that the fifty-sixth session had also adopted 30 resolutions and 23 decisions. The tyranny of time had greatly hampered the work of the Sub-Commission. The Experts in the Sub-Commission were subject to heavy pressure because of the lack of time. This problem gravely undermined the work of the Sub-Commission and its effectiveness, but there did not seem to be sufficient realization of the gravity of the problem. The recent decision that meetings of the Working Groups should take place during the annual session would only aggravate this problem. The need to address this problem urgently could not be over-emphasized. He was sure that the Sub-Commission in its current fifty-seventh session would continue its good work and despite limitations would be instrumental in providing some relief to some segments of the vast population of victims of human rights violations.
LOUISE ARBOUR, United Nations High Commissioner for Human Rights, said over the years, the Sub-Commission had provided the Commission on Human Rights and other human rights mechanisms with insights and ideas, based on the expertise and experience of its members. The various studies and working papers undertaken by the members of the Sub-Commission had, to a large extent, helped to identify and develop new areas for further consideration. Several issues of the Sub-Commission were of particular interest. The Secretary-General had identified the rule of law as an area of priority for the United Nations – a view that she strongly shared. In that context, she was following with attention the development of the draft principles governing the administration of justice through military tribunals as well as the draft principles on human rights and terrorism. She was also very much interested in research that had been undertaken on emerging issues such as the accountability of United Nations personnel in peace support operations, the relationship between human rights law and international humanitarian law, and the right to remedy for violations of human rights by the State.
Ms. Arbour said during this year's session of the Commission on Human Rights, she had very much felt encouraged, and at the same time, had been concerned, about this inter-governmental mechanism. She was encouraged because she was convinced that the vigorous and broad discussions on key human rights issues at the Commission had helped move the international human rights agenda forward. At the same time, she had witnessed the difficulties faced by the Commission in addressing issues of human rights at the national level. Though she realized that the Commission was an inter-governmental body and political considerations were inherent to its nature, she strongly believed that more could be done by the international community to address the emerging issues and crisis situations around the world.
The Secretary-General had proposed to replace the Commission on Human Rights with a Human Rights Council, which would be a standing body, situated higher in the Organization's structure, and elected by the General Assembly, Ms. Arbour said. The Council would be located in Geneva, and it would exercise universal scrutiny of the implementation by all Member States of all their human rights obligations through a peer review mechanism based upon fair, transparent and non-selective procedures. The Council would also serve as a forum for human rights dialogue, conduct normative work, respond to crises, and promote technical assistance. In short, the Secretary-General's recommendations for reform were aimed at raising the profile and authority of human rights with the United Nations and the international community.
Ms. Arbour said in May this year, she had submitted the "OHCHR Plan of Action: Protection and Empowerment", which was called for by the Secretary-General in his report "In Larger Freedom: towards development, security and human rights for all". The Plan formed an integral part of the Secretary-General's reform proposal and would build on his observations that the Office should be considerably better resourced to play its key role in addressing today's threats to human rights. While the Plan fully recognized that the United Nations had, over the years, been productive in developing human rights normative standards, it stressed the need to better address today's human rights challenges, including those posed by poverty, discrimination, conflict, impunity, democratic deficits and institutional shortcomings. The Office would respond to such challenges by shifting its strategic emphasis from normative development to implementation, and by focusing on how those normative standards were applied to deal with the problems faced by the world today. She would strive, in particular, to close the human rights gaps on the ground, including those related to knowledge, capacity, commitment and security.
VLADIMIR KARTASHKIN, Chairperson of the fifty-seventh session of the Sub-Commission on the Promotion and Protection of Human Rights, underlined that in many areas of the world, massive and gross violations of fundamental rights and freedoms, like genocide, persecution of minorities, violations of human rights during domestic armed conflicts, murders of civilian populations, terrorist acts, torture and many others, were still taking place. This year marked the sixtieth anniversary of the establishment of the United Nations Organization, created with the purpose not only to save "succeeding generations from the scourge of war," but to "reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small." These purposes had not been achieved yet and he called upon all participants of the fifty-seventh session to work hard and fruitfully, without any excessive emotions and politicization of the issues discussed.
Mr. Kartashkin said that at the current session, the Sub-Commission would have to consider such important items on the agenda as administration of justice; rule of law and democracy; economic, social and cultural rights; prevention of discrimination; specific human rights issues, relating to women and human rights; contemporary forms of slavery; and terrorism and counter terrorism. There was a need to consider in detail the working paper by Francoise Hampson on the organization, the content and the outcome of the Sub-Commission's work under agenda item 2. At least one session devoted to the discussion of this paper would be open and would be carried out on the basis of an interactive dialogue with non-governmental organizations, national human rights institutions, States and other interested parties, which he expected would result in the adoption of decisions that would improve the Sub-Commission's work under agenda item 2.
The Chairman noted the attempts that were being made to limit the activity of the Sub-Commission. Such proposals actually undermined the established system of the UN bodies. Under such circumstances, the role of the UN expert bodies, promoting a progressive development of international law and monitoring the fulfillment by States of their undertakings, increased. The Sub-Commission members did not cherish special illusions as to possibilities of strengthening their powers and competence, Mr. Kartashkin said, adding that he was confident that they would be able to overcome all difficulties and adopt at the current session the decisions which would be in the interest of ensuring the protection of human rights.
MAKARIM WIBISONO, Chairperson of the sixty-first session of the Commission of Human Rights, welcomed the actions taken by the Sub-Commission to respond to the recommendations of the Commission on Human Rights for the initiation of working papers and new studies; the attention given to economic, social and cultural rights, as well as the continued attention to civil and political rights, and the improved working methods of the Sub-Commission at its last four sessions.
Mr. Wibisono said while it was clear that the Commission would never be spared from daunting challenges or political tensions, which had unfortunately too often been the focus of media reports, discussions on reform allowed the Commission to also reflect on its many positive achievements and the Commission's important role in the promotion and protection of human rights worldwide. Without prejudice to a proposal for change, this year's Commission had shown, at the least, that the Commission could take steps to address its challenges and that it was possible, with the good will of all, to hold discussions on human rights issues and reform in an atmosphere which was cooperative and conducive to progress.
While it was impossible, at the current stage, for any one to predict what changes would impact on the Commission and its mechanisms, in particular the Sub-Commission, it was clear that the credibility and success of the forum in its present form, or of any future human rights body would rest on its ability to respond to challenges and ensure the implementation of its resolve for the promotion and protection of human rights worldwide. The Sub-Commission was a key and valuable actor in the United Nations human rights system.
Document Presented Under Organization of Work
Under its agenda item on the organization of work of the Sub-Commission, Francoise Hampson presents a working paper (E/CN.4/Sub.2/2005/4) on the work of the Sub-Commission under agenda item 2 concerning the question of the violation of human rights and fundamental freedoms in all countries. The working paper examines the role and importance of agenda item 2 and considers the various ways of improving the effectiveness of the work of the members of the Sub-Commission and non-governmental organizations. It says agenda item 2 enables the Sub-Commission to examine situations that the Commission itself, for whatever reason, cannot address. The greater freedom of action of the Sub-Commission carries with it great responsibilities. Agenda item 2 enables the Sub-Commission to address a situation as a whole, which is particularly useful in the case where a crisis develops very suddenly. Agenda item 2 also enables the Sub-Commission to address situations that arise between the end of the annual session of the Commission and the middle of August, and is the only forum for such a discussion until the beginning of the annual session of the General Assembly. Among the suggestions the working paper presents to improve the deliberations on agenda item 2 is the adoption of guidelines to seek to ensure even-handedness in the countries or regions addressed by members of the Sub-Commission.
Statement on the Organization of Work of the Sub-Commission
FRANCOISE HAMPSON, Sub-Commission Expert, introducing her working paper under agenda item 1 on the work of the Sub-Commission under agenda item 2 on the question of the violation of human rights and fundamental rights in all countries, said the working paper brought together all the ideas manifested during the meetings in which the Experts and non-governmental organizations participated. The discussions did not contest the Sub-Commission's mandate to deal with a situation as a whole, instead of to discuss themes individually and to react to situations which occurred between the end of the annual session of the Commission and the middle of August. As a result of the relationship between the different human rights violations, the Sub-Commission needed comprehensive information to consider a particular situation. In that regard, the working paper attempted to provide means to members on how to obtain this information. With regard to the equal treatment of States within the Sub-Commission, she said that it was essential to consider whether the goal was to establish impartiality within the Sub-Commission and for the members as a whole.
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For use of the information media; not an official record
25 July 2005
High Commissioner for Human Rights Addresses the Meeting
The Sub-Commission on the Promotion and Protection of Human Rights this morning opened its fifty-seventh session, hearing United Nations High Commissioner for Human Rights Louise Arbour speak about the various reforms proposed by the Secretary-General and her Office for the United Nations human rights entities.
The Secretary-General had proposed to replace the Commission on Human Rights with a Human Rights Council, which would be a standing body, situated higher in the Organizationcs structure, and elected by the General Assembly, Ms. Arbour said. The Council would be located in Geneva, and it would exercise universal scrutiny of the implementation by all Member States of all their human rights obligations through a peer review mechanism based upon fair, transparent and non-selective procedures.
Ms. Arbour said in May this year, she had submitted the "OHCHR Plan of Action: Protection and Empowerment", which was called for by the Secretary-General in his report "In Larger Freedom: towards development, security and human rights for all". The Plan formed an integral part of the Secretary-General's reform proposal and would build on his observations that the Office should be considerably better resourced to play its key role in addressing today's threats to human rights.
Over the years, the Sub-Commission had provided the Commission on Human Rights and other human rights mechanisms with insights and ideas, based on the expertise and experience of its members, Ms. Arbour said. The various studies and working papers undertaken by the members of the Sub-Commission had, to a large extent, helped to identify and develop new areas for further consideration.
During the meeting, Vladimir Kartashkin was elected as Chairperson of the Sub-Commission. The three elected Vice Chairpersons are Ibrahim Salama (Egypt), Florizelle O'Connor (Jamaica), and Marc Bossuyt (Belgium). Yozo Yokoto (Japan) was elected Rapporteur.
The Sub-Commission was addressed by Francoise Hampson, the outgoing Vice Chairperson of the fifty-sixth session of the Sub-Commission, who delivered a statement on behalf of Soli Jehangir Sorabjee, the outgoing Chairperson of the fifty-sixth session of the Sub-Commission; Vladimir Kartashkin, the incoming Chairperson of the fifty-seventh session of the Sub-Commission; and Makarim Wibisono, the Chairperson of the sixty-first session of the Commission on Human Rights.
Mr. Kartashkin underlined that in many areas of the world, massive and gross violations of fundamental rights and freedoms, like genocide, persecution of minorities, violations of human rights during domestic armed conflicts, murders of civilian populations, terrorist acts, torture and many others, were still taking place.
Delivering a statement on behalf of the outgoing Chairperson Soli Jehangir Sorabjee, Francoise Hampson, the Vice Chairperson of the fifty-sixth session of the Sub-Commission, said that the tyranny of time had greatly hampered the work of the Sub-Commission. The Experts in the Sub-Commission were subject to heavy pressure because of the lack of time. This problem gravely undermined the work of the Sub-Commission and its effectiveness, but there did not seem to be sufficient realization of the gravity of the problem. The need to address this problem urgently could not be over-emphasized.
Makarim Wibisono, the Chairperson of the sixty-first session of the Commission on Human Rights, said that while it was impossible, at the current stage, for any one to predict what changes would impact on the Commission and its mechanisms, in particular the Sub-Commission, it was clear that the credibility and success of the forum in its present form, or of any future human rights body would rest on its ability to respond to challenges and ensure the implementation of its resolve for the promotion and protection of human rights worldwide.
The Sub-Commission adopted its agenda for this year's session, which includes issues pertaining to the administration of justice, economic, social and cultural rights, prevention of discrimination, protection of indigenous peoples and minorities, women, slavery, and terrorism.
The Sub-Commission started its consideration of its agenda item 1 on the organization of work and heard from Ms. Hampson who spoke about her working paper on the work of the Sub-Commission under agenda item 2 on the violation of fundamental freedoms and human rights in all countries.
The next public plenary of the Sub-Commission will be at 3 p.m. on Tuesday, 26 July, when it will start its debate on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories.
Opening Statements
FRANCOISE HAMPSON, Vice Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights, delivering a statement on behalf of the outgoing Chairperson Soli Jehangir Sorabjee, said the fifty-sixth session of the Sub-Commission had been preceded by meetings of three intersessional Working Groups: on minorities, on contemporary forms of slavery and on indigenous populations. Another pre-sessional meeting, the Social Forum was held on the theme of rural poverty. Two sessional Working Groups – on the administration of justice and on the working methods and activities of transnational corporations – held two meetings each during the first week of the session.
As in previous years, the Sub-Commission had held a closed meeting with the Expanded Bureau of the sixtieth session of the Commission on Human Rights to exchange views, aimed at improving cooperation and interaction between the two bodies. The candid exchange of views had greatly contributed to the mutual understanding between the Sub-Commission experts and the Commission, Mr. Sorabjee's statement said. It was hoped that this frank dialogue would not only continue but would be intensified for mutual benefit.
Mr. Sorabjee's statement mentioned the reports submitted by the Special Rapporteurs of the Sub-Commission, adding that the fifty-sixth session had also adopted 30 resolutions and 23 decisions. The tyranny of time had greatly hampered the work of the Sub-Commission. The Experts in the Sub-Commission were subject to heavy pressure because of the lack of time. This problem gravely undermined the work of the Sub-Commission and its effectiveness, but there did not seem to be sufficient realization of the gravity of the problem. The recent decision that meetings of the Working Groups should take place during the annual session would only aggravate this problem. The need to address this problem urgently could not be over-emphasized. He was sure that the Sub-Commission in its current fifty-seventh session would continue its good work and despite limitations would be instrumental in providing some relief to some segments of the vast population of victims of human rights violations.
LOUISE ARBOUR, United Nations High Commissioner for Human Rights, said over the years, the Sub-Commission had provided the Commission on Human Rights and other human rights mechanisms with insights and ideas, based on the expertise and experience of its members. The various studies and working papers undertaken by the members of the Sub-Commission had, to a large extent, helped to identify and develop new areas for further consideration. Several issues of the Sub-Commission were of particular interest. The Secretary-General had identified the rule of law as an area of priority for the United Nations – a view that she strongly shared. In that context, she was following with attention the development of the draft principles governing the administration of justice through military tribunals as well as the draft principles on human rights and terrorism. She was also very much interested in research that had been undertaken on emerging issues such as the accountability of United Nations personnel in peace support operations, the relationship between human rights law and international humanitarian law, and the right to remedy for violations of human rights by the State.
Ms. Arbour said during this year's session of the Commission on Human Rights, she had very much felt encouraged, and at the same time, had been concerned, about this inter-governmental mechanism. She was encouraged because she was convinced that the vigorous and broad discussions on key human rights issues at the Commission had helped move the international human rights agenda forward. At the same time, she had witnessed the difficulties faced by the Commission in addressing issues of human rights at the national level. Though she realized that the Commission was an inter-governmental body and political considerations were inherent to its nature, she strongly believed that more could be done by the international community to address the emerging issues and crisis situations around the world.
The Secretary-General had proposed to replace the Commission on Human Rights with a Human Rights Council, which would be a standing body, situated higher in the Organization's structure, and elected by the General Assembly, Ms. Arbour said. The Council would be located in Geneva, and it would exercise universal scrutiny of the implementation by all Member States of all their human rights obligations through a peer review mechanism based upon fair, transparent and non-selective procedures. The Council would also serve as a forum for human rights dialogue, conduct normative work, respond to crises, and promote technical assistance. In short, the Secretary-General's recommendations for reform were aimed at raising the profile and authority of human rights with the United Nations and the international community.
Ms. Arbour said in May this year, she had submitted the "OHCHR Plan of Action: Protection and Empowerment", which was called for by the Secretary-General in his report "In Larger Freedom: towards development, security and human rights for all". The Plan formed an integral part of the Secretary-General's reform proposal and would build on his observations that the Office should be considerably better resourced to play its key role in addressing today's threats to human rights. While the Plan fully recognized that the United Nations had, over the years, been productive in developing human rights normative standards, it stressed the need to better address today's human rights challenges, including those posed by poverty, discrimination, conflict, impunity, democratic deficits and institutional shortcomings. The Office would respond to such challenges by shifting its strategic emphasis from normative development to implementation, and by focusing on how those normative standards were applied to deal with the problems faced by the world today. She would strive, in particular, to close the human rights gaps on the ground, including those related to knowledge, capacity, commitment and security.
VLADIMIR KARTASHKIN, Chairperson of the fifty-seventh session of the Sub-Commission on the Promotion and Protection of Human Rights, underlined that in many areas of the world, massive and gross violations of fundamental rights and freedoms, like genocide, persecution of minorities, violations of human rights during domestic armed conflicts, murders of civilian populations, terrorist acts, torture and many others, were still taking place. This year marked the sixtieth anniversary of the establishment of the United Nations Organization, created with the purpose not only to save "succeeding generations from the scourge of war," but to "reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small." These purposes had not been achieved yet and he called upon all participants of the fifty-seventh session to work hard and fruitfully, without any excessive emotions and politicization of the issues discussed.
Mr. Kartashkin said that at the current session, the Sub-Commission would have to consider such important items on the agenda as administration of justice; rule of law and democracy; economic, social and cultural rights; prevention of discrimination; specific human rights issues, relating to women and human rights; contemporary forms of slavery; and terrorism and counter terrorism. There was a need to consider in detail the working paper by Francoise Hampson on the organization, the content and the outcome of the Sub-Commission's work under agenda item 2. At least one session devoted to the discussion of this paper would be open and would be carried out on the basis of an interactive dialogue with non-governmental organizations, national human rights institutions, States and other interested parties, which he expected would result in the adoption of decisions that would improve the Sub-Commission's work under agenda item 2.
The Chairman noted the attempts that were being made to limit the activity of the Sub-Commission. Such proposals actually undermined the established system of the UN bodies. Under such circumstances, the role of the UN expert bodies, promoting a progressive development of international law and monitoring the fulfillment by States of their undertakings, increased. The Sub-Commission members did not cherish special illusions as to possibilities of strengthening their powers and competence, Mr. Kartashkin said, adding that he was confident that they would be able to overcome all difficulties and adopt at the current session the decisions which would be in the interest of ensuring the protection of human rights.
MAKARIM WIBISONO, Chairperson of the sixty-first session of the Commission of Human Rights, welcomed the actions taken by the Sub-Commission to respond to the recommendations of the Commission on Human Rights for the initiation of working papers and new studies; the attention given to economic, social and cultural rights, as well as the continued attention to civil and political rights, and the improved working methods of the Sub-Commission at its last four sessions.
Mr. Wibisono said while it was clear that the Commission would never be spared from daunting challenges or political tensions, which had unfortunately too often been the focus of media reports, discussions on reform allowed the Commission to also reflect on its many positive achievements and the Commission's important role in the promotion and protection of human rights worldwide. Without prejudice to a proposal for change, this year's Commission had shown, at the least, that the Commission could take steps to address its challenges and that it was possible, with the good will of all, to hold discussions on human rights issues and reform in an atmosphere which was cooperative and conducive to progress.
While it was impossible, at the current stage, for any one to predict what changes would impact on the Commission and its mechanisms, in particular the Sub-Commission, it was clear that the credibility and success of the forum in its present form, or of any future human rights body would rest on its ability to respond to challenges and ensure the implementation of its resolve for the promotion and protection of human rights worldwide. The Sub-Commission was a key and valuable actor in the United Nations human rights system.
Document Presented Under Organization of Work
Under its agenda item on the organization of work of the Sub-Commission, Francoise Hampson presents a working paper (E/CN.4/Sub.2/2005/4) on the work of the Sub-Commission under agenda item 2 concerning the question of the violation of human rights and fundamental freedoms in all countries. The working paper examines the role and importance of agenda item 2 and considers the various ways of improving the effectiveness of the work of the members of the Sub-Commission and non-governmental organizations. It says agenda item 2 enables the Sub-Commission to examine situations that the Commission itself, for whatever reason, cannot address. The greater freedom of action of the Sub-Commission carries with it great responsibilities. Agenda item 2 enables the Sub-Commission to address a situation as a whole, which is particularly useful in the case where a crisis develops very suddenly. Agenda item 2 also enables the Sub-Commission to address situations that arise between the end of the annual session of the Commission and the middle of August, and is the only forum for such a discussion until the beginning of the annual session of the General Assembly. Among the suggestions the working paper presents to improve the deliberations on agenda item 2 is the adoption of guidelines to seek to ensure even-handedness in the countries or regions addressed by members of the Sub-Commission.
Statement on the Organization of Work of the Sub-Commission
FRANCOISE HAMPSON, Sub-Commission Expert, introducing her working paper under agenda item 1 on the work of the Sub-Commission under agenda item 2 on the question of the violation of human rights and fundamental rights in all countries, said the working paper brought together all the ideas manifested during the meetings in which the Experts and non-governmental organizations participated. The discussions did not contest the Sub-Commission's mandate to deal with a situation as a whole, instead of to discuss themes individually and to react to situations which occurred between the end of the annual session of the Commission and the middle of August. As a result of the relationship between the different human rights violations, the Sub-Commission needed comprehensive information to consider a particular situation. In that regard, the working paper attempted to provide means to members on how to obtain this information. With regard to the equal treatment of States within the Sub-Commission, she said that it was essential to consider whether the goal was to establish impartiality within the Sub-Commission and for the members as a whole.
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For use of the information media; not an official record