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SUB-COMMISSION ON PROTECTION AND PROMOTION OF HUMAN RIGHTS ADOPTS 26 RESOLUTIONS AND DECISIONS
24 August 2006
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Sub-Commission on the Promotion
and Protection of Human Rights
MORNING
24 August 2006
Appoints Four New Special Rapporteurs
The Sub-Commission on the Promotion and Protection on Human Rights this morning adopted by consensus twenty-one resolutions and five decisions under items on its agenda, including the Administration of justice, law and democracy, Economic, social and cultural rights, Prevention of discrimination, Specific human rights issues, and Administration of justice, rule of law and democracy.
Concerning the administration of justice, rule of law and democracy, the Sub-Commission adopted seven resolutions and decisions: a decision on Human rights and State sovereignty, in which it requested Vladimir Kartashkin to prepare an expanded working paper; a resolution on the universal implementation of international human rights treaties; a decision on transitional justice: investigation mechanisms for truth and reconciliation, with emphasis on Latin America, requesting Janio Iván Tuñón Veilles to prepare a working paper for submission to the working group on the administration of justice; a resolution on the right to an effective remedy, appointing Mohamed Habib Cherif as Special Rapporteur to prepare a comprehensive study on the implementation in practice of the right to an effective remedy for human rights violations; a resolution on the accountability of international personnel taking part in peace support operations, appointing Françoise Jane Hampson as Special Rapporteur to prepare a study on the accountability of international personnel in peace support operations; a resolution on the difficulty of establishing guilt or responsibility with regard to sexual violence, requesting the Special Rapporteur to submit an interim report; and a resolution on the sessional working group on the administration of justice. Also under this agenda item, the Sub-Commission recommended two draft decisions for adoption to the Human Rights Council.
With regard to economic, social and cultural rights, the Sub-Commission adopted six resolutions and decisions: on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights; on the effects of the working methods and activities of transnational corporations on the enjoyment of human rights; on the Social Forum; on promotion of the realization of the right to drinking water and sanitation, in which it decided to send the report of the Special Rapporteur, El-Hadji Guissé, to the Human Rights Council for approval and adoption; and a decision on the right to development, requesting Florizelle O’Connor submit a concept document on the subject.
Also under this item, a resolution – which Sub-Commission Expert Emmanuel Decaux characterized as historic – was adopted on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, requesting its review and adoption by the Human Rights Council for submission to the General Assembly.
On prevention of discrimination, the Sub-Commission adopted six resolutions: on the rights of persons belonging to national or ethnic, religious and linguistic minorities; on the Working Group on Indigenous Populations; on discrimination based on work and descent, requesting the Special Rapporteurs Yozo Yokota and Chin Sung Chung to complete their study, and finalize draft principles and guidelines for the elimination of that form of discrimination; on discrimination against leprosy-affected persons and their families, appointing Yozo Yokota as Special Rapporteur to conduct a full and comprehensive study on this issue; and on the legal implications of the disappearance of States and other territories for environmental reasons, appointing Françoise Jane Hampson as Special Rapporteur to prepare a comprehensive study on the subject.
Concerning specific human rights issues, the Sub-Commission adopted seven consensus resolutions and decisions: a decision on Human rights of elderly people, requesting Chin Sung Chung to prepare a working paper; a resolution on systematic rape, sexual slavery and slavery-like practices during armed conflicts; a resolution on the World Programme for Human Rights Education; a decision on the Working group to elaborate detailed principles and guidelines, with relevant commentary, concerning the promotion and protection of human rights when combating terrorism; and a resolution on human rights and the human genome, requesting the Special Rapporteur, Antoanella-Iulia Motoc, to submit a final report to the Sub-Commission or the future expert advice mechanism.
Following the adoption of the seventh resolution on this topic, on the protection of civilians during armed conflicts, the Sub-Commission, at the instance of Ms. Hampson, marked the universal ratification of the Geneva Conventions and their Additional Protocols on 2 August with a round of applause.
When the Sub-Commission reconvenes at 3 p.m. today it will take action on remaining resolutions and decisions on its agenda. It will also conclude its debate on the administration of justice, the rule of law and democracy, hearing addresses from several non-governmental organizations on that topic.
Resolutions on Administration of Justice, Rule of Law, and Democracy
In a decision on Human Rights and State sovereignty (A/HRC/Sub.1/58/L.5), adopted by consensus, as orally amended, the Sub-Commission, welcoming with satisfaction the working paper prepared by Mr. Vladimir Kartashkin on human rights and State sovereignty (E/CN.4/Sub.2/2006/7), decided to request Mr. Kartashkin to prepare an expanded working paper on human rights and State sovereignty that should address, among other things, such issues as State sovereignty and the relationship between international and domestic law in the field of human rights, and to submit it in 2007 to the Sub-Commission or to any other expert body. The Sub-Commission also recommended that this topic be included in the agenda of the future expert advice mechanism as a matter of priority.
In a resolution on the universal implementation of international human
rights treaties (A/HRC/Sub.1/58/L.7), adopted by consensus, the Sub-Commission welcomed the final report of Mr. Emmanuel Decaux, Special Rapporteur to conduct a detailed study of the universal implementation of international human rights treaties, and thanked him for the work completed; strongly encouraged all States to implement the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights, with a view to the universal and effective implementation of the international human rights instruments; recommended that the Human Rights Council should take into consideration the recommendations in the final report in the light of the tables contained in the addendum to the report; recommended that technical assistance should be expanded, both within the United Nations and in the specialized agencies and regional organizations, so as to facilitate the universal ratification and effective implementation of the international human rights instruments; and also recommended that a seminar should be organized on best practices, including the plans and programmes of action drawn up by States at the national level, and encouraged further reflection on the legal and other obstacles to the universal implementation of the international human rights instruments.
In a resolution (A/HRC/Sub.1/58/L.17) entitled Transitional justice: investigation mechanisms for truth and reconciliation, with emphasis on Latin America, adopted by consensus, as orally amended, the Sub-Commission decided to request Janio Iván Tuñón Veilles to prepare, without financial implications, a working paper on transitional justice and investigation mechanisms for truth and reconciliation, with emphasis on the experiences in Latin America, and to submit it to the working group on the administration of justice at its next session.
In a resolution (A/HRC/Sub.1/58/L.20) entitled Right to an effective remedy, adopted by consensus, the Sub-Commission: decided to appoint Mohamed Habib Cherif as Special Rapporteur with the task of preparing a comprehensive study on the implementation in practice of the right to an effective remedy for human rights violations and requested the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any future expert advice mechanism and a progress report and final report in the following years; recommended a draft decision to the Human Rights Council for adoption
In a resolution (A/HRC/Sub.1/58/L.21) entitled Accountability of international personnel taking part in peace support operations , adopted by consensus, the Sub-Commission: decided to appoint Françoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on the accountability of international personnel taking part in peace support operations, and requests the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any successor expert body and a progress report and final report in the following years; and recommended a draft decision to the Human Rights Council for adoption.
In a resolution on the difficulty of establishing guilt or responsibility with regard to sexual violence (A/HRC/Sub.1/58/L23), adopted by consensus, the Sub-Commission requested the Special Rapporteur to submit to it an interim report at is fifty-ninth session and a final report in the following year, further requested the Secretary-General to invite Governments, United Nations bodies, the specialized agencies and non-governmental organizations to provide the Special Rapporteur with the information necessary for the preparation of her report; and recommended a draft decision to the Human Rights Council for adoption on the issue.
In a resolution (A/HRC/Sub.1/58/L.29) entitled Sessional working group on the administration of justice, adopted by consensus, the Sub-Commission: emphasizes the importance of the accountability of United Nations staff in peace support missions and underlines the importance of further study in this area; notes that the right to an effective remedy remains a significant goal that has yet to be obtained in many States, and emphasizes the need for further conceptual analysis and study in this regard; invites States, competent bodies of the United Nations, specialized agencies and intergovernmental and non-governmental organizations to provide or continue to provide or to provide information to the working group, or its successor entity, at its future sessions; decided to recommend to the Human Rights Council that the activity of the working group on the administration of justice be continued in the framework of any future expert advice mechanism.
Resolutions on Economic, Social and Cultural Rights
Under a resolution on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights (A/HRC/Sub.1/58/L.6), adopted by consensus, the Sub-Commission: noted the obstacles and challenges confronting States that had introduced national mechanisms to prevent and combat corruption and welcomed the achievements and successes recorded by those mechanisms, and their positive impact on human rights; urged States that had not done so to introduce independent national mechanisms to prevent and combat corruption through the adoption and implementation of specific anti-corruption legislation while safeguarding basic human rights, including due process; and recommended a draft decision on the issue to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.14) entitled The effects of the working methods and activities of transnational corporations on the enjoyment of human rights, adopted by consensus, the Sub-Commission: recommended that the Human Rights Council should adopt the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” and consider establishing a monitoring body; also recommended that the issue of the working methods and activities of transnational corporations should remain on the agenda of the Human Rights Council and on that of the future expert body which will advise it; further recommended that activities within the United Nations system relating to multinational enterprises should be coordinated by this future expert body in order to ensure greater consistency among such activities.
In a resolution (A/HRC/Sub.1/58/L.15) entitled The Social Forum, adopted by consensus, the Sub-Commission: calls upon the General Assembly to take into account the conclusions and recommendations of the 2006 Social Forum within the framework of the review of the first United Nations Decade for the Eradication of Poverty; recommended that the Human Rights Council preserve the Social Forum, as a unique space for interactive dialogue between the United Nations human rights system and various stakeholders; recommended that the Human Rights Council extend the meeting of the Social Forum to five days; invites the Social Forum to submit to the future expert advice mechanism of the Human Rights Council a separate report containing a comprehensive and detailed summary of the discussions, including recommendations and draft resolutions; and requested, subject to the decision of the Human Rights Council on its future expert advice mechanism, that the Secretary-General 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.
In a resolution (A/HRC/Sub.1/58/L.16) entitled Implementation of existing human rights norms and standards in the context of the fight against extreme poverty, adopted by consensus, the Sub-Commission: welcomed the draft guiding principles annexed to the resolution; thanked all those who contributed to the drafting of the guiding principles; approved the final report of the ad hoc group of experts as well as the draft guiding principles annexed; and requested the Human Rights Council to study these guiding principles, in consultation with experts, persons in situations of extreme poverty and associations committed to working alongside them, with a view to adopting them and forwarding them to the General Assembly.
In a resolution on the promotion of the realization of the right to drinking water and sanitation (AHRC/Sub.1/58/L.25), adopted by consensus, the Sub-Commission welcomed with satisfaction the report of the Special Rapporteur, Mr. El-Hadji Guissé; re-emphasised that the right to water was an individual and collective human right and was closely linked to other rights; reaffirmed that the access of everyone to drinking water supply should not be subject to any restriction but should be subject to regulation and control by the public authorities; adopted the guidelines for the realization of the right to drinking water and sanitation; requested the Secretary-General to bring to the attention of States, international organization and non-governmental organizations concerned with questions relating to water and sanitation, the guidelines for the realization of the right to drinking water and sanitation; invited Mr Guissé to continue his work; and decided to submit the report to the Human Rights Council for consideration and adoption.
In a resolution (A/HRC/Sub.1/58/L.30) entitled The right to development, adopted by consensus, the Sub-Commission: recalling the request of the Commission on Human Rights for the Sub-Commission to submit to the Commission a concept document establishing options for the implementation of the right to development and their feasibility, decided to request Florizelle O’Connor to submit the document to the Sub-Commission at its fifty-ninth session, or to the first session of any future expert advice mechanism.
Resolutions on the Prevention of Discrimination
By a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/Sub.1/58/L.2), adopted by consensus as orally amended, the Sub-Commission emphasized the need to ensure adequate consideration of minority rights issues within the Human Rights Council and called for the continuation of the Working Group on Minorities or a similar expert body to ensure the provision of specialized advice on minority rights issues to the Council and its subsidiary bodies in the future; endorsed the request of the Working Group and the independent expert for a two-year programme of work; welcomed the progress made and the steps taken towards the establishment of a voluntary fund to support the participation of minority representatives; recommended that the Office of the United Nations High Commissioner for Human Rights continue operating the fellowship programme for minorities; and called upon the Office of the High Commissioner and the independent expert on minority issues, together with the Working Group on Minorities, through inter-agency cooperation, to engage the various parts of the United Nations system, the international financial institutions, the regional banks, and regional and national development agencies in the effective implementation of the goals and objectives of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
In a resolution (A/HRC/Sub.1/58/L.3) entitled Second International Decade of the World’s Indigenous Peoples, adopted by consensus, the Sub-Commission: requested the United Nations High Commissioner for Human Rights to continue to take the necessary steps to ensure the participation of her Office in the activities of the human rights component of the programme of action of the Second Decade; requested its Working Group on Indigenous Populations to follow closely the activities carried out as part of the human rights component of the programme of action of the Second Decade; and welcomed the steps that have been taken and continue to be taken to establish and promote cooperation between the Permanent Forum on Indigenous Issues, the Working Group on Indigenous Populations and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.
In a resolution on the Working Group on Indigenous Populations (HRC/Sub.1/58/L.4), adopted by consensus, the Sub-Commission: recommended that the item “indigenous issues” be automatically included in the agenda of the Human Rights Council and stressed the need for an expert body to provide the Council with advice on the promotion, protection and realization of the rights of indigenous peoples; welcomed the adoption by the Council of the UN Declaration of the Rights of Indigenous peoples and recommended its adoption by the General Assembly; requested the Group to continue exploring ways and means to further strengthen its cooperation with the Permanent Forum and the Special Rapporteur; called upon all States to give specific attention to the promotion and projection of the traditional knowledge of indigenous peoples; and recommended to the Human Rights Council a draft decision for adoption requesting it to authorize ten meetings for the Group.
In a resolution on Discrimination based on work and descent (A/HRC/Sub.1/58/L.8), adopted by consensus, the Sub-Commission requested the Special Rapporteurs to continue and complete their study on discrimination based on work and descent, to finalize draft principles and guidelines for the effective elimination of this form of discrimination and to submit their final report in 2007 to the Sub-Commission or its successor body, or in the absence of either, to the Human Rights Council; endorsed the Special Rapporteurs’ proposals to organize two regional workshops, one in Asia and one in Africa, and a consultation meeting in Geneva during the second quarter of 2007, in order for the Special Rapporteurs to receive the views of Governments, United Nations bodies and agencies, non-governmental organizations and representatives of affected communities on the finalization of the draft principles and guidelines for the effective elimination of discrimination based on work and descent; requested the United Nations High Commissioner for Human Rights to provide adequate assistance and support to the Special Rapporteurs; and also recommended a draft decision on the issue to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.18) entitled Discrimination against leprosy-affected persons and their families, adopted by consensus, the Sub-Commission: requested Governments, if they have not yet done so, to abolish legislation that requires forced institutionalization of leprosy patients and to provide effective, prompt and free treatment to leprosy patients, on an outpatient basis if they so wish; also requested Governments to provide appropriate remedies to former patients forcibly hospitalized in a sanatorium, colony, hospital or community; further requested Governments to immediately prohibit and take effective measures to eradicate discrimination of any type against leprosy-affected persons and their families; requested the Human Rights Council to include the topic of discrimination against leprosy-affected persons and their families among the studies to be conducted by the Sub-Commission or a new body of experts to be created under the Council, and decided to appoint Yozo Yokota as Special Rapporteur with the task of conducting a full and comprehensive study on this issue and to submit in 2007 a preliminary report to the Sub-Commission or a new body of experts, or in the absence of either, to the Human Rights Council, and to produce a draft set of principles and guidelines to end discrimination against leprosy-affected persons and their families; and recommended a draft decision to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.22) entitled The legal implications of the 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, adopted by consensus, the Sub-Commission: decided to appoint Françoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on the legal implications of the 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; requested the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any future expert advice mechanism, and a progress report and a final report in subsequent years; and recommended a draft decision to the Human Rights Council for adoption.
Resolutions on Specific Human Rights Issues
In a resolution on the report of the Working Group on Contemporary Forms of Slavery (A/HRC/Sub.1/58/L.9), adopted by consensus as orally amended, the Sub-Commission recommended that the Human Rights Council recommend to the General Assembly to maintain and intensify efforts to persuade States to ratify the Slavery Convention of 1926, the Convention on the Suppression of Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956, the Worst Forms of Child Labour Convention, 1999 (Convention No. 182) of the International Labour Organization and other treaties on slavery-related issues; recommended that the Working Group be maintained; and recommended that the Human Rights Council give consideration during the review of the system of expert advice to the possibility of entrusting a stronger mandate to the Working Group for monitoring the implementation of slavery-related treaties in a framework of cooperation with parties to these treaties, among other things.
In a decision on Human rights of elderly people (A/HRC/Sub.1/58/L.12),
adopted by consensus, as orally amended, the Sub-Commission decided to request Chin Sung Chung to prepare a working paper on the human rights of elderly people, and to submit it to the fifty-ninth session of the Sub-Commission or the first session of any successor body for expert advice.
In a resolution on systematic rape, sexual slavery and slavery-like practices
during armed conflicts (A/HRC/Sub.1/58/L.13), adopted by consensus, the Sub-Commission: was deeply concerned that systematic rape, sexual slavery and slavery-like practices were still being used to humiliate civilians and military personnel, to destroy society and to diminish prospects for a peaceful resolution of conflict and that the resulting severe physical and psychological trauma endangered not only personal recovery but post-conflict reconstruction of the whole society; reiterated that States should provide effective criminal penalties and compensation for unremedied violations in order to end the cycle of impunity with regard to sexual violence committed during armed conflicts; encouraged States to promote human rights education on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts; and called upon the High Commissioner for Human Rights to submit an updated report to the Sub-Commission at its fifty-ninth session or to its successor body, on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts.
In a resolution (A/HRC/Sub.1/58/L.19) entitled World Programme for Human Rights Education, adopted by consensus, the Sub-Commission: welcomed the establishment of the Human Rights Council by the General Assembly in accordance with its resolution 60/251 of 3 April 2006 in which the General Assembly decided in paragraph 5 that “the Council shall, inter alia: (a) Promote human rights education and learning”; and recommended that the human rights treaty bodies, when examining reports of States parties, devote attention specifically to human rights education, particularly in the framework of the World Programme for Human Rights Education, and that human rights education be included in the agenda of the annual meeting of the treaty bodies so that they can make recommendations on how human rights education can contribute to national capacity-building aimed at strengthening national human rights protection mechanisms.
In a resolution (A/HRC/Sub.1/58/L.27) entitled Working group to elaborate detailed principles and guidelines, with relevant commentary, concerning the promotion and protection of human rights when combating terrorism, adopted by consensus, the Sub-Commission: welcomed with satisfaction the report of the sessional working group (A/HRC/Sub.1/26) and took note of its discussions and agreed programme of work; requested Kalliopi Koufa to update the preliminary framework draft of principles and guidelines based on the discussions of the working group; decided to transmit to the Human Rights Council the updated framework draft of the principles and guidelines contained in document A/HRC/Sub.1/58/30, for its consideration; decided to reconvene the working group at its fifty-ninth session, or during the first session of any future expert advice mechanism; and recommended to the Human Rights Council that consideration be given, in its review of the system of expert advice, to the continuation of the working group in order to ensure the continuation of the work.
In a resolution (A/HRC/Sub.1/58/L.28) entitled Human rights and the human genome, adopted by consensus, the Sub-Commission: decided to request the Special Rapporteur, Antoanella-Iulia Motoc, to submit a final report on human rights and the human genome to the Sub-Commission or the future expert advice mechanism, or in the absence of either, to the Human Rights Council; and to request the Secretary-General to provide the Special Rapporteur with all necessary assistance to enable her to carry out her mandate.
In a resolution (A/HRC/Sub.1/58/L.31) entitled The protection of civilians during armed conflicts, adopted by consensus, as revised and orally amended, the Sub-Commission: recommended that that regional preparatory expert meetings be held with a view to providing the conference of the High Contracting Parties with lessons learned from recent conflicts, both of a national and international character, in different parts of the world and with suggestions to remedy both protection and monitoring gaps; recommended that the Sub-Commission or its successor expert body consider, as a matter of priority, ways of enhancing compliance by States with their obligations under international human rights law applicable in situations of armed conflict, in particular the rights of children; requested that guidelines be elaborated to build on the experience of recent Inquiry Commission and Fact-Finding Missions, with a view to establishing a culture of compliance and accountability and to provide member States with reliable tools for victim-oriented inquiry missions; and recommended that the Sub-Commission or any successor expert body include the issue of ensuring respect for human rights during armed conflict among its priorities and as a permanent agenda item, to build upon the ongoing work of the Sub-Commission in this area.
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and Protection of Human Rights
MORNING
24 August 2006
Appoints Four New Special Rapporteurs
The Sub-Commission on the Promotion and Protection on Human Rights this morning adopted by consensus twenty-one resolutions and five decisions under items on its agenda, including the Administration of justice, law and democracy, Economic, social and cultural rights, Prevention of discrimination, Specific human rights issues, and Administration of justice, rule of law and democracy.
Concerning the administration of justice, rule of law and democracy, the Sub-Commission adopted seven resolutions and decisions: a decision on Human rights and State sovereignty, in which it requested Vladimir Kartashkin to prepare an expanded working paper; a resolution on the universal implementation of international human rights treaties; a decision on transitional justice: investigation mechanisms for truth and reconciliation, with emphasis on Latin America, requesting Janio Iván Tuñón Veilles to prepare a working paper for submission to the working group on the administration of justice; a resolution on the right to an effective remedy, appointing Mohamed Habib Cherif as Special Rapporteur to prepare a comprehensive study on the implementation in practice of the right to an effective remedy for human rights violations; a resolution on the accountability of international personnel taking part in peace support operations, appointing Françoise Jane Hampson as Special Rapporteur to prepare a study on the accountability of international personnel in peace support operations; a resolution on the difficulty of establishing guilt or responsibility with regard to sexual violence, requesting the Special Rapporteur to submit an interim report; and a resolution on the sessional working group on the administration of justice. Also under this agenda item, the Sub-Commission recommended two draft decisions for adoption to the Human Rights Council.
With regard to economic, social and cultural rights, the Sub-Commission adopted six resolutions and decisions: on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights; on the effects of the working methods and activities of transnational corporations on the enjoyment of human rights; on the Social Forum; on promotion of the realization of the right to drinking water and sanitation, in which it decided to send the report of the Special Rapporteur, El-Hadji Guissé, to the Human Rights Council for approval and adoption; and a decision on the right to development, requesting Florizelle O’Connor submit a concept document on the subject.
Also under this item, a resolution – which Sub-Commission Expert Emmanuel Decaux characterized as historic – was adopted on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty, requesting its review and adoption by the Human Rights Council for submission to the General Assembly.
On prevention of discrimination, the Sub-Commission adopted six resolutions: on the rights of persons belonging to national or ethnic, religious and linguistic minorities; on the Working Group on Indigenous Populations; on discrimination based on work and descent, requesting the Special Rapporteurs Yozo Yokota and Chin Sung Chung to complete their study, and finalize draft principles and guidelines for the elimination of that form of discrimination; on discrimination against leprosy-affected persons and their families, appointing Yozo Yokota as Special Rapporteur to conduct a full and comprehensive study on this issue; and on the legal implications of the disappearance of States and other territories for environmental reasons, appointing Françoise Jane Hampson as Special Rapporteur to prepare a comprehensive study on the subject.
Concerning specific human rights issues, the Sub-Commission adopted seven consensus resolutions and decisions: a decision on Human rights of elderly people, requesting Chin Sung Chung to prepare a working paper; a resolution on systematic rape, sexual slavery and slavery-like practices during armed conflicts; a resolution on the World Programme for Human Rights Education; a decision on the Working group to elaborate detailed principles and guidelines, with relevant commentary, concerning the promotion and protection of human rights when combating terrorism; and a resolution on human rights and the human genome, requesting the Special Rapporteur, Antoanella-Iulia Motoc, to submit a final report to the Sub-Commission or the future expert advice mechanism.
Following the adoption of the seventh resolution on this topic, on the protection of civilians during armed conflicts, the Sub-Commission, at the instance of Ms. Hampson, marked the universal ratification of the Geneva Conventions and their Additional Protocols on 2 August with a round of applause.
When the Sub-Commission reconvenes at 3 p.m. today it will take action on remaining resolutions and decisions on its agenda. It will also conclude its debate on the administration of justice, the rule of law and democracy, hearing addresses from several non-governmental organizations on that topic.
Resolutions on Administration of Justice, Rule of Law, and Democracy
In a decision on Human Rights and State sovereignty (A/HRC/Sub.1/58/L.5), adopted by consensus, as orally amended, the Sub-Commission, welcoming with satisfaction the working paper prepared by Mr. Vladimir Kartashkin on human rights and State sovereignty (E/CN.4/Sub.2/2006/7), decided to request Mr. Kartashkin to prepare an expanded working paper on human rights and State sovereignty that should address, among other things, such issues as State sovereignty and the relationship between international and domestic law in the field of human rights, and to submit it in 2007 to the Sub-Commission or to any other expert body. The Sub-Commission also recommended that this topic be included in the agenda of the future expert advice mechanism as a matter of priority.
In a resolution on the universal implementation of international human
rights treaties (A/HRC/Sub.1/58/L.7), adopted by consensus, the Sub-Commission welcomed the final report of Mr. Emmanuel Decaux, Special Rapporteur to conduct a detailed study of the universal implementation of international human rights treaties, and thanked him for the work completed; strongly encouraged all States to implement the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights, with a view to the universal and effective implementation of the international human rights instruments; recommended that the Human Rights Council should take into consideration the recommendations in the final report in the light of the tables contained in the addendum to the report; recommended that technical assistance should be expanded, both within the United Nations and in the specialized agencies and regional organizations, so as to facilitate the universal ratification and effective implementation of the international human rights instruments; and also recommended that a seminar should be organized on best practices, including the plans and programmes of action drawn up by States at the national level, and encouraged further reflection on the legal and other obstacles to the universal implementation of the international human rights instruments.
In a resolution (A/HRC/Sub.1/58/L.17) entitled Transitional justice: investigation mechanisms for truth and reconciliation, with emphasis on Latin America, adopted by consensus, as orally amended, the Sub-Commission decided to request Janio Iván Tuñón Veilles to prepare, without financial implications, a working paper on transitional justice and investigation mechanisms for truth and reconciliation, with emphasis on the experiences in Latin America, and to submit it to the working group on the administration of justice at its next session.
In a resolution (A/HRC/Sub.1/58/L.20) entitled Right to an effective remedy, adopted by consensus, the Sub-Commission: decided to appoint Mohamed Habib Cherif as Special Rapporteur with the task of preparing a comprehensive study on the implementation in practice of the right to an effective remedy for human rights violations and requested the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any future expert advice mechanism and a progress report and final report in the following years; recommended a draft decision to the Human Rights Council for adoption
In a resolution (A/HRC/Sub.1/58/L.21) entitled Accountability of international personnel taking part in peace support operations , adopted by consensus, the Sub-Commission: decided to appoint Françoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on the accountability of international personnel taking part in peace support operations, and requests the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any successor expert body and a progress report and final report in the following years; and recommended a draft decision to the Human Rights Council for adoption.
In a resolution on the difficulty of establishing guilt or responsibility with regard to sexual violence (A/HRC/Sub.1/58/L23), adopted by consensus, the Sub-Commission requested the Special Rapporteur to submit to it an interim report at is fifty-ninth session and a final report in the following year, further requested the Secretary-General to invite Governments, United Nations bodies, the specialized agencies and non-governmental organizations to provide the Special Rapporteur with the information necessary for the preparation of her report; and recommended a draft decision to the Human Rights Council for adoption on the issue.
In a resolution (A/HRC/Sub.1/58/L.29) entitled Sessional working group on the administration of justice, adopted by consensus, the Sub-Commission: emphasizes the importance of the accountability of United Nations staff in peace support missions and underlines the importance of further study in this area; notes that the right to an effective remedy remains a significant goal that has yet to be obtained in many States, and emphasizes the need for further conceptual analysis and study in this regard; invites States, competent bodies of the United Nations, specialized agencies and intergovernmental and non-governmental organizations to provide or continue to provide or to provide information to the working group, or its successor entity, at its future sessions; decided to recommend to the Human Rights Council that the activity of the working group on the administration of justice be continued in the framework of any future expert advice mechanism.
Resolutions on Economic, Social and Cultural Rights
Under a resolution on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights (A/HRC/Sub.1/58/L.6), adopted by consensus, the Sub-Commission: noted the obstacles and challenges confronting States that had introduced national mechanisms to prevent and combat corruption and welcomed the achievements and successes recorded by those mechanisms, and their positive impact on human rights; urged States that had not done so to introduce independent national mechanisms to prevent and combat corruption through the adoption and implementation of specific anti-corruption legislation while safeguarding basic human rights, including due process; and recommended a draft decision on the issue to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.14) entitled The effects of the working methods and activities of transnational corporations on the enjoyment of human rights, adopted by consensus, the Sub-Commission: recommended that the Human Rights Council should adopt the “Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights” and consider establishing a monitoring body; also recommended that the issue of the working methods and activities of transnational corporations should remain on the agenda of the Human Rights Council and on that of the future expert body which will advise it; further recommended that activities within the United Nations system relating to multinational enterprises should be coordinated by this future expert body in order to ensure greater consistency among such activities.
In a resolution (A/HRC/Sub.1/58/L.15) entitled The Social Forum, adopted by consensus, the Sub-Commission: calls upon the General Assembly to take into account the conclusions and recommendations of the 2006 Social Forum within the framework of the review of the first United Nations Decade for the Eradication of Poverty; recommended that the Human Rights Council preserve the Social Forum, as a unique space for interactive dialogue between the United Nations human rights system and various stakeholders; recommended that the Human Rights Council extend the meeting of the Social Forum to five days; invites the Social Forum to submit to the future expert advice mechanism of the Human Rights Council a separate report containing a comprehensive and detailed summary of the discussions, including recommendations and draft resolutions; and requested, subject to the decision of the Human Rights Council on its future expert advice mechanism, that the Secretary-General 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.
In a resolution (A/HRC/Sub.1/58/L.16) entitled Implementation of existing human rights norms and standards in the context of the fight against extreme poverty, adopted by consensus, the Sub-Commission: welcomed the draft guiding principles annexed to the resolution; thanked all those who contributed to the drafting of the guiding principles; approved the final report of the ad hoc group of experts as well as the draft guiding principles annexed; and requested the Human Rights Council to study these guiding principles, in consultation with experts, persons in situations of extreme poverty and associations committed to working alongside them, with a view to adopting them and forwarding them to the General Assembly.
In a resolution on the promotion of the realization of the right to drinking water and sanitation (AHRC/Sub.1/58/L.25), adopted by consensus, the Sub-Commission welcomed with satisfaction the report of the Special Rapporteur, Mr. El-Hadji Guissé; re-emphasised that the right to water was an individual and collective human right and was closely linked to other rights; reaffirmed that the access of everyone to drinking water supply should not be subject to any restriction but should be subject to regulation and control by the public authorities; adopted the guidelines for the realization of the right to drinking water and sanitation; requested the Secretary-General to bring to the attention of States, international organization and non-governmental organizations concerned with questions relating to water and sanitation, the guidelines for the realization of the right to drinking water and sanitation; invited Mr Guissé to continue his work; and decided to submit the report to the Human Rights Council for consideration and adoption.
In a resolution (A/HRC/Sub.1/58/L.30) entitled The right to development, adopted by consensus, the Sub-Commission: recalling the request of the Commission on Human Rights for the Sub-Commission to submit to the Commission a concept document establishing options for the implementation of the right to development and their feasibility, decided to request Florizelle O’Connor to submit the document to the Sub-Commission at its fifty-ninth session, or to the first session of any future expert advice mechanism.
Resolutions on the Prevention of Discrimination
By a resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/Sub.1/58/L.2), adopted by consensus as orally amended, the Sub-Commission emphasized the need to ensure adequate consideration of minority rights issues within the Human Rights Council and called for the continuation of the Working Group on Minorities or a similar expert body to ensure the provision of specialized advice on minority rights issues to the Council and its subsidiary bodies in the future; endorsed the request of the Working Group and the independent expert for a two-year programme of work; welcomed the progress made and the steps taken towards the establishment of a voluntary fund to support the participation of minority representatives; recommended that the Office of the United Nations High Commissioner for Human Rights continue operating the fellowship programme for minorities; and called upon the Office of the High Commissioner and the independent expert on minority issues, together with the Working Group on Minorities, through inter-agency cooperation, to engage the various parts of the United Nations system, the international financial institutions, the regional banks, and regional and national development agencies in the effective implementation of the goals and objectives of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
In a resolution (A/HRC/Sub.1/58/L.3) entitled Second International Decade of the World’s Indigenous Peoples, adopted by consensus, the Sub-Commission: requested the United Nations High Commissioner for Human Rights to continue to take the necessary steps to ensure the participation of her Office in the activities of the human rights component of the programme of action of the Second Decade; requested its Working Group on Indigenous Populations to follow closely the activities carried out as part of the human rights component of the programme of action of the Second Decade; and welcomed the steps that have been taken and continue to be taken to establish and promote cooperation between the Permanent Forum on Indigenous Issues, the Working Group on Indigenous Populations and the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people.
In a resolution on the Working Group on Indigenous Populations (HRC/Sub.1/58/L.4), adopted by consensus, the Sub-Commission: recommended that the item “indigenous issues” be automatically included in the agenda of the Human Rights Council and stressed the need for an expert body to provide the Council with advice on the promotion, protection and realization of the rights of indigenous peoples; welcomed the adoption by the Council of the UN Declaration of the Rights of Indigenous peoples and recommended its adoption by the General Assembly; requested the Group to continue exploring ways and means to further strengthen its cooperation with the Permanent Forum and the Special Rapporteur; called upon all States to give specific attention to the promotion and projection of the traditional knowledge of indigenous peoples; and recommended to the Human Rights Council a draft decision for adoption requesting it to authorize ten meetings for the Group.
In a resolution on Discrimination based on work and descent (A/HRC/Sub.1/58/L.8), adopted by consensus, the Sub-Commission requested the Special Rapporteurs to continue and complete their study on discrimination based on work and descent, to finalize draft principles and guidelines for the effective elimination of this form of discrimination and to submit their final report in 2007 to the Sub-Commission or its successor body, or in the absence of either, to the Human Rights Council; endorsed the Special Rapporteurs’ proposals to organize two regional workshops, one in Asia and one in Africa, and a consultation meeting in Geneva during the second quarter of 2007, in order for the Special Rapporteurs to receive the views of Governments, United Nations bodies and agencies, non-governmental organizations and representatives of affected communities on the finalization of the draft principles and guidelines for the effective elimination of discrimination based on work and descent; requested the United Nations High Commissioner for Human Rights to provide adequate assistance and support to the Special Rapporteurs; and also recommended a draft decision on the issue to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.18) entitled Discrimination against leprosy-affected persons and their families, adopted by consensus, the Sub-Commission: requested Governments, if they have not yet done so, to abolish legislation that requires forced institutionalization of leprosy patients and to provide effective, prompt and free treatment to leprosy patients, on an outpatient basis if they so wish; also requested Governments to provide appropriate remedies to former patients forcibly hospitalized in a sanatorium, colony, hospital or community; further requested Governments to immediately prohibit and take effective measures to eradicate discrimination of any type against leprosy-affected persons and their families; requested the Human Rights Council to include the topic of discrimination against leprosy-affected persons and their families among the studies to be conducted by the Sub-Commission or a new body of experts to be created under the Council, and decided to appoint Yozo Yokota as Special Rapporteur with the task of conducting a full and comprehensive study on this issue and to submit in 2007 a preliminary report to the Sub-Commission or a new body of experts, or in the absence of either, to the Human Rights Council, and to produce a draft set of principles and guidelines to end discrimination against leprosy-affected persons and their families; and recommended a draft decision to the Human Rights Council for adoption.
In a resolution (A/HRC/Sub.1/58/L.22) entitled The legal implications of the 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, adopted by consensus, the Sub-Commission: decided to appoint Françoise Jane Hampson as Special Rapporteur with the task of preparing a comprehensive study on the legal implications of the 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; requested the Special Rapporteur to submit a preliminary report to the Sub-Commission at its fifty-ninth session or to the first session of any future expert advice mechanism, and a progress report and a final report in subsequent years; and recommended a draft decision to the Human Rights Council for adoption.
Resolutions on Specific Human Rights Issues
In a resolution on the report of the Working Group on Contemporary Forms of Slavery (A/HRC/Sub.1/58/L.9), adopted by consensus as orally amended, the Sub-Commission recommended that the Human Rights Council recommend to the General Assembly to maintain and intensify efforts to persuade States to ratify the Slavery Convention of 1926, the Convention on the Suppression of Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956, the Worst Forms of Child Labour Convention, 1999 (Convention No. 182) of the International Labour Organization and other treaties on slavery-related issues; recommended that the Working Group be maintained; and recommended that the Human Rights Council give consideration during the review of the system of expert advice to the possibility of entrusting a stronger mandate to the Working Group for monitoring the implementation of slavery-related treaties in a framework of cooperation with parties to these treaties, among other things.
In a decision on Human rights of elderly people (A/HRC/Sub.1/58/L.12),
adopted by consensus, as orally amended, the Sub-Commission decided to request Chin Sung Chung to prepare a working paper on the human rights of elderly people, and to submit it to the fifty-ninth session of the Sub-Commission or the first session of any successor body for expert advice.
In a resolution on systematic rape, sexual slavery and slavery-like practices
during armed conflicts (A/HRC/Sub.1/58/L.13), adopted by consensus, the Sub-Commission: was deeply concerned that systematic rape, sexual slavery and slavery-like practices were still being used to humiliate civilians and military personnel, to destroy society and to diminish prospects for a peaceful resolution of conflict and that the resulting severe physical and psychological trauma endangered not only personal recovery but post-conflict reconstruction of the whole society; reiterated that States should provide effective criminal penalties and compensation for unremedied violations in order to end the cycle of impunity with regard to sexual violence committed during armed conflicts; encouraged States to promote human rights education on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts; and called upon the High Commissioner for Human Rights to submit an updated report to the Sub-Commission at its fifty-ninth session or to its successor body, on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts.
In a resolution (A/HRC/Sub.1/58/L.19) entitled World Programme for Human Rights Education, adopted by consensus, the Sub-Commission: welcomed the establishment of the Human Rights Council by the General Assembly in accordance with its resolution 60/251 of 3 April 2006 in which the General Assembly decided in paragraph 5 that “the Council shall, inter alia: (a) Promote human rights education and learning”; and recommended that the human rights treaty bodies, when examining reports of States parties, devote attention specifically to human rights education, particularly in the framework of the World Programme for Human Rights Education, and that human rights education be included in the agenda of the annual meeting of the treaty bodies so that they can make recommendations on how human rights education can contribute to national capacity-building aimed at strengthening national human rights protection mechanisms.
In a resolution (A/HRC/Sub.1/58/L.27) entitled Working group to elaborate detailed principles and guidelines, with relevant commentary, concerning the promotion and protection of human rights when combating terrorism, adopted by consensus, the Sub-Commission: welcomed with satisfaction the report of the sessional working group (A/HRC/Sub.1/26) and took note of its discussions and agreed programme of work; requested Kalliopi Koufa to update the preliminary framework draft of principles and guidelines based on the discussions of the working group; decided to transmit to the Human Rights Council the updated framework draft of the principles and guidelines contained in document A/HRC/Sub.1/58/30, for its consideration; decided to reconvene the working group at its fifty-ninth session, or during the first session of any future expert advice mechanism; and recommended to the Human Rights Council that consideration be given, in its review of the system of expert advice, to the continuation of the working group in order to ensure the continuation of the work.
In a resolution (A/HRC/Sub.1/58/L.28) entitled Human rights and the human genome, adopted by consensus, the Sub-Commission: decided to request the Special Rapporteur, Antoanella-Iulia Motoc, to submit a final report on human rights and the human genome to the Sub-Commission or the future expert advice mechanism, or in the absence of either, to the Human Rights Council; and to request the Secretary-General to provide the Special Rapporteur with all necessary assistance to enable her to carry out her mandate.
In a resolution (A/HRC/Sub.1/58/L.31) entitled The protection of civilians during armed conflicts, adopted by consensus, as revised and orally amended, the Sub-Commission: recommended that that regional preparatory expert meetings be held with a view to providing the conference of the High Contracting Parties with lessons learned from recent conflicts, both of a national and international character, in different parts of the world and with suggestions to remedy both protection and monitoring gaps; recommended that the Sub-Commission or its successor expert body consider, as a matter of priority, ways of enhancing compliance by States with their obligations under international human rights law applicable in situations of armed conflict, in particular the rights of children; requested that guidelines be elaborated to build on the experience of recent Inquiry Commission and Fact-Finding Missions, with a view to establishing a culture of compliance and accountability and to provide member States with reliable tools for victim-oriented inquiry missions; and recommended that the Sub-Commission or any successor expert body include the issue of ensuring respect for human rights during armed conflict among its priorities and as a permanent agenda item, to build upon the ongoing work of the Sub-Commission in this area.
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