SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS CONCLUDES FIFTY-THIRD SESSION

Sub-Commission on the Promotion
and Protection of Human Rights
53rd session
17 August 2001


ROUND-UP




Adopts Resolutions on Recognition of Responsibility for Crimes
Committed During Slavery and Colonial Period;
International Economic Policy and Human Rights;
Indigenous Peoples and Their Relationship to Land;
Weapons of Mass Destruction and Indiscriminate Effect;
Transfer and Use of Small Weapons; Trafficking in Persons


The Subcommission on the Promotion and Protection of Human Rights adjourned this afternoon its annual three-week session during which it discussed issues ranging from State obligations for human rights violations committed during slavery and the colonial period to the effects of globalization and international economic policy on human rights and fundamental freedoms. The Subcommission adopted more than 45 resolutions and decisions.

Among measures approved by the panel of 26 human-rights Experts was a detailed proposal for the holding next year of a "Social Forum" in advance of the Subcommission's fifty-fourth session. The idea, in development since the mid-1990s, was the topic of a Subcommission discussion featuring Mary Robinson, High Commissioner for Human Rights; Rubens Ricupero, Secretary-General of the United Nations Conference on Trade and Development (UNCTAD); and Hina Jilani, Special Representative of the Secretary-General on human rights defenders, among others.

The Subcommission subsequently recommended that its parent body, the Commission on Human Rights, approve the holding of a two-day Social Forum in advance of next year's Subcommission session, with the participation of ten members of the Subcommission; and recommended that the Social Forum meet every year with a mandate, among other things, to follow up on situations of poverty and destitution throughout the world; to propose standards and initiatives; and to follow up the agreements reached at major world conferences and the United Nations Millennium Summit. The Subcommission also decided that the Social Forum would address, among other things, the themes of the effect of international trade, finance and economic policies on income distribution, and their corresponding consequences on equality and non-discrimination; analysis of international decisions affecting basic resources for the population; and analysis of the impact of international trade, finance and economic policies on vulnerable groups. The Subcommission decided that the Social Forum in 2002 would address the theme of "the relationship between poverty reduction and the realization of the right to food".

The topic of international economic and trade events, generally referred to as "globalization", also featured in a series of other Subcommission resolutions and decisions. In a lengthy resolution entitled "globalization and its impact on the full enjoyment of human rights", the Subcommission urged all Governments and international economic policy fora to take international human rights obligations and principles fully into account in international economic policy formulation, including during the forthcoming Fourth Ministerial Conference of the World Trade Organization, and further requested the United Nations High Commissioner for Human Rights to consider whether there was a need for an examination of whether the patent as a legal instrument was compatible with the rights of individuals and companies and the obligations of States, particularly in the medical and pharmaceutical field, and a framework for an alternative system for meeting the legitimate needs of all parties within the framework of human rights, and to undertake such an investigation should she decided that it was necessary. In the same resolution, the Subcommission recommended that the Commission on Human Rights consider requesting that an expert consultation be convened on economic globalization and human rights.

In addition, the Subcommission followed up concerns expressed last year about the human-rights implications of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement by requesting the United Nations High Commissioner for Human Rights to seek observer status with the World Trade Organization for its ongoing review of the TRIPS agreement, and requesting her to undertake an analysis of the impact of the TRIPS agreement on the rights of indigenous peoples. The Subcommission further asked the High Commissioner to explore the compatibility of the patent system with human rights concerns in this area, and asked her to convene an expert seminar on the human rights dimensions of the TRIPS agreement.

Discussion of globalization during the Subcommission's plenary sessions included exchanges with representatives of the World Trade Organization and the International Monetary Fund over whether those organizations were legally obligated to observe international human rights law in carrying out their activities.

The topic of State obligations for what the Subcommission termed "recognition of responsibility and reparation for massive and flagrant violations of human rights which constituted crimes against humanity and took place during slavery and the colonial period" came up in the context of preparations for the World Conference against Racism scheduled for September in Durban, South Africa. A Preparatory Committee session for the World Conference was under way across the hall from the Subcommission, and Subcommission Experts said they wished to lend their support to those advocating that the subject of reparations for slavery and colonialism be discussed at the Conference. The resulting resolution requested all countries concerned to take initiatives which would assist, notably through debate and the provision of truthful information, in the raising of public awareness of the disastrous consequences of the periods of slavery and colonialism; and requested that a process of reflection be initiated in a concerted fashion on appropriate procedures to respond to those consequences.

The resolution was the sole measure adopted under the Subcommission's long-contentious agenda item 2, on the "question of the violation of human rights and fundamental freedoms. . . in all countries". The Subcommission concluded its second year of debate on the matter under an edict from the Commission on Human Rights that it table no resolutions mentioning specific countries. Since that change in the rules, the outcome of the Subcommission's consideration of the topic has been passed on to the Commission only through the Subcommission's summary records.

Another reform made two years ago to the Subcommission's working methods -- the reduction of the length of the panel's annual session from four weeks to three -- drew a direct response this year. Complaining that there was not sufficient time to complete their work and prepare intra-session documents and records, Subcommission members adopted a consensus decision requesting a return to a four-week meeting.

In other action, the Subcommission recommended that consideration be given to an international year for the world's minorities; to the possible appointment of a Special Rapporteur on minority issues; and to the possible establishment of a voluntary trust fund to aid the participation of minority representatives and experts from developing countries in the activities of the Subcommission’s Working Group on minorities.

The Subcommission suggested that its Working Group on indigenous populations cooperate, upon request, as a body of Experts in any conceptual clarification or analysis which might assist the elaboration of the draft United Nations Declaration on the Rights of Indigenous People; and suggested that the High Commissioner organize a workshop for indigenous peoples in the context of the International Year of Ecotourism in 2002.

It decided to recommend that the Office of the High Commissioner for Human Rights organize a preparatory workshop on implementation of the recommendations relating to indigenous peoples contained in Agenda 21 of the Rio de Janeiro World Conference on the Environment and Development.

It requested the Commission on Human Rights to authorize the High Commissioner for Human Rights to organize, in cooperation with the Office of the High Commissioner for Refugees, the International Organization for Migration and other concerned organizations, a workshop in which all aspects of the smuggling and trafficking in persons and protection of their human rights would be considered.

As it did last year, the Subcommission condemned all forms of such discrimination and violations of the human rights of women in the territories controlled by Afghan armed groups; appealed again to the international community, the Security Council in particular, for economic embargo provisions affecting the population of Iraq to be lifted; and decided to urge the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the delivery of food, medical supplies.

The Subcommission requested new studies, reports or working papers this year -- in some cases seeking appointment by the Commission on Human Rights of Subcommission members as Special Rapporteurs -- on the following topics: the scope of the activities and the accountability of armed forces, United Nations civilian police, international civil servants and experts taking part in peace support operations, and their effects on human rights; non-discrimination; further development of the conclusions and recommendations of the Expert Seminar on Human Rights and Extreme Poverty; the return of refugees' or displaced persons' property; the utility, scope and structure of a study on the real and potential dangers to the effective enjoyment of human rights posed by weapons of mass destruction or with indiscriminate effect, including the use of weaponry containing depleted uranium; the Universal Declaration on the Human Genome and Human Rights; and the transfer and use of small arms and light weapons in the context of human rights. For the third time, the Subcommission decided to recommend to the Commission on Human Rights that it authorize the Subcommission to appoint one of its Experts, El-Hadji Guisse, as Special Rapporteur to carry out a detailed study on the right to drinking water.

Reports, updates of reports, or working papers were presented at this year's session by Experts, Special Rapporteurs or former Experts on globalization and its impact on human rights; affirmative action; discrimination based on occupation or descent; the Working Group on minorities; the rights of non-citizens; indigenous peoples and their relationship to land; the Working Group on indigenous populations; promotion and consolidation of democracy; human rights and terrorism; the Working Group on transnational corporations; traditional practices affecting the health of women and children; the Working Group on contemporary forms of slavery; and the Working Group on administration of justice.

High Commissioner for Human Rights Mary Robinson addressed the opening of this year's session, saying the Subcommission had regularly made unique contributions in the field of human rights through its thematic Working Groups and its studies on emerging and cutting issues such as globalization.

In closing the Subcommission's 2001 session, Chairman David Weissbrodt said the Subcommission had continued and intensified this year its study of globalization and human rights and for the first time had had a real encounter between the human rights community and the relevant global economic institutions. He went on to say that the session had emphasized the need for the Subcommission to be creative, focused, and coordinated with other United Nations bodies in order to have the maximum positive impact on promoting and protecting human rights.

The High Commissioner said in closing remarks that this year, there was a new birth of the Subcommission as an innovative body of economic, social and cultural rights, without losing sight of the civil and political rights. The Subcommission was now reaching its full potential as the think tank of the Commission on Human Rights, and it was an important achievement, given the expanding field of human rights. The preparatory meeting for the Social Forum was the first encounter between the Subcommission and the specialized agencies, including the financial institutions. The Social Forum next year would focus on the elimination of poverty and the right to food. This was a needed forum at the international level. The Subcommission was also emerging as a substantive research body for the treaty bodies, she said.

The Subcommission, which was known until 1998 as the Subcommission on the Prevention of Discrimination and the Protection of Minorities, was created by the Commission on Human Rights in 1947 and has been credited with spurring current worldwide interest in the promotion and protection of the rights of indigenous peoples and with leading a widening campaign to end harmful traditional practices such as female genital mutilation. According to the Subcommission's mandate, it undertakes studies and makes recommendations, keeps abreast of trends in the field of human rights, and explores issues that are considered important and have not received sufficient attention.


Action on resolutions and decisions

Question of the violations of human rights in any country

Regarding the question of the violation of human rights in any country, the Subcommission adopted a measure:

-- on recognition of responsibility and reparation for massive and flagrant violations during slavery and the colonial period, requesting all countries concerned to take initiatives which would assist in the raising of public awareness of the disastrous consequences of periods of slavery and colonialism.

Question of the administration of justice

Regarding the question of the administration of justice, the Subcommission adopted measures:

-- on administration of justice through military tribunals, deciding to request Louis Joinet to update his interim report on the topic;

-- on discrimination in the criminal justice system, deciding to request Leila Zerrougui to pursue her research work on the topic, and submit a final working paper next year;

-- on the activities and accountability of armed forces, United Nations civilian police, international civil servants and experts taking part in peace support operations, deciding to entrust Francoise Jane Hampson with the task of preparing a working paper on the topic;

Question of economic, social and cultural rights

Regarding the question of economic, social and cultural rights, the Subcommission adopted measures:

-- on the realization of the right to drinking water and sanitation, recommending to the Commission on Human Rights that it authorize the Subcommission to appoint El-Hadji Guisse as Special Rapporteur to carry out a detailed study on the topic.

-- on the effect of transnational corporations on the enjoyment of human rights, deciding to extend, for a three-year period, the mandate of the Working Group on the methods and activities of transnational corporations;

-- on liberalization of trade in services and human rights, requesting the High Commissioner for Human Rights to submit a report on the human rights implications of the matter, and recommending the World Trade Organization to take into account the report to be prepared by the High Commissioner in assessments of the implementation of the General Agreement on Trade in Services;

-- on globalization and its impact on the full enjoyment of human rights, urging all Governments and international economic policy forums to take international human rights obligations and principles fully into account in international economic policy formulation;

-- on the optional protocol to the International Covenant on Economic, Social and Cultural Rights, urging the Commission on Human Rights to give high priority to the consideration of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights to consider communications from individuals.

-- on the right to food, and the World Food Summit: five years later, appealing to the world's leaders, through the Commission on Human Rights, when they assembled in Rome in November 2001 for the World Food Summit: five years later, to reaffirm the right of everyone to adequate food and to be free from hunger;

-- on the final report on globalization and its impact on the full enjoyment of human rights, deciding to appoint Fried van Hoof as Commentator on the minimum guidelines which would comprise part of the final report on globalization and its impact on the full enjoyment of human rights;

-- on the implementation of human rights norms and standards in the fight against extreme poverty, requesting Paulo Sergio Pinheiro, Yozo Yokota, El-Hadji Guisse and Jose Bengoa to prepare a joint working paper on the basis of the various relevant international instruments, the ongoing work in other forums, the conclusions and recommendations of the Expert Seminar on Human Rights and Extreme Poverty and any other relevant inputs;

-- on intellectual property and human rights, requesting the United Nations High Commissioner for Human Rights to seek observer status with the World Trade Organization for the ongoing review of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement; also requesting the High Commissioner to undertake an analysis of the impact of the TRIPS agreement on the rights of indigenous peoples; and calling upon the High Commissioner to convene an expert seminar to consider the human rights dimension of the TRIPS agreement;

-- on the return of refugees' or displaced persons' property, deciding to entrust Paulo Sergio Pinheiro with the preparation of a working paper on the return of refugees' or displaced persons' property;

-- on the study of non-discrimination , entrusting Fried van Hoof with the preparation of a working paper on non-discrimination.

Question of the prevention of discrimination and protection of indigenous peoples and minorities

Regarding the question of the prevention of discrimination and protection of indigenous peoples and minorities, the Subcommission adopted measures:

-- on the rights of minorities, recommending the possible appointment of a Special Rapporteur on minority issues, and the possible establishment of a voluntary trust fund to aid the participation of minority representatives and experts from developing countries in the activities of the Working Group; requesting Asbjorn Eide to update his study on peaceful and constructive approaches to situations involving minorities;


-- on the Working Group on indigenous populations, requesting the High Commissioner for Human Rights to continue efforts to organize meetings on indigenous issues in different parts of the world, in particular in Africa, Asia, and Latin America; inviting Iulia-Antoanella Motoc to prepare a working paper for the Working Group containing proposals and suggestions for possible future standard setting activities, as well as a second working paper on the consequences of biotechnology on indigenous peoples; requesting Erica-Irene A. Daes to prepare a working paper on indigenous peoples' permanent sovereignty over their natural resources;

-- on the concept and practice of affirmative action, deciding to request the Secretary-General to invite Governments, international organizations, the human rights treaty bodies and the non-governmental organizations to transmit comments on his preliminary report on the topic;

-- on the rights of non-citizens, deciding to request the Secretary-General to transmit a questionnaire of the Special Rapporteur to Governments, intergovernmental organizations, the human rights treaty bodies, and non-governmental organizations for information on a study on the topic;

-- on indigenous peoples and their relationship to land, requesting the Commission on Human Rights to invite the Special Rapporteur to present her final working paper to the Commission during its discussion; and requesting the Commission to consider the establishment of a presessional Working Group;

-- on discrimination based on work and descent, deciding to entrust Rajendra Kalidas Wimala Goonesekere with the preparation of an expanded working paper;

-- on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, declaring that all forms of racism were among the most serious violations of human rights in the contemporary world and must be combatted; and suggesting that the Conference focus, among other topics, on the link between contemporary forms of slavery and racial or other discrimination based on descent;

-- on the International Decade of the World's Indigenous People, recommending that the High Commissioner organize meetings in all regions of the world in order to raise public awareness about indigenous issues; and inviting the Commission on Human Rights to recommend that the Economic and Social Council authorize an international conference on indigenous issues in 2003;

-- on a preparatory workshop on implementation of the recommendations relating to indigenous peoples contained in Agenda 21 of the United Nations Conference on Environment and Development, deciding to recommend that the Office of the High Commissioner for Human Rights organize a preparatory workshop on implementation of the recommendations relating to indigenous peoples contained in Agenda 21.

-- on the report of the Working Group on indigenous populations, deciding to request that the Commission on Human Rights recommend that the Economic and Social Council invite Erica-Irene Daes to attend the first meeting of the Permanent Forum on Indigenous Issues.


Question of other human rights issues

Regarding the question of other human rights issues, the Subcommission adopted measures:

-- on traditional practices affecting the health of women and the girl child, requesting the High Commissioner to assist the mandate by raising funds for the organization of the seminars; and requesting the relevant Special Rapporteur to submit an updated report;

-- on the report of the Working Group on contemporary forms of slavery, recommending that the issue of trafficking in persons be considered at the World Conference against Racism; calling upon States to set action against trafficking within a human rights framework so that victims of child trafficking were fully protected and were not treated as illegal immigrants; and requesting the Commission on Human Rights to authorize the High Commissioner for Human Rights to organize in cooperation with the Office of the High Commissioner for Refugees, the International Organization for Migration and other concerned organizations, a workshop in which all aspects of the smuggling and trafficking in persons and protection of their human rights would be considered;

-- on the situation of women and girls in the territories controlled by Afghan armed groups, requesting the Commission on Human Rights to insist that the Afghan armed groups abide by international human rights standards in relation to women;

-- on human rights and bioethics, deciding to entrust Iulia-Antoanella Motoc with the preparation of a working paper on the Universal Declaration on the Human Genome and Human Rights;

-- on international protection for refugees, urging the international community to make greater efforts to address the needs of such persons by allowing access to them by the Office of the United Nations High Commissioner for Refugees (UNHCR) in order that it could determine their status; and recommending that States disputing the refugee status of a particular affected population cooperate with UNHCR;

-- on reservations to human rights treaties, deciding to entrust Francoise Jane Hampson with preparing an extended working paper on the topic;

-- on terrorism and human rights, requesting Kalliopi Koufa to continue her work, taking into consideration relevant views and comments made;

-- on promotion and consolidation of democracy, deciding to request Expert Manuel Rodgriguez-Cuadros to prepare an expanded working paper on the topic;

-- on the humanitarian situation of the Iraqi population, deciding to appeal again to the international community, the Security Council in particular, for the embargo provisions affecting the population of Iraq to be lifted;

-- on systematic rape, sexual slavery, and slavery-like practices, citing deep concern that such offenses were still being used to humiliate civilians and military personnel, to destroy societies and diminish prospects for a peaceful resolution to conflicts, and that the resulting severe physical and psychological trauma endangered not only personal recovery but post-conflict reconstruction of whole societies;

-- on human rights and weapons of mass destruction, or with indiscriminate effect, deciding to ask Y.K.J. Yeung Sik Yuen to prepare a working paper on the topic, and to submit it to the Subcommission;

-- on the transfer and use of small arms and light weapons, deciding to entrust Barbara Frey with preparing a working paper on the topic for submission to the Subcommission;

-- on international cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity, affirming that highest priority should be given to legal proceedings against all individuals responsible for such crimes, including former Heads of State or Government whose exile served as a pretext for their impunity;

-- on the United Nations Voluntary Trust Fund for Contemporary Forms of Slavery, urging contributions to the Fund to enable it to fulfil its mandate effectively in the year 2002.

Organization of work

Regarding the question of organization of work, the Subcommission adopted measures:

-- on measures to improve the functioning of the Subcommission on the Promotion and Protection of Human Rights, deciding to submit a draft decision to the Commission on Human Rights through which the Commission would consider any proposals aimed at improving the functioning of the Subcommission;

-- on the length of the annual Subcommission session, deciding to request the Commission on Human Rights to restore the length of the Subcommission session to four weeks;

-- on the composition of Subcommission Working Groups for the coming year, deciding to approve the list of members to the various Working Groups;

-- on the Social Forum, requesting the Commission on Human Rights authorize the Social Forum for two days with the participation of ten members of the Subcommission, taking into account regional representation; deciding that the Social Forum would meet every year with a mandate; deciding that the Social Forum in 2002 would address the theme of "the relationship between poverty reduction and the realization of the right to food"; and requesting Jose Bengoa to draft a preliminary working paper outlining the methodology and work of the Social Forum;

-- on the sessional Working Group on the working methods and activities of transnational corporations, deciding to hold the session of the Working Group during the fifty-third session of the Subcommission;

-- on the sessional Working Group on the administration of justice, deciding to hold the session of the Working Group during the fifty-third of the Subcommission.


Membership of the Commission

The members and alternates (*) of the Subcommission are Miguel Alfonso Martinez, *Juan Antonio Fernandez Palacios (Cuba); José Bengoa, *Alejandro Enrique Salinas Rivera (Chile); Erica-Irene A. Daes, *Kalliopi Koufa (Greece); Asbjorn Eide, *Jan Helgesen (Norway); Fan Guoxiang (China); Héctor Fix-Zamudio, *Alonso Gomez-Robledo Verduzco (Mexico); Rajendra Kalidas Wimala Goonesekere, *Deepika Udagama (Sri Lanka); El-Hadji Guissé (Senegal); Francoise Jane Hampson, *Helena Cook (United Kingdom); Fried van Hoof, and *Lammy Betten (Netherlands); Louis Joinet, *Emmanuel Decaux (France); Iulia Antoanella Motoc, *Victoria Sandru-Popescu (Romania); Stanislav Ogurtsov (Belarus); Joseph Oloka-Onyango (Uganda); Soo Gil Park, *Chin Sung Chung (Republic of Korea); Paulo Sérgio Pinheiro, *Marilia S. Zelner Goncalves (Brazil); Godfrey Bayour Preware, and *Christy Ezim Mbonu (Nigeria); Teimuraz O. Ramishvili, *Vladimir Kartashkin (Russian Federation); Manuel Rodriguez-Cuadros (Peru); Y.K.J. Yeung Sik Yuen (Mauritius); Soli Jehangir Sorabjee (India); Halima Embarek Warzazi (Morocco); David Weissbrodt, *Barbara Frey (United States of America); Fisseha Yimer (Ethiopia); Yozo Yokota, *Zoshiko Terao (Japan); and Leila Zerrougui (Algeria).



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