SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS TO MEET IN GENEVA FROM 2 TO 27 AUGUST

BACKGROUND RELEASE
HR/SC/99/1
29 July 1999



Panel, Formerly Subcommission on Prevention of Discrimination and Protection of Minorities, to Focus on Indigenous Issues, Effects of Globalization, Other Topics


The Subcommission on Promotion and Protection of Human Rights, renamed after fifty-one years as the Subcommission on Prevention of Discrimination and Protection of Minorities, will meet at the Palais des Nations in Geneva from 2 to 27 August.

Created by the Commission on Human Rights in 1947, the Subcommission is made up of 26 independent experts representing countries from five regional groups. It is the Commission’s principal subsidiary organ, and according to its mandate undertakes studies and makes recommendations to the Commission. Among its jobs is to keep abreast of trends in the field of human rights and to explore issues that are considered important and have not received sufficient attention. It is credited, for example, with spurring current worldwide interest in the promotion and protection of the rights of indigenous peoples, and with leading a widening campaign to end traditional practices such as female genital mutilation that are harmful to the health of women and children.

One of the principal subjects of concern this year will be the panel’s own methods of work. It is understood that the Subcommission may not meet in the same configuration next year. The Commission on Human Rights has requested the Subcommission to hold only 30 public meetings and to spend the remainder of its time in private session reviewing its modes of operation. To help in its deliberations, it will have before it a final report prepared by one of its experts. A Working Group of the Commission on Human Rights, meanwhile, is scheduled to begin discussions in the fall on the future shape and purpose of the Subcommission. Among possible changes are a reduction in the number of experts and a shortening of the panel’s standard four-week session.


Substantive topics to be addressed by the Subcommission this year include indigenous land rights and the matter of treaties between States and indigenous peoples -- final reports are expected from experts appointed Special Rapporteurs on these subjects. Then there are the issues of reservations to human-rights treaties; the rights of non-citizens; the human-rights obligations of States that are not parties to human-rights treaties; and the effects of globalization on racism -- on which initial reports are expected from experts.

The Subcommission also will focus on such long-standing topics as economic, social and cultural rights, contemporary forms of slavery, protection of minorities, and the administration of justice.

As in previous years, the expert body will examine the question of the violation of human rights and fundamental freedoms in specific countries. In order to avoid duplicating the work of the Commission on Human Rights, the Subcommission will not take measures with respect to human-rights situations which its parent body is already considering under its public procedures for human-rights violations in specific countries and territories.

In addition, the Subcommission will consider, in closed session, communications which appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms.

It also will review a working paper on human rights as standards for international trade, investment, and financial operations; an updated study on the right to food; the report of a sessional working group on the effects on human rights of the operations and policies of transnational corporations; a working paper on the right to education; a report on traditional practices affecting the health of women and the girl child; a report of its working group on minorities; a report of its working group on indigenous populations; and a preliminary report on terrorism and human rights. The work and report of the Subcommission’s working group on communications is confidential.

The Subcommission appointed a new Special Rapporteur last year to prepare a comprehensive study on affirmative action, and the appointment was approved by the Commission on Human Rights at its fifty-fifth session this spring.

Following completion of Subcommission work on 27 August, the panel’s experts will attend from 30-31 August a workshop on extreme poverty convened pursuant to a decision of the Commission on Human Rights. The workshop’s efforts are expected to lead to preparation of an eventual draft declaration on the rights of persons suffering from extreme poverty.


QUESTIONS TO BE EXAMINED DURING THE SESSION OF THE SUBCOMMISSION

Methods of work

The Subcommission established a sessional working group on methods of work in 1994; in 1996, it decided to entrust one of its members, Ribot Hatano, with the task of preparing a working paper on methods of work; a revised paper was taken up in 1998; and a final working paper will be before the Subcommission at this year’s session. The Subcommission also has a basis for its discussion a resolution (1999/81) of the Commission on Human Rights entitled “Work of the Subcommission on Prevention of Discrimination and Protection of Minorities”, which contains a series of guidelines on how the Subcommission can best help the Commission in its work, and requests, among other things, that the Subcommission, in order to devote sufficient time to review its working methods, organize its four-week session so that there are no more than 30 public meetings, with the panel meeting in closed session the rest of the time to consider implementation of resolution 1999/81.

Elimination of racial discrimination

The item concerning measures to combat racism and racial discrimination and the role of the Subcommission has been on the agenda since 1978. In 1994, the Subcommission decided that its agenda would annually include an item concerning a comprehensive examination of thematic issues relating to racism, xenophobia, minorities and migrant workers.

At its fiftieth session, the Subcommission had before it a working paper on the concept and practice of affirmative action prepared by one of its members, Marc Bossuyt; it subsequently decided to appoint him Special Rapporteur with the task of preparing a study on the topic. At its fifty-fifth session, the Commission on Human Rights endorsed the appointment. At this year’s session, the Subcommission will have before it a note by the secretariat on the issue (E/CN.4/Sub.2/1999/5).

At its fiftieth session, the Subcommission decided to request one of its members, David Weissbrodt, to prepare a working paper on the rights of persons who are not citizens of the country in which they live in order to enable it to take a decision this year on the feasibility of such a study. At this year’s session it will consider the working paper (E/CN.4/Sub.2/1999/7 and Add.1).

At its fiftieth session, the Subcommission decided to request one of its members, Joseph Oloka-Onyango, to prepare a working paper on the topic of globalization in the context of the increase in incidents of racism, racial discrimination and xenophobia, to be considered at its fifty-first session as a contribution to preparations for the upcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and to explore cooperation on the issue, if needed, with the Committee on the Elimination of Racial Discrimination. At this session it will consider the working paper (E/CN.4/Sub.2/1999/8).

Under this agenda item the Subcommission also will continue to consider the question of the situation of migrant workers and members of their families.

Prevention of discrimination against and the protection of minorities

The Subcommission established in 1995 an inter-sessional working group to promote the rights of persons belonging to national or ethnic, religious and linguistic minorities. The Working Group on Minorities, chaired by Subcommission expert Asbjorn Eide, is the main forum for consideration and possible resolution of problems between minorities and Governments, as well as among minorities themselves, and it draws on the expertise of scholars, among others, in the course of its deliberations. It also recommends further measures, as appropriate, for the promotion and protection of the rights of persons belonging to minorities. At this session, the Subcommission will have before it the report of the Working Group’s fifth session (E/CN.4/Sub.2/1999/21).

Human rights of indigenous peoples

In 1982, the Subcommission established the Working Group on Indigenous Populations to review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples. The Working Group also gives special attention to the evolution of standards concerning the rights of indigenous peoples, taking account of the similarities and differences in the situations and aspirations of indigenous peoples throughout the world. The Subcommission will have before it the report of the Working Group on its seventeenth session (E/CN.4/Sub.2/1999/19), presented by its Chairman-Rapporteur, Erica-Irene A. Daes.

Mrs. Erica-Irene A. Daes, its Rapporteur/Chairperson was also appointed Special Rapporteur to conduct a comprehensive study on the problem of recognition of and respect for indigenous land rights. She was asked to prepare a working paper on indigenous people and their relationship to land which suggested practical measures to address ongoing problems. The Subcommission will have before it the final working paper prepared by Mrs. Daes (E/CN.4/Sub.2/1998/18).

The Subcommission will also consider the final edition of a study on Treaties, Agreements and Other Constructive Arrangements Between States and Indigenous Populations (E/CN.4/Sub.2/1999/20). The Special Rapporteur on this issue since 1987 has been Miguel Alfonso Martinez.

The Subcommission will examine other issues related to indigenous populations, including the United Nations Voluntary Fund for Indigenous Populations which assists representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on Indigenous Populations by providing financial contributions; the International Decade of the World's Indigenous People; the elaboration of a United Nations declaration on the rights of indigenous peoples; and the creation of a permanent forum within the United Nations for indigenous peoples, an issue now also being examined by a working group of the Commission on Human Rights.

Implementation of the Human Rights of Women

In 1984, the Subcommission decided to include in its agenda a sub-item on the prevention of discrimination and protection of women. In 1997, it decided to consider more fully the implications of the Beijing Platform for Action for the work of the Subcommission in such areas as women and poverty, the role of women in global development and the promotion of human rights, as well as additional measures to combat violence against women, including trafficking in women.

In 1988 the Subcommission requested Halima Embarek Warzazi to study recent developments with regard to traditional practices affecting the health of women and children. A series of reports has followed. At its present session, the Subcommission will have before it Mrs. Warzazi’s latest study (E/CN.4/Sub.2/1999/14).

The Subcommission will also examine the role and equal participation of women in development. It will have before it the most recent reports of the Committee on the Elimination of Discrimination Against Women and of the Commission on the Status of Women.

Contemporary Forms of Slavery

The Working Group on Contemporary Forms of Slavery was created by the Subcommission in 1974 to review developments in the field of slavery and the slave trade in all their practices and manifestations, including the slavery-like practices of apartheid and colonialism, traffic in persons and the exploitation of the prostitution of others. The Subcommission will have before it the report of the Working Group on Contemporary Forms of Slavery (E/CN.4/Sub.2/1999/17).

The Subcommission also will consider a report of the Secretary-General on the sale of children, child prostitution and child pornography (E/CN.4/Sub.2/1999/15).

And it will have before it a note by the Secretariat concerning an update on a study on slavery and slavery-like practices during wartime (E/CN.4/Sub.2/1999/16).

Situations of Violations of Human Rights

Under the item on the "Question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories", the Commission on Human Rights in 1967 requested the Subcommission to prepare a report containing information on violations of human rights and fundamental freedoms from all available sources. The Commission invited the Subcommission to bring to its attention any situation which it had reasonable cause to believe revealed a consistent pattern of violations of human rights and fundamental freedoms in any country.

As part of the process, the Subcommission gives attention to follow-up of decisions and resolutions which it had adopted the previous year and to decisions and resolutions in the field adopted by the General Assembly, the Economic and Social Council, and the Commission on Human Rights on situations prevailing in various countries and territories. It has decided that to improve efficiency and to avoid duplication of work, it will not take action concerning situations of human rights that the Commission has acted on in public session.

Administration of Justice and Human Rights

The Subcommission created in 1981 a working group on the question of the human rights of detainees which was replaced in 1994 by the sessional Working Group on Administration of Justice and the Question of Compensation. At its fiftieth session, the Subcommission endorsed the following decisions of the working group: to transmit a draft international convention on the protection of all persons from enforced disappearances, as revised, to the Commission on Human Rights for consideration; to request El Hadji Guisse to continue preparation for the working group of an annual report on the evolution of capital punishment; to request Miguel Alfonso Martinez to submit to the working group an annual update on the privatization of prisons, taking into account the note prepared by Francoise Jane Hampson on this subject and any other relevant documents; to request Hector Fix Zamudio to submit a working paper to the working group on a possible study entitled “Improvement and efficiency of the judicial instruments for the protection of human rights at the national level and their impact at the international level”.

Under the same agenda item, the Subcommission considers the matter of human rights under states of emergency. The Subcommission has examined since 1977 the question of the application in certain countries of laws and regulations in such situations. The Subcommission will have before it a report of the Secretary-General (E/CN.4/Sub.2/1999/31).

In addition, the Subcommission will focus on other issues related to the administration of justice, such as the application of international norms on the independence and impartiality of the judiciary and the independence of lawyers, the human rights of juvenile detainees, the privatization of prisons, and the individualization of prosecution and penalties.

Realization of Economic, Social and Cultural Rights

Under this agenda item, the Subcommission will take up a working paper (E/CN.4/Sub.2/1999/11) prepared by Joseph Oloka-Onyango and Deepika Udagama on human rights as the primary objective of trade, investment and financial policy; the paper discusses ways and means by which the primacy of human-rights norms and standards could be better reflected in, and could better inform, such international activities.

There will be discussion of an updated study by Asbjorn Eide on the right to food (E/CN.4/Sub.2/1999/12).

In a resolution adopted last year (1998/8), the Subcommission decided to establish, for a three-year period, a sessional working group of the Subcommission to examine the working methods and activities of transnational corporations. The report of the sessional working group to the fifty-first session of the Subcommission will be issued as a document (E/CN.4/Sub.2/1999/9).

On the subject of the realization of the right to development, the Subcommission will have before it a report of the Secretary-General (E/CN.4/Sub.2/1999/30).

The right to education, including education in human rights, will be debated on the basis of a working paper prepared by Mustapha Mehedi (E/CN.4/Sub.2/1999/10). The paper’s purpose is to explain the content of the right to education, taking account, in particular, of its social dimension and the freedoms it includes; its dual character covering civil and political rights and economic, social and cultural rights; and to identify ways and means of promoting human rights education.

Other matters

Under an agenda item on “Review of further developments in fields with which the Subcommission has been or may be concerned,” the group will take up a note by the Secretary-General (E/CN.4/Sub.2/1999/23) on a number of topics. It also will discuss the recent activities of the International Labour Office (ILO) (E/CN.4/Sub.2/1999/24).

There also may be discussion, as decided at the Subcommission’s fiftieth session, on promotion of dialogue and cooperation in the field of human rights; the adverse effects of anti-personnel landmines; implications of humanitarian activities for the enjoyment of human rights; and adverse consequences of the transfer of arms and illicit trafficking in arms on the enjoyment of human rights.

Debate on reservations to human-rights treaties will be held on the basis of a working paper prepared by Francoise Jane Hampson (E/CN.4/Sub.2/1999/28).

The Subcommission will review, as well, the topic of terrorism and human rights on the basis of a preliminary report of Special Rapporteur Kalliopi K. Koufa (E/CN.4/Sub.2/1999/27).


A working paper prepared by Vladimir Kartashkin (E/CN.4/Sub.2/1999/29) will be before the Subcommission for its discussion of ways in which the panel could examine the observance of human rights and fundamental freedoms in States which were not parties to United Nations human-rights conventions.

Communications Concerning Human Rights

This year, as at previous sessions, the Subcommission will consider complaints of abuses forwarded to it by its Working Group on Communications, which must first determine whether the allegations appear to reveal a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms. Under the terms of the confidential “1503 procedure”, named for the Economic and Social Council resolution that established it, the Subcommission considers at private meetings those communications in order to determine whether to refer them to the Commission.

Membership of the Subcommission

The members and alternates (*) of the Subcommission are Miguel Alfonso Martinez, *Marianela Ferriol Echevarria (Cuba); José Bengoa, *Alejandro Salinas Rivera (Chile); Marc Bossuyt, *Guy Genot (Belgium); Volodymyr Boutketvitch, *Oleg Shamshur (Ukraine); Erica-Irene A. Daes, *Kalliopi Koufa (Greece); Asbjorn Eide, *Jan Helgesen (Norway); Fan Guoxiang, *Zhong Shukong (China); Héctor Fix-Zamudio, *Alfonso Gomez-Robledo Veduzco (Mexico); Clemencia Forero Ucros, *Alberto Diaz Uribe (Colombia); Rajenda Kalidas Wimala Goonesekere, *Deepika Udagama (Sri Lanka); El-Hadji Guissé (Senegal); Francoise Jane Hampson, *Helena Cook (United Kingdom); Ribot Hatano, *Yozo Yokota (Japan); Louis Joinet, *Emmanuel Decaux (France); Ahmad Khalifa, *Ahmed Khalil (Egypt); Ioan Maxim, *Antoanella Iulia Motoc (Romania); Mustapha Mehedi (Algeria); Joseph Oloka-Onyango (Uganda); Sang Yong Park, *Myung Chul Hahm (Republic of Korea); Paulo Sérgio Pinheiro, *Marilia S. Zelner Goncalves (Brazil); Teimuraz O. Ramishvili, *Vladimir Kartashkin (Russian Federation); Yeung Kam Yeung Sik Yuen (Mauritius); Soli Jehangir Sorabjee (India); Halima Embarek Warzazi (Morocco); David Weissbrodt, *Gay J. McDougall (United States of America); and Fisseha Yimer (Ethiopia).


Working Groups and their Chairpersons

Working Group on Indigenous Populations: Erica-Irene A. Daes

Working Group on Minorities: Asbjorn Eide

Working Group on Contemporary Forms of Slavery: Halima Warzazi

Working Group on Communications: Fisseha Yimer


Subcommission Special Rapporteurs

Erica-Irene A. Daes
Special Rapporteur on indigenous peoples and their relation to their lands

Miguel Alfonso Martinez
Special Rapporteur on treaties, agreements and other constructive arrangements between States and indigenous populations

Halima Warzazi
Special Rapporteur on the evolution of the situation concerning elimination of traditional practices affecting the health of women and girl children

Kalliopi K. Koufa
Special Rapporteur on terrorism and human rights

Marc Bossuyt
Special Rapporteur on affirmative action on elimination of racial discrimination

Gay J. McDougall
Expert entrusted with completion of report on systematic rape, sexual slavery and slavery-like practices during armed conflict


Subcommission Members Asked to Prepare Studies

Ribot Hatano
Working paper on the methods of work of the Subcommission

Clemencia Forero Ucros
Working paper assessing the utility, scope and structure of a study on weapons of mass destruction or with indiscriminate effect, or of a nature to cause superfluous injury or unnecessary suffering

Mustapha Mehedi
Working paper on the right to education, particularly human rights education

Joseph Oloka-Onyango
Working paper on globalization in the context of the increase in incidents in racism, racial discrimination and xenophobia

David Weissbrodt
Working paper on the rights of non-citizens

Asbjorn Eide
Updated study on the right to food Other mandates

Erica-Irene A.Daes
Permanent mandate to exchange information with all elements of the United Nations system having activities touching on the patrimony of indigenous peoples, with the aim of improving cooperation and coordination and promoting the full participation of all such indigenous peoples in these efforts.