SUBCOMMISSION ON PROMOTION AND PROTECTION OF HUMAN RIGHTS TO MEET IN GENEVA FROM 30 JULY TO 17 AUGUST 2001

27 July 2001




The Subcommission on the Promotion and Protection of Human Rights, the Commission on Human Rights’ principal subsidiary organ, will hold its fifty-third session at the Palais des Nations in Geneva from 30 July to 17 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. According to its mandate, it 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 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.

Among the issues on its provisional agenda for this year’s session, which will be adopted at the opening meeting, the Subcommission will be examining questions related to the violation of human rights and fundamental freedoms in all countries; economic, social and cultural rights; prevention of discrimination and protection of indigenous peoples and minorities; administration of justice; as well as a number of other questions including the rights of women, slavery, trafficking in persons, the rights of asylum-seekers, the right of return of displaced persons, terrorism, and the promotion of democracy.

Documents which the Subcommission will be considering during the session concern the prevention of discrimination and protection of indigenous peoples and minorities including the updated final working paper on indigenous peoples and their relationship to land by its Special Rapporteur Erica Irene Daes, and a progress report by its Special Rapporteur Marc Bossuyt on the concept and practise of affirmative action. It will also be looking at the preliminary report of its Special Rapporteur David Weissbrodt on the rights of non-citizens, and a working paper by its Expert Rajendra Kalidas Wimala Goonesekere on discrimination based on work and descent.

The Subcommission’s Working Groups on indigenous populations and on minorities will also present reports.

On the rights of women, the Subcommission will have before it the updated report of its Special Rapporteur Halima Embarek Warzazi on traditional practices affecting the health of women and the girl child, and the report of the Secretary-General on the situation of women and girls in the territories controlled by Afghan armed groups.

With regards to the violation of human rights and fundamental freedoms in all countries, the Subcommission will have before it the report of the International Commission of Inquiry for Togo.

The Subcommission’s Working Group on contemporary forms of slavery will present a report, and the Experts will also be looking at the report of the High Commissioner for Human Rights on systematic rape, sexual slavery and slavery-like practices.

The sessional Working Group on the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the working methods and activities of transnational corporations will present its report to the Subcommission. The Experts will also be reviewing a progress report by its two Special Rapporteurs Joseph Oloka-Onyango and Deepika Udagama on their study on globalization and its impact on the full enjoyment of all human rights.

After receiving authorization from the Commission on Human Rights to hold a forum on economic, social and cultural rights, to be known as the Social Forum, the Subcommission will discuss this issue.

Also after receiving approval from the Commission, the Subcommission will have Expert Miguel Alfonso Martinez undertake a study on human rights and human responsibilities.

The Working Group on the administration of justice, which will meet during the Subcommission’s session, will also present a report to the Experts.

And concerning the promotion and consolidation of democracy, the Subcommission will have before it the working paper prepared by its Expert Manuel Rodriguez-Cuadros on this subject.


QUESTIONS TO BE EXAMINED DURING THE SESSION OF THE SUBCOMMISSION

Prevention of discrimination and protection of indigenous peoples and minorities

Under this agenda item, which has been considered by the Subcommission since 1994, the Experts will have before them the progress report of the Special Rapporteur Marc Bossuyt on the concept and practice of affirmative action (E/CN.4/Sub.2/2001/15).

At its fifty-seventh session, the Commission on Human Rights asked the Subcommission to participate actively in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. Subcommission Expert Paulo Sergio Pinheiro presented a working paper on further proposals for the work of the World Conference at the second session of the Preparatory Committee for the World Conference (21 May to 1 June). The working paper by Expert Erica Irene Daes on discrimination against indigenous peoples was also issued as a document of the preparatory meeting. The Commission also authorized Ms. Daes to continue to participate in all meetings in preparation of the World Conference and to authorize Expert Miguel Alfonso Martinez to participate in the Durban meeting.

Concerning the rights of non-citizens, the Subcommission will have before it the preliminary report of Special Rapporteur David Weissbrodt (E/CN.4/Sub.2/2001/20 and Add.1) on the rights of persons who are not citizens of the country in which they live.

The Subcommission will have before it a working paper by Expert Rajendra Kalidas Wimala Goonesekere on discrimination based on work and descent (E/CN.4/Sub.2/2001/16).

Concerning indigenous peoples, the Subcommission will have before it the report of its Working Group on indigenous populations on its nineteenth session (E/CN.4/Sub.2/2001/17). The mandate of the Working Group is to review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples and to give special attention to the evolution of standards concerning indigenous rights. With regards to indigenous peoples and their relationship to land, the Subcommission will have before it the updated final working paper on this subject (E/CN.4/Sub.2/2001/21) which was prepared by Special Rapporteur Erica Irene Daes.

The Subcommission will have before it the report of its Working Group on minorities on its seventh session (E/CN.4/Sub.2/2001/22). The mandate of the Working Group is to review the promotion and practical realization of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, and to examine solutions to problems involving minorities.

The Experts will also discuss issues related to the International Decade of the World’s Indigenous People; the protection of the heritage of indigenous people; a Permanent Forum on indigenous issues, the Working Group of the Commission on Human Rights to elaborate a draft declaration on the rights of indigenous peoples; the United Nations Voluntary Fund for Indigenous Populations; and the human rights problems of the Roma and their protection.

Women

The Subcommission will have before it the updated report of its Special Rapporteur Halima Embarek Warzazi on traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2001/27). And it will have before it the report of the Secretary-General on the situation of women and girls in the territories controlled by Afghan armed groups (E/CN.4/Sub.2/2001/28).

Slavery

The Subcommission will have before it the report of its Working Group on contemporary forms of slavery on its twenty-sixth session (E/CN.4/Sub.2/2001/30). The mandate of the Working Group is 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, the traffic in persons and the exploitation of the prostitution of others. It will also have before it the report of the Secretary-General on the implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography (E/CN.4/Sub.2/2001/4).

And on the subject of systematic rape, sexual slavery and slavery-like practices, the Subcommission will have before it the report of the High Commissioner (E/CN.4/Sub.2/2001/29) on the issue. The Subcommission will also examine the situation and activities of the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery.

Terrorism and human rights

The Subcommission will have before it a progress report by its Special Rapporteur Kalliopi Koufa on her comprehensive study on the question of terrorism and human rights (E/CN.4/Sub.2/2001/31).

Economic, Social and Cultural Rights

On the issue of the relationship between the enjoyment of economic, social and cultural rights and the right to development, and the working methods and activities of transnational corporations, the Subcommission will have before it the report of its sessional Working Group on the subject (E/CN.4/Sub.2/2001/9). The mandate of the Working Group includes to identify and examine the effects of the working methods and activities of transnational corporations on the enjoyment of economic, social and cultural rights and the right to development, as well as civil and political rights. It will also have before it a note by the secretariat on the subject (E/CN.4/Sub.2/2001/33).

Concerning globalization and its impact on the full enjoyment of all human rights, the Subcommission will have before it the progress report prepared by its Special Rapporteurs Joseph Oloka-Onyango and Deepika Udagama on their study on the issue(E/CN.4/Sub.2/2001/10).

After receiving authorization from the Commission on Human Rights to hold a forum on economic, social and cultural rights, to be known as the Social Forum, the Subcommission will discuss this matter.

Under this agenda item, the Subcommission will also be discussing the realization of the right to development; intellectual property rights and human rights; promotion of the realization of the right to drinking water and sanitation; the optional protocol to the International Covenant on Economic, Social and Cultural Rights; and adverse consequences of economic sanctions.

Administration of justice

The Subcommission will have before it the report of its sessional Working Group on the administration of justice which will meet during its session (E/CN.4/Sub.2/2001/7).

It will also consider the question of human rights and states of emergency; the death penalty in relation to juvenile offenders; the question of enforced disappearances; and mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery.

Other issues

Concerning promotion and consolidation of democracy, the Subcommission will have before it the working paper prepared by its Expert Manuel Rodriguez-Cuadros on this issue (E/CN.4/Sub.2/2001/32).

And after receiving approval from the Commission, the Subcommission will have Expert Miguel Alfonso Martinez undertake a study on human rights and human responsibilities.

Under this agenda item, the Subcommission will discuss issues related to the right to seek and enjoy asylum; the detention of asylum-seekers; smuggling and trafficking in persons and the protection of their human rights; the right of return of displaced persons; promotion of dialogue on human rights issues; observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the international covenants on human rights; reservations to human rights treaties; continuing obligations under international human rights instruments; human rights and human responsibilities; State cooperation with United Nations human rights mechanisms; and the adverse effects on human rights of the proliferation and transfer of small arms and light weapons.

Question of the violation of human rights and fundamental freedoms in all countries

Under this agenda item, the Subcommission will consider the situation of human rights in Togo and will have before it the report of the International Commission of Inquiry for Togo (E/CN.4/2001/134-E/CN.4/Sub.2/2001/3 and Add. 1-3).

The Commission on Human Rights, in encouraging the Subcommission to streamline its agenda and to reform its working methods, has asked it not to adopt resolutions on human rights country situations which are already being considered by the Commission.

Membership of the Subcommission

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); Yeung Kam 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).


Working Groups and their Chairpersons

Working Group on Indigenous Populations Erica Irene Daes

Working Group on Minorities Asbjorn Eide

Working Group on Contemporary Forms of Slavery Rajendra Kalidas Wimala Goonesekere

Sessional Working Group on Communications (To be decided)

Sessional Working Group on Activities of Transnational Corporations (To be decided)

Sessional Working Group on Administration of Justice (To be decided)


Subcommission Special Rapporteurs

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

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

Special Rapporteur on terrorism and human rights Kalliopi K. Koufa


Special Rapporteur on affirmative action Marc Bossuyt

Special Rapporteurs on the question of globalization Joseph Oloka-
and its impact on the full enjoyment of all human rights Onyango and
Deepika Udagama

Special Rapporteur on rights of non-citizens David Weissbrodt


Other Subcommission Members Asked to Prepare Studies


Working paper on discrimination based on work and descent Rajendra Kalidas Wimala
Goonesekere

Working paper on promotion and consolidation of democracy Manuel Rodriguez-Cuadros

Working paper on human rights and human responsibilities Miguel Alfonso Martinez


Other mandates

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