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17 August 2000
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Subcommission on the Promotion
and Protection of Human Rights
52nd session
17 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon a series of resolutions and decisions on the human rights of women, contemporary forms of slavery, the human rights of indigenous peoples, prevention of discrimination and protection of minorities, administration of justice, and freedom of movement.
In a resolution on the situation of women and girls in territory controlled by Afghan armed groups, the Subcommission condemned all forms of such discrimination and violations, charging that women and girls there were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security. The Subcommission noted with concern the lack of any official commitment on the part of the Taliban regime to education for girls and the fact that in areas controlled by the Taliban only boys had access to educational facilities; and noted that the situation was totally at variance with the precepts of Islam.
The Subcommission asked the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues. In the same resolution it sought from one of its members a working paper on indigenous peoples and racial discrimination for consideration at the second Preparatory Committee for the World Conference against Racism, and a working paper from a second member on possible principles and guidelines for private sector energy and mining concerns that might affect indigenous lands, to be presented to the Subcommission's working group on indigenous populations. It noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples within the United Nations system should not necessarily be construed as grounds for abolition of the working group on indigenous populations.
The Subcommission condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offense, and called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible.
It recommended the appointment by the Commission on Human Rights of Subcommission Expert Yeung Kam Yeung Sik Yuen as Special Rapporteur to carry out a comprehensive study of the human rights problems and protection of the Roma.
It recommended that the Commission on Human Rights request Governments and intergovernmental and non-governmental organizations to submit their views on the desirability of the drafting of a convention on the rights of persons belonging to minorities.
Other measures called for support for the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery; requested a report from the High Commissioner on Human Rights on the issue of systematic rape, sexual slavery and slavery-liked practices in situations of ongoing conflict; decided to submit draft principles and guidelines for the protection of the heritage of indigenous peoples to the Commission on Human Rights for action; requested an update to a final working paper on indigenous peoples and the relationship to land; and recommended that the Commission on Human Rights establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearances.
The Subcommission will reconvene at 10 a.m. Friday, 18 August, to conclude action on draft resolutions and decisions.
Action on draft measures and resolutions
In a resolution (E/CN.4/Sub.2/2000/L.24) on the situation of women and girls in territories controlled by Afghan armed groups, the Subcommission condemned all forms of discrimination and violations affecting women and girls in territories controlled by Afghan armed groups, who were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security; noted with concern the lack of any official commitment on the part of the Taliban to education for girls and the fact that in areas controlled by the Taliban only boys had access to educational facilities; noted that this situation was totally at variance with the precepts of Islam; and noted that by being confined to their homes, women, whose sole resources derived from agriculture and home-based crafts, were exploited by men and that the situation of those women who had employment opportunities provided by non-governmental organizations and UN agencies was likely to worsen following the promulgation of prohibitory edicts.
The Subcommission considered it essential that the international community continue to follow very closely the situation of women and girls in territories controlled by armed Afghan groups and bring the necessary pressure to bear so that all restrictions imposed on women which constituted flagrant and systematic violations of human rights were removed; considered that it was the duty of these groups to respect fundamental human rights and particularly those of women; requested the Commission on Human Rights to insist that the ruling party in Afghanistan abide by international standards in relation to women, which entailed the repeal of all edicts and the end to all forms of discrimination based on sex; and considered that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter was applying to women, whereas it must be induced to end such treatment.
In a measure (E/CN.4/Sub.2/2000/L.2) on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, the Subcommission noted with satisfaction the participation of a growing number of representatives of NGOs, financed by the trust fund, and their contribution to the Working Group on Contemporary Forms of Slavery; expressed appreciation to donors to the fund; urged all Governments, NGOs, and other private and public individuals and entities to contribute annually to the fund; and emphasized the need for contributions on a regular basis.
In a resolution (E/CN.4/Sub.2/2000/L.15) on systematic rape, sexual slavery and slavery-like practices, the Subcommission expressed appreciation for the updated information provided by the Special Rapporteur; took note of the report of the High Commissioner for Human Rights on the topic; called upon the High Commissioner to monitor the implementation of the present resolution and resolution 1999/16 and to submit a report to the Subcommission at its fifty-third session on the issue of systematic rape, sexual slavery and slavery-liked practices in situations of ongoing conflict; recommended that the Commission on Human Rights endorse the principles contained in the introductory paragraphs of the present resolution; and requested the Commission to recommend to the Economic and Social Council a decision containing these matters for ECOSOC approval.
In a measure (E/CN.4/Sub.2/2000/L.19) on draft principles and guidelines for the protection of the heritage of indigenous peoples, the Subcommission decided to transmit the revised draft principles and guidelines to the Commission on Human Rights for action.
In a resolution (E/CN.4/Sub.2/2000/L.37) on the Working Group on Indigenous Populations, the Subcommission recommended that the Working Group, upon request, cooperate as a body of experts in any conceptual clarification or analysis which might assist the open-ended inter-sessional working group established by the Commission on Human Rights to elaborate further the draft United Nations declaration on the rights of indigenous peoples; requested the Commission on Human Rights to invite Governments, intergovernmental organizations and indigenous and non-governmental organizations to provide information and data to the Working Group at its nineteenth session; requested the High Commissioner to make efforts to organize meetings on indigenous issues in different parts of the world to provide greater opportunity for participation of peoples from these regions and to raise public awareness about indigenous peoples; and requested that the High Commissioner encouraged studies with respect to the right to food and adequate nutrition of indigenous peoples stressing the linkage between their present general situation and their land rights.
The Subcommission also recommended that Erica-Irene Daes, member of the Working Group, prepare a second working paper on indigenous peoples and racism and racial discrimination for consideration at the second Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and related Intolerance and that the working papers which may be prepared by any member of the Working Group to be discussed at the World Conference should be incorporated in the relevant list of Conference documentation; requested Miguel Alfonso-Martinez to submit to the Working Group at its nineteenth session a working paper on possible principles and guidelines for private sector energy and mining concerns that may affect indigenous lands; and recommended that the Chairperson-Rapporteur or any other member of the Working Group be invited to take part in the preparatory meetings and in the World Conference.
The Subcommission requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues to request and receive information from Governments, indigenous peoples and intergovernmental and non-governmental organizations relating to the recognition, promotion and protection of the human rights of indigenous peoples; appealed to all Governments, organizations, including non-governmental organizations and indigenous groups, and individuals in a position to do so, to consider contributing to the United Nations Voluntary Fund for Indigenous Populations in order to assist representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on Indigenous Populations and recommended a draft decision for adoption by the Commission of Human Rights reflecting the content of this resolution.
In a resolution (E/CN.4/Sub.2/2000/L.38) on the International Decade of the World's Indigenous People, the Subcommission welcomed the decision to appoint the High Commissioner for Human Rights as Coordinator for the International Decade; recommended that the Coordinator hold a special fund-raising meeting to encourage financial contributions to the Voluntary Fund for the Decade, as well as the appointment of qualified staff, including indigenous persons, from within the regular budget of the United Nations, to assist with the work of the Office of the High Commissioner relating to the indigenous programme, and to submit a report on the results of those initiatives to the Subcommission at its fifty-third session; urged Governments and intergovernmental and non-governmental organizations and individuals to contribute to the Fund; and recommended that attention be given to improving the extent of the participation of indigenous peoples in planning and implementing the activities of the Decade.
The Subcommission strongly recommended that the draft declaration on the rights of indigenous peoples be adopted as early as possible and not later than the end of the Decade in 2003 and appealed to all participants in the inter-sessional working group of the Commission on Human Rights and all others concerned to use new, more dynamic ways and means of consultation and consensus-building to accelerate the preparation of the draft declaration; and noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples in the United Nations system should not necessarily be construed as grounds for abolition of the Subcommission's working group on indigenous populations, which should continue to carry out the ample, flexible mandate conferred upon it in 1982.
The Subcommission recommended that the High Commissioner organize meetings and other activities in all regions of the world within the framework of the Decade; recommended that she organize a seminar on treaties, agreements and other legal instruments between States and indigenous peoples; recommended that she organize before the end of 2002 a workshop on indigenous peoples, private sector natural resource, energy and mining companies and human rights in order to contribute to the ongoing work of the sessional working group on transnational corporations; recommended that she promoted the establishment, within the Office of Legal Affairs of the Secretariat, a database on matters of relevance to indigenous peoples, and that she establish a global public awareness programme with respect to indigenous issues; and invited the Commission on Human Rights to recommend that the Economic and Social Council authorize the convening of an international conference on indigenous issues during the last year of the International Decade.
In a resolution (E/CN.4/Sub.2/2000/L.43) on indigenous peoples and their relationship to land, an update to a final working paper on indigenous peoples and the relationship to land was requested from the Special Rapporteur, on the basis of the comments made in the Subcommission during this session and the replies received from Governments and other reliable sources subsequent to the submission of the final working paper. The Special Rapporteur was asked to submit her updated final working paper to the Subcommission at its fifty-third session.
In a measure (E/CN.4/Sub.2/2000/L.21) on the human rights problems and protection of the Roma, the Subcommission decided to endorse the conclusions contained in the working paper on the topic by Expert Yeung Kam Yeung Sik Yuen and to recommend a draft decision to the Commission on Human Rights calling for Mr. Sik Yuen's appointment as Special Rapporteur to carry out a comprehensive study of the topic.
In a resolution (E/CN.4/Sub.2/2000/L.27) on the rights of minorities, the Subcommission noted with satisfaction the comments submitted on the commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the revised commentary prepared on the basis of those comments by the Chairman of the Working Group on Minorities; endorsed the recommendations of the working group that the revised commentary be published as part of a manual examining the Declaration and an overview of relevant procedures and mechanisms of regional and international organizations; and also endorsed the recommendation of the working group that its Chairman prepare a statement for the World Conference against Racism, focusing on the relationship between the elimination of racial discrimination and the protection of minorities;
The Subcommission requested the Secretary-General to invite United Nations bodies and the specialized agencies, including the World Bank and the International Monetary Fund, to provide information to the working group on their activities related to minority protection; noted with appreciation the intention of the working group to encourage the convening of one seminar in the Asian and Pacific region, one in the Americas focusing on the situation of Afro-American minorities, and one seminar to be held in Africa in follow-up to the Arusha seminar held in May 2000; recommended that the Commission on Human Rights request Governments and intergovernmental and non-governmental organizations to submit their views on the desirability or otherwise of the drafting of a convention on the rights of persons belonging to minorities; and recommended that the Office of the High Commissioner for Human Rights be strengthened to enable it to provide services to the working group and to undertake relevant studies, evaluation and action.
In a resolution (E/CN.4/Sub.2/2000/L.29) on the death penalty in relation to juvenile offenders, the Subcommission condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offence; called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible and in the meantime to remind their judges that it was a violation of international law; and called upon all States in which the death penalty had been imposed under such circumstances after the State had ratified the Convention on the Rights of the Child and/or after the entry into force of domestic legislation abolishing the imposition of the death penalty on juvenile offenders to remind their judges that its imposition was in violation of international and/or national law.
In a resolution (E/CN.4/Sub.2/2000/L.42) on the question of enforced disappearances, the Subcommission expressed deep concern that the practices of enforced disappearances continued in many parts of the world and reaffirmed that enforced disappearances undermined the deepest values of any society committed to respect for the rule of law, human rights and fundamental freedoms, and that widespread or systematic practice of enforced disappearance was a crime against humanity. The resolution recommended that the Commission on Human Rights, in light of the fact that it had recently concluded its consideration of the draft optional protocols to the Convention on the Rights of the Child, establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearance; urged the Commission to continue to give priority consideration to the draft international convention on the protection of all persons from enforced disappearance; decided to consider the question of the draft international convention on the protection of all persons from enforced disappearance at its fifty-third session under the same agenda item.
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and Protection of Human Rights
52nd session
17 August 2000
Afternoon
The Subcommission on the Promotion and Protection of Human Rights approved this afternoon a series of resolutions and decisions on the human rights of women, contemporary forms of slavery, the human rights of indigenous peoples, prevention of discrimination and protection of minorities, administration of justice, and freedom of movement.
In a resolution on the situation of women and girls in territory controlled by Afghan armed groups, the Subcommission condemned all forms of such discrimination and violations, charging that women and girls there were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security. The Subcommission noted with concern the lack of any official commitment on the part of the Taliban regime to education for girls and the fact that in areas controlled by the Taliban only boys had access to educational facilities; and noted that the situation was totally at variance with the precepts of Islam.
The Subcommission asked the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues. In the same resolution it sought from one of its members a working paper on indigenous peoples and racial discrimination for consideration at the second Preparatory Committee for the World Conference against Racism, and a working paper from a second member on possible principles and guidelines for private sector energy and mining concerns that might affect indigenous lands, to be presented to the Subcommission's working group on indigenous populations. It noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples within the United Nations system should not necessarily be construed as grounds for abolition of the working group on indigenous populations.
The Subcommission condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offense, and called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible.
It recommended the appointment by the Commission on Human Rights of Subcommission Expert Yeung Kam Yeung Sik Yuen as Special Rapporteur to carry out a comprehensive study of the human rights problems and protection of the Roma.
It recommended that the Commission on Human Rights request Governments and intergovernmental and non-governmental organizations to submit their views on the desirability of the drafting of a convention on the rights of persons belonging to minorities.
Other measures called for support for the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery; requested a report from the High Commissioner on Human Rights on the issue of systematic rape, sexual slavery and slavery-liked practices in situations of ongoing conflict; decided to submit draft principles and guidelines for the protection of the heritage of indigenous peoples to the Commission on Human Rights for action; requested an update to a final working paper on indigenous peoples and the relationship to land; and recommended that the Commission on Human Rights establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearances.
The Subcommission will reconvene at 10 a.m. Friday, 18 August, to conclude action on draft resolutions and decisions.
Action on draft measures and resolutions
In a resolution (E/CN.4/Sub.2/2000/L.24) on the situation of women and girls in territories controlled by Afghan armed groups, the Subcommission condemned all forms of discrimination and violations affecting women and girls in territories controlled by Afghan armed groups, who were deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security; noted with concern the lack of any official commitment on the part of the Taliban to education for girls and the fact that in areas controlled by the Taliban only boys had access to educational facilities; noted that this situation was totally at variance with the precepts of Islam; and noted that by being confined to their homes, women, whose sole resources derived from agriculture and home-based crafts, were exploited by men and that the situation of those women who had employment opportunities provided by non-governmental organizations and UN agencies was likely to worsen following the promulgation of prohibitory edicts.
The Subcommission considered it essential that the international community continue to follow very closely the situation of women and girls in territories controlled by armed Afghan groups and bring the necessary pressure to bear so that all restrictions imposed on women which constituted flagrant and systematic violations of human rights were removed; considered that it was the duty of these groups to respect fundamental human rights and particularly those of women; requested the Commission on Human Rights to insist that the ruling party in Afghanistan abide by international standards in relation to women, which entailed the repeal of all edicts and the end to all forms of discrimination based on sex; and considered that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter was applying to women, whereas it must be induced to end such treatment.
In a measure (E/CN.4/Sub.2/2000/L.2) on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, the Subcommission noted with satisfaction the participation of a growing number of representatives of NGOs, financed by the trust fund, and their contribution to the Working Group on Contemporary Forms of Slavery; expressed appreciation to donors to the fund; urged all Governments, NGOs, and other private and public individuals and entities to contribute annually to the fund; and emphasized the need for contributions on a regular basis.
In a resolution (E/CN.4/Sub.2/2000/L.15) on systematic rape, sexual slavery and slavery-like practices, the Subcommission expressed appreciation for the updated information provided by the Special Rapporteur; took note of the report of the High Commissioner for Human Rights on the topic; called upon the High Commissioner to monitor the implementation of the present resolution and resolution 1999/16 and to submit a report to the Subcommission at its fifty-third session on the issue of systematic rape, sexual slavery and slavery-liked practices in situations of ongoing conflict; recommended that the Commission on Human Rights endorse the principles contained in the introductory paragraphs of the present resolution; and requested the Commission to recommend to the Economic and Social Council a decision containing these matters for ECOSOC approval.
In a measure (E/CN.4/Sub.2/2000/L.19) on draft principles and guidelines for the protection of the heritage of indigenous peoples, the Subcommission decided to transmit the revised draft principles and guidelines to the Commission on Human Rights for action.
In a resolution (E/CN.4/Sub.2/2000/L.37) on the Working Group on Indigenous Populations, the Subcommission recommended that the Working Group, upon request, cooperate as a body of experts in any conceptual clarification or analysis which might assist the open-ended inter-sessional working group established by the Commission on Human Rights to elaborate further the draft United Nations declaration on the rights of indigenous peoples; requested the Commission on Human Rights to invite Governments, intergovernmental organizations and indigenous and non-governmental organizations to provide information and data to the Working Group at its nineteenth session; requested the High Commissioner to make efforts to organize meetings on indigenous issues in different parts of the world to provide greater opportunity for participation of peoples from these regions and to raise public awareness about indigenous peoples; and requested that the High Commissioner encouraged studies with respect to the right to food and adequate nutrition of indigenous peoples stressing the linkage between their present general situation and their land rights.
The Subcommission also recommended that Erica-Irene Daes, member of the Working Group, prepare a second working paper on indigenous peoples and racism and racial discrimination for consideration at the second Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and related Intolerance and that the working papers which may be prepared by any member of the Working Group to be discussed at the World Conference should be incorporated in the relevant list of Conference documentation; requested Miguel Alfonso-Martinez to submit to the Working Group at its nineteenth session a working paper on possible principles and guidelines for private sector energy and mining concerns that may affect indigenous lands; and recommended that the Chairperson-Rapporteur or any other member of the Working Group be invited to take part in the preparatory meetings and in the World Conference.
The Subcommission requested the Commission on Human Rights to consider the appointment of a Special Rapporteur on indigenous issues to request and receive information from Governments, indigenous peoples and intergovernmental and non-governmental organizations relating to the recognition, promotion and protection of the human rights of indigenous peoples; appealed to all Governments, organizations, including non-governmental organizations and indigenous groups, and individuals in a position to do so, to consider contributing to the United Nations Voluntary Fund for Indigenous Populations in order to assist representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on Indigenous Populations and recommended a draft decision for adoption by the Commission of Human Rights reflecting the content of this resolution.
In a resolution (E/CN.4/Sub.2/2000/L.38) on the International Decade of the World's Indigenous People, the Subcommission welcomed the decision to appoint the High Commissioner for Human Rights as Coordinator for the International Decade; recommended that the Coordinator hold a special fund-raising meeting to encourage financial contributions to the Voluntary Fund for the Decade, as well as the appointment of qualified staff, including indigenous persons, from within the regular budget of the United Nations, to assist with the work of the Office of the High Commissioner relating to the indigenous programme, and to submit a report on the results of those initiatives to the Subcommission at its fifty-third session; urged Governments and intergovernmental and non-governmental organizations and individuals to contribute to the Fund; and recommended that attention be given to improving the extent of the participation of indigenous peoples in planning and implementing the activities of the Decade.
The Subcommission strongly recommended that the draft declaration on the rights of indigenous peoples be adopted as early as possible and not later than the end of the Decade in 2003 and appealed to all participants in the inter-sessional working group of the Commission on Human Rights and all others concerned to use new, more dynamic ways and means of consultation and consensus-building to accelerate the preparation of the draft declaration; and noted the view expressed by many indigenous participants that the establishment of a permanent forum for indigenous peoples in the United Nations system should not necessarily be construed as grounds for abolition of the Subcommission's working group on indigenous populations, which should continue to carry out the ample, flexible mandate conferred upon it in 1982.
The Subcommission recommended that the High Commissioner organize meetings and other activities in all regions of the world within the framework of the Decade; recommended that she organize a seminar on treaties, agreements and other legal instruments between States and indigenous peoples; recommended that she organize before the end of 2002 a workshop on indigenous peoples, private sector natural resource, energy and mining companies and human rights in order to contribute to the ongoing work of the sessional working group on transnational corporations; recommended that she promoted the establishment, within the Office of Legal Affairs of the Secretariat, a database on matters of relevance to indigenous peoples, and that she establish a global public awareness programme with respect to indigenous issues; and invited the Commission on Human Rights to recommend that the Economic and Social Council authorize the convening of an international conference on indigenous issues during the last year of the International Decade.
In a resolution (E/CN.4/Sub.2/2000/L.43) on indigenous peoples and their relationship to land, an update to a final working paper on indigenous peoples and the relationship to land was requested from the Special Rapporteur, on the basis of the comments made in the Subcommission during this session and the replies received from Governments and other reliable sources subsequent to the submission of the final working paper. The Special Rapporteur was asked to submit her updated final working paper to the Subcommission at its fifty-third session.
In a measure (E/CN.4/Sub.2/2000/L.21) on the human rights problems and protection of the Roma, the Subcommission decided to endorse the conclusions contained in the working paper on the topic by Expert Yeung Kam Yeung Sik Yuen and to recommend a draft decision to the Commission on Human Rights calling for Mr. Sik Yuen's appointment as Special Rapporteur to carry out a comprehensive study of the topic.
In a resolution (E/CN.4/Sub.2/2000/L.27) on the rights of minorities, the Subcommission noted with satisfaction the comments submitted on the commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the revised commentary prepared on the basis of those comments by the Chairman of the Working Group on Minorities; endorsed the recommendations of the working group that the revised commentary be published as part of a manual examining the Declaration and an overview of relevant procedures and mechanisms of regional and international organizations; and also endorsed the recommendation of the working group that its Chairman prepare a statement for the World Conference against Racism, focusing on the relationship between the elimination of racial discrimination and the protection of minorities;
The Subcommission requested the Secretary-General to invite United Nations bodies and the specialized agencies, including the World Bank and the International Monetary Fund, to provide information to the working group on their activities related to minority protection; noted with appreciation the intention of the working group to encourage the convening of one seminar in the Asian and Pacific region, one in the Americas focusing on the situation of Afro-American minorities, and one seminar to be held in Africa in follow-up to the Arusha seminar held in May 2000; recommended that the Commission on Human Rights request Governments and intergovernmental and non-governmental organizations to submit their views on the desirability or otherwise of the drafting of a convention on the rights of persons belonging to minorities; and recommended that the Office of the High Commissioner for Human Rights be strengthened to enable it to provide services to the working group and to undertake relevant studies, evaluation and action.
In a resolution (E/CN.4/Sub.2/2000/L.29) on the death penalty in relation to juvenile offenders, the Subcommission condemned unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offence; called upon States that retained the death penalty under such circumstances to abolish it by law as soon as possible and in the meantime to remind their judges that it was a violation of international law; and called upon all States in which the death penalty had been imposed under such circumstances after the State had ratified the Convention on the Rights of the Child and/or after the entry into force of domestic legislation abolishing the imposition of the death penalty on juvenile offenders to remind their judges that its imposition was in violation of international and/or national law.
In a resolution (E/CN.4/Sub.2/2000/L.42) on the question of enforced disappearances, the Subcommission expressed deep concern that the practices of enforced disappearances continued in many parts of the world and reaffirmed that enforced disappearances undermined the deepest values of any society committed to respect for the rule of law, human rights and fundamental freedoms, and that widespread or systematic practice of enforced disappearance was a crime against humanity. The resolution recommended that the Commission on Human Rights, in light of the fact that it had recently concluded its consideration of the draft optional protocols to the Convention on the Rights of the Child, establish an inter-sessional working group to consider the draft international convention on the protection of all persons from enforced disappearance; urged the Commission to continue to give priority consideration to the draft international convention on the protection of all persons from enforced disappearance; decided to consider the question of the draft international convention on the protection of all persons from enforced disappearance at its fifty-third session under the same agenda item.
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