SUB-COMMISSION APPOINTS SPECIAL RAPPORTEUR ON UNIVERSAL IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS TREATIES

Sub-Commission on the Promotion and
Protection of Human Rights
55th session
14 August 2003
Morning



Requests Expert to Prepare Paper on Human Rights
and International Solidarity;
Renews Mandate of Special Rapporteur
on Harmful aditional Practices




The Sub-Commission on the Promotion and Protection of Human Rights this morning adopted a series of resolutions and decisions under its agenda items on prevention of discrimination, economic, social and cultural rights, and specific human rights issues including women and human rights and contemporary forms of slavery.
Among other action, the Sub-Commission decided to appoint Sub-Commission Expert Emmanuel Decaux as Special Rapporteur with the task of undertaking a detailed study on the universal implementation of international human rights treaties, so as to identify international and domestic obstacles to such implementation.
The Sub-Commission approved other texts in which Expert Rui Baltazar Dos Santos Alves was requested to prepare a working paper on human rights and international solidarity; it decided to renew for a further three-year period the mandate of Halima Embarek Warzazi, the Special Rapporteur on harmful traditional practices affecting the health of women; it requested Sub-Commission Expert Françoise Jane Hampton to update her expanded working paper on reservations to human rights treaties; and it decided to request Sub-Commission Expert Florizelle O’Connor to prepare a working paper on the right to development.
The Sub-Commission also expressed its deep appreciation to Special Rapporteur Erica-Irene Daes for her very comprehensive preliminary report on indigenous peoples’ permanent sovereignty over natural resources.
Other texts adopted included a resolution on systematic rape, sexual slavery and slavery-like practices during armed conflicts, in which the Sub-Commission encouraged States to promote human rights education on the issues ensuring the accuracy of accounts of historical events in the educational curricula, in an effort to prevent the recurrence of such violations and to encourage better understanding between all peoples.
Concerning a resolution on harmful traditional practices affecting the health of women and the girl child, the Sub-Commission appealed to all States concerned to intensify efforts to develop awareness of the harmful effects of all forms of harmful traditional practices, in particular through education, information and training, in order to achieve the total eradication of those practices.
The Sub-Commission urgently recommended to the Commission on Human Rights that it call on the Secretary-General to prepare a report, with the assistance from the Office of the United Nations High Commissioner for Human Rights, on the legal implications of the disappearance of States for environmental reasons.
In a resolution on the Working Group on indigenous populations, the Sub-Commission decided, in the light of discussions held under the principal theme “Globalization and indigenous peoples”, to invite the Office of the High Commissioner to organize a second workshop on indigenous peoples, mining and other private sector companies and human rights with a view to preparing guidelines based on respect for the cultures and traditions of those communities.
The Sub-Commission also adopted a resolution on the International Decade of the World’s Indigenous People in which it strongly recommended that the draft United Nations declaration on the rights of indigenous peoples be adopted as early as possible and, to that end, appealed to all participants in the intersessional Working Group of the Commission on Human Rights and to all others concerned to put into practice new, more dynamic ways and means of consultation and consensus-building, in order to accelerate the preparation of the draft declaration.
All texts adopted by the Sub-Commission have to be reviewed by its parent body, the Commission on Human Rights.
After taking action on the resolutions and decisions, the members of the Sub-Commission held a dialogue with representatives of non-governmental organizations who made comments about the Sub-Commission’s methods of work and highlighted their active involvement in the work of the Sub-Commission.
When the Sub-Commission reconvenes at 10 a.m. on Friday, 15 August, it will finalize its work before adjourning its fifty-fifth session.

Action on Resolutions
In a resolution, adopted without a vote, on human rights implications, particularly for indigenous people, of the disappearance of States for environmental reasons (E/CN.4/Sub.2/2003/L.40), the Sub-Commission urgently recommended to the Commission on Human Rights to call on the Secretary-General to prepare a report, with assistance from the Office of the United Nations High Commissioner for Human Rights, on the legal implications of the disappearance of States for environmental reasons, including the implications of the human rights of their residents, with particular reference to the rights of indigenous people, and to submit the report to the General Assembly, ECOSOC, the Commission on Human Rights and the Sub-Commission; and decided to continue consideration of the matter at its next session under the same agenda item.
The Sub-Commission adopted, without a vote, a decision in which it decided to express its deep appreciation to Erica-Irene Daes for her very comprehensive preliminary report on the study on indigenous peoples’ permanent sovereignty over natural resources and welcomed the rich debate that ensued, and requested the Secretary-General to submit the aforesaid report to Governments, indigenous peoples communities and organizations, specialized agencies, other intergovernmental and non-governmental organizations concerned for comments, information and data, which would be important for the Special Rapporteur in elaborating her next report.
In a resolution on the universal implementation of human rights treaties (E/CN.4/Sub.2/2003/L.3), adopted without a vote, the Sub-Commission decided to appoint Emmanuel Decaux as Special Rapporteur with the task of undertaking a detailed study on the universal implementation of international human rights treaties, so as to identify international and domestic obstacles to such implementation, to identify the most effective means of ensuring actual universality of human rights, and to submit a preliminary report to the Sub-Commission at its next session. The Sub-Commission requested the Secretary-General to provide the Special Rapporteur with all necessary assistance to enable him to carry out his mandate, including by facilitating his contact with States, national institutions for the protection and promotion of human rights, international organizations and non-governmental organizations and recommended that the Commission approve this decision.
By a resolution, adopted without a vote, on reservations to human rights treaties (E/CN.4/Sub.2/2003/L.9), the Sub-Commission decided to request Francoise Jane Hampson to update her expanded working paper, without financial implications, and to submit and final working paper to the Sub-Commission at its next session, taking into account the views expressed during the debate, with a view to transmitting it to the Committee on the Elimination of Racial Discrimination, the other treaty bodies and the International Law Commission.
The Sub-Commission adopted without a vote a resolution on systematic rape, sexual slavery and slavery-like practices (E/CN.4/Sub.2/2003/L.15), in which the Sub-Commission encouraged States to promote human rights education on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflicts, ensuring the accuracy of accounts of historical events in the educational curricula, in an effort to prevent the recurrence of such violations and to encourage better understanding between all peoples; and called upon the High Commissioner to submit an updated report to the Sub-Commission at its fifty-sixth session on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflict.
In a resolution on the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery, (E/CN.4/Sub.2/2003/L.20), adopted without a vote, the Sub-Commission invited the Board of Trustees of the Fund to continue to promote the participation at the annual sessions of the Working Group of individuals and organization from as large a number of countries as possible, in accordance with the priorities established in the agenda of the Working Group and recalled the appeal made by the General Assembly to all Governments to respond favorably to requests for contributions to the Fund, urged them and non-governmental organizations, other private and public entities and individuals to contribute to the Fund, and encouraged them to do so, if possible by September 2003, in order to enable the Fund to fulfill its mandate effectively in the year 2004.
The Sub-Commission, adopted without a vote, a resolution on harmful traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2003/L.36), in which the Sub-Commission appealed to all States concerned to intensify efforts to develop awareness of, and mobilize national public opinion concerning, the harmful effects of all forms of harmful traditional practices, in particular through education, information and training, in order to achieve the total eradication of these practices; and decided to renew for a further three-year period the mandate of the Special Rapporteur and requested the Special Rapporteur to submit an updated report to the Sub-Commission at its fifty-sixth session. The Sub-Commission recommended that the Commission on Human Rights adopt this decision.
The Sub-Commission also adopted without a vote a resolution on human rights and international solidarity (E/CN.4/Sub.2/2003/L.44) recalling Commission on Human Rights resolution 2002/73 in which the Commission requested the Sub-Commission to undertake a study on the implementation of the resolution, deciding to request Rui Baltazar Dos Santos Alves to undertake, without financial implications, a working paper on human rights and international solidarity and to submit a working paper to the Sub-Commission at its fifty-sixth session.
In a resolution on the right to development (E/CN.4/Sub.2/2003/L.7), adopted without a vote, Sub-Commission, bearing in mind Commission on Human Rights resolution 2003/83, in which the Commission requested the Sub-Commission to prepare a concept document establishing options for the implementation of the right to development and their feasibility, inter alia, an international legal standard of a binding nature, guidelines on the implementation of the right to development and principles for development partnership, including issues which any such instrument might address, for submission to the Commission at its sixty-first session, decided to request Florizelle O'Connor to prepare, with no financial implications, and to submit to the Sub-Commission at its next session, a working paper identifying and analyzing possible alternatives that would enable the Sub-Commission to respond fully and as effectively as possible to the Commission’s request by the date fixed in resolution 2003/83.
In a resolution on the Working Group on indigenous populations (E/CN.4/Sub.2/2003/L.42) the Sub-Commission decided, without a vote, in light of discussions held under the principal theme “Globalization and indigenous peoples”, to invite the Office of the High Commissioner to organize a second workshop on indigenous peoples, mining and other private sector companies and human rights with a view to preparing guidelines based on respect for the cultures and traditions of these communities and the principle of free, prior and informed consent; reiterated its view that the Economic and Social Council in reviewing at its substantive session 2004 all United Nations mechanisms relating to indigenous peoples, should take into consideration the fact that the mandates of the Working Group, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people and the Permanent Forum on Indigenous Issues were distinct and complementary and requested the Commission, to endorse this view. The Sub-Commission also requested the Commission to request the Economic and Social Council to authorize the Working Group on indigenous populations to meet for five working days prior to the fifty-sixth session of the Sub-Commission.
The Sub-Commission also adopted, without a vote, a resolution on the International Decade of the World’s Indigenous People (E/CN.4/Sub.2/2003/L.43), where it strongly recommended that the draft United Nations declaration on the rights of indigenous peoples be adopted as early as possible and, to this end, appealed to all participants in the intersessional working group of the Commission on Human Rights and to all others concerned to put into practice new, more dynamic ways and means of consultation and consensus-building, in order to accelerate the preparation of the draft declaration. The Sub-Commission welcomed the first steps being taken to establish and promote cooperation between the Working Group on Indigenous Populations, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, and the Permanent Forum on Indigenous Issues. The Sub-Commission also recommended to its parent bodies that a second international decade of the world’s indigenous peoples be proclaimed by the General Assembly which would focus on the promotion and protection of the rights, including the right to sustainable development, of indigenous peoples as well as implement the objectives of the first Decade that had not been fully realized.

Interactive Dialogue
After the Sub-Commission finished taking action on resolutions and decisions, the Chairperson opened the floor for non-governmental organizations and Sub-Commission Experts to exchange views on the work of the Sub-Commission.
A representative of a non-governmental organization asked what Experts intended to about item 2 on the violation of human rights in all countries. He also expressed interest in non-governmental organizations being able to participate in the informal consultations on the right to development.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, said that there had been some changes within item 2, however non-governmental organizations also had to change the way they approached this item. Non-governmental organizations must not be institutionalized to serve to target States under this item.
Another speaker also raised concerns as to item 2. How did Experts perceive their role of monitoring, beyond the passing of resolution? Concern was also raised about the decreasing interest in the Sub-Commission, as well as the decreased attention given to certain geographical areas. He also expressed an interest in participating in the elaboration of studies.
EMMANUEL DECAUX, Sub-Commission Expert, said with regards to participation in studies that panels held over lunch had been very useful.
The Sub-Commission Experts did play a role in monitoring but were dependent on information provided by non-governmental organizations, said Sub-Commission Expert FRANCOISE JANE HAMPSON. Monitoring was not only a process of blaming but also a process of identifying good practices. Non-governmental organizations must also rationalize their work in this context. The Sub-Commission was facing challenges, as were non-governmental organizations.
One speaker said it seemed that the Sub-Commission had lost its importance since it never named countries or institutions. The Sub-Commission must not be afraid of Governments or its role would be eroded. There seemed to be an overlap in studies, he said. How could the Sub-Commission meet this challenge?
In response, Sub-Commission Expert PAULO SERGIO PINHEIRO said that the situation was not as somber as speakers claimed. The Sub-Commission was alive, its role had changed, however item 2 might become more interesting if Member State could call on experts from their countries to participate. There were countries that could really come with experts to the Sub-Commission if they wanted the Sub-Commission to play its role as a think tank. Each country had tremendous capacities and resources that could be presented under this item.
One speaker encouraged more steps to be taken in order to apply a holistic gender approach in the reports of the Sub-Commission. Women had been mostly referred to as victims, rather than as a catalyst for change.
JOSE BENGOA, Sub-Commission Expert, said the experience engaged in, a collective evaluation, was very important. During the first week, the Sub-Commission had discussed how to deal with item 2 and how to ensure that it was not only an element of frustration, both for those who wished follow-up and for Experts who were not able to do that.
Another speaker asked if a theme of item 2 next year could be the change of item 2. Most things could be said in three minutes or less and cutting speaking times might contribute to the quality of the debate.
ASBJORN EIDE, Sub-Commission Expert, agreed with Ms. Hampson in order to make item 2 more interesting.
Concerning item 3 and 5, one speaker referred to women in prison and asked questions about the form of the study on this issue. On the study on non-citizens, she asked if Expert David Weissbrodt would be addressing the accessibility problem.
Responding, Sub-Commission Expert DAVID WEISSBRODT said that his study would indeed include this issue.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, said the comments exchanged after the presentation of reports must be questions. This would allow a more interactive debate. Concerning, a holistic approach to gender, she said that studies were indeed coming forward.
One speaker regretted the decision taken in 1999 that the Sub-Commission was not supposed to refer to specific problems. Could the Sub-Commission not get the mandate back to consider specific country situations, he asked.
HALIMA EMBAREK WARZAZI, Sub-Commission Chairperson, responded and said that it was impossible to overturn decisions taken by the Commission.
On the study on women in prison, FLORIZELLE O'CONNOR, Sub-Commission Expert, said it would point to other areas which needed to be given more attention. All non-governmental organizations interested were encouraged to play an active part in this study.
ANTOANELLA-IULIA MOTOC, Sub-Commission Expert, said that a discussion on item 2 might be very useful. Concerning reports, she said that one could perhaps have question-and-answer sessions, rather than the current method of work in order to involve non-governmental organizations further.
Many questions had been asked about cooperation between Experts and non-governmental organizations, one speaker said. In addition, he said it seemed to him that the Sub-Commission had not taken a position on the report on human rights and globalization.
Sub-Commission Expert, PAULO SERGIO PINHEIRO said that non-governmental organizations, if they wanted item 2 to be country-specific, needed to pressurize their respective Governments to change the way they voted in the Commission. The Sub-Commission Experts were powerless in this situation, since, as pointed out by the Chairperson, they could not overturn decisions taken by the Commission.
SOLI JEHANGIR SORABJEE, Sub-Commission Expert, said he understood the frustration of non-governmental organizations concerning the inability to mention specific countries. The Sub-Commission was working under specific constraints. He suggested that non-governmental organizations put more focus on thematic human rights violations. Non-governmental organizations were also encouraged to focus more on events in their States and refrain from acrimony, in order to raise the level of the debate.
Concerning norms and standards, one speaker suggested putting the violation of human rights and labour on the agenda. She also regretted that no resolution this year had covered the human rights of people living under occupation.
MIGUEL ALFONSO MARTINEZ, Sub-Commission Expert, attracted attention to the work undertaken by the Working Group on indigenous populations. He also raised the issue of the forces in the Commission that believed that the Commission should have exclusive purview of certain political issues, and recalled the politicization of the Commission.
Sub-Commission Expert YOZO YOKOTA welcomed this constructive interactive dialogue and encouraged the involvement of country observers. On the topic of country specific resolutions, the Sub-Commission was concentrating on thematic topics, standard settings, and recommendations to States and other actors. In doing this, the Sub-Commission had received much information from non-governmental organizations. However, the Sub-Commission was no longer monitoring human rights violations in specific countries. Attacks on specific countries or politically motivated statements did not contribute to the current role of the Sub-Commission.
EL HADJI GUISSE, Sub-Commission Expert, said that some of the provisions within the standards and norms on transnational corporations related to the human rights and working conditions of labourers.
Sub-Commission Expert, SOO GIL PARK, asked whether non-governmental organizations could make an analysis on the status of implementation of the decisions adopted every year. It was important to see how the resolutions were being implemented. He also stressed the importance of the smooth dialogue and said that non-governmental organizations must not feel pressurized by time limitations.
One speaker asked about the role of children and youth in the work of the Sub-Commission and made recommendations for their increased participation.
FRANCOISE JANE HAMPSON, Sub-Commission Expert, responded and said the reason why there were no specific topics on children was due to the very broad ratification of the Convention on the Rights of the Child.
PAULO SERGIO PINHEIRO, Sub-Commission Expert, added that the Secretary-General had made it clear that the study on violence and children would include the participation of children.
Concerning the reason as to why there was no resolution on human rights and globalization, LEILA ZERROUGUI, Sub-Commission Expert, said that the Sub-Commission was currently working on this issue.
ASBJORN EIDE, Sub-Commission Expert, said there was a need to respond to the finalization of the report on globalization.



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