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31 July 2000
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Subcommission on Promotion
and Protection of Human Rights
52nd Session
31 July 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights opened this morning its fifty-second session, electing officers, adopting its agenda, and hearing a review of recent developments from High Commissioner for Human Rights Mary Robinson.
The High Commissioner said the Subcommission could make a major contribution to preparations for the upcoming World Conference against Racism. She also cited concern over human-rights situations in East Timor, Chechnya, Indonesia and certain other Pacific island States, the former Yugoslavia, Sierra Leone, Afghanistan, and the Democratic Republic of the Congo, and said those were only some of the situations that called for attention.
Elected Chairperson of the fifty-second session was Expert Iulia Antoanella Motoc. Chosen Vice-Chairpersons were Experts Erica-Irene A. Daes, Joseph Oloka-Onyango, and Manuel Rodriguez Cuadros. And Rajendra Kalidas Wimala Goonesekere was named Rapporteur.
Ms. Motoc, in opening remarks, said, among other things, that strengthening the rule of law in the field of human rights was a major challenge, and that respect for human rights was the sole form of morality which remained for everyone in a time of great change -- a sole common foundation that was vital to support and defend.
Also addressing the meeting was Shambu Ram Simkhada, Chairman of the Commission on Human Rights, who reviewed a recent revision of Commission working methods, particularly as they applied to the Subcommission. He said, among other things, that there had been a consensus that the Subcommission should be able to debate country situations not being dealt with in the Commission and that it should be allowed to discuss urgent matters involving serious human rights violations in any country, but it had also been agreed that the Subcommission should not adopt country-specific resolutions and should refrain from negotiating and adopting thematic resolutions which contained references to specific countries.
And outgoing Subcommission Chairman Ribot Hatano reviewed relevant events since the panel's fifty-first session, dealing in particular with ramifications of changes in working methods adopted by the Commission in April, including a reduction of the Subcommission's annual session from four weeks to three.
The panel welcomed eight new Experts: former alternates Ms. Motoc and Yozo Yakota, and newcomers Stanislav Ogurtsov, Soo Gil Park, Godfrey Bayour Preware, Manuel Rodriguez-Cuadros, Fried van Hoof, and Leila Zerrougui.
It mourned the deaths over the last year of Alternate Experts Alberto Diaz Uribe and Zhong Shukong.
The Subcommission will reconvene at 10 a.m. on Tuesday, 1 August, to discuss its working methods.
Statements
RIBOT HATANO, outgoing Chairperson of the Subcommission , informed the Subcommission of what had taken place since last September. The inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights had met four times and had finally adopted by consensus the report entitled 'Rationalization of the Work of the Commission'. The Chairman's written report to the Commission had been delivered and the biennial election of the members of the Subcommission had taken place. The elections resulted in five current Experts being successfully re-elected; Mr. Alfonso Martinez of Cuba, Mr. Eide of Norway, Mrs. Warzazi of Morocco, Mr. Weissbrodt of the United States and Mr. Yimer of Ethiopia. Two former 'Alternates' were elected as Experts: Mrs. Motoc of Romania and Mr. Yokota of Japan; and six new Experts were elected: Mr. Ogurtsov of Belarus, Mr. Park of the Republic of Korea, Mr. Preware of Nigeria, Mr. Rodriguez-Cuadros of Peru, Mr. van Hoof of the Netherlands and Ms. Zerrougui of Algeria. The Working Group on Minorities and the Working Group on Contemporary Forms of Slavery had also met since last September.
Mr. Hatano said the report of the Working Group of the Commission had been endorsed by the Commission and had been authorized by the Economic and Social Council in July 2000. The report concluded that the Subcommission would remain at its size of 26 members who would continue to be elected by the Commission. The duration of the membership was not limited in concrete terms but the benefit of continuity and renewal was emphasized. The primary mandate of the Subcommission would be to elaborate studies and research to provide expert advice at the request of the Commission. The Subcommission could adopt, as a think-tank, thematic resolutions in general, but would refrain from negotiating and adopting thematic resolutions which contained references to specific countries. In light of the limitations of the functions of the Subcommission enumerated above, the annual session of the Subcommission would be reduced from four to three weeks.
MARY ROBINSON, High Commissioner for Human Rights , said the year had been eventful, with, among other things, the Beijing + 5 and Copenhagen + 5 review conferences, which had been useful stock-taking exercises. In addition, the General Assembly had adopted an optional protocol to the Convention on the Elimination of Discrimination against Women and two optional protocols to the Convention on the Rights of the Child -- on involvement of children in armed conflict and on the sale of children, child prostitution, and child pornography. The Commission on Human Rights had called for appointment of a Special Representative of the Secretary-General on the situation of human rights defenders and had appointed two new Special Rapporteurs on the right to adequate housing and the right to food. In addition, the recent decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Economic and Social Council was welcomed.
Instances of serious violations of human rights remained a source of deep concern, the High Commissioner said. Next week, she would visit East Timor where people were struggling to come to terms with the events of last year. She was concerned as well about continuing reports of human rights abuses in Chechnya, which she had visited in April; and about reports of serious violations in Indonesia and certain Pacific island States; in the former Yugoslavia, Sierra Leone, Afghanistan and the Democratic Republic of the Congo, to name only some of the situations that called for attention.
The Subcommission had an important role to play in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mrs. Robinson said; a working paper containing interesting proposals had been submitted by Subcommission Expert Paulo Sergio Pinheiro; among related activities, a working paper on the human-rights problems of the Roma, prepared by Subcommission Expert Yeung Kam Yeung Sik Yuen, would be considered by the Committee on the Elimination of Racial Discrimination at its thematic discussion on discrimination against Roma scheduled for later this month. Other Subcommission activities had and would continue to be important in the fields of economic, social and cultural rights; globalization and the relationship between business and human rights; and issues affecting children and young people.
Changes to the working methods of the Commission on Human Rights had affected the Subcommission, the High Commissioner said; many of the Subcommission's recommendations on the matter had been accepted, but one change had run contrary to the Subcommission's feelings -- that its sessions would be reduced from four weeks to three. She was confident that the panel would meet the challenges of concentrating its activities in the shorter time available, and that the group would continue to provide valuable advice and recommendations on how United Nations human-rights activities could be more focused and further enhanced.
IULIA ANTOANELLA MOTOC, newly elected Chairperson of the Subcommission , said the Subcommission was at an historic juncture; human rights, since the panel began its work, had changed greatly and had become an accepted aspect of international law. The Subcommission had served as a valuable bridge during the ideological divides of the Cold War. There had been political ambiguities, it was true, but all international bodies had to cope with such problems. The Subcommission, like any subsidiary body, had to be subject to control and to have its duties defined; it was important not to be bogged down in sterile arguments; clearly, as well, the international community and the Commission on Human Rights had to listen to the Subcommission and heed its advice. That had happened frequently as the panel blazed new paths in the field of human rights, such as through its work on behalf of indigenous populations.
Much of the defining of human rights had occurred during the Cold War; now the situation had changed; establishment of the rule of law was now important -- persons had to be true participants in their Governments and States; weaknesses of governance by various States in relation to the rule of law had led to various human-rights concerns that were current and important, and the Subcommission and other bodies should act to strengthen true rule of law in relation to human rights. Governments and citizens had to be educated in this field of human concern. Cultural and economic issues, and matters of race and gender were also important. Respect for human rights was the sole form of morality which remained to everyone in a time of turmoil -- the sole common foundation. It was vital to support and defend it.
SHAMBHU RAM SIMKHADA, Chairman of the Commission on Human Rights , informed the Subcommission of the work accomplished by the Commission with regards to its main subsidiary organ. The debate on the work of the Subcommission had underlined the important role it played as a subsiduary body of the Commission in the field of human rights. The steady efforts made by the Subcommission to define its role, improve its methods of work and rationalize its agenda had been highlighted during the Commission. At its 67th meeting in April 2000, the Commission had adopted, without a vote, resolution 2000/83, in which it reiterated its recognition of the valuable contribution made by the Subcommission to human rights work of the United Nations over the past 53 years. The need for clarification and adjustment of the mandate of the Subcommission had also been reaffirmed by the Commission. There had been an agreement that delegations would refrain from entering into detailed discussion of the recommendations contained in the report of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission.
Mr. Simkhada said the Commission had decided to approve and implement comprehensively and in its entirety the report of the Working Group. With regard to the Subcommission, the Commission had endorsed in particular the recognition that the Subcommission as a body of independent experts had added, through its analysis and perspectives, an important dimension to the work of the Commission. Emphasis had been placed on the need to safeguard the independence of the Subcommission so as not to weaken its impact, mainly through the elaboration of studies and research and by providing expert advice at the request of the Commission. There had been a consensus that the Subcommission should be able to debate country situations not being dealt with in the Commission and that it should be allowed to discuss urgent matters involving serious human rights violations in any country. However, it had also been agreed that the Subcommission should not adopt country-specific resolutions and should refrain from negotiating and adopting thematic resolutions which contained reference to specific countries. Mr. Simkhada said the long partnership of the Commission with the Subcommission had been a mutually enriching learning experience. To avoid misunderstandings, it was necessary to deepen the dialogue and to work together to promote a common purpose and a better promotion and protection of human rights.
* *** *
and Protection of Human Rights
52nd Session
31 July 2000
Morning
The Subcommission on the Promotion and Protection of Human Rights opened this morning its fifty-second session, electing officers, adopting its agenda, and hearing a review of recent developments from High Commissioner for Human Rights Mary Robinson.
The High Commissioner said the Subcommission could make a major contribution to preparations for the upcoming World Conference against Racism. She also cited concern over human-rights situations in East Timor, Chechnya, Indonesia and certain other Pacific island States, the former Yugoslavia, Sierra Leone, Afghanistan, and the Democratic Republic of the Congo, and said those were only some of the situations that called for attention.
Elected Chairperson of the fifty-second session was Expert Iulia Antoanella Motoc. Chosen Vice-Chairpersons were Experts Erica-Irene A. Daes, Joseph Oloka-Onyango, and Manuel Rodriguez Cuadros. And Rajendra Kalidas Wimala Goonesekere was named Rapporteur.
Ms. Motoc, in opening remarks, said, among other things, that strengthening the rule of law in the field of human rights was a major challenge, and that respect for human rights was the sole form of morality which remained for everyone in a time of great change -- a sole common foundation that was vital to support and defend.
Also addressing the meeting was Shambu Ram Simkhada, Chairman of the Commission on Human Rights, who reviewed a recent revision of Commission working methods, particularly as they applied to the Subcommission. He said, among other things, that there had been a consensus that the Subcommission should be able to debate country situations not being dealt with in the Commission and that it should be allowed to discuss urgent matters involving serious human rights violations in any country, but it had also been agreed that the Subcommission should not adopt country-specific resolutions and should refrain from negotiating and adopting thematic resolutions which contained references to specific countries.
And outgoing Subcommission Chairman Ribot Hatano reviewed relevant events since the panel's fifty-first session, dealing in particular with ramifications of changes in working methods adopted by the Commission in April, including a reduction of the Subcommission's annual session from four weeks to three.
The panel welcomed eight new Experts: former alternates Ms. Motoc and Yozo Yakota, and newcomers Stanislav Ogurtsov, Soo Gil Park, Godfrey Bayour Preware, Manuel Rodriguez-Cuadros, Fried van Hoof, and Leila Zerrougui.
It mourned the deaths over the last year of Alternate Experts Alberto Diaz Uribe and Zhong Shukong.
The Subcommission will reconvene at 10 a.m. on Tuesday, 1 August, to discuss its working methods.
Statements
RIBOT HATANO, outgoing Chairperson of the Subcommission , informed the Subcommission of what had taken place since last September. The inter-sessional open-ended Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission on Human Rights had met four times and had finally adopted by consensus the report entitled 'Rationalization of the Work of the Commission'. The Chairman's written report to the Commission had been delivered and the biennial election of the members of the Subcommission had taken place. The elections resulted in five current Experts being successfully re-elected; Mr. Alfonso Martinez of Cuba, Mr. Eide of Norway, Mrs. Warzazi of Morocco, Mr. Weissbrodt of the United States and Mr. Yimer of Ethiopia. Two former 'Alternates' were elected as Experts: Mrs. Motoc of Romania and Mr. Yokota of Japan; and six new Experts were elected: Mr. Ogurtsov of Belarus, Mr. Park of the Republic of Korea, Mr. Preware of Nigeria, Mr. Rodriguez-Cuadros of Peru, Mr. van Hoof of the Netherlands and Ms. Zerrougui of Algeria. The Working Group on Minorities and the Working Group on Contemporary Forms of Slavery had also met since last September.
Mr. Hatano said the report of the Working Group of the Commission had been endorsed by the Commission and had been authorized by the Economic and Social Council in July 2000. The report concluded that the Subcommission would remain at its size of 26 members who would continue to be elected by the Commission. The duration of the membership was not limited in concrete terms but the benefit of continuity and renewal was emphasized. The primary mandate of the Subcommission would be to elaborate studies and research to provide expert advice at the request of the Commission. The Subcommission could adopt, as a think-tank, thematic resolutions in general, but would refrain from negotiating and adopting thematic resolutions which contained references to specific countries. In light of the limitations of the functions of the Subcommission enumerated above, the annual session of the Subcommission would be reduced from four to three weeks.
MARY ROBINSON, High Commissioner for Human Rights , said the year had been eventful, with, among other things, the Beijing + 5 and Copenhagen + 5 review conferences, which had been useful stock-taking exercises. In addition, the General Assembly had adopted an optional protocol to the Convention on the Elimination of Discrimination against Women and two optional protocols to the Convention on the Rights of the Child -- on involvement of children in armed conflict and on the sale of children, child prostitution, and child pornography. The Commission on Human Rights had called for appointment of a Special Representative of the Secretary-General on the situation of human rights defenders and had appointed two new Special Rapporteurs on the right to adequate housing and the right to food. In addition, the recent decision to establish a Permanent Forum on Indigenous Issues as a subsidiary organ of the Economic and Social Council was welcomed.
Instances of serious violations of human rights remained a source of deep concern, the High Commissioner said. Next week, she would visit East Timor where people were struggling to come to terms with the events of last year. She was concerned as well about continuing reports of human rights abuses in Chechnya, which she had visited in April; and about reports of serious violations in Indonesia and certain Pacific island States; in the former Yugoslavia, Sierra Leone, Afghanistan and the Democratic Republic of the Congo, to name only some of the situations that called for attention.
The Subcommission had an important role to play in the preparatory process for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Mrs. Robinson said; a working paper containing interesting proposals had been submitted by Subcommission Expert Paulo Sergio Pinheiro; among related activities, a working paper on the human-rights problems of the Roma, prepared by Subcommission Expert Yeung Kam Yeung Sik Yuen, would be considered by the Committee on the Elimination of Racial Discrimination at its thematic discussion on discrimination against Roma scheduled for later this month. Other Subcommission activities had and would continue to be important in the fields of economic, social and cultural rights; globalization and the relationship between business and human rights; and issues affecting children and young people.
Changes to the working methods of the Commission on Human Rights had affected the Subcommission, the High Commissioner said; many of the Subcommission's recommendations on the matter had been accepted, but one change had run contrary to the Subcommission's feelings -- that its sessions would be reduced from four weeks to three. She was confident that the panel would meet the challenges of concentrating its activities in the shorter time available, and that the group would continue to provide valuable advice and recommendations on how United Nations human-rights activities could be more focused and further enhanced.
IULIA ANTOANELLA MOTOC, newly elected Chairperson of the Subcommission , said the Subcommission was at an historic juncture; human rights, since the panel began its work, had changed greatly and had become an accepted aspect of international law. The Subcommission had served as a valuable bridge during the ideological divides of the Cold War. There had been political ambiguities, it was true, but all international bodies had to cope with such problems. The Subcommission, like any subsidiary body, had to be subject to control and to have its duties defined; it was important not to be bogged down in sterile arguments; clearly, as well, the international community and the Commission on Human Rights had to listen to the Subcommission and heed its advice. That had happened frequently as the panel blazed new paths in the field of human rights, such as through its work on behalf of indigenous populations.
Much of the defining of human rights had occurred during the Cold War; now the situation had changed; establishment of the rule of law was now important -- persons had to be true participants in their Governments and States; weaknesses of governance by various States in relation to the rule of law had led to various human-rights concerns that were current and important, and the Subcommission and other bodies should act to strengthen true rule of law in relation to human rights. Governments and citizens had to be educated in this field of human concern. Cultural and economic issues, and matters of race and gender were also important. Respect for human rights was the sole form of morality which remained to everyone in a time of turmoil -- the sole common foundation. It was vital to support and defend it.
SHAMBHU RAM SIMKHADA, Chairman of the Commission on Human Rights , informed the Subcommission of the work accomplished by the Commission with regards to its main subsidiary organ. The debate on the work of the Subcommission had underlined the important role it played as a subsiduary body of the Commission in the field of human rights. The steady efforts made by the Subcommission to define its role, improve its methods of work and rationalize its agenda had been highlighted during the Commission. At its 67th meeting in April 2000, the Commission had adopted, without a vote, resolution 2000/83, in which it reiterated its recognition of the valuable contribution made by the Subcommission to human rights work of the United Nations over the past 53 years. The need for clarification and adjustment of the mandate of the Subcommission had also been reaffirmed by the Commission. There had been an agreement that delegations would refrain from entering into detailed discussion of the recommendations contained in the report of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission.
Mr. Simkhada said the Commission had decided to approve and implement comprehensively and in its entirety the report of the Working Group. With regard to the Subcommission, the Commission had endorsed in particular the recognition that the Subcommission as a body of independent experts had added, through its analysis and perspectives, an important dimension to the work of the Commission. Emphasis had been placed on the need to safeguard the independence of the Subcommission so as not to weaken its impact, mainly through the elaboration of studies and research and by providing expert advice at the request of the Commission. There had been a consensus that the Subcommission should be able to debate country situations not being dealt with in the Commission and that it should be allowed to discuss urgent matters involving serious human rights violations in any country. However, it had also been agreed that the Subcommission should not adopt country-specific resolutions and should refrain from negotiating and adopting thematic resolutions which contained reference to specific countries. Mr. Simkhada said the long partnership of the Commission with the Subcommission had been a mutually enriching learning experience. To avoid misunderstandings, it was necessary to deepen the dialogue and to work together to promote a common purpose and a better promotion and protection of human rights.
* *** *