Fuente : Office of the United Nations High Commissioner of Human Rights (OHCHR)
http://www.ohchr.org/

Sub-Commission on Promotion and Protection of Human Rights to meet in Geneva from 25 July to 12 August 2005

/noticias.info/ The Sub-Commission on the Promotion and Protection of Human Rights, the Commission on Human Rights' principal subsidiary organ, will hold its fifty-seventh session at the Palais des Nations in Geneva from 25 July to 12 August 2005.

Created by the Commission on Human Rights in 1947, the Sub-Commission is made up of 26 Experts from five regional groups. According to its mandate, it undertakes studies and makes recommendations to the Commission. One of its jobs as the Commission's think tank is to explore issues that are considered important and have not received sufficient attention.

Issues on the Sub-Commission's provisional agenda for this year's session, which will be adopted at the opening meeting, include questions related to the administration of justice, economic, social and cultural rights, prevention of discrimination and protection of indigenous peoples and minorities, women, slavery, and terrorism.

Concerning the administration of justice, rule of law and democracy, the Sub-Commission will review issues on the right to an effective remedy in criminal proceedings; the implementation in domestic law of the right to an effective remedy in civil matters against violations of human rights by State agents; discrimination in the criminal justice system; issues and modalities for the effective universality of international human rights treaties; the administration of justice through military tribunals; state of emergency; and human rights law and international humanitarian law.

With regards to economic, social and cultural rights, issues before the Sub-Commission include housing and property restitution in the context of the return of refugees and internally displaced persons; corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights; non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights; the implementation of existing human rights norms and standards in the context of the fight against extreme poverty; the implementation of the right to development; and the right to drinking water supply and sanitation. The Sub-Commission will also have before it the report of the Social Forum whose mandate is to exchange information on the enjoyment of economic, social and cultural rights and their relationship with the processes of globalization; and to monitor situations of poverty and destitution throughout the world, bearing in mind that they amount to complete and permanent denial of human rights.

On the prevention of discrimination, the Sub-Commission will discuss issues relating to the legal implications of the disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples; discrimination based on work and descent; discrimination against leprosy victims and their families; and discrimination against convicted persons who have served their sentence.

In dealing with issues concerning women and human rights, the Sub-Commission will take up concerns about systematic rape, sexual slavery and slavery-like practices during armed conflicts; and traditional practices affecting the health of women and the girl child.

The Sub-Commission will also review issues concerning the question of the violation of human rights and fundamental freedoms; the content and the outcome of the Sub-Commission's work under agenda item 2 (question of the violation of human rights and fundamental freedoms in all countries); new priorities, in particular terrorism and counter-terrorism; human rights and bioethics; the prevention of human rights violations committed with small arms and light weapons; the evaluation of the content and delivery of technical cooperation in the field of human rights; and the methods of work of the Sub-Commission relating to the choice of subject and the preparation of reports.

It will have before it the reports of its Working Groups on minorities; contemporary forms of slavery; indigenous populations; transnational corporations; the administration of justice; and the Working Group with a mandate to elaborate detailed principles and guidelines concerning the promotion and protection of human rights when combating terrorism.

QUESTIONS TO BE EXAMINED DURING THE SESSION OF THE SUB-COMMISSION

Administration of Justice, Rule of Law and Democracy

Under this agenda item, the Sub-Commission will have before it a number of documents, including a working paper by Mohamed Habib Cherif on the right to an effective remedy in criminal proceedings (E/CN.4/Sub.2/2005/13).

Françoise Hampson will present a working paper on the implementation in domestic law of the right to an effective remedy in civil matters against violations of human rights by State agents (E/CN.4/Sub.2/2005/15).

Special Rapporteur Leïla Zerrougui will present an interim report on the detailed study which she is preparing on discrimination in the criminal justice system, with a view to determining the most effective means of ensuring equal treatment in the criminal justice system for all persons without discrimination, particularly vulnerable persons (E/CN.4/Sub.2/2005/7).

Special Rapporteur Emmanuel Decaux will present an interim report on the detailed study that he is preparing on issues and modalities for the effective universality of international human rights treaties which will look at the
universal implementation of international human rights treaties so as to identify international and domestic obstacles to such implementation, to look for effective ways and means in the matter and also to identify the most effective means of ensuring the actual universality of human rights (E/CN.4/Sub.2/2005/8).

Mr. Decaux will also present an updated version of his draft principles governing the administration of justice through military tribunals (E/CN.4/Sub.2/2005/9).

The Sub-Commission will also consider a report by the Office of the High
Commissioner for Human Rights comprising a list of States in which a state of emergency had been proclaimed (E/CN.4/Sub.2/2005/6).

Françoise Hampson and Ibrahim Salama will also present a working paper on human rights law and international humanitarian law (E/CN.4/Sub.2/2005/14) which will address, inter alia, the relationship between human rights law and international humanitarian law, their enforcement systems and the scope of the obligation of
States to implement international humanitarian law domestically, all issues being considered from both a State's and a victim's perspective.

If the sessional Working Group on the administration of justice is established at the fifty-seventh session, its report will be issued as document E/CN.4/Sub.2/2005/11.

Economic, Social and Cultural Rights

Under this agenda item, the Sub-Commission has before it a number of documents, including the final report by Special Rapporteur Paulo Sérgio Pinheiro who is preparing a comprehensive study on housing and property restitution in the context of the return of refugees and internally displaced persons (E/CN.4/Sub.2/2005/17 and Add.1).

On the issue of corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, the Sub-Commission will have before it the progress report by Special Rapporteur Christy Mbonu on the comprehensive study which she is preparing on this issue (E/CN.4/Sub.2/2005/18).

The Sub-Commission will also have before it the preliminary report of Special Rapporteur Marc Bossuyt on the study he is preparing on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (E/CN.4/Sub.2/2005/19).

Five Members of the Sub-Commission, Iulia-Antoanella Motoc, Emmanuel Decaux, Yozo Yokota, El-Hadji Guissé and José Bengoa, with Mr. Bengoa as coordinator, will present a progress report on the joint working paper which they are preparing on the implementation of existing human rights norms and standards in the context of the fight against extreme poverty (E/CN.4/Sub.2/2005/20).

The Sub-Commission will also have before it the working paper by Florizelle
O'Connor on the implementation of the right to development including the feasibility of options, inter alia, an international legal standard of a binding nature, and guidelines on the implementation of the right to development and principles for developing partnership, based on the Declaration on the Right to Development (E/CN.4/Sub.2/2005/23).

It will also have before it the report of Special Rapporteur El-Hadji Guissé who is preparing a set of draft guidelines for the realization of the right to drinking water supply and sanitation (E/CN.4/Sub.2/2005/25).

The Sub-Commission will also be considering the report of the third session of the Social Forum, which will meet on 21 and 22 July. The mandate of the Social Forum is to exchange information on the enjoyment of economic, social and cultural rights
and their relationship with the processes of globalization; to monitor situations of poverty and destitution throughout the world, bearing in mind that they amount to complete and permanent denial of human rights; to propose standards and initiatives of a juridical nature, guidelines and other recommendations for consideration by the Commission on Human Rights and other UN bodies; and to monitor the agreements reached at the major world conferences and the Millennium Summit, and to make contributions to forthcoming major international events and discussion of issues related to the mandate of the Social Forum (E/CN.4/Sub.2/2005/21).

And the sessional Working Group of the Sub-Commission on the effects of the working methods and activities of transnational corporations on the
enjoyment of human rights will present its report to the Sub-Commission (E/CN.4/Sub.2/2005/22).

Contemporary Forms of Slavery

The Sub-Commission's Working Group on contemporary forms of slavery reviews 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. This session, the Working Group will assess its activities since its creation in 1974 and will focus on a review of the status of ratification of the relevant treaties and the identification of crucial gaps and challenges remaining in areas covered by its mandate. The Sub-Commission will have before it the report of the Working Group (E/CN.4/Sub.2/2005/34).

Prevention of Discrimination

Under this agenda item, the Sub-Commission will have before it a number of reports, including the report of the Working Group on indigenous populations which was created in 1982 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 the rights of indigenous peoples, taking account of both the similarities and the differences in the situations and aspirations of indigenous peoples throughout the world (E/CN.4/Sub.2/2005/26)

Françoise Hampson will present an expanded working paper on the legal implications of the disappearance of States and other territories for environmental reasons, including the implications for the human rights of their residents, with particular reference to the rights of indigenous peoples (E/CN.4/Sub.2/2005/28).

Special Rapporteurs Yozo Yokota and Chin-Sung Chung will present a preliminary report on the comprehensive study which they are preparing on discrimination based on work and descent (E/CN.4/Sub.2/2005/30).

The Sub-Commission will have before it the report of the Working Group on minorities (E/CN.4/Sub.2/2005/27). It is recalled that the Commission on Human Rights, in its resolution 2005/79, on the recommendation of the Sub-Commission, requested the United Nations High Commissioner for Human Rights to appoint an Independent Expert on minority issues for a period of two years. The Commission also decided to amend the mandate of the Working Group with a view to its holding one session of three working days annually during the time of the annual session of the Sub-Commission, focusing its work on interactive dialogue with relevant non-governmental organizations and on conceptual support of, and dialogue with, the Independent Expert, who would participate as an observer.

Yozo Yokota will present a preliminary working paper on discrimination against leprosy victims and their families (E/CN.4/Sub.2/2005/29).

The Sub-Commission will also continue to consider the issue of discrimination against convicted persons who have served their sentence at this session.

Women and Human Rights

Concerning women and human rights, the Sub-Commission will have before it a report by the High Commissioner for Human Rights on systematic rape, sexual slavery and slavery-like practices during armed conflicts (E/CN.4/Sub.2/2005/33); and the updated report of Special Rapporteur Halima Embarek Warzazi on traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2005/36)

Other Issues, New Priorities

Concerning the agenda item on the question of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation, in all countries, with particular reference to colonial and other dependent countries and territories, it is recalled that the Commission on Human Rights in its 2005 session reiterated and reaffirmed its decision that the Sub-Commission should not adopt country-specific resolutions, decisions or Chairperson's statements and, in negotiating and adopting thematic resolutions or decisions, should refrain from including references to specific countries. The Commission said the Sub-Commission should continue to be able to debate country situations not being dealt with in the Commission, as well as urgent matters involving serious violations of human rights in any country.

Under its agenda item on organization and methods of work, the Sub-Commission will have before it a working paper by Françoise Hampson (E/CN.4/Sub.2/2005/4) on the organization, the content and the outcome of the Sub-Commission's work under agenda item 2 (question of the violation of human rights and fundamental freedoms in all countries).

On the issue of new priorities, in particular terrorism and counter-terrorism, the Sub-Commission will have before it the updated working paper by Kalliopi Koufa on the promotion and protection of human rights when combating terrorism which contains the preliminary framework draft of principles and guidlnes for the promotion and protection of human rights when combating terrorism (E/CN.4/Sub.2/2005/39).

The Sub-Commission will have before it a working paper by Gáspár Bíró and
Antoanella-Iulia Motoc on human rights and non-State actors (E/CN.4/Sub.2/2005/40), in which they approach in a systematic way the question of accountability under international human rights law. It will also have before it the interim report by Special Rapporteur Antoanella-Iulia Motoc on human rights and bioethics (E/CN.4/Sub.2/2005/38).

Special Rapporteur Barbara Frey will present her report on her comprehensive study on the prevention of human rights violations committed with small arms and light weapons (E/CN.4/Sub.2/2005/35).

Gudmundur Alfredsson and Ibrahim Salama will present their working paper on the evaluation of the content and delivery of technical cooperation in the field of human rights (E/CN.4/Sub.2/2005/41).

And under the agenda item on the organization and methods of work, Emmanuel Decaux will present a working paper on the methods of work of the Sub-Commission relating to the choice of subject and the preparation of reports (E/CN.4/Sub.2/2005/5).

List of Members and Alternates of the Sub-Commission on the Promotion and Protection of Human Rights (2005)

The Sub-Commission is made up of the following 26 members and their alternates (*): Miguel ALFONSO MARTÍNEZ, * Juan Antonio FERNÁNDEZ PALACIOS
(Cuba); Gudmundur ALFREDSSON. * Jakob MÖLLER (Iceland); José BENGOA (Chile); Gáspár BÍRÓ (Hungary); Marc BOSSUYT (Belgium); CHEN Shiqiu, *LIU Xinsheng (China); Mohamed Habib CHERIF, *Habib ACHOUR (Tunisia); Chin-Sung CHUNG, *Ji-ah PAIK (Republic of Korea); Emmanuel DECAUX, *Michèle PICARD (France); Rui Baltazar DOS SANTOS ALVES, *Cristiano DOS SANTOS (Mozambique); El-Hadji GUISSÉ (Senegal); Françoise Jane HAMPSON (United Kingdom); Vladimir KARTASHKIN, * Oleg MALGUINOV (Russian Federation); Kalliopi KOUFA, * Nikolaos ZAIKOS (Greece); Antoanella-Iulia MOTOC, * Victoria SANDRU-POPESCU (Romania); Florizelle O'CONNOR (Jamaica); Paulo Sérgio PINHEIRO, * Marília SARDENBERG ZELNER GONÇALVES (Brazil); Lalaina RAKOTOARISOA (Madagascar); David RIVKIN, *Lee A. CASEY (United States); Ibrahim SALAMA, * Amani KANDIL (Egypt); Abdul SATTAR, *Khalid Aziz BABAR (Pakistan); Soli Jehangir SORABJEE (India); Janio Iván TUÑÓN VEILLES, *Carmina CASIS CRESPO (Panama); N.U.O. WADIBIA-ANYANWU, * Christy Ezim MBONU (Nigeria); Halima Embarek WARZAZI (Morocco); and Yozo YOKOTA and * Yoko HAYASHI (Japan).

Working Groups

Working Group on Minorities

Working Group on Contemporary Forms of Slavery

Working Group on Indigenous Populations

Working Group on Transnational Corporations

Working Group on Administration of Justice

Annual intersessional forum on economic, social and cultural rights (Social Forum)

Working Group with a mandate to elaborate detailed principles and guidelines concerning the promotion and protection of human rights when combating terrorism.

Sub-Commission Special Rapporteurs

Special Rapporteurs on discrimination based on Chin Sung Chung and
work and descent Yozo Yokota

Special Rapporteur on non-discrimination in article 2 Marc Bossuyt
of the International Convention on Economic, Social
and Cultural Rights

Special Rapporteur on difficulties to establish guilt with Lalaina Rakotoarisoa
Regard to crimes of sexual violence

Special Rapporteur on universal implementation Emmanuel Decaux
of international human rights treaties

Special Rapporteur on corruption and its impact Christy Mbonu
on the full enjoyment of human rights

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

Special Rapporteur on human rights and the human Antoanella-Iulia Motoc
genome

Special Rapporteur on the prevention of human rights Barbara Frey
violations committed with small arms and light weapons

Special Rapporteur on housing and property restitution Paulo Sergio Pinheiro
in the context of the return of refugees and internally
displaced persons

Special Rapporteur on discrimination in the criminal Leila Zerrougui
justice system

Preliminary report on non-discrimination as enshrined Marc Bossuyt
in article 2, paragraph 2, of International Covenant
on Economic, Social and Cultural Rights

Other Sub-Commission Members Asked to Prepare Studies

Working paper on right to an effective remedy in Mohamed Habib
criminal proceedings Cherif

Working paper on implementation in domestic law Françoise Hampson of right to an effective remedy in civil matters

Expanded working paper on women in prison Florizelle O'Connor

Updated version of draft principles governing the Emmanuel Decaux administration of justice through military tribunals

Working paper on human rights law and international Françoise Hampson and
humanitarian law Ibrahim Salama

Progress report on implementation of existing human Iulia-Antoanella Motoc,
rights norms and standards in the context of the fight Emmanuel Decaux, against extreme poverty Yozo Yokota, El-Hadji
Guissé and José Bengoa

Working paper on implementation of right to development Florizelle O'Connor
Working paper on the effects of debt on human rights El-Hadji Guissé

Expanded working paper on legal implications of Françoise Hampson
disappearance of States for environmental reasons,
with particular reference to the rights of indigenous peoples

Preliminary working paper on discrimination against Yozo Yokota
leprosy victims and their families

Working paper on impact of intolerance on enjoyment Soli Sorabjee
and exercise of human rights and measures
to counter intolerance

Working paper on content and outcome of the Françoise Hampson
Sub-Commission's work under agenda item 2
(question of the violation of human rights)

Working paper on human rights and non-State actors Gáspár Bíró and
Antoanella-Iulia Motoc

Working paper on the evaluation of the content Gudmundur Alfredsson
and delivery of technical cooperation in the field and Ibrahim Salama
of human rights

Working paper on the methods of work of the Sub-Commission Emmanuel Decaux relating to the choice of subject and the preparation of reports. notas_de_prensa_archivo