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Background Release HR/CN/571
1 August
1994
SUBCOMMISSION ON PREVENTION OF DISCRIMINATION AND
PROTECTION
OF MINORITIES MEETS IN GENEVA FROM 1 TO 26 AUGUST
GENEVA, 29 July (UN Information Service) -- Indigenous rights
and United Nations action in the face of humanitarian catastrophes
and growing ethnic strife will be among the issues raised at the
Subcommission on Prevention of Discrimination and Protection of
Minorities, which holds its forty-sixth session at Geneva from 1
to 26 August.
This session is of particular importance for indigenous
groups, as it takes place during the preparatory period for the
International Decade of the World's Indigenous People. The Decade
begins on 10 December. The Subcommission will have before it for
action a draft universal declaration on the rights of indigenous
people, prepared by a working group. Meeting in Geneva until 29
July, the Working Group on Indigenous Populations is also
considering the establishment of a permanent forum for indigenous
people in the United Nations system.
The role of the Subcommission in a changing world, as well as
that of the United Nations, in general, is examined in a number of
studies and reports to be considered at this session. Those
documents focus on such issues as the expansion of classical
peace-keeping and the massive "ethnic cleansing" and massacres,
extensive population transfers and humanitarian disasters
witnessed recently. The situation in Rwanda is expected to
feature prominently during the discussion surrounding those and
other issues.
At this session, the Subcommission will have before it
reports on human rights in East Timor, Iran and the Palestinian
and other Arab territories occupied by Israel. The Subcommission
may also take into account the texts it adopted last session,
along with those of the General Assembly and the Commission,
concerning Kosovo, Chad, South Africa, Guatemala, Bosnia and
Herzegovina, Haiti, Myanmar, Iraq, Peru, Cuba, the former
Yugoslavia, Somalia, Sudan, El Salvador, Afghanistan, Cambodia,
Estonia, Latvia, Togo, the Papua New Guinea island of
Bougainville, southern Lebanon, Burundi, Zaire, Angola and
Equatorial Guinea.
As at previous sessions, the Subcommission will consider
communications
-- from individuals, non-governmental organizations or other
sources --
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1994
appearing to reveal a consistent pattern of gross and reliably
attested human rights violations so as to determine whether to
refer them to the Commission for further action. The Working
Group on Communications, which considers the merits of the
allegations before transmitting them to the Subcommission, has
before it over 8,000 complaints. That Working Group was scheduled
to meet until 29 July.
In line with its tradition of examining new developments in
the human rights area, the Subcommission will also consider such
issues as human rights and the environment; compensation for
victims of gross human rights violations; discrimination against
people with AIDS; the situation of migrant workers, and the
implications of humanitarian activities for the enjoyment of human
rights. It will also begin discussing suggestions for the
elaboration of a more comprehensive programme for carrying out the
core of its mandate -- namely, the prevention of racial and other
forms of discrimination and the protection of minorities.
Among the long-standing items on the Subcommission's agenda
are the administration of justice and the human rights of
detainees; the independence and impartiality of the judiciary; the
new international economic order; the realization of economic,
social and cultural rights; human rights and scientific and
technological developments, and contemporary forms of slavery.
The Subcommission was formed in 1947 to undertake studies and
make recommendations to the Commission on Human Rights concerning
prevention of discrimination and protection of racial, religious
and linguistic minorities. Debate in the Subcommission is largely
based on the studies and reports prepared by its 26 members, who
are independent experts elected by the Commission. Judith Sefi
Attah, expert from Nigeria, is expected to be elected to chair the
session. Nobel Laureate and indigenous rights activist Rigoberta
Menchu is expected to address the Subcommission.
Agenda for Session
The agenda for this forty-sixth session of the Subcommission
session is,
allowing for some additions, largely similar to that of last year.
Following is a brief item-by-item description:
-- Review of Developments in Fields of Concern to
Subcommission. Under
this item, the Subcommission deals with recent developments in the
field of human rights. This year, it will consider the
traditional practices affecting the health of women and children.
The Subcommission's Special Rapporteur has been mandated to
prepare a plan of action for the elimination of such practices.
It will also discuss the question of the impunity of
perpetrators of human rights violations, with the aid of a
preliminary report prepared by two Special Rapporteurs. On human
rights and the environment, the Subcommission will have before it
the second progress report of its Special Rapporteur. It will
also consider compensation for victims of gross human rights
violations; discrimination against HIV- or AIDS-infected people;
the definition of gross
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1994
and large-scale violations of human rights as an international
crime; and the declaration of minimum humanitarian standards.
-- Elimination of Racial Discrimination. The Subcommission
will consider
a report of the Secretary-General containing a survey of efforts
made by different United Nations bodies to prevent and combat
racism, racial discrimination, xenophobia and related intolerance;
and the preliminary report of the Special Rapporteur on
contemporary forms of racism.
The Subcommission will continue to examine the transition to
democracy in South Africa. It will have before it the preliminary
report of the Special Rapporteur on the subject.
-- Violation of Human Rights, Particularly in Colonial, Other
Dependent
Countries. The Subcommission will study the human rights
situation in East Timor. It will also take up human rights in
Iran, including the situation of minority groups such as the
Baha'i and the situation of the Palestinian and other Arab
territories occupied by Israel.
-- New International Economic Order. The Subcommission will
discuss the
role and equal participation of women in development, taking into
account the most recent reports of the Committee on the
Elimination of Discrimination against Women and of the Commission
on the Status of Women.
-- Realization of Economic, Social, Cultural Rights. The
Subcommission
will have before it a preparatory document on the relationship
between the enjoyment of economic, social and cultural rights and
income distribution, at
both national and international levels. It will also examine the
issue of human rights and population transfer on the basis of a
progress report prepared by the Special Rapporteur on the subject.
It will discuss, too, the right to adequate housing; human rights
and extreme poverty; and forced evictions.
-- Administration of Justice and Human Rights of Detainees.
The
Subcommission will consider the report of its Working Group on
detention, which meets annually before the main session to
formulate specific proposals regarding human rights in the
administration of justice.
Another issue dealt with under this item in the question of
human rights under states of emergency. In 1977, the
Subcommission expressed concern at the manner in which certain
countries applied the provisions relating to states of siege or
emergency; and will have before it the seventh annual report of
countries having declared or terminated a state of emergency. It
will also consider the individualization of prosecution and
penalties; the repercussions of violations of human rights on
families; the right to a fair trial; the application of
international standards concerning the human rights of detained
juveniles; and the privatization of prisons.
-- Independence and Impartiality of Judiciary. Following its
consideration of a report from its Special Rapporteur on this
question, the Subcommission recommended to the Commission that it
create a mechanism to
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follow up the question of the independence and impartiality of the
judiciary, particularly with regard to judges and lawyers, as well
as court officials, and the nature of potential threats to that
independence. The Commission endorsed this recommendation and
appointed a Special Rapporteur on the subject.
-- Discrimination against Indigenous Peoples. The draft
universal
declaration on indigenous rights formulated by the Working Group
on the subject -- the Group has met annually since 1982 to review
developments in the promotion of the human rights and fundamental
freedoms of indigenous peoples
-- will be taken up by the Subcommission at this session. There
will also be before the Subcommission a technical review of the
text conducted by the Centre for Human Rights.
In addition, the Subcommission will consider ownership and
control of the cultural property of indigenous peoples; the
significance of treaties concluded between indigenous peoples and
States; suggestions relating to the proposed International Day of
Indigenous People and possible programmes for the International
Decade of the World's Indigenous People; the establishment of a
permanent forum for indigenous people in the United Nations
system; the Voluntary Fund for Indigenous Populations; and the
activities of transnational corporations in the lands of
indigenous peoples.
-- Contemporary Forms of Slavery. The Subcommission will
consider the
report of its Working Group on Contemporary Forms of Slavery on
its nineteenth session, held at Geneva from 25 April to 4 May.
The Working Group was established in 1974 to review developments
in the field of slavery and the slave trade in all its
manifestations.
Also to be examined is progress in the implementation of the
Programme of Action for the prevention of the sale of children,
child prostitution and child pornography; the exploitation of
child labour and debt bondage; slavery and slave-like practices
during wartime; the prevention of traffic in persons and
exploitation of the prostitution of others; and the work of the
United Nations Voluntary Trust Fund on Contemporary Forms of
Slavery.
-- Protection of Human Rights at National, Regional
International Levels.
Under this item, the Subcommission studies the prevention of
discrimination against children and women, as well as the question
of human rights and disability.
-- Protection of Minorities. A working paper containing
suggestions for
a more comprehensive programme for the prevention of
discrimination and protection of minorities will be before the
Subcommission.
-- Freedom of Movement. In studying this question, the
Subcommission
will refer to a revised version of a draft declaration on the
right of everyone to leave any country, including his own, and to
return to his country. The situation of migrant workers and
members of their families, appearing for the first time on the
Subcommission's agenda, will also be studied.
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1994
-- Implications of Humanitarian Activities for Enjoyment of
Human Rights.
Under this item, also new on the agenda, the Subcommission will
consider a report on the question of the role of the United
Nations in international humanitarian activities and assistance in
human rights enforcement, bearing in mind the principle of
non-interference in domestic affairs of States.
-- Other Items -- This year, the Subcommission will also
consider the
questions of the encouragement of universal acceptance of human
rights instruments, and international peace and security as an
essential condition for the enjoyment of human rights.
Membership of Subcommission
The members and alternates (*) of the Subcommission are:
Miguel Alfonso
Martinez, *Marianela Ferriol Echevarria of Cuba; Judith Sefi
Attah, *Christy Ezim Mbonu of Nigeria; Marc Bossuyt, *Guy Genot of
Belgium; Volodymir Boutkevitch, *Olexandre Kouptchichine of
Ukraine; Linda Chavez of the United States; Stanislav
Valentinovich Chernichenko, *Teimuraz O. Ramishvili of the Russian
Federation; Erica-Irene A. Daes, *Kalliopi Koufa of Greece;
Asbjorn Eide, *Jan Helgesen of Norway; Osman El-Hajje of Lebanon;
Clemencia Forero Ucros, *Jorge Orlando Melo of Colombia; El Hadji
Guisse, *Ndary Toure of Senegal; Lucy Gwanmesia, *Pierre Sob of
Cameroon; Muksum-Ul-Hakim, *Toffazzal Hossain Khan of Bangladesh.
Other members and alternates are: Ribot Hatano, *Yozo Yokota
of Japan; Miguel Limon Rojas, *Hector Fix Zamudio of Mexico; Louis
Joinet, *Emmanuel Decaux of France; Ahmed Khalifa, *Ahmed Khalil
of Egypt; Jose Augusto Lindgren Alves, *Marilia S. Zelner
Goncalves of Brazil; Ioan Maxim, *Petru Pavel Gavrilescu of
Romania; Claire Palley, *John Merrills of the United Kingdom; Said
Naceur Ramadhane, *Abdelfettah Amor of Tunisia; Mohamed Sardar Ali
Khan of India; Fan Guoxiang, *Zhong Shukong of China; Halima
Embarek Warzazi, *Mohamed Benkaddour of Morocco; Fisseha Yimer of
Ethiopia.
* *** *