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E/CN.4/2001/2

Report of the Sub-Commission on the Promotion and Protection of Human Rights on its 52nd session, Geneva, 31 July-18 August 2000

UN Document Symbol E/CN.4/2001/2
Alternate ID E/CN.4/Sub.2/2000/46
Convention International Convention on the Protection of All Persons from Enforced Disappearance
Document Type Annual/Sessional Report
Session 52nd
Type Document
Description

168 p., tables

Subjects Racial Discrimination, Migrant Workers, Xenophobia, Economic Social and Cultural Rights, Women's Rights, Slavery, Indigenous Peoples, Minorities, Freedom of Movement, Rights of The Child

Extracted Text

UNITED NATIONS E Economic and Social Council Distr. GENERAL E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 23 November 2000 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Sub-Commission on the Promotion and Protection of Human Rights REPORT OF THE SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS ON ITS FIFTY-SECOND SESSION Geneva, 31 July-18 August 2000 Rapporteur: Mr. Rajendra Kalidas Wimala Goonesekere GE.00-15933 (E) E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 2 CONTENTS Chapter Page I. DRAFT DECISIONS RECOMMENDED TO THE COMMISSION ON HUMAN RIGHTS FOR ADOPTION ..................................................... 11 1. Creation of a pre-sessional working group on the administration of justice ................................................................................................ 11 2. The Social Forum ..................................................................................... 11 3. Promotion of the realization of the right to drinking water and sanitation ............................................................................................ 11 4. Traditional practices affecting the health of women and the girl child ............................................................................................. 12 5. Systematic rape, sexual slavery and slavery-like practices ...................... 12 6. Working Group on Indigenous Populations ............................................. 13 7. Working Group on Indigenous Populations ............................................. 13 8. International Decade of the World’s Indigenous People ......................... 13 9. The death penalty in relation to juvenile offenders .................................. 14 10. Report of the Working Group on Contemporary Forms of Slavery ................................................................................................ 14 11. Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights ...................................................................................... 15 12. Reservations to human rights treaties ....................................................... 15 13. The human rights problems and protections of the Roma ....................... 16 14. Human rights and human responsibilities ................................................ 16 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 3 CONTENTS (continued) Chapter Page II. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FIFTY-SECOND SESSION .......................... 17 A. Resolutions 2000/1. Human rights and humanitarian consequences of sanctions, including embargoes ............................................. 17 2000/2. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers .............................................................. 18 2000/3. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance ..................................... 19 2000/4. Discrimination based on work and descent ........................... 25 2000/5. Creation of a pre-sessional working group on the administration of justice ........................................................ 26 2000/6. The Social Forum .................................................................. 26 2000/7. Intellectual property rights and human rights ........................ 27 2000/8. Promotion of the realization of the right to drinking water and sanitation ................................................ 30 2000/9. Optional protocol to the International Covenant on Economic, Social and Cultural Rights ............................. 33 2000/10. Traditional practices affecting the health of women and the girl child .................................................................... 34 2000/11. Situation of women and girls in territories controlled by Afghan armed groups ....................................................... 36 2000/12. United Nations Voluntary Trust Fund on Contemporary Forms of Slavery ........................................... 38 2000/13. Systematic rape, sexual slavery and slavery-like practices ................................................................................. 39 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 4 CONTENTS (continued) Chapter Page II. A. Resolutions (continued) 2000/14. Working Group on Indigenous Populations .......................... 41 2000/15. International Decade of the World’s Indigenous People .................................................................................... 44 2000/16. The rights of minorities ......................................................... 47 2000/17. The death penalty in relation to juvenile offenders ............... 49 2000/18. Question of enforced disappearances .................................... 51 2000/19. Report of the Working Group on Contemporary Forms of Slavery ................................................................... 52 2000/20. The right to seek and enjoy asylum ....................................... 63 2000/21. Detention of asylum-seekers ................................................. 66 2000/22. Promotion of dialogue on human rights issues ..................... 67 2000/23. Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights ........................... 68 2000/24. Role of universal or extraterritorial competence in preventive action against impunity ................................... 70 2000/25. Adverse consequences of economic sanctions ...................... 71 2000/26. Reservations to human rights treaties .................................... 73 2000/27. Continuing obligations under international human rights instruments .................................................................. 74 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 5 CONTENTS (continued) Chapter Page II. B. Decisions 2000/101. Establishment of a sessional working group on the working methods and activities of transnational corporations under agenda item 4 (c) .................................... 76 2000/102. Establishment of a sessional working group on the administration of justice under agenda item 9 ....................... 76 2000/103. The rights of non-citizens ...................................................... 76 2000/104. The concept and practice of affirmative action ..................... 77 2000/105. Implementation of Commission on Human Rights decision 2000/109 .................................................................. 77 2000/106. Report of the Chairperson of the Sub-Commission to the Commission on Human Rights .................................... 77 2000/107. Draft principles and guidelines for the protection of the heritage of indigenous peoples .................................... 78 2000/108. Update to the final working paper on indigenous peoples and their relationship to land .................................... 78 2000/109. The human rights problems and protections of the Roma ..... 79 2000/110. New sub-item of the agenda on smuggling and trafficking of persons and the protection of their human rights .......................................................................... 79 2000/111. Human rights and human responsibilities ............................. 79 2000/112. Humanitarian situation of the Iraqi population ..................... 80 2000/113. Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000/L.28 ....................................................... 81 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 6 CONTENTS (continued) Chapter Paragraphs Page II. B. Decisions (continued) 2000/114. Mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery ................................................. 81 2000/115. Terrorism and human rights .................................................. 81 2000/116. Promotion and consolidation of democracy .......................... 82 2000/117. Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000/L.40 ....................................................... 82 2000/118. Adjournment of the debate on the draft decision entitled “The adverse effects on human rights of the proliferation and transfer of small arms and light weapons” ....................................................................... 82 2000/119. Composition of working groups of the Sub-Commission for 2001 ..................................................... 83 2000/120. Items proposed by the Bureau for the provisional agenda of the fifty-third session of the Sub-Commission ................................................................... 83 III. ORGANIZATION OF WORK .................................................... 1 - 44 85 (a) Election of officers (b) Adoption of the agenda (c) Methods of work of the Sub-Commission E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 7 CONTENTS (continued) Chapter Paragraphs Page IV. 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: REPORT OF THE SUB-COMMISSION UNDER COMMISSION ON HUMAN RIGHTS RESOLUTION 8 (XXIII) ............................. 45 - 55 90 V. COMPREHENSIVE EXAMINATION OF THEMATIC ISSUES RELATING TO THE ELIMINATION OF RACIAL DISCRIMINATION ..................................................... 56 - 80 91 (a) Situation of migrant workers and members of their families (b) Xenophobia (c) World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance VI. THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS ................................................................. 81 - 99 94 (a) The international economic order and the promotion of human rights (b) The realization of the right to development (c) The question of transnational corporations (d) The realization of the right to education, including education in human rights VII. THE IMPLEMENTATION OF HUMAN RIGHTS WITH REGARD TO WOMEN ............................................................... 100 - 113 97 (a) Traditional practices affecting the health of women and the girl child (b) The role and equal participation of women in development E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 8 CONTENTS (continued) Chapter Paragraphs Page VIII. CONTEMPORARY FORMS OF SLAVERY ............................. 114 - 125 99 IX. HUMAN RIGHTS OF INDIGENOUS PEOPLES ...................... 126 - 144 101 (a) Indigenous peoples and their relationship to land X. PREVENTION OF DISCRIMINATION AGAINST AND THE PROTECTION OF MINORITIES ...................................... 145 - 155 103 XI. THE ADMINISTRATION OF JUSTICE AND HUMAN RIGHTS ....................................................................... 156 - 174 105 (a) Question of human rights and states of emergency (b) Application of international standards concerning the human rights of detained juveniles (c) Gross and massive violations of human rights as an international crime (d) Juvenile justice (e) Privatization of prisons (f) Individualization of prosecution and penalties, and repercussions of violations of human rights on families XII. FREEDOM OF MOVEMENT ..................................................... 175 - 198 108 (a) The right to leave any country, including one’s own, and to return to one’s own country, and the right to seek asylum from persecution (b) Human rights and population displacements XIII. SITUATION REGARDING THE PROMOTION, FULL REALIZATION AND PROTECTION OF THE RIGHTS OF CHILDREN AND YOUTH ......................................................... 199 - 201 111 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 9 CONTENTS (continued) Chapter Paragraphs Page XIV. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN OR MAY BE CONCERNED ....................................................... 202 - 249 112 (a) Review of developments concerning recommendations and decisions relating, inter alia to: (i) Promotion, protection and restoration of human rights at national, regional and international levels; (ii) Elimination of all forms of intolerance and of discrimination based on religion or belief; (iii) Encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions; (b) Review of issues not previously the subject of studies but which the Sub-Commission had decided to examine: (i) Implications of humanitarian activities for the enjoyment of human rights; (ii) Terrorism and human rights; (iii) International peace and security as an essential condition for the enjoyment of human rights, above all the right to life (c) Human rights and disability (d) Human rights and scientific and technological developments (e) Other new developments: (i) Adverse consequences of the transfer of arms and illicit trafficking in arms on the enjoyment of human rights; (ii) Arbitrary deprivation of nationality XV. CONCLUDING ITEMS ............................................................... 250 - 260 119 (a) Consideration of the future work of the Sub-Commission (b) Draft provisional agenda for the fifty-third session of the Sub-Commission (c) Adoption of the report on the fifty-second session E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 10 CONTENTS (continued) Annexes Page I. Agenda ................................................................................................ 123 II. List of speakers: General debate .................................................................... 126 III. List of attendance ............................................................................................ 135 IV. Administrative and programme budget implications of resolutions and decisions adopted by the Sub-Commission at its fifty-second session ......................................................................................... 142 V. Sub-Commission resolutions and decisions referring to matters which are drawn to the attention of the Commission on Human Rights ......... 143 VI. List of studies and reports: A. Studies and reports completed at the fifty-second session of the Sub-Commission ............................................................................ 145 B. Ongoing studies and reports entrusted to special rapporteurs in accordance with existing legislative authority ..................................... 146 C. Working papers and other documents without financial implications entrusted to members of the Sub-Commission in accordance with existing legislative authority ..................................... 147 D. Studies and reports recommended to the Commission on Human Rights for approval ...................................................................... 148 VII. List of documents for the fifty-second session of the Sub-Commission ......... 149 VIII. Resolutions and decisions adopted by the Sub-Commission at its fifty-second session .................................................................................... 162 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 11 I. DRAFT DECISIONS RECOMMENDED TO THE COMMISSION ON HUMAN RIGHTS FOR ADOPTION 1. Creation of a pre-sessional working group on the administration of justice The Commission on Human Rights, taking note of resolution 2000/5 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the decision contained in that resolution and recommends the following draft decision to the Economic and Social Council for adoption: “The Economic and Social Council decides to authorize the Sub-Commission on the Promotion and Protection of Human Rights to convene a working group on the administration of justice for two days prior to the Sub-Commission’s session. The Council requests the Office of the High Commissioner for Human Rights to provide the working group with all the necessary assistance.” [See chap. II, sect. A, resolution 2000/5, and chap. III.] 2. The Social Forum The Commission on Human Rights, taking note of resolution 2000/6 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to endorse the decision of the Sub-Commission to hold in Geneva a pre-sessional or inter-sessional forum on economic, social and cultural rights, to be known as the Social Forum, for three days, with the participation of ten members of the Sub-Commission, taking into consideration equitable geographical representation and expertise in the field. [See chap. II, sect. A, resolution 2000/6, and chap. VI.] 3. Promotion of the realization of the right to drinking water and sanitation The Commission on Human Rights, taking note of resolution 2000/8 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the decision contained in that resolution and recommends the following decision to the Economic and Social Council for adoption: “The Economic and Social Council endorses the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Mr. El Hadji Guissé as Special Rapporteur to conduct a detailed study on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation, at both the national and international levels, taking E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 12 also into account questions related to the realization of the right to development, in order to determine the most effective means of reinforcing activities in this field, and defining as accurately and fully as possible the content of the right to drinking water in relation to other human rights, and also endorses the decision to request the Special Rapporteur to submit to the Sub-Commission a preliminary report at its fifty-third session, a progress report at its fifty-fourth session and a final report at its fifty-fifth session. The Council requests the Secretary-General to provide the Special Rapporteur with any assistance necessary to enable him to fulfil his mandate, including providing him with the assistance of a consultant specialized in this field.” [See chap. II, sect. A, resolution 2000/8, and chap. VI.] 4. Traditional practices affecting the health of women and the girl child The Commission on Human Rights, taking note of resolution 2000/10 of 17 August 2000, of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the decision contained in that resolution and recommends to the Economic and Social Council the following decision for adoption: “The Economic and Social Council endorses the decision of the Sub-Commission on the Promotion and Protection of Human Rights to extend the mandate of the Special Rapporteur on traditional practices affecting the health of women and the girl child, Ms. Halima Embarek Warzazi, for two more years and to request the Special Rapporteur to submit updated reports to the Sub-Commission at its fifty-third and fifty-fourth sessions.” [See chap. II, sect. A, resolution 2000/10, and chap. VII.] 5. Systematic rape, sexual slavery and slavery-like practices The Commission on Human Rights, taking note of resolution 2000/13 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the request contained in that resolution and recommends to the Economic and Social Council the following decision for adoption: “The Economic and Social Council decides to request the Secretary-General to publish, in all official languages, the report and updated report of the Special Rapporteur of the Sub-Commission for the Promotion and Protection of Human Rights on systematic rape, sexual slavery and slavery-like practices during armed conflicts, including internal armed conflict (E/CN.4/Sub.2/1998/13 and E/CN.4/Sub.2/2000/21), and to transmit them to Governments, competent bodies of the United Nations, specialized agencies, regional E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 13 intergovernmental organizations, the established international tribunals and to the Assembly of States Parties of the International Criminal Court, in order to ensure that it receives wide distribution.” [See chap. II, sect. A, resolution 2000/13, and chap. VIII.] 6. Working Group on Indigenous Populations The Commission on Human Rights, taking note of resolution 2000/14 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, endorses the Sub-Commission’s request that the Economic and Social Council authorize the Working Group on Indigenous Populations to meet for five working days prior to the fifty-third session of the Sub-Commission in 2001. [See chap. II, sect. A, resolution 2000/14, and chap. IX.] 7. Working Group on Indigenous Populations The Commission on Human Rights, taking note of resolution 2000/14 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights and of paragraph 216 of the report of the Working Group on Indigenous Populations on its eighteenth session (E/CN.4/Sub.2/2000/24), decides to recommend that the Economic and Social Council authorize the former Chairperson-Rapporteur of the Working Group, Ms. Erica-Irene Daes, to continue to participate in all meetings in preparation for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and in the World Conference itself, and to authorize the Chairperson-Rapporteur of the eighteenth session of the Working Group, Mr. Miguel Alfonso Martínez, to participate in the World Conference and in the preparatory meeting for the Latin American region, to be held in Santiago in December 2000. [See chap. II, sect. A, resolution 2000/14, and chap. IX.] 8. International Decade of the World’s Indigenous People The Commission on Human Rights, taking note of resolution 2000/15 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, endorses the Sub-Commission’s request that the Economic and Social Council authorize the convening during the year 2003 of an international conference with a view to evaluating the International E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 14 Decade of the World’s Indigenous People and considering future national and international policies and programmes which may contribute to effective action by States in order to promote better relations between the indigenous and non-indigenous segments of their population. [See chap. II, sect. A, resolution 2000/15, and chap. IX.] 9. The death penalty in relation to juvenile offenders The Commission on Human Rights, recalling its resolutions 1998/8 of 3 April 1998, 1999/61 of 28 April 1999 and 2000/65 of 27 April 2000, recalling also resolution 1999/4 of 24 August 1999 of the Sub-Commission on the Promotion and Protection of Human Rights, and taking note of Sub-Commission resolution 2000/17 of 17 August 2000, confirms that international law concerning the imposition of the death penalty in relation to juveniles clearly establishes that the imposition of the death penalty on persons aged under 18 years at the time of the offence is in contravention of customary international law. [See chap. II, sect. A, resolution 2000/17, and chap. XI.] 10. Report of the Working Group on Contemporary Forms of Slavery The Commission on Human Rights, taking note of resolution 2000/19 of 18 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the decision contained in that resolution and recommends the following draft decision to the Economic and Social Council for adoption: “The Economic and Social Council, noting that the Report on Slavery prepared by its Special Rapporteur in 1966 was most recently updated in 1984, that is, more than 15 years ago, decides that the updated report submitted to the Sub-Commission on the Promotion and Protection of Human Rights as documents E/CN.4/Sub.2/2000/3 and Add.1 should be compiled, without financial implications, into a single report, printed in all official languages and given the widest possible distribution.” [See chap. II, sect. A, resolution 2000/19, and chap. VIII.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 15 11. Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights The Commission on Human Rights, taking note of resolution 2000/23 of 18 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the requests contained in that resolution and recommends the following draft decision to the Economic and Social Council for adoption: “The Economic and Social Council decides to endorse the decision of the Sub-Commission on the Promotion and Protection of Human Rights to request the High Commissioner for Human Rights to convene, with the participation of the members of the Sub-Commission, immediately before the fifty-third session of the Commission or as soon as possible, a seminar of States that are not parties to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights on obstacles to the ratification of the Covenants and ways of surmounting them. The Council also approves the request to the Office of the High Commissioner, with a view to preparing for and holding this seminar, to seek the views of the States concerned and interested non-governmental organizations and to gather all relevant available information.” [See chap. II, sect. A, resolution 2000/23, and chap. XIV.] 12. Reservations to human rights treaties The Commission on Human Rights, taking note of resolution 2000/26 of 18 August 2000, of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve the decision contained in that resolution and recommends the following draft decision to the Economic and Social Council for adoption: “The Economic and Social Council decides to approve the decision of the Sub-Commission on the Promotion and Protection of Human Rights to appoint Ms. Françoise Hampson as Special Rapporteur with the task of preparing a comprehensive study on reservations to human rights treaties based on her working paper, as well as the comments made and discussions that took place at the fifty-first and fifty-second sessions of the Sub-Commission. Such study will not duplicate the work of the International Law Commission, which concerns the legal regime applicable to reservations and interpretative declarations in general, whereas the proposed study involves the examination of the actual reservations and interpretative declarations made to human rights treaties in the light of the legal regime applicable to reservations and interpretative declarations, as set out in the working paper (E/CN.4/Sub.2/1999/28 and Corr.1). The Special Rapporteur is requested to submit a preliminary report to the Sub-Commission at its fifty-third session, a progress report at its fifty-fourth session, and a final report at its fifty-fifth session. The Council also decides, so as to facilitate a E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 16 dialogue, to authorize a meeting of the Special Rapporteur of the International Law Commission, the Chairpersons of the relevant treaty bodies or their nominees and the Special Rapporteur of the Sub-Commission, during the period when both the International Law Commission and the Sub-Commission are in session.” [See chap. II, sect. A, resolution 2000/26, and chap. XIV.] 13. The human rights problems and protections of the Roma The Commission on Human Rights, taking note of decision 2000/109 of 17 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, decides to approve that decision and recommends to the Economic and Social Council the following decision for adoption: “The Economic and Social Council decides to authorize the Sub-Commission on the Promotion and Protection of Human Rights to appoint Mr. Y.K.J. Yeung Sik Yuen as Special Rapporteur with the task of preparing a comprehensive study on the human rights problems and protections of the Roma based on his working paper (E/CN.4/Sub.2/2000/28), as well as on the comments made and the discussions that took place at the fifty-second session of the Sub-Commission and at the fifty-seventh session of the Commission on Human Rights, and of submitting a preliminary report to the Sub-Commission at its fifty-fourth session, a progress report at its fifty-fifth session, and a final report at its fifty-sixth session. The Council requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable him to accomplish this task.” [See chap. II, sect. B, decision 2000/109, and chap. X.] 14. Human rights and human responsibilities The Commission on Human Rights, recalling paragraph 2 of its resolution 2000/63 of 26 April 2000 and taking note of decision 2000/111 of 18 August 2000 of the Sub-Commission on the Promotion and Protection of Human Rights, recommends to the Economic and Social Council the following decision for adoption: “The Economic and Social Council decides to authorize the Sub-Commission on the Promotion and Protection of Human Rights to appoint Mr. Miguel Alfonso Martínez to undertake a study on the issue of human rights and human responsibilities and to submit a preliminary report to the Commission at its fifty-eighth session and a final report at its fifty-ninth session.” [See chap. II, sect. B, decision 2000/111, and chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 17 II. RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FIFTY-SECOND SESSION A. Resolutions 2000/1. Human rights and humanitarian consequences of sanctions, including embargoes The Sub-Commission on the Promotion and Protection of Human Rights, Recalling the principles and the purposes of the Charter of the United Nations, the International Bill of Human Rights and other relevant international and regional human rights instruments, Affirming the humanitarian principles contained in the Geneva Conventions of 1949 and to the two Additional Protocols thereto, Recalling the principles established in the Declaration on Minimum Humanitarian Standards (E/CN.4/Sub.2/1991/55, annex), Noting General Comment 8 of the Committee on Economic, Social and Cultural Rights on the relationship between economic sanctions and respect for economic, social and cultural rights (E/C.12/1997/8), and considering that when a State is the target of sanctions, the international community must protect at least the core content of the economic, social and cultural rights of the affected people of that State, Deeply concerned at reports from human rights and humanitarian organizations, including the World Health Organization, the United Nations Children’s Fund, the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, which refer to deteriorating humanitarian conditions in countries which have been affected by heavy sanctions, including embargoes, particularly as evidenced in increasing rates of child malnutrition and mortality and deteriorating health indicators, Gravely disturbed at reports and reliable information from non-governmental organizations and other reliable sources concerning the serious consequences of embargoes for the population, in particular for vulnerable groups, including children, elderly people, women, persons belonging to minorities and indigenous peoples, and deploring the fact that embargoes all too often stimulate the black market and corruption, 1. Appeals to the Commission on Human Rights to recommend: (a) To all competent organs, bodies and agencies of the United Nations system that they observe and implement all relevant provisions of human rights and international humanitarian law; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 18 (b) To the Security Council that, as a first step, it alleviate sanctions regimes so as to eliminate their impact on the civilian population by permitting the import of civilian goods, in particular to ensure access to food and medical and pharmaceutical supplies and other products vital to the health of the population in all cases; 2. Encourages the international community to take appropriate and immediate measures to alleviate the suffering of people who are adversely affected by sanctions imposed upon their countries, in particular by facilitating the delivery of food and medical and pharmaceutical supplies and other products vital to the health of the population and providing educational material in order to reduce the isolation of health-care professionals and educators; 3. Urges Governments targeted by sanctions, as well as those Governments responsible for the implementation of those sanctions to respect their human rights and international peace and security obligations and to facilitate, by all available means, the alleviation of humanitarian crises in the countries concerned. 17th meeting 11 August 2000 [Adopted without a vote. See chap. IV.] 2000/2. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers The Sub-Commission on the Promotion and Protection of Human Rights, Considering that according to the Universal Declaration of Human Rights all human beings are entitled to all the rights and freedoms set forth in that Declaration without distinction of any kind, such as race, colour or national origin, Deeply concerned at the increase in acts of racism and violence against migrant workers in different regions of the world, Aware that such racism and violence arise partly from a resurgence of national and neo-Nazi extremism, Noting with concern that international migrations are involving more and more women and that women suffer doubly from manifestations of racism and from various forms of exploitation that flagrantly violate their most basic rights, Considering that the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance should pay special attention to the serious problems affecting all migrant workers and members of their families, 1. Requests the Preparatory Committee for the World Conference to include a separate item on migrant workers in the agenda of the World Conference; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 19 2. Considers that the World Conference should: (a) Stress the need for States, especially the States of destination, to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; (b) Draw the attention of States parties to the urgent need to implement the standards established by the United Nations and the International Labour Organization by strengthening their anti-discriminatory legislation or by enacting laws condemning discrimination, xenophobia and intolerance in all their forms; 3. Requests the World Conference to recommend to the General Assembly that it proclaim 18 December of each year an international day of solidarity with migrant workers and members of their families; 4. Also requests the World Conference to study and propose ways and means of putting an end to the racist campaigns encouraging violence against migrant workers through the Internet, sections of the media and political activities. 17th meeting 11 August 2000 [Adopted without a vote. See chap. V.] 2000/3. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance The Sub-Commission on the Promotion and Protection of Human Rights, Bearing in mind the principles, standards and norms embodied in international instruments relating to the promotion and protection of human rights, including in particular the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, Reaffirming the objectives set forth in the Charter of the United Nations on achieving international cooperation in solving problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without discrimination or distinction as to race, sex, language or religion, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 20 Reaffirming also its conviction that racism, racial discrimination, xenophobia and related intolerance fundamentally undermine the purposes and principles of the Charter of the United Nations and the Universal Declaration of Human Rights and the firm determination and commitment of the United Nations to eradicate, totally and unconditionally, racial discrimination, Noting that in its resolution 52/111 of 12 December 1997, in which it decided to convene the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the General Assembly set as one of the main objectives of the Conference the review of the political, historical, social, cultural and other factors leading to racism, racial discrimination, xenophobia and related intolerance, Concerned at the phenomenon of globalization, accompanied by a concentration of wealth, on the one hand, and marginalization and exclusion, on the other, and its effects on the right to development and on living standards, and on the increase in the phenomena of racism, racial discrimination, xenophobia and related intolerance, Sharing the grave concern of the Commission on Human Rights, expressed in resolution 1998/26 of 17 April 1998, that despite the efforts undertaken by the international community at various levels, racism, racial discrimination, xenophobia and related forms of intolerance, ethnic antagonism and racist acts of violence are on the increase, Aware that the World Conference should carefully consider the complicated interplay of discrimination based on race and discrimination based on gender and other grounds, as well as economic marginalization, social exclusion and contemporary forms of slavery, Noting that the preparatory process for the World Conference will include the second session of the Preparatory Committee, to be held from 21 May to 1 June 2001, Encouraging all measures necessary, including facilitation of speedy accreditation, for the effective participation of non-governmental organizations from all parts of the world and diverse and representative sections of civil society in the preparatory process for the World Conference, Recognizing the positive contribution of regional organizations in past world conferences, Noting that in resolution 1998/26 the Commission invited the Sub-Commission to carry out studies without delay, within the framework of the objectives laid down in General Assembly resolution 52/111, and to transmit its recommendations to the Commission and, through the Commission, to the Preparatory Committee, Taking note of the report of the first session of the Preparatory Committee (A/CONF.189/PC.1/21) and in particular of decision PC.1/7, in which the Preparatory Committee requested United Nations bodies and mechanisms to prepare reports, studies and documents and to submit them to the Preparatory Committee and the World Conference, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 21 Welcoming the work of its members thus far in preparation for the World Conference, including: (a) The preliminary report on the concept and practice of affirmative action (E/CN.4/Sub.2/2000/11 and Corr.1) and the working paper on the same topic (E/CN.4/Sub.2/1998/5) submitted by Mr. Marc Bossuyt; (b) The working paper on the rights of non-citizens submitted by Mr. David Weissbrodt (E/CN.4/Sub.2/1999/7 and Add.1); (c) The working paper on globalization in the context of increased incidents of racism, racial discrimination and xenophobia submitted by Mr. J. Oloka-Onyango (E/CN.4/Sub.2/1999/8); (d) The preliminary report on the subject of globalization and its impact on the full enjoyment of human rights submitted by Mr. J. Oloka-Onyango and Ms. Deepika Udagama (E/CN.4/Sub.2/2000/13); (e) The working paper on proposals for the work of the World Conference submitted by Mr. Paulo Sérgio Pinheiro (A/CONF.189/PC.1/13/Add.1); (f) The working paper on proposals for the work of the World Conference relating to discrimination against indigenous peoples submitted by Ms. Erica-Irene Daes on 1 May 2000; (g) The working paper on the human rights problems and protections of the Roma submitted by Mr. Yeung Kam Yeung Sik Yuen (E/CN.4/Sub.2/2000/28); 1. Declares that all forms of racism and racial discrimination, whether in their institutionalized form or resulting from doctrines and practices of racial superiority or exclusivity, whether committed against citizens or non-citizens present in the territory of a State, are among the most serious violations of human rights in the contemporary world and must be combated; 2. Commends all States that have ratified or acceded to the international instruments which, inter alia, combat racism, racial discrimination, discrimination against migrants and slavery, and invites all States that have not yet done so to ratify or accede to them as soon as possible, as well as to accept provisions for individual communications; 3. Encourages educational institutions, non-governmental organizations and the mass media to promote ideas of tolerance and understanding among peoples and between different cultures; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 22 4. Regrets the continued lack of interest, support and financial resources for the Third Decade to Combat Racism and Racial Discrimination and the Programme of Action for the Third Decade and calls upon all Governments, United Nations bodies, specialized agencies and interested non-governmental organizations to contribute fully to the implementation of the Programme of Action; 5. Requests the Sub-Commission experts who have prepared relevant studies, updated reviews and working papers, such as those identified above, to update and augment their respective work, to the extent possible, so that the working papers, preliminary studies, etc. can be used in the preparatory process, at the World Conference itself and in its follow-up; 6. Welcomes the positive contributions of regional organizations at past world conferences, as well as the endorsement of the World Conference by the Organization of American States and the preparatory meeting and activities regarding the World Conference undertaken by the Council of Europe; 7. Also welcomes the expert seminars held and to be held in preparation of the World Conference; 8. Further welcomes the invitations and arrangements for regional preparatory conferences in the Islamic Republic of Iran for Asia, Senegal for Africa, France for the Council of Europe and Chile for Latin America and the Caribbean and calls for the full participation at those meetings of non-governmental organizations, regardless of their status with the Economic and Social Council; 9. Calls upon the United Nations High Commissioner for Human Rights to take the necessary steps to assist, upon request, the advancement of the regional preparatory processes; 10. Encourages national preparatory meetings regarding the World Conference; 11. Expresses its sincere gratitude to the Government of South Africa for offering to host the World Conference, to be held from 31 August to 7 September 2001; 12. Recommends to the Preparatory Committee that the World Conference devote considerable attention to the overall themes of equality and diversity in an effort to combat racism, racial discrimination, xenophobia and related intolerance; 13. Also recommends that the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Special Rapporteur on the human rights of migrants play an integral role in all processes regarding the World Conference; 14. Requests the Secretary-General to again provide for the participation of Mr. Paulo Sérgio Pinheiro in the Preparatory Committee and at the World Conference as the representative of the Sub-Commission; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 23 15. Notes the recommendations contained in the report of the Consultation on the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance held in Bellagio, Italy, from 24 to 28 January 2000 (A/CONF.189/PC.1/10); 16. Encourages the active and effective participation in the World Conference of all organs of society from all parts of the world, including non-governmental organizations representing victims of racism, racial discrimination, xenophobia and related intolerance, including those representing indigenous peoples; 17. Suggests that the World Conference focus, inter alia, on situations of racism, racial discrimination, xenophobia, related intolerance and ethnic conflict and other patterns of discrimination, such as contemporary forms of slavery, that are based on race, colour, social class, minority status, descent, national or ethnic origin or gender, including topics such as: (a) The link between contemporary forms of slavery and racial and other discrimination based on descent; (b) The current realities in the aftermath of slavery and colonialism, including the legal implications of the slave trade and the conditions of persons of African descent in the Americas; (c) The impact of economic globalization on the question of racial equality, including globalization in the context of the increase in incidents of racism, and the economic basis of racism; (d) The need to mainstream activities and programmes to combat racism, racial discrimination, xenophobia and related forms of intolerance in development programmes and for donors to provide additional resources for these activities; (e) The treatment of minorities, migrants, victims of trafficking, refugees, asylum-seekers, other non-citizens and displaced persons, as well as the related phenomenon of xenophobia; (f) The prevention of racial discrimination, including early warning and urgent procedures and sanctions as well as the accountability of non-State actors; (g) The prevention of racial discrimination through labour regulation, development of migration regulation, education and other information; (h) Remedies, redress mechanisms and reparations for racial discrimination, including affirmative action, and compensation for victims and descendants of victims of racism, as well as independent mechanisms for monitoring the effectiveness of remedies and redress mechanisms; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 24 (i) International mechanisms for the effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination at the international, national and local levels, and their progressive development; (j) International mechanisms for the protection of the rights of persons belonging to minorities and ensuring peaceful group accommodation based on human rights; (k) Improved mechanisms for the implementation of international conventions against contemporary forms of slavery; (l) Combating hate speech and promoting tolerance in the digital age; (m) The implications of multiple identities (race, colour, descent, minority status, national or ethnic origin, gender); (n) The role that can be played by recognition of dual citizenship; (o) The need for States and human rights mechanisms to recognize any discriminatory element in situations involving other alleged violations of human rights; (p) Policies to be implemented to promote and protect the rights of indigenous peoples; and (q) Racism, racial discrimination and other forms of intolerance, including discrimination and intolerance against indigenous peoples, within criminal justice systems; 18. Endorses the decision of the Preparatory Committee to invite the High Commissioner for Human Rights, acting in her capacity as Secretary-General of the World Conference, to draw up a draft declaration and programme of action for the World Conference and recommends the participation of civil society in its preparation and implementation; 19. Recommends that the World Conference define a global and system-wide strategy to combat racism and racial discrimination which could lead to concrete results for the populations affected; 20. Suggests that the High Commissioner for Human Rights explore the possibility of making best use of the Millennium Summit, to be held from 6 to 8 September 2000, as one of the most effective means to highlight to the international community the critical importance of the World Conference in the continued struggle against racism; 21. Decides to discuss the World Conference and its follow-up at its next two sessions. 17th meeting 11 August 2000 [Adopted without a vote. See chap. V.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 25 2000/4. Discrimination based on work and descent The Sub-Commission on the Promotion and Protection of Human Rights, Affirming that, as declared in article 2 of the Universal Declaration of Human Rights, everyone is entitled to all the rights and freedoms set forth in the Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, Aware that discrimination based on work and descent has historically been a feature of societies in different regions of the world and has affected a significant proportion overall of the world’s population, Acknowledging the constitutional, legislative and administrative measures taken by relevant Governments to abolish practices of discrimination based on work and descent, Concerned, however, at the persistence of discrimination based on work and descent in such societies, 1. Declares that discrimination based on work and descent is a form of discrimination prohibited by international human rights law; 2. Requests Governments concerned to ensure that all necessary constitutional, legislative and administrative measures, including appropriate forms of affirmative action, are in place to prohibit and redress discrimination on the basis of work and descent, and that such measures are respected and implemented by all State authorities at all levels; 3. Urges Governments concerned to ensure that appropriate legal penalties and sanctions, including criminal sanctions, are prescribed for and applied to all persons or entities within the jurisdiction of the Governments concerned who may be found to have engaged in practices of discrimination on the basis of work and descent; 4. Decides to entrust Mr. Rajendra Kalidas Wimala Goonesekere with the task of preparing, without financial implications, a working paper on the topic of discrimination based on work and descent, in order: (a) To identify communities in which discrimination based on work and descent continues to be experienced in practice; (b) To examine existing constitutional, legislative and administrative measures for the abolition of such discrimination; and (c) To make any further concrete recommendations and proposals for the effective elimination of such discrimination as may be appropriate in the light of such examination; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 26 5. Decides to continue consideration of this question at its fifty-third session under the same agenda item. 17th meeting 11 August 2000 [Adopted without a vote. See chap. V.] 2000/5. Creation of a pre-sessional working group on the administration of justice The Sub-Commission on the Promotion and Protection of Human Rights, Recalling its decisions 1996/103 of 6 August 1996, 1996/119 of 29 August 1996, 1997/102 of 5 August 1997 and 1998/110 of 26 August 1998, Concerned that the reduction in length of the annual session of the Sub-Commission will have serious adverse effects on the effectiveness of the sessional working group on the administration of justice, Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 1.] 25th meeting 17 August 2000 [Adopted without a vote. See chap. III.] 2000/6. The Social Forum The Sub-Commission on the Promotion and Protection of Human Rights, Recalling the Universal Declaration of Human Rights and the indivisibility, interdependence and interrelated nature of economic, social and cultural rights and civil and political rights, Recalling also the reports on the realization of economic, social and cultural rights submitted by many special rapporteurs to the Sub-Commission and the Commission on Human Rights, in particular those submitted by Mr. Danilo Türk, Mr. Asbjørn Eide, Mr. Mustapha Mehedi, Mr. Leandro Despouy, Mr. El Hadji Guissé, Mr. Joseph Oloka-Onyango and Ms. Deepika Udagama, and Mr. David Weissbrodt, as well as many other important studies in this field, and the study on income distribution submitted by Mr. José Bengoa, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 27 Taking into account Commission on Human Rights resolution 1999/53 of 27 April 1999 and decision 2000/107 of 26 April 2000 and Sub-Commission resolution 1999/10 of 25 August 1999 on the establishment of a forum for economic, social and cultural rights, to be called the Social Forum, 1. Decides to hold in Geneva a pre-sessional or inter-sessional forum on economic, social and cultural rights, to be known as the Social Forum, for three days, with the participation of 10 members of the Sub-Commission, taking into consideration equitable geographical representation and expertise in the field; 2. Requests the Commission on Human Rights and the Economic and Social Council to endorse the holding of the Social Forum; 3. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 2.] 25th meeting 17 August 2000 [Adopted without a vote. See chap. VI.] 2000/7. Intellectual property rights and human rights The Sub-Commission on the Promotion and Protection of Human Rights, Reaffirming that, as declared in article 28 of the Universal Declaration of Human Rights, everyone is entitled to a social and international order in which the rights and freedoms set forth in the Universal Declaration can be fully realized, Stressing the need to work towards the realization for all people and communities of the rights, including to food, housing, work, health and education, enshrined in the International Covenant on Economic, Social and Cultural Rights, Recalling its resolutions 1998/8 and 1998/12 of 20 August 1998, 1999/8 of 25 August 1999, 1999/29 and 1999/30 of 26 August 1999 and resolution 1999/59 of 28 April 1999 of the Commission on Human Rights, Noting the statement of the Committee on Economic, Social and Cultural Rights to the Third Ministerial Conference of the Word Trade Organization (Seattle, 30 November-3 December 1999) (E/C.12/1999/9), Welcoming the preliminary report submitted by Mr. J. Oloka-Onyango and Ms. D. Udagama on globalization and its impact on the full enjoyment of human rights (E/CN.4/Sub.2/2000/13), E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 28 Noting the Convention on Biological Diversity, which echoes the International Covenant on Economic, Social and Cultural Rights on the right to self-determination and on the balance of rights and duties inherent in the protection of intellectual property rights, and its provisions relating to, inter alia, the safeguarding of biological diversity and indigenous knowledge relating to biological diversity, and the promotion of the transfer of environmentally sustainable technologies, Aware of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), and of its current review by the World Trade Organization Council on TRIPS, Aware also of the panel discussion organized by the World Intellectual Property Organization on 9 November 1998 on “Intellectual property and human rights”, Noting the Human Development Reports 1999 and 2000, which identify circumstances attributable to the implementation of the TRIPS Agreement that constitute contraventions of international human rights law, Noting also that members of the Working Group on Indigenous Populations, participants at the World Intellectual Property Organization Roundtables on Intellectual Property and Indigenous Peoples (23-24 July 1998 and 1-2 November 1999) and representatives of indigenous peoples have called for adequate protection of the traditional knowledge and cultural values of indigenous peoples, Noting further that actual or potential conflicts exist between the implementation of the TRIPS Agreement and the realization of economic, social and cultural rights in relation to, inter alia, impediments to the transfer of technology to developing countries, the consequences for the enjoyment of the right to food of plant variety rights and the patenting of genetically modified organisms, “bio-piracy” and the reduction of communities’ (especially indigenous communities’) control over their own genetic and natural resources and cultural values, and restrictions on access to patented pharmaceuticals and the implications for the enjoyment of the right to health, 1. Affirms that the right to protection of the moral and material interests resulting from any scientific, literary or artistic production of which one is the author is, in accordance with article 27, paragraph 2, of the Universal Declaration of Human Rights and article 15, paragraph 1 (c), of the International Covenant on Economic, Social and Cultural Rights, a human right, subject to limitations in the public interest; 2. Declares, however, that since the implementation of the TRIPS Agreement does not adequately reflect the fundamental nature and indivisibility of all human rights, including the right of everyone to enjoy the benefits of scientific progress and its applications, the right to health, the right to food and the right to self-determination, there are apparent conflicts between the intellectual property rights regime embodied in the TRIPS Agreement, on the one hand, and international human rights law, on the other; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 29 3. Reminds all Governments of the primacy of human rights obligations over economic policies and agreements; 4. Requests all Governments and national, regional and international economic policy forums to take international human rights obligations and principles fully into account in international economic policy formulation; 5. Requests Governments to integrate into their national and local legislations and policies, provisions, in accordance with international human rights obligations and principles, that protect the social function of intellectual property; 6. Requests intergovernmental organizations to integrate into their policies, practices and operations, provisions, in accordance with international human rights obligations and principles, that protect the social function of intellectual property; 7. Calls upon States parties to the International Covenant on Economic, Social and Cultural Rights to fulfil the duty under article 2, paragraph 1, article 11, paragraph 2, and article 15, paragraph 4, to cooperate internationally in order to realize the legal obligations under the Covenant, including in the context of international intellectual property regimes; 8. Requests the World Trade Organization, in general, and the Council on TRIPS during its ongoing review of the TRIPS Agreement, in particular, to take fully into account the existing State obligations under international human rights instruments; 9. Requests the Special Rapporteurs on globalization and its impact on the full enjoyment of human rights to include consideration of the human rights impact of the implementation of the TRIPS Agreement in their next report; 10. Requests the United Nations High Commissioner for Human Rights to undertake an analysis of the human rights impacts of the TRIPS Agreement; 11. Encourages the Committee on Economic, Social and Cultural Rights to clarify the relationship between intellectual property rights and human rights, including through the drafting of a general comment on this subject; 12. Recommends to the World Intellectual Property Organization, the World Health Organization, the United Nations Development Programme, the United Nations Conference on Trade and Development, the United Nations Environment Programme and other relevant United Nations agencies that they continue and deepen their analysis of the impacts of the TRIPS Agreement, including a consideration of its human rights implications; 13. Commends the Conference of Parties to the Convention on Biological Diversity for its decision to assess the relationship between biodiversity concerns and intellectual property rights, in general, and between the Convention on Biological Diversity and TRIPS, in particular, and urges it also to consider human rights principles and instruments in undertaking this assessment; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 30 14. Encourages the relevant civil society organizations to promote with their respective Governments the need for economic policy processes fully to integrate and respect existing human rights obligations, and to continue to monitor and publicize the effects of economic policies that fail to take such obligations into account; 15. Requests the Secretary-General to submit a report on this question to the Sub-Commission at its fifty-third session; 16. Decides to continue consideration of this question at its fifty-third session under the same agenda item. 25th meeting 17 August 2000 [Adopted without a vote. See chap. VI.] 2000/8. Promotion of the realization of the right to drinking water and sanitation The Sub-Commission on the Promotion and Protection of Human Rights, Reaffirming the indivisibility, interdependence and interrelated nature of economic, social and cultural rights and civil and political rights, Mindful that the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and a wide range of other texts provide unequivocally that all persons are entitled to the full realization of economic, social and cultural rights, Taking note of the Declaration on the Right to Development (General Assembly resolution 41/128 of 4 December 1986, annex), Recalling that in section I, paragraph 10, of the Vienna Declaration and Programme of Action (A/CONF.157/23), the World Conference on Human Rights reaffirmed the right to development as a universal and inalienable right and an integral part of human rights, and urged States and the international community to promote effective international cooperation for the realization of the right to development and the elimination of obstacles to development, Taking account of the results of the World Summit for Social Development, held in Copenhagen from 6 to 12 March 1995, especially the recommendations in its Programme of Action (A/CONF.166/9, annex II) concerning the United Nations system to strengthen United Nations operational activities for development in order to ensure the implementation of the World Summit outcome, as well as the United Nations system’s capacity for gathering and analysing information and developing indicators of social development, taking into account the work carried out by different countries, in particular by developing countries (para. 99 (e)), E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 31 Recalling resolutions I (Assessment of water resources), II (Community water supply), III (Agricultural water use), IV (Research and development of industrial technologies), VIII (Institutional arrangements for international cooperation in the water sector) and IX (Financing arrangements for international cooperation in the water sector) adopted at the United Nations Water Conference held in Mar del Plata, Argentina, from 14 to 25 March 1977 (United Nations Publication, Sales No. E.77.II.A.12, chap. I), Taking particular account of the International Drinking Water Supply and Sanitation Decade (1981-1990) and the celebration, on 22 March of each year, of the World Day for Water, proclaimed by the General Assembly in its resolutions 35/18 of 10 November 1980 and 47/193 of 22 December 1992, respectively, Bearing in mind the objectives of a “20:20”-type compact concerning in particular the access of all to drinking water supply and sanitation services, as stated in the Human Development Report 1994, Recalling its resolution 1997/18 of 27 August 1997, in which it decided to entrust to Mr. El Hadji Guissé the task of drafting, without financial implications, a working paper on the question of the promotion of the realization of the right of access of everyone to drinking water supply and sanitation services, Reaffirming the fundamental principles of equality, human dignity and social justice, and the right to drinking water supply and sanitation for every woman, man and child, Convinced of the urgent and persistent need for increased attention and commitment by all decision-makers to the right of everyone to drinking water supply and sanitation, Bearing in mind the Protocol on Water and Health to the 1992 Convention on the Use of Transboundary Watercourses and International Lakes, adopted in London in 1999 under the auspices of the Economic Commission for Europe, which refers to the principle of equitable access to water which should be provided for all members of the population (art. 5 (l)), Bearing in mind also the principles of the Madeira Declaration on the sustainable management of water resources, adopted by the European Council on Environment Law on 17 April 1999, and the resolution on drinking water adopted by the Council on 28 April 2000, Taking into consideration the working paper on the promotion of the realization of the right of everyone to access to drinking water supply and sanitation services prepared by Mr. El Hadji Guissé (E/CN.4/Sub.2/1998/7), Recalling Commission on Human Rights decision 1999/108 of 27 April 1999 on the right to drinking water supply and sanitation services, Deeply concerned that more than one billion people in the world are still deprived of access to drinking water supply and that almost four billion are not living in decent conditions of sanitation, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 32 1. Takes note of the annex to the note by the secretariat (E/CN.4/Sub.2/2000/16), which constitutes a supplement to the working paper on the right of everyone to drinking water supply and sanitation services (E/CN.4/Sub.2/1998/7) submitted by Mr. El Hadji Guissé; 2. Subscribes to the remarks of the expert to the effect that various obstacles linked to the realization of the right of everyone to drinking water supply and sanitation seriously impede the realization of economic, social and cultural rights, and that equality is an essential element for effective participation in the realization of the right to development and the right to a healthy environment; 3. Recommends to the Commission on Human Rights that it authorize the Sub-Commission to appoint Mr. El Hadji Guissé as Special Rapporteur to conduct a detailed study on the relationship between the enjoyment of economic, social and cultural rights and the promotion of the realization of the right to drinking water supply and sanitation, at both the national and international levels, taking also into account questions related to the realization of the right to development, in order to determine the most effective means of reinforcing activities in this field; 4. Requests the Special Rapporteur to define as accurately and as fully as possible the content of the right to water in relation to other human rights; 5. Also requests the Special Rapporteur to submit to the Sub-Commission a preliminary report at its fifty-third session, a progress report at its fifty-fourth session and a final report at its fifty-fifth session; 6. Requests the Secretary-General to invite Governments, United Nations bodies, the specialized agencies and interested non-governmental organizations to provide the Special Rapporteur with information relevant to the preparation of his report; 7. Also requests the Secretary-General to provide the Special Rapporteur with any assistance necessary to enable him to fulfil his mandate, including providing him with the assistance of a consultant specialized in this field; 8. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 3.] 25th meeting 17 August 2000 [Adopted without a vote. See chap. VI.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 33 2000/9. Optional protocol to the International Covenant on Economic, Social and Cultural Rights The Sub-Commission on the Promotion and Protection of Human Rights, Guided by the principles relating to economic, social and cultural rights enshrined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, Reaffirming the need to reinforce the realization of economic, social and cultural rights through the provision of adequate mechanisms and remedies in the event of their violation, Bearing in mind its call for the elaboration of an optional protocol to the International Covenant on Economic, Social and Cultural Rights to consider communications from individuals made in its resolution 1996/13 of 23 August 1996, Welcoming the comments made by 16 States on the report submitted by the Committee on Economic, Social and Cultural Rights on a draft optional protocol for the consideration of communications in relation to the Covenant (E/CN.4/1997/105, annex) but concerned that the vast majority of States that have ratified the Covenant have not yet submitted their comments, Recalling the decision of the Commission on Human Rights in resolution 2000/9 of 17 April 2000 to request the High Commissioner for Human Rights to invite all States to submit their comments both on the report mentioned above and on the options relating to the proposal for a draft optional protocol contained in the report of the High Commissioner (E/CN.4/2000/49), Recalling also the decision of the Commission on Human Rights in the same resolution to encourage the High Commissioner to strengthen the research and analytical capacities of her Office in the field of economic, social and cultural rights and to share her expertise, inter alia through the holding of expert meetings, 1. Reiterates the call made in Commission resolution 2000/9 of 17 April 2000 for all States to submit their comments on the report by the Committee on Economic, Social and Cultural Rights on a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights (E/CN.4/1997/105, annex) and on the options relating to the proposal for a draft optional protocol contained in the report of the United Nations High Commissioner for Human Rights (E/CN.4/2000/49); 2. Suggests that the Commission on Human Rights establish an open-ended working group entrusted with the further study of a draft optional protocol; 3. Requests the High Commissioner for Human Rights to organize an expert meeting on a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights and to submit the report of this meeting to it at its fifty-third session; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 34 4. Decides to monitor progress towards the further elaboration and the adoption of a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights at its fifty-third session. 25th meeting 17 August 2000 [Adopted without a vote. See chap. VI.] 2000/10. Traditional practices affecting the health of women and the girl child The Sub-Commission on the Promotion and Protection of Human Rights, Recalling resolution 1999/13 of 25 August 1999, Affirming once again that female genital mutilation is a cultural practice which profoundly affects the physical and mental health of the girl child and of the women who are its victims, Stressing that other practices equally harmful to the health of women and the girl child exist and are being perpetuated, Recalling that the Universal Declaration of Human Rights, in its article 5, and the International Covenant on Civil and Political Rights, in its article 7, proclaim that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Emphasizing the centrality of the Plan of Action adopted by the Sub-Commission (E/CN.4/Sub.2/1994/10/Add.1 and Corr.1) to the elimination of harmful traditional practices and the relevance of the conclusions reached at the regional seminars held in Burkina Faso (E/CN.4/Sub.2/1991/48) and Sri Lanka (E/CN.4/Sub.2/1994/10/Add.1 and Corr.1), Deeply regretting that the Special Rapporteur is encountering serious difficulties in performing her important task because of the absence of replies from numerous Governments concerned by harmful traditional practices on measures taken to implement the Plan of Action for the Elimination of Harmful Traditional Practices, Noting with satisfaction General Assembly resolution 54/133 of 17 December 1999 on traditional or customary practices affecting the health of women and girls, Strongly encouraging the specialized agencies and organs of the United Nations, in particular the United Nations Children’s Fund, the United Nations Population Fund and the World Health Organization, to continue to devote particular attention to the question of harmful traditional practices affecting the health of women and girls, particularly in the context of their regional and national programmes, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 35 Expressing its satisfaction to national and international non-governmental organizations for the numerous activities they are undertaking in the field to develop the awareness of the populations concerned with a view to the eradication of harmful traditional practices such as female genital mutilation, Considering that efforts to combat harmful traditional practices should be continued through, inter alia, further development of the awareness of Governments and all national protagonists concerned by these practices, 1. Takes note with satisfaction of the fourth report on the situation regarding the elimination of traditional practices affecting the health of women and the girl child (E/CN.4/Sub.2/2000/17) submitted by the Special Rapporteur, Ms. Halima Embarek Warzazi, and shares her concern about the perpetuation of certain harmful traditional practices, in particular dowry-related violence, domestic violence and crimes of honour; 2. Appeals 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; 3. Requests all non-governmental organizations dealing with women’s issues to continue to devote part of their activities to the study of the various harmful traditional practices and ways and means of eradicating them, and to inform the Special Rapporteur of any situation which merits the attention of the international community; 4. Welcomes the progress made in combating harmful traditional practices, including female genital mutilation, through the impetus of non-governmental organizations, in particular the Inter-African Committee, which should be given maximum encouragement; 5. Appeals to the international community to provide material, technical and financial support to the non-governmental organizations and groups working with dedication to achieve the total elimination of these cultural practices which are harmful to girl children and women; 6. Calls upon all Governments to give their full attention to the implementation of the Plan of Action and requests the Secretary-General to invite them to submit information regularly to the Sub-Commission on the situation regarding harmful traditional practices in their country; 7. Considers that one of the most effective means of developing the awareness of the Governments concerned regarding the problems of harmful traditional practices and appropriate solutions would be to organize regional seminars on the question; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 36 8. Reiterates its proposal that three seminars be held in Africa, Asia and Europe in order to review progress achieved since 1985, and ways and means of overcoming the obstacles encountered in the implementation of the Plan of Action for the Elimination of Harmful Traditional Practices, and appeals for funding for these activities; 9. Decides to extend the mandate of the Special Rapporteur, Ms. Halima Embarek Warzazi, for two more years and to request her to submit updated reports to the Sub-Commission at its fifty-third and fifty-fourth sessions; 10. Decides to continue consideration of the question at its fifty-third session, under the same agenda item; 11. Decides to recommend the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 4.] 25th meeting 17 August 2000 [Adopted without a vote. See chap. VII.] 2000/11. Situation of women and girls in the territories controlled by Afghan armed groups The Sub-Commission on the Promotion and Protection of Human Rights, Recalling its resolution 1999/14 of 25 August 1999, Taking note with appreciation of the report of the Secretary-General (E/CN.4/Sub.2/2000/18), containing substantive information and recommendations, Recalling that the fundamental rights of women and girls in the territories controlled by Afghan armed groups must be respected in all circumstances and that deliberate policies discriminating against women and girls in that country on the grounds of sex constitute gross and flagrant violations of the international instruments relating to human rights, Regretting that, according to the report of the Secretary-General, the situation of women and girls overall has largely remained unchanged, 1. Condemns all forms of discrimination and violation affecting women and girls in the territories controlled by Afghan armed groups, who are deprived of the enjoyment of civil and political rights and the rights to health, employment, freedom of movement and security; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 37 2. Notes, in particular, with concern the lack of any official commitment on the part of the Taliban to education for girls and the fact that, in the areas controlled by the Taliban, only boys have access to educational facilities; 3. Notes in this connection that this situation is totally at variance with the precepts of Islam, which imposes on Muslims the duty to acquire an education and to pursue knowledge; 4. Notes with concern that, by being confined to their homes, women, whose sole resources derive from agriculture and home-based crafts, are exploited by men and that the situation of those women who have had employment opportunities provided by non-governmental organizations and United Nations agencies is likely to worsen following the promulgation of prohibitory edicts; 5. Considers it essential that the international community continue to follow very closely the situation of women and girls in the territories controlled by Afghan armed groups and bring the necessary pressure to bear so that all the restrictions imposed on women, which constitute flagrant and systematic violations of all the internationally recognized economic, social, cultural, civil and political rights, are removed; 6. Congratulates the United Nations agencies and non-governmental organizations on the measures and programmes adopted with a view to lending support and assistance to women and girls in the territories controlled by Afghan armed groups and strongly encourages them to continue their efforts despite the difficulties encountered; 7. Supports United Nations activities aimed at promoting the fundamental rights of women and girls in the territories controlled by Afghan armed groups, and also efforts to find possibilities of constructive engagement at the community level in the context of community projects; 8. Considers that it is the duty of these groups to respect the fundamental rights of the individual and particularly those of women, in conformity with international law and humanitarian law; 9. Requests the Commission on Human Rights to insist that the Afghan armed groups abide by international human rights standards in relation to women, which entails the repeal of all edicts and the end to all forms of discrimination on the grounds of sex; 10. Considers that any diplomatic recognition and any financial agreement with the Taliban regime would reinforce the discriminatory treatment which the latter is reserving for women, whereas it must be induced to end such treatment; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 38 11. Requests the Secretary-General to continue to make available all the information that can be compiled on this question; 12. Decides to continue consideration of this question at its fifty-third session under the same agenda item. 26th meeting 17 August 2000 [Adopted without a vote. See chap. VII.] 2000/12. United Nations Voluntary Trust Fund on Contemporary Forms of Slavery The Sub-Commission on the Promotion and Protection of Human Rights, Recalling General Assembly resolution 46/122 of 17 December 1991 by which it established the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery to assist representatives of non-governmental organizations to participate in the deliberations of the Working Group on Contemporary Forms of Slavery by providing them with financial assistance and to extend, through established channels of assistance, humanitarian, legal and financial aid to individuals whose human rights have been severely violated as a result of contemporary forms of slavery, Recalling also the close relationship between the mandate and activities of the Working Group and those of the Board of Trustees of the Trust Fund and the necessary cooperation between them, Concerned at the insufficiency of contributions to the Fund, 1. Notes with satisfaction the participation of a growing number of representatives of non-governmental organizations financed by the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery and their valuable contribution to the work of the Working Group on Contemporary Forms of Slavery at its twenty-fifth session; 2. Expresses its appreciation to the donor Governments, non-governmental organizations and individuals, in particular new donors; 3. Encourages the activities of those non-governmental organizations financed by the Fund; 4. Expresses its support for the work of the members of the Board of Trustees of the Fund, in particular their fund-raising activities; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 39 5. Urges all Governments, non-governmental organizations, other private and public entities and individuals to contribute annually to the Fund in order to enable the Fund to fulfil its mandate effectively; 6. Encourages all donors who have pledged a contribution to the Fund to contribute as soon as possible; 7. Emphasizes the need for contributions to the Fund on a regular basis and, if possible, before the end of the current year, in order to enable the Board of Trustees to recommend grants to assist representatives of organizations to participate in the deliberations of the Working Group on Contemporary Forms of Slavery at its twenty-sixth session and to finance projects of humanitarian assistance by non-governmental organizations in the field; 8. Encourages the Board of Trustees of the Fund to finance non-governmental organizations from all the geographical regions in order to provide the widest possible view of contemporary forms of slavery in the world; 9. Invites the members of the Board of Trustees of the Fund in a position to do so to participate at the twenty-sixth session of the Working Group; 10. Decides to continue to examine the situation and the activities of the Fund at its fifty-third session. 26th meeting 17 August 2000 [Adopted without a vote. See chap. VIII.] 2000/13. Systematic rape, sexual slavery and slavery-like practices The Sub-Commission on the Promotion and Protection of Human Rights, Recalling its resolution 1993/24 of 25 August 1993 and its decision 1994/109 of 19 August 1994, establishing the mandate and the framework for the study on systematic rape, sexual slavery and slavery-like practices during armed conflicts, including internal armed conflict, as well as Commission on Human Rights decision 1994/103 of 4 March 1994, Recalling also its decision 1997/114 of 27 August 1997, in which it decided to entrust Ms. Gay J. McDougall with the task of completing the study and submitting it to the Sub-Commission at its fiftieth session, Recalling further its resolution 1999/16 of 26 August 1999, in which it requested the Special Rapporteur to submit to the Sub-Commission at its fifty-second session a report containing the updated information presented at its fifty-first session, with a view to wide distribution of the entire study in all the official languages, including to Governments, competent E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 40 bodies of the United Nations, specialized agencies, regional intergovernmental organizations, the established international tribunals and to the Assembly of States Parties of the International Criminal Court, Recalling its resolution 1998/18 of 21 August 1998 on systematic rape, sexual slavery and slavery-like practices during armed conflicts, including internal armed conflict, Recalling also that the Rome Statute of the International Criminal Court specifically recognizes that sexual violence and sexual slavery committed in the context of either an internal or an international armed conflict may constitute crimes against humanity and war crimes falling within the jurisdiction of the Court, Encouraged that the Rome Statute of the International Criminal Court also devotes useful attention to the protection and rehabilitation of victims of sexual violence, along with significant protections for the collection of evidence and the testimony of witnesses in cases involving gender-related violence and sexual slavery, Recalling the final report of the Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during armed conflicts, including internal armed conflict (E/CN.4/Sub.2/1998/13), Reaffirming its resolution 1999/16 of 26 August 1999 addressing systematic rape, sexual slavery and slavery-like practices during armed conflicts, including internal armed conflict, Welcoming the update to her final report submitted by the Special Rapporteur (E/CN.4/Sub.2/2000/21), 1. Expresses its deep appreciation to the Special Rapporteur for having submitted the updated information in a timely fashion and at a crucial point in the development of international criminal law; 2. Takes note of the report of the United Nations High Commissioner for Human Rights on systematic rape, sexual slavery and slavery-like practices during armed conflict (E/CN.4/Sub.2/2000/20); 3. Calls upon the High Commissioner for Human Rights to monitor the implementation of the present resolution as well as resolution 1999/16 of 26 August 1999 and to submit a report to the Sub-Commission at its fifty-third session on the issue of systematic rape, sexual slavery and slavery-like practices in situations of ongoing conflict, including information on the status and implementation of the recommendations made by the Special Rapporteur in her report on systematic rape, sexual slavery and slavery-like practices during armed conflicts (E/CN.4/Sub.2/1998/13) and the update thereto (E/CN.4/Sub.2/2000/21); 4. Recommends that the Commission on Human Rights endorse the principles stated in the present resolution at its fifty-seventh session; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 41 5. Decides to consider the issue under the same agenda item at its fifty-third session; 6. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 5.] 26th meeting 17 August 2000 [Adopted without a vote. See chap. VIII.] 2000/14. Working Group on Indigenous Populations The Sub-Commission on the Promotion and Protection of Human Rights, Recalling its resolution 1999/20 of 26 August 1999, Reaffirming the urgent need to recognize, promote and protect more effectively the rights of indigenous peoples, including their human rights and fundamental freedoms, Recalling Economic and Social Council resolution 1982/34 of 7 May 1982, in which the Council authorized the Sub-Commission to establish annually a working group on indigenous populations, Taking note with deep appreciation of the report of the Working Group on Indigenous Populations on its eighteenth session (E/CN.4/Sub.2/2000/24) and, in particular, of its conclusions and recommendations, Recalling Commission on Human Rights resolution 1993/30 of 5 March 1993, in which the Commission recommended to all thematic rapporteurs, special representatives, independent experts and working groups to pay special attention, within the framework of their mandates, to the situation of indigenous people, Welcoming the discussions in the Working Group on Indigenous Populations during its eighteenth session on the principal theme “Indigenous children and youth” and the fruitful debate on standard-setting, the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the International Decade of the World’s Indigenous People, Welcoming also the contribution made by the workshop on indigenous children and youth convened by non-governmental organizations at the United Nations Office at Geneva from 19 to 21 July 2000 to the debate on the principal theme of the eighteenth session, Mindful of the relevant recommendations adopted by the World Conference on Human Rights, in particular those contained in Part I, paragraph 20, and Part II, paragraphs 28 to 32, of the Vienna Declaration and Programme of Action, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 42 1. Expresses its deep appreciation to all members of the Working Group on Indigenous Populations, and in particular to its Chairperson-Rapporteur, Mr. Miguel Alfonso Martínez, for the important and constructive work accomplished during its eighteenth session; 2. Requests the Secretary-General to transmit the report of the Working Group on its eighteenth session (E/CN.4/Sub.2/2000/24) to the United Nations High Commissioner for Human Rights, indigenous organizations, Governments and intergovernmental and non-governmental organizations concerned, as well as to all thematic rapporteurs, special representatives, independent experts and working groups; 3. Requests that the report of the Working Group be made available to the Commission on Human Rights at its fifty-seventh session; 4. Recommends 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 in its resolution 1995/32 of 3 March 1995 to elaborate further the draft United Nations declaration on the rights of indigenous people; 5. Also recommends that the Office of the High Commissioner for Human Rights organize, in cooperation with indigenous organizations, the United Nations Children’s Fund, the Committee on the Rights of the Child, Governments and relevant non-governmental organizations, a further workshop on indigenous children and youth; 6. Further recommends that the Working Group at its nineteenth session adopt as the principal theme “Indigenous peoples and their right to development” and that the Office of the High Commissioner for Human Rights invite the United Nations Development Programme and other relevant United Nations organizations to provide information and, if possible, participate in the meetings of the Working Group; 7. Requests the Commission on Human Rights to invite Governments, intergovernmental organizations and indigenous and non-governmental organizations to provide information and data, in particular on the principal theme, to the Working Group at its nineteenth session; 8. Requests the High Commissioner for Human Rights, in consultation with interested Governments, to make efforts to organize meetings on indigenous issues in different parts of the world, in particular in Africa, Asia and Latin America, to provide greater opportunity for participation of peoples from these regions and to raise public awareness about indigenous peoples; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 43 9. Requests the High Commissioner to encourage studies with respect to the rights to food and adequate nutrition of indigenous peoples and indigenous peoples and poverty, stressing the linkage between their present general situation and their land rights, and to develop further cooperation with the Food and Agriculture Organization of the United Nations and the World Food Programme on indigenous issues; 10. Recommends that Ms. 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 session of the Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance to be held in May 2001, and that the working papers or recommendations which may be prepared by any member of the Working Group on the issues to be discussed at the World Conference should be incorporated in the relevant list of Conference documentation; 11. Requests Mr. Miguel Alfonso-Martínez to submit to the Working Group at its nineteenth session the working paper on possible principles and guidelines for private sector energy and mining concerns that may affect indigenous lands referred to in Sub-Commission resolution 1998/23 of 21 August 1998; 12. Calls upon the organizers of the World Conference to ensure that a mechanism exists for the full and active participation of representatives of indigenous peoples in all preparatory meetings as well as the World Conference itself, as a further measure to implement the theme of the International Decade of the World’s Indigenous People, “Partnership for action”; 13. Recommends that the organizers of the World Conference invite indigenous representatives to address its plenary session, in the spirit of General Assembly resolution 50/157 of 21 December 1995 and as a further measure to implement the theme of the International Decade of the World’s Indigenous People, “Partnership for action”; 14. Also recommends that the Office of the High Commissioner for Human Rights organize a parallel activity on indigenous issues during the World Conference and that funds be set aside for this purpose as well as for the participation of indigenous peoples at the Conference; 15. Further recommends that a chapter in both the declaration and the programme of action of the World Conference be dedicated to indigenous peoples and that the World Conference recognize that indigenous peoples, when referred to collectively, are “peoples”; 16. Recommends that the Chairperson-Rapporteur or any other member of the Working Group be invited to take part in the preparatory meetings for the World Conference and in the World Conference itself; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 44 17. Requests the Chairperson-Rapporteur or other member of the Working Group to inform the Board of Trustees of the United Nations Voluntary Fund for Indigenous Populations that the Working Group at its nineteenth session will highlight the principal theme “Indigenous peoples and their right to development”, so that the Board can bear this in mind when it meets for its fourteenth session; 18. Requests the Commission on Human Rights to consider the usefulness of appointing 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; 19. Appeals 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 the open-ended inter-sessional working group on the draft United Nations declaration on the rights of indigenous people; 20. Requests the Secretary-General to prepare an annotated agenda for the nineteenth session of the Working Group; 21. Requests the Commission on Human Rights 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-third session of the Sub-Commission in 2001; 22. Recommends to the Commission on Human Rights the following draft decisions for adoption: [For the text, see chap. I, draft decisions 6 and 7] 26th meeting 17 August 2000 [Adopted without a vote. See chap. IX.] 2000/15. International Decade of the World’s Indigenous People The Sub-Commission on the Promotion and Protection of Human Rights, Bearing in mind that one of the purposes of the United Nations, as set forth in the Charter, is the achievement of international cooperation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 45 Recalling General Assembly resolution 48/163 of 21 December 1993, in which the Assembly proclaimed the International Decade of the World’s Indigenous People, Recalling also that the goal of the Decade is the strengthening of international cooperation for the solution of problems faced by indigenous peoples in such areas as human rights, the environment, development, education and health, as well as with regard to their lands and their resources, Recalling further General Assembly resolution 50/157 of 21 December 1995, in which the Assembly adopted the comprehensive programme of activities for the International Decade of the World’s Indigenous People, Recalling the requests by the General Assembly, in its resolutions 50/157 and 52/108 of 12 December 1997, to assess the objectives of the Decade by quantifiable outcomes that will improve the lives of indigenous peoples and to evaluate the objectives halfway through the Decade and at its end, Bearing in mind the most recent report of the Secretary-General on the programme of activities of the International Decade (A/54/487 and Add.1), Recalling its resolution 1999/19 of 26 August 1999, Noting with particular concern the delay in the work on the elaboration of the draft United Nations declaration on the rights of indigenous people, one of the main objectives of the Decade, Having considered the report of the Working Group on Indigenous Populations on its eighteenth session (E/CN.4/Sub.2/2000/24), 1. Welcomes the observance of the International Day of the World’s Indigenous People on 27 July 2000; 2. Recommends that the celebration of the International Day of the World’s Indigenous People be held on the fourth day of the nineteenth session of the Working Group on Indigenous Populations in order to ensure as great a participation of indigenous peoples as possible; 3. Welcomes the decision by the General Assembly in its resolution 52/108 of 12 December 1997 to appoint the United Nations High Commissioner for Human Rights as Coordinator for the International Decade of the World’s Indigenous People; 4. Recommends that the Coordinator for the Decade hold, preferably before the end of 2000, a special fund-raising meeting with the permanent missions in Geneva of interested States and the members of the Advisory Group for the Voluntary Fund for the Decade to encourage financial contributions to the Voluntary Fund for the Decade and the United Nations Voluntary Fund for Indigenous Populations, as well as the appointment of qualified staff, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 46 including indigenous persons, from within the regular budget of the United Nations, to assist with the work of the Office of the High Commissioner for Human Rights relating to the indigenous programme, and submit to the Sub-Commission at its fifty-third session and its Working Group on Indigenous Populations at its nineteenth session a report on the results of initiatives taken to those effects; 5. Urges Governments and intergovernmental and non-governmental organizations and individuals to contribute to the Voluntary Fund for the Decade established by the Secretary-General and invites indigenous organizations to do likewise; 6. Recommends that attention continue to be given to improving the extent of the participation of indigenous peoples in planning and implementing the activities of the Decade in order to implement fully the Decade’s theme, “Indigenous people: partnership in action”; 7. Strongly recommends that, in accordance with General Assembly resolution 50/157 of 21 December 1995, the draft United Nations declaration on the rights of indigenous people be adopted as early as possible and not later than the end of the International Decade in 2003 and, to this end, appeals to all participants in the inter-sessional 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; 8. Takes note of Commission on Human Rights resolution 2000/87 of 27 April 2000 and Economic and Social Council resolution 2000/22 of 28 July 2000, in which the Commission and the Council respectively decided to establish the Permanent Forum on Indigenous Issues; 9. Notes the view expressed by many indigenous participants during its fifty-second session and during the eighteenth session of the Working Group on Indigenous Populations that the establishment of the Permanent Forum should not necessarily be construed as grounds for the abolition of the Working Group, which should continue to carry out the ample, flexible mandate conferred upon it by the Economic and Social Council in resolution 1982/34 of 7 May 1982; 10. Congratulates the Advisory Group for the Voluntary Fund for the Decade for the work it has accomplished, for its initiatives and for the transparency of its working methods and decisions; 11. Recommends that the High Commissioner, in consultation with interested Governments, organize meetings and other activities in all regions of the world within the framework of the International Decade in order, inter alia, to raise public awareness about indigenous issues; 12. Recommends that the High Commissioner for Human Rights organize a seminar on treaties, agreements and other legal instruments between States and indigenous peoples, to discuss possible follow-up to the study completed by the Special Rapporteur, Mr. Miguel Alfonso Martínez, and to explore ways and means of implementing the recommendations included in his final report (E/CN.4/Sub.2/1999/20); E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 47 13. Also recommends that the High Commissioner organize, not later than the end of 2002, in collaboration with the United Nations Conference on Trade and Development, the International Labour Organization, the World Trade Organization and other relevant organizations, 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 the working methods and activities of transnational corporations; 14. Further recommends that the High Commissioner take the necessary action in order to promote the establishment, within the Office of Legal Affairs of the Secretariat, of a database on national legislation on matters of relevance to indigenous peoples, as well as a compilation of treaties and agreements between States and indigenous peoples, as well as to establish, in coordination with the Department of Public Information, a global public awareness programme with respect to indigenous issues; 15. Invites 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 of the World’s Indigenous People (2003) with a view to evaluating the Decade and considering future national and international policies and programmes which may contribute to effective action by States in order to promote better relations between the indigenous and non-indigenous segments of their population; 16. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 8.] 26th meeting 17 August 2000 [Adopted without a vote. See chap. IX.] 2000/16. The rights of minorities The Sub-Commission on the Promotion and Protection of Human Rights, Noting Commission on Human Rights resolution 2000/52 of 25 April 2000 on the rights of persons belonging to national or ethnic, religious and linguistic minorities, Having considered the report of the Working Group on Minorities on its sixth session (E/CN.4/Sub.2/2000/27) and in particular the conclusions and recommendations contained therein, Disturbed at the continued widespread occurrence of violent conflicts in many parts of the world where ethnic or religious hostility is engendered and exploited by one or more of the parties to the conflict, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 48 Reiterating the need for States, minorities and majorities to search for peaceful and constructive solutions to problems affecting minorities, Emphasizing the need for system-wide cooperation within the United Nations to facilitate peaceful solutions to situations involving minorities, 1. Endorses the conclusions and recommendations of the Working Group on Minorities at its sixth session as contained in its report (E/CN.4/Sub.2/2000/27); 2. Welcomes the Working Group’s practice of requesting its members to prepare, without financial implications, working papers on thematic issues; 3. Notes with satisfaction the comments submitted by States, specialized agencies, other United Nations organs and bodies, non-governmental organizations and scholars on the commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (E/CN.4/Sub.2/AC.5/1998/WP.1) and the revised commentary prepared on the basis of those comments by the Chairman of the Working Group (E/CN.4/Sub.2/AC.5/2000/WP.1); 4. Endorses the recommendation of the Working Group that the revised commentary prepared by its Chairman be published as part of a manual containing the Declaration and an overview of relevant procedures and mechanisms of regional and international organizations; 5. Also endorses the recommendation of the Working Group that its Chairman prepare a statement for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, focusing on the relationship between the elimination of racial discrimination and the protection of minorities; 6. Requests the Secretary-General to invite United Nations bodies and the specialized agencies, including the World Bank and the International Monetary Fund, as well as regional organizations, to provide information to the Working Group on their activities and programmes in the field of minority protection; 7. Takes note with satisfaction of the seminar held in Montreal, Canada, from 29 September to 2 October 1999 on intercultural and multicultural education, and of the African seminar on multiculturalism, held in Arusha, United Republic of Tanzania, from 13 to 15 May 2000; 8. Notes 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 the Afro-American monitories, and one seminar to be held in Africa in follow-up to the Arusha seminar held in May 2000; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 49 9. Recommends 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, taking into account regional conventions on the subject, and also to give their views on the content of such a convention; 10. Appeals to all States, specialized agencies, non-governmental organizations and scholars to continue to participate actively in the work of the Working Group; 11. Recommends that the Office of the United Nations High Commissioner for Human Rights be strengthened to enable it to provide adequate services to the Working Group and to undertake relevant studies, evaluation and action. 26th meeting 17 August 2000 [Adopted without a vote. See chap. X.] 2000/17. The death penalty in relation to juvenile offenders The Sub-Commission on the Promotion and Protection of Human Rights, Reaffirming the development towards the abolition of the death penalty generally, as reflected in article 6, paragraph 2, of the International Covenant on Civil and Political Rights and in the Second Optional Protocol thereto, aiming at the abolition of the death penalty, Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, article 4, paragraphs 2 and 3, of the American Convention on Human Rights and the Protocol to the American Convention to Abolish the Death Penalty, Recalling Commission on Human Rights resolutions 1998/8 of 3 April 1998, 1999/61 of 28 April 1999 and 2000/65 of 26 April 2000, in which the Commission expressed the conviction that abolition of the death penalty contributed to the enhancement of human dignity and to the progressive development of human rights, Noting that the death penalty is often imposed after trials which do not conform to international standards of fairness and that members of racial, national or ethnic minorities appear to be disproportionately subject to the death penalty, Welcoming the tendency in retentionist States to restrict the number of crimes carrying a possible death sentence, Welcoming also the fact that many countries, whilst retaining the death penalty in their penal legislation, are applying a moratorium on executions, Recalling the view of the Commission on Human Rights that the death penalty should not be imposed on or carried out against a person suffering from any form of mental disorder, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 50 Reaffirming the prohibition of the imposition of the death penalty on those aged under 18 at the time of the commission of the offence, as enshrined in article 6, paragraph 5, of the International Covenant on Civil and Political Rights, article 37 (a) of the Convention on the Rights of the Child, article 5, paragraph 3, of the African Charter on the Rights and Welfare of the Child, article 77, paragraph 5, of Protocol I and article 6, paragraph 4, of Protocol II Additional to the Geneva Conventions, of 12 August 1949, Affirming that the imposition of the death penalty on those aged under 18 at the time of the commission of the offence is contrary to customary international law, 1. Condemns unequivocally the imposition and execution of the death penalty on those aged under 18 at the time of the commission of the offence; 2. Calls upon States that retain the death penalty for juvenile offenders to abolish by law as soon as possible the death penalty for those aged under 18 at the time of the commission of the offence and, in the meantime, to remind their judges that the imposition of the death penalty against such offenders is in violation of international law; 3. Calls upon all States in which the death penalty has been imposed on a person aged under 18 at the time of the commission of the offence after the State 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 the imposition of the death penalty against such offenders is in violation of international and/or national law; 4. Requests the Commission on Human Rights to reaffirm its resolution 2000/65 of 26 April 2000 at its fifty-seventh session; 5. Decides to continue consideration of this matter at its fifty-third session under the same agenda item; 6. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 9.] 26th meeting 17 August 2000 [Adopted without a vote. See chap. XI.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 51 2000/18. Question of enforced disappearances The Sub-Commission on the Promotion and Protection of Human Rights, Recalling General Assembly resolution 41/120 of 4 December 1986, in which the Assembly recognized the value of continuing efforts to identify specific areas where further international action was required to develop the existing legal framework in the field of human rights, Recalling also General Assembly resolution 47/133 of 18 December 1992 by which the Assembly proclaimed the Declaration on the Protection of All Persons from Enforced Disappearance as a body of principles for all States and urged that all efforts be made so that the Declaration became generally known and implemented, Recalling further the important role of the Sub-Commission in drafting the Declaration on the Protection of All Persons from Enforced Disappearance and other important human rights instruments, Noting Commission on Human Rights resolution 1997/26 of 11 April 1997 in which the Commission, deeply concerned, in particular, by the intensification of enforced or involuntary disappearances, took note of the report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1997/34) in which the Group welcomed the efforts of the Sub-Commission’s sessional working group on the administration of justice to prepare a draft international convention on the prevention and punishment of enforced disappearances, Deeply concerned that the practice of enforced disappearance continues in many parts of the world and reaffirming that enforced disappearance undermines the deepest values of any society committed to respect for the rule of law, human rights and fundamental freedoms, and that the widespread or systematic practice of enforced disappearance is a crime against humanity, Recalling its resolution 1998/25 of 26 August 1998, in which it decided to transmit the draft international convention on the protection of all persons from enforced disappearance (E/CN.4/Sub.2/1998/19, annex) to the Commission on Human Rights for its consideration, together with the comments of the Sub-Commission thereon as well as those of the sessional working group on the administration of justice (E/CN.4/Sub.2/1998/19, paras. 9-64), Recalling also Commission resolution 1999/38 of 26 April 1999, in which the Commission took note of the draft international convention on the protection of all persons from enforced disappearance and requested the Secretary-General to renew the invitation to States, international organizations and non-governmental organizations to submit their views and comments on the matter, Noting the report of the Working Group on Enforced or Involuntary Disappearances submitted pursuant to Commission resolution 1999/38 (E/CN.4/2000/64 and Corr.1 and 2 and Add.1), E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 52 Recalling its resolution 1999/24 of 26 August 1999, in which it urged the Commission to give priority consideration to the draft international convention on the protection of all persons from enforced disappearance on account of the nature and degree of the suffering of the disappeared and of their families and friends, Welcoming the fact that acts of enforced disappearance, as defined in the Rome Statute of the International Criminal Court, come within the jurisdiction of the Court as crimes against humanity, Welcoming also Commission resolution 2000/37 of 20 April 2000, in which the Commission requested the Secretary-General to ensure the wide dissemination of the draft international convention on the protection of all persons from enforced disappearance, 1. Recommends that the Commission on Human Rights, in the light of the fact that it has 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; 2. Urges the Commission to continue to give priority consideration to the draft international convention on the protection of all persons from enforced disappearance; 3. Decides 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. 26th meeting 17 August 2000 [Adopted without a vote. See chap. XI.] 2000/19. Report of the Working Group on Contemporary Forms of Slavery The Sub-Commission on the Promotion and Protection of Human Rights, Taking note of the report of the working group on Contemporary Forms of Slavery on its twenty-fifth session (E/CN.4/Sub.2/2000/23) and, in particular, the recommendations contained in chapter VI, Deeply concerned at the information provided on the serious situations of human rights violations affecting millions of human beings throughout the world on account of the exploitation of domestic and migrant workers, slave and child labour, the sexual exploitation of children, the traffic in persons, the abusive use of the Internet for the purpose of sexual exploitation, the sale of children, child prostitution and child pornography, Recognizing that poverty, ignorance, discrimination and the ill-effects of corruption and international debt lead to and perpetuate contemporary forms of slavery, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 53 Regretting that the number of States that have ratified the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956 and the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others of 1949 is still unsatisfactory, 1. Expresses its appreciation to the Working Group on Contemporary Forms of Slavery for the excellent work it performs on the basis of information, testimony and discussion within the Working Group; 2. Notes with satisfaction the decision of the Working Group to give priority, at each of its sessions, to one of the items on its agenda on account of the importance of the problem to be examined; I. BONDED LABOUR AND DEBT BONDAGE 3. Urges States, whenever cases of debt bondage are reported in their countries, to take action as a matter of urgency to secure the release of those concerned, to develop techniques for assessing whether workers are bonded, even if they are intimidated (by threats or fear of loss of their jobs) or unwilling to reveal their bonded status, to prevent reprisals from being taken against them and to ensure they will not revert into bondage subsequently; 4. Encourages States to ensure that obstacles are not placed in the way of bonded labourers, or human rights defenders acting on their behalf, in registering formal complaints about the exploitation of bonded labour and, in the case of States in which such complaints are pending, to ensure that they are treated with the utmost urgency and seriousness; 5. Urges States to intervene as a matter of priority when human rights defenders are subjected to harassment or persecution for their involvement in trying to assist bonded labourers; 6. Strongly recommends that States which have adopted laws against debt bondage or bonded labour and in which cases of debt bondage continue to be reported ensure the effectiveness of the rule of law and fully apply legal and judicial procedures ensuring the prosecution and punishment of those involved in reducing men, women or children to bondage; 7. Invites States to review their national legislation to ensure that debt bondage is prohibited explicitly, that appropriate penalties are stipulated to deter anyone from providing a loan which has the effect of enslaving the person to whom the loan is made or others connected with them or reducing them to servile status, that loans which have the effect of reducing someone to debt bondage are considered null and void, and that law enforcement agencies are provided with appropriate instructions to enable them to identify cases of debt bondage and secure the release of bonded labourers, notably by providing them with interim relief from the time their cases are first reported and with suitable work outside a slavery-like relationship (and not making relief contingent on the culmination of the process to confirm that they have been bonded); E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 54 8. Recommends again that Member States set up monitoring committees to investigate reports of debt bondage and to establish the number of people in their country who are subject to servile status as a result of debt bondage, giving special attention to monitoring constraints on migrant workers imposed by employers or others who advance them money and to ensuring that migrant workers are not subjected to debt bondage and that, if debt bondage is reported, Member States consider establishing special institutions to implement the law against this abusive practice, such as special law enforcement units or commissions at either national or local level; 9. Encourages States to allow current or former bonded labourers, human rights defenders and others to have access to the mass media in their country in order to draw attention to continuing patterns of debt bondage and to alert bonded labourers to their rights, and exploiters of bonded labour to the unacceptable and illegal nature of the practice; 10. Urges States to give special attention to ensuring that all children of bonded labourers complete primary education, whether or not the children themselves are bonded; 11. Recommends that Member States ratify International Labour Organization Convention (No. 117) concerning Basic Aims and Standards of Social Policy, 1962, ratified by 32 States at the end of 1998, which is concerned in particular with reducing forms of wage payment that foster indebtedness and requires ratifying States to take “all practicable measures” to ensure that a series of protections for workers are implemented to prevent debt bondage occurring; 12. Invites States to adopt and implement plans of action against all the worst forms of child labour; 13. Invites the International Labour Organization to provide information on its efforts to promote implementation of the 1992 Programme of Action and on any obstacles which have impeded its implementation; 14. Also invites the International Labour Organization also to prepare draft model legislation or rules on the establishment and functioning of governmental institutions to monitor reports of debt bondage and to respond by initiating procedures for the release and rehabilitation of those concerned; 15. Further invites the International Labour Organization, together with other competent United Nations organs and specialized agencies, to consider the possibility of holding a seminar or a workshop to determine the best practices for the eradication of debt bondage, and in particular to assess what forms of international support are most appropriate for community mobilization and to enable bonded labourers to make use of their right to freedom of association, and what techniques have proved most effective in facilitating the rehabilitation and reintegration of victims of debt bondage; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 55 16. Urges Member States in which cases of debt bondage have been reported in the past five years to implement the Programme of Action against Child Bondage of the International Labour Organization, in particular with respect to children subjected to debt bondage, but also ensuring that, if adult men or women are reported to be affected, the same or similar measures are applied with respect to them, as well as to entire families who are subjected to debt bondage; 17. Recommends that all competent United Nations organs, specialized agencies, development banks and intergovernmental agencies involved in development initiatives take action to contribute to the elimination of debt bondage, in particular by the provision of alternative sources of credit to bonded labourers; 18. Recommends once again that Governments cooperate with trade unions and employers’ organizations at the national level to address the problem of bonded labour and that trade unions and employers’ organizations at the local, national and international levels utilize the existing structures of the International Labour Organization dealing with violations of the relevant conventions concerning forced labour, and encourages concerned non-governmental organizations to strengthen their activities for disseminating information and advising trade unions in this regard; 19. Invites international financial institutions to encourage micro-credit as a mechanism for the eradication of debt bondage; 20. Invites Member States to provide information to the Working Group at its twenty-seventh session, in 2002, about measures taken to suppress or prevent debt bondage; 21. Decides to keep the question of debt bondage under consideration and to assess the progress achieved at future sessions, with a view to the total elimination of this abhorrent practice; II. UNITED NATIONS VOLUNTARY TRUST FUND ON CONTEMPORARY FORMS OF SLAVERY 22. Expresses its gratitude to Governments, organizations and individuals, including young students, who have contributed to the Fund and encourages them to continue doing so; 23. Expresses its appreciation for the participation at the twenty-fifth session of the Working Group of about twenty representatives of non-governmental organizations financed by the Fund, including victims of contemporary forms of slavery, and for their valuable contribution to the work of the Working Group; 24. Invites the Board of Trustees of the Voluntary Fund to promote the participation at the annual sessions of the Working Group of individuals and organizations from as large a number of countries as possible, in accordance with the priorities established in the agenda of the Working Group; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 56 25. Notes with satisfaction that about twenty project grants were paid by the Fund to local non-governmental organizations which work on issues of contemporary forms of slavery; 26. Expresses its support for the work of the members of the Board of Trustees of the Fund, in particular their fund-raising activities; 27. Recalls the appeal made by the General Assembly in its resolution 46/122 of 17 December 1991 to all Governments to respond favourably to requests for contributions to the Fund, and urges them and non-governmental organizations, other private or public entities and individuals to contribute to the Fund and encourages them to do so in order to enable the Fund to fulfil its mandate effectively in the year 2001; 28. Expresses its deep appreciation for the participation of the President and a member of the Board of Trustees, who attended the twenty-fifth session at their own expense, and invites the Board members to participate at the twenty-sixth session of the Working Group; III. TRAFFIC IN PERSONS AND EXPLOITATION OF THE PROSTITUTION OF OTHERS 29. Urges Governments which have not yet done so to ratify the 1949 Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, International Labour Organization Convention (No. 182) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour and the Convention on the Elimination of All Forms of Discrimination against Women; 30. Reiterates its recommendation that the General Assembly declare a United Nations year against trafficking in persons, allowing sufficient time before the commencement of the year for the development of national and international plans of action; 31. Urges States to devise and adopt comprehensive national plans of action against trafficking in persons and exploitation of the prostitution of others, based on data collection, research and analysis and in collaboration with non-governmental organizations, which should include the following: (a) Measures to support the plan through the allocation of necessary financial and human resources; (b) Measures to address the root and immediate causes of trafficking, prostitution and exploitation of the prostitution of others; (c) The adoption and enforcement of measures against new practices of the global sex industry, especially sex tourism, trade in mail order brides and trafficking in women and children, in particular through the Internet; (d) Measures to ensure systematic and periodic review of the plan; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 57 32. Recalls its request to the Office of the United Nations High Commissioner for Human Rights to design guidelines for the elaboration of such national plans of action and, upon request, to provide technical assistance to States in the formulation of their national plan; 33. Urges States to ensure that their national development policies do not intensify the marginalization of women and place them at risk of sexual exploitation; 34. Encourages States to enact or revise national policies, laws and strategies and other administrative measures in order to ensure that victims of sex trafficking, trafficking and other practices of sexual exploitation are not the subject of criminal proceedings or other legal or administrative sanctions; 35. Strongly recommends to States to ensure the effectiveness of the rule of law, to apply fully legal and judicial procedures, and to prosecute and penalize the criminals involved in trafficking in women and children and exploitation of the prostitution of women and children; 36. Invites States to take steps, including witness protection programmes, to enable trafficked and sexually exploited persons to make complaints to the police and to be available when required by the criminal justice system, and to ensure that during this time they have access to social, medical, financial and legal assistance, and to protection, as requested; 37. Encourages States to ensure the voluntary and safe return of trafficked persons; 38. Calls upon States, to the extent of available resources, to provide social services to the victims and survivors of trafficking and sexual exploitation, including shelter, counselling, medical care, legal services, education, job training and employment, and to take measures to prevent discrimination against and stigmatization of these victims; 39. Urges States to initiate community-based prevention programmes, especially in high-risk areas, to educate people on the tactics of recruiters and traffickers and on the risks of sexual exploitation; 40. Strongly recommends that the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime ensure that the protocol to prevent, suppress and punish trafficking in persons, especially women and children, and the protocol against the smuggling of migrants by land, air and sea do not conflict with or otherwise undermine existing international human rights obligations and standards, especially the 1949 Convention on the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others; 41. Urges the Ad Hoc Committee to ensure also that the protocol to prevent, suppress and punish trafficking in persons, especially women and children, is not limited to forced or coerced trafficking but includes all trafficking, irrespective of the consent of the victim; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 58 42. Welcomes the recent adoption by the World Tourism Organization of a code of conduct against sex tourism and requests the Secretary-General to convey to the World Tourism Organization the Working Group’s grave concern at the persistence and, even, the development of sex tourism; 43. Calls upon United Nations human rights bodies to focus on possible situations of human rights violations related to trafficking in persons and victims of prostitution, in accordance with the 1949 Convention on the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others; 44. Invites the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of the Child and the Human Rights Committee to elaborate general recommendations in order to clarify reporting procedures with regard to victims of trafficking, in particular for purposes of prostitution and exploitation of the prostitution of others, as provided in the 1949 Convention; 45. Takes note with concern that in her most recent report (E/CN.4/2000/68, para. 13) the Special Rapporteur on violence against women, its causes and consequences offers a definition of “trafficking” that is inconsistent with the principles of the 1949 Convention; 46. Recommends that the issue of trafficking in persons, prostitution and related practices of sexual exploitation be considered during the preparatory process of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and at the World Conference itself, which will be held in South Africa in 2001; 47. Also recommends that the International Labour Office and/or the High Commissioner for Human Rights establish an international programme on the elimination of trafficking, similar to the International Programme on the Elimination of Child Labour; 48. Takes note with satisfaction of the decision of the Working Group to examine, as a matter of priority, at its twenty-sixth session, in 2001, the issue of trafficking in persons, with the active participation of non-governmental organizations and victims of trafficking, in preparation for the proposed United Nations year against trafficking in persons; 49. Welcomes the plan of the High Commissioner for Human Rights to organize an international seminar on the issue of trafficking in persons, migrants and human rights, and urges her to hold the seminar immediately prior to the twenty-sixth session of the Working Group and to invite the participation of members of the Working Group and non-governmental organizations attending the Working Group; 50. Encourages Governments, intergovernmental, regional and non-governmental organizations, the human rights treaty bodies, the special rapporteurs, especially the Special Rapporteur on violence against women, the Special Rapporteur on the sale of children, child prostitution and child pornography and the Special Rapporteur on the human rights of migrants, to participate actively in and contribute to the discussion at the twenty-sixth session of the Working Group; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 59 IV. INTERNATIONAL COOPERATION FOR THE PREVENTION OF ILLEGAL TRAFFICKING IN PERSONS, PROSTITUTION AND THE EXPANSION OF THE WORLD SEX INDUSTRY 51. Invites Member States regularly to share with their respective competent national enforcement agencies all information deemed useful for preventing and suppressing such actions, in particular data concerning individuals sanctioned because of these activities; V. PREVENTION OF TRANSBORDER TRAFFICKING OF CHILDREN IN ALL ITS FORMS 52. Reaffirms the provisions of its previous resolution on the issue; VI. THE ROLE OF CORRUPTION IN THE PERPETUATION OF SLAVERY AND SLAVERY-LIKE PRACTICES 53. Urges once again all States to take adequate steps to monitor and enforce laws, particularly as they relate to slavery, slavery-like practices and corruption, including trafficking in women and children; 54. Encourages existing international arrangements aimed at improving the training and professionalism of law enforcement personnel, as well as their respect for human rights; VII. MISUSE OF THE INTERNET FOR THE PURPOSE OF SEXUAL EXPLOITATION 55. Recommends that Governments, as a matter of priority, review, amend and enforce existing laws, or enact new laws, to prevent the misuse of the Internet for trafficking for the purpose of prostitution and the sexual exploitation of women and children; 56. Urges Governments to act more forcefully to eliminate traffic in persons, exploitation of the prostitution of others and sexual exploitation through the Internet, and to consider setting up a mechanism aimed at better control of the Internet when abused for those purposes; 57. Recommends that Governments and non-governmental organizations develop and implement educational programmes on the harm caused by trafficking for the purpose of prostitution and sexual exploitation on the mental and physical well-being of women and children; 58. Requests Governments to investigate and use as evidence of crimes and acts of discrimination advertising, correspondence and other communications over the Internet to promote sex trafficking, the exploitation of prostitution, sex tourism, bride trafficking and rape; 59. Calls for new levels of cooperation among Governments and national and regional law enforcement bodies in order to combat the escalating trafficking for the purpose of E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 60 prostitution of women and children, the globalization of this industry and the misuse of the Internet to promote and carry out acts of sex trafficking, sex tourism, sexual violence and sexual exploitation; VIII. IMPLEMENTATION OF THE CONVENTIONS ON SLAVERY 60. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 10.] 61. Recommends that all States which are not parties to the Slavery Convention of 1926, the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery of 1956, the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights be called upon to become parties as soon as possible and to enact any legislation necessary to ensure that their laws conform to the terms of those treaties; 62. Expresses the hope that the Working Group will receive cooperation from all States, particularly the States most concerned, with regard to the annual issue selected by the Working Group; 63. Appeals to non-governmental and intergovernmental organizations to provide information and testimonies with regard to the particular issue selected for consideration at the annual session of the Working Group; IX. MIGRANT WORKERS 64. Strongly condemns practices of unequal treatment of migrant workers and the denial of their human dignity; 65. Decides to continue to give special attention to the situation of migrant workers, in particular domestic workers, and urges Governments to ensure that protective regulations govern their employment situation and provide for safe conditions of work; 66. Takes note of the difficult situation in which migrant workers, especially women and children, are living and of the need for them to be provided with protection with a view to ensuring their fullest human development and participation in the life of their community; 67. Urges States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly in its resolution 45/158 of 18 December 1990; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 61 68. Also urges States to take the necessary measures to prohibit and punish the confiscation of passports belonging to migrant workers, in particular migrant domestic workers; 69. Recommends that non-governmental organizations pay attention to the grave problems affecting migrant workers and provide the Working Group with information in this regard; 70. Decides to consider this issue at its fifty-third session; X. CHILD DOMESTIC WORKERS 71. Urges States, while attempting ultimately to eliminate the phenomenon of child domestic labour by, inter alia, enacting and implementing laws on compulsory and free primary education, to adopt and enforce measures and regulations to protect child domestic workers and to ensure that their labour is not exploited; 72. Recommends that the International Labour Organization give more emphasis to the issue of child domestic workers; 73. Also recommends that the International Labour Organization establish additional country programmes for these children within its International Programme on the Elimination of Child Labour; XI. ELIMINATION OF CHILD LABOUR - A GENDER PERSPECTIVE 74. Urges all States, while attempting ultimately to eliminate the phenomenon of child labour, to adopt measures and regulations to protect child labourers, to ensure that their labour is not exploited and to prohibit their labour in hazardous occupations; 75. Calls upon States to eliminate all discrimination against girls in education, skills development and training; 76. Requests the Secretary-General to invite all States to continue to inform the Working Group of measures adopted to implement the Programme of Action for the Elimination of the Exploitation of Child Labour; 77. Invites the international community to cooperate in developing viable alternatives to child labour, in particular for young girls; XII. FORCED LABOUR 78. Reaffirms once again that forced labour is a contemporary form of slavery; 79. Requests the Working Group to continue to give consideration to this issue at its next session; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 62 XIII. SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY 80. Requests the Secretary-General to invite all States to inform the Working Group of measures adopted to implement the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, the Stockholm Declaration on Commercial Sexual Exploitation of Children and the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and other related developments, and report thereon to the Sub-Commission and the Commission on Human Rights at their next sessions; 81. Requests the Special Rapporteur, within the framework of her mandate, to continue to pay attention to issues relating to the traffic in children, such as organ transplantation, disappearances, the purchase and sale of children, adoption for commercial purposes or exploitation, child prostitution and child pornography; 82. Strongly encourages the Special Rapporteur to participate in the twenty-sixth session of the Working Group, in view of the importance of her contribution to its deliberations; 83. Invites States to consider the establishment of a voluntary fund aimed at assisting the Committee on the Rights of the Child in strengthening implementation of the Optional Protocol, in harmony with provisions of the Convention on the Rights of the Child; 84. Takes note with satisfaction of the decision of the Working Group to examine, as a matter of priority, at its twenty-seventh session in 2002 the issue of the exploitation of children, particularly in the context of prostitution and domestic servitude; XIV. TRAFFIC IN HUMAN ORGANS AND TISSUES 85. Urges States to take measures to investigate the seriousness of the information; XV. MISCELLANEOUS 86. Appeals to all Governments to send observers to the meetings of the Working Group; 87. Encourages youth organizations and young persons from various non-governmental organizations to participate in the meetings of the Working Group; 88. Recommends that the Human Rights Committee, the Committee on Economic, Social and Cultural Rights, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child, when examining the periodic reports of States parties, give particular attention to the implementation of, respectively, articles 8 and 24 of the International Covenant on Civil and Political Rights, articles 10, 12 and 13 of the International Covenant on Economic, Social and Cultural Rights, article 6 of the Convention on the E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 63 Elimination of All Forms of Discrimination against Women and articles 32, 34 and 36 of the Convention on the Rights of the Child, and include in their general comments and recommendations an item concerning contemporary forms of slavery; 89. Also recommends that the supervisory bodies of the International Labour Organization and the Committee on Conventions and Recommendations of the United Nations Educational, Scientific and Cultural Organization give particular attention in their work to the implementation of provisions and standards designed to ensure protection of children and other persons exposed to contemporary forms of slavery, such as the sale of children, child prostitution and child pornography, the exploitation of child labour, bonded labour and the traffic in persons; 90. Requests the Secretary-General to transmit to the committees mentioned above, the special rapporteurs concerned and the Working Group on Enforced or Involuntary Disappearances the recommendations of relevance to them and the report of the Working Group; 91. Also requests the Secretary-General to give effect to his decision to reassign to the Working Group a Professional staff member of the Office of the High Commissioner for Human Rights, as was the case in the past, to work on a permanent basis to ensure continuity and close coordination within and outside the Office on issues relating to contemporary forms of slavery, in accordance with Commission on Human Rights resolutions 1996/61 of 23 April 1996 and 1999/46 of 27 April 1999; 92. Requests the non-governmental organizations to disseminate information about the Working Group as widely as possible; 93. Invites those Governments which have information relating to the priority issue to be discussed at the forthcoming session of the Working Group to assist the Working Group by providing the information either in advance or at that session; 94. Decides, in arranging its agenda, to make provision for adequate discussion of the report of the Working Group near the commencement of each session, thereby strengthening its involvement in the activities of the Working Group. 27th meeting 18 August 2000 [Adopted without a vote. See chap. VIII.] 2000/20. The right to seek and enjoy asylum The Sub-Commission on the Promotion and Protection of Human Rights, Reaffirming the right of everyone lawfully within the territory of a State to liberty of movement and freedom to choose his or her residence and the prohibition of arbitrary E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 64 deprivation of the right to enter one’s own country as set out in article 12 of the International Covenant on Civil and Political Rights and article 13 of the Universal Declaration of Human Rights, Recognizing that practices of forcible exile, mass expulsion and deportation, population transfer, forcible population exchange, unlawful evacuation, eviction and forcible relocation, “ethnic cleansing” and other forms of forcible displacement of populations within a country or across borders not only deprive the affected populations of their rights to freedom of movement but also threaten the peace and security of States, Concerned that policies and practices of forcible displacement and other serious violations of human rights continue to be the major causes of refugee flows and the displacement of persons within States, Recalling the Vienna Declaration and Programme of Action (A/CONF.157/23), adopted by the World Conference on Human Rights, and article 14 of the Universal Declaration of Human Rights, which reaffirm that everyone, without distinction of any kind, is entitled to the right to seek and to enjoy in other countries asylum from persecution, as well as the right to return to one’s own country, Recalling also the principles, standards and norms embodied in international human rights instruments that provide for protection of refugees and asylum-seekers, including the Convention relating to the Status of Refugees, the Protocol thereto, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Reduction of Statelessness and the Convention relating to the Status of Stateless Persons, Reaffirming in particular the importance of the fundamental principle of non-refoulement contained in the Convention relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, Deeply concerned that restrictive policies and practices of many States may lead to difficulties for people to gain effective access to protection in the territory of asylum States while escaping persecution and serious human rights violations in their own countries, noting that such policies and practices, including certain incidents of the detention of asylum-seekers, may be incompatible with the principles of applicable refugee and human rights law, Concerned also by the increasing incidence of racism, racial discrimination, xenophobia and related intolerance which affects non-citizens generally and refugees and asylum-seekers in particular, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 65 Concerned further that asylum-seekers and refugees are not treated humanely and with dignity and in full accordance with their basic human rights, Noting the need further to rationalize and harmonize the various international human rights standards applicable to the access and treatment of asylum-seekers in States of asylum, including standards and conditions of detention, and the need to implement these standards through practical programmes of action in both a regional and a national context, Recognizing that the principle of non-refoulement under the Convention relating to the Status of Refugees and the Protocol thereto and other human rights instruments does not imply any geographical limitation and that, accordingly, the removal of a refugee from one country to a third country which will subsequently send the refugee onward to the place of feared persecution constitutes indirect refoulement in contravention of the above-mentioned international human rights instruments, 1. Urges all States to respect the principle of non-refoulement within their obligations under the Convention relating to the Status of Refugees and the Protocol thereto and other human rights instruments and to safeguard and give effect to the right of everyone to seek and enjoy in other countries asylum from persecution and to take practical measures to ensure that refugees and asylum-seekers are treated with dignity and with full respect for their fundamental human rights; 2. Also urges Governments and other entities, including intergovernmental and non-governmental organizations, to intensify their efforts, including educational and other programmes, to combat racism, racial discrimination, xenophobia and related intolerance against non-nationals and, in particular, asylum-seekers and refugees; 3. Requests the Special Rapporteur on the rights of non-citizens, in consultation with the Offices of the United Nations High Commissioner for Refugees and the United Nations High Commissioner for Human Rights, to continue the examination of the rights of non-citizens, with special attention to the situation of asylum-seekers and refugees, and to make practical recommendations for the further work of the Sub-Commission on this matter; 4. Decides to consider the issue of the right to seek asylum and the treatment of refugees and asylum-seekers and to determine how most effectively to continue its consideration of these issues at its fifty-third session. 27th meeting 18 August 2000 [Adopted without a vote. See chap. XII.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 66 2000/21. Detention of asylum-seekers The Sub-Commission on the Promotion and Protection of Human Rights, Bearing in mind the principles, standards and norms embodied in international instruments relating to the promotion and protection of human rights, in particular the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, in particular articles 7, 9 and 10, the Convention relating to the Status of Refugees of 1951 and its Protocol of 1967, in particular article 31, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in particular articles 3 and 16, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Standard Minimum Rules for the Treatment of Prisoners and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Concerned that certain detention practices and policies may violate international human rights principles, standards and norms, Concerned also that certain detention practices and policies may act to deter a person from seeking refuge from persecution, 1. Expresses deep concern about all persecution, including persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, stated in the Convention and Protocol relating to the Status of Refugees as providing grounds for recognition as a refugee; 2. Encourages the Human Rights Committee and the European Court of Human Rights to continue their examination of the detention of asylum-seekers from whatever regions they come; 3. Welcomes deliberation No. 5 on the situation of immigrants and asylum-seekers of the Working Group on Arbitrary Detention (E/CN.4/2000/4, annex II) and, in particular, the application of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment to immigrants and asylum-seekers in custody; 4. Also welcomes the adoption of the Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers by the Office of the United Nations High Commissioner for Refugees; 5. Commends those States that abide by the Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and the other relevant standards cited in the present resolution; 6. Encourages States to adopt alternatives to detention such as those enumerated in the Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 67 7. Recommends that where detention is employed, States, pursuant to article 35 of the Convention relating to the Status of Refugees, provide the Office of the United Nations High Commissioner for Refugees with information on how detention policies and practices conform to relevant international standards, including the Guidelines; 8. Strongly urges States to abide by their respective international obligations in regard to detention practices and policies in the context of persons seeking asylum and, in particular, urges States to abide by the Convention relating to the Status of Refugees of 1951, in particular article 31, and its Protocol of 1967, the International Covenant on Civil and Political Rights, in particular articles 7, 9 and 10, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in particular articles 3 and 16, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Standard Minimum Rules for the Treatment of Prisoners and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty; 9. Strenuously urges States that have not already done so to abide by the Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers of the Office of the United Nations High Commissioner for Refugees and the other relevant standards cited in the present resolution; 10. Decides to consider the question of the detention of asylum-seekers at its fifty-third session. 27th meeting 18 August 2000 [Adopted without a vote. See chap. XII.] 2000/22. Promotion of dialogue on human rights issues The Sub-Commission on the Promotion and Protection of Human Rights, Reaffirming its commitment to promoting international cooperation, as set forth in the Charter of the United Nations, as well as in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993, Recalling General Assembly resolutions 52/134 of 12 December 1997 and 53/22 of 4 November 1998 and noting Assembly resolution 54/113 of 7 February 2000, entitled “United Nations Year of Dialogue among Civilizations”, Recalling also Commission on Human Rights resolutions 1998/81 of 24 April 1998 and 1999/68 of 28 April 1999 and noting Commission resolution 2000/70 of 26 April 2000, Reaffirming its resolutions 1997/38 of 28 August 1997, 1998/28 of 26 August 1998 and 1999/25 of 26 August 1999, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 68 Welcoming the collective endeavour of the international community to enhance understanding through constructive dialogue among civilizations at the threshold of the third millennium, Recognizing the valuable contribution that dialogue among civilizations can make to improving awareness and understanding of the diverse civilizational achievements and the common values of mankind, Bearing in mind that the international community shall strive by teaching, education and dialogue to promote respect for human rights and fundamental freedoms, Emphasizing the important role of dialogue as a means to strengthen further universal acknowledgement and implementation of human rights and fundamental freedoms, Emphasizing the importance of ensuring the universality, indivisibility, objectivity and non-selectivity of the consideration of human rights issues, 1. Reiterates its commitment to international cooperation in the field of human rights and invites governmental and non-governmental observers of the Sub-Commission to carry out constructive dialogue and consultations on the basis of equality and mutual respect; 2. Endorses the cooperative approach in search of common understanding and reasonable accommodation of divergent views; 3. Decides to continue its consideration of this question and to include in the provisional agenda of its fifty-third session a sub-item entitled “Promotion of dialogue on human rights issues” under the agenda item entitled “Review of further developments in fields with which the Sub-Commission has been or may be concerned”. 27th meeting 18 August 2000 [Adopted without a vote. See chap. XIV.] 2000/23. Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights The Sub-Commission on the Promotion and Protection of Human Rights, Considering that, in accordance with the Charter of the United Nations, the observance of human rights and fundamental freedoms is of major importance in ensuring universal and lasting peace, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 69 Considering also that the United Nations under its Charter has the task of promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion and is to be a centre for harmonizing the actions of nations in the attainment of this end, Considering further that the States Members of the United Nations by the adoption of the Universal Declaration of Human Rights reaffirmed their commitment to the observance of human rights and fundamental freedoms, their faith in the dignity and worth of the human person and in the equal rights of men and women, and their determination to promote, in cooperation with the United Nations, the universal observance of civil and political as well as economic, social and cultural rights, Considering that not all States are as yet parties to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, which have embodied in treaty form the principles and norms contained in the Universal Declaration, and consequently do not report to the United Nations on their observance of fundamental human rights and freedoms, Mindful that States Members of the United Nations, even if they have not ratified the International Covenants on Human Rights have obligations arising from the Charter of the United Nations and from the Universal Declaration to observe and promote human rights and fundamental freedoms, Recalling the working papers prepared by Mr. Vladimir Kartashkin on the subject (E/CN.4/Sub.2/1999/29 and E/CN.4/Sub.2/2000/2), Desiring to provide States which have not ratified the International Covenants on Human Rights with assistance in the promotion and observance of the human rights and fundamental freedoms proclaimed in the Universal Declaration, 1. Requests the United Nations High Commissioner for Human Rights to convene, with the participation of the members of the Sub-Commission, a seminar of States which are not parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, immediately before the fifty-third session of the Sub-Commission, or as soon as possible, with a view to examining comprehensively obstacles to ratification of the Covenants and to looking for ways of surmounting them; 2. Requests the Office of the High Commissioner for Human Rights, with a view to preparing for and holding this seminar, to seek the views of the States concerned and interested non-governmental organizations, and to gather all available information about existing obstacles to effective enjoyment of the human rights and fundamental freedoms embodied in the Universal Declaration of Human Rights and about obstacles to ratification of the Covenants and the measures being taken by States to remove them; 3. Recommends that the participants in the seminar define areas in which assistance from the United Nations may be useful for the States concerned and that they adopt specific E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 70 recommendations on the provision of assistance to those States in meeting their established or stated needs, including technical cooperation and advisory services, thereby contributing to observance of the human rights and fundamental freedoms set forth in the Universal Declaration, as well as ratification of the International Covenants on Human Rights; 4. Also recommends that the participants in the seminar formulate agreed recommendations concerning the creation of a permanent or temporary mechanism for encouraging efforts by States to observe the human rights and fundamental freedoms contained in the Universal Declaration and for encouraging their ratification of the International Covenants on Human Rights; 5. Decides to continue its consideration of this question at its fifty-third session as a matter of priority under a separate item of the agenda; 6. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 11.] 27th meeting 18 August 2000 [Adopted without a vote. See chap. XIV.] 2000/24. Role of universal or extraterritorial competence in preventive action against impunity The Sub-Commission on the Promotion and Protection of Human Rights, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and other relevant human rights instruments, as well as the Vienna Declaration and Programme of Action, especially Part II, paragraph 91, Recalling Commission on Human Rights resolution 2000/68 of 26 April 2000 on impunity, in which the Commission, recognizing the importance of combating impunity for all human rights violations that constitute crimes, expressed its conviction that the practice and expectation of impunity encouraged violations of human rights while bringing perpetrators and their accomplices to account, obtaining justice for their victims and restoring their dignity through acknowledgement and commemoration of their suffering were integral to the promotion and implementation of human rights, Recalling also the principle of universal jurisdiction for crimes against humanity and for war crimes as recognized in international law and practice, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 71 Conscious that, for all perpetrators of such violations, including former heads of State or Government, having to account for their actions constitutes one of the essential elements in preventing, by example, the repetition of such violations by their successors, Noting with interest, in this respect, that recent initiatives taken by victims in bringing legal actions in the framework of extraterritorial competence as provided for by national legislation - with due respect to the right to a fair trial - have interrupted the process of impunity from which General Augusto Pinochet benefited, notwithstanding the many serious, detailed and similar allegations raising issues as to his responsibility as head of State collected by pertinent human rights treaty bodies, as well as by special rapporteurs and working groups of the Commission on Human Rights, Recalling the obligation of States parties to respect and to ensure respect for humanitarian law under the Geneva Conventions, of 12 August 1949, an obligation explicitly provided for in common article 1 thereof, 1. Invites all Governments to cooperate in a reciprocal manner even when there is no treaty to facilitate the task of legal authorities dealing with proceedings initiated by victims acting either within the framework of the principle of universal competence as recognized in international law or under a domestic law which establishes an extraterritorial legal competence, in particular because of the nationality of the victim or of the perpetrator; 2. Believes that, within the framework of such cooperation, the highest priority should be given, independently of the circumstances in which these violations were committed, to legal proceedings against all individuals responsible for war crimes and crimes against humanity, including former heads of State or Government - whose exile serves as a pretext for their impunity - in order, by example, to prevent future human rights violations. 27th meeting 18 August 2000 [Adopted without a vote. See chap. XI.] 2000/25. Adverse consequences of economic sanctions The Sub-Commission on the Promotion and Protection of Human Rights, Affirming the need to respect the principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the relevant provisions of the Hague Convention respecting the Law and Customs of War on Land and its annexed Regulations of 1907, the Geneva Conventions, of 12 August 1949, the two Additional Protocols thereto of 1977 and all customary rules of humanitarian law, Recalling its resolution 1997/35 of 28 August 1997 and its decision 1998/112 of 26 August 1998, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 72 Recalling also its decision 1999/111 of 26 August 1999, in which it requested Mr. Marc Bossuyt to prepare, without financial implications, a working paper on the adverse consequences of economic sanctions on human rights and to submit the working paper at its fifty-second session under the agenda sub-item entitled “Implications of humanitarian activities for the enjoyment of human rights”, Having studied with great interest the working paper (E/CN.4/Sub.2/2000/33) submitted by Mr. Bossuyt, in which he provides a comprehensive review of economic sanctions in the light of existing international law and sets out a formula for evaluating sanctions regimes in the light of international law standards, Aware that certain sanctions regimes must be addressed by relevant United Nations bodies as issues of the greatest urgency in the light of the analysis provided by Mr. Bossuyt, 1. Appeals again to all States concerned to reconsider their adoption of or support for such measures, even when legitimate goals pursued have not yet been achieved, if, after a reasonable period, the measures have not brought about the desired changes in policy; 2. Also appeals to all States concerned to seek prompt termination of all aspects of sanctions regimes that adversely affect human rights, that contravene international law or that conflict with other norms of international law; 3. Expresses its deep gratitude to Mr. Bossuyt for his comprehensive working paper (E/CN.4/Sub.2/2000/33); 4. Decides to transmit the working paper to the Commission on Human Rights; 5. Invites the Commission on Human Rights to give due attention to the issues dealt with in the working paper and to recommend appropriate measures to avoid averse consequences for the enjoyment of human rights in the imposition and maintenance of economic sanctions; 6. Decides to continue its examination of sanctions regimes at its fifty-third session under the agenda item entitled “Economic, social and cultural rights”. 28th meeting 18 August 2000 [Adopted without a vote. See chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 73 2000/26. Reservations to human rights treaties The Sub-Commission on the Promotion and Protection of Human Rights, Recalling the letter addressed by the Chairman of the Committee on the Elimination of Racial Discrimination to the Chairman of the forty-eighth session of the Sub-Commission (E/CN.4/Sub.2/1997/31, annex) containing a proposal that a study be undertaken on reservations to treaties, Noting the concerns about reservations expressed by the Committee on the Elimination of Discrimination against Women and the report of the Secretary-General on the views of the six human rights treaty bodies on the Preliminary Conclusions of the International Law Commission (E/CN.4/Sub.2/1998/25), Recalling that in the Vienna Declaration and Programme of Action, the World Conference on Human Rights emphasized the need to limit the number and scope of reservations to human rights treaties, Recalling also its decision 1998/113 of 26 August 1998 in which it requested Ms. Françoise Hampson to prepare a working paper on the question of reservations to human rights treaties, Recalling its resolution 1999/27 of 26 August 1999 and taking note of Commission on Human Rights decision 2000/108 of 26 April 2000, Welcoming the developing cooperation between the Committee on the Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination against Women and the Sub-Commission on this and other topics of mutual interest, 1. Encourages States to ratify human rights treaties without reservations and those States that have ratified human rights treaties with reservations to remove them as soon as possible; 2. Takes note of the working paper submitted by Ms. Françoise Hampson (E/CN.4/Sub.2/1999/28 and Corr.1) and endorses the conclusions contained therein, including with regard to the importance of undertaking a full study on the issue of reservations to human rights treaties; 3. Decides to appoint Ms. Françoise Hampson as Special Rapporteur with the task of preparing a comprehensive study on reservations to human rights treaties based on her working paper, as well as the comments made and discussions that took place at the fifty-first and fifty-second sessions of the Sub-Commission, which study will not duplicate the work of the International Law Commission, which concerns the legal regime applicable to reservations and interpretative declarations in general, whereas the proposed study involves the examination of the actual reservations and interpretative declarations made to human rights treaties in the light of the legal regime applicable to reservations and interpretative declarations, as set out in the E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 74 working paper, and of submitting a preliminary report to the Sub-Commission at its fifty-third session, a progress report at its fifty-fourth session and a final report at its fifty-fifth session; 4. Requests the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable her to accomplish this task; 5. Requests the Special Rapporteur to seek the advice and cooperation of the Special Rapporteur of the International Law Commission and of all relevant treaty bodies and, to that end, requests the authorization of a meeting between the Special Rapporteur of the Sub-Commission, the Special Rapporteur of the International Law Commission and the Chairpersons of the relevant treaty bodies or their nominees, when both the International Law Commission and the Sub-Commission are in session; 6. Decides to continue its consideration of the question of reservations to human rights treaties at its fifty-third session under the same agenda item; 7. Recommends the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 12.] 28th meeting 18 August 2000 [Adopted without a vote. See chap. XIV.] 2000/27. Continuing obligations under international human rights instruments The Sub-Commission on the Promotion and Protection of Human Rights, Affirming the human rights principles set forth and elaborated within the International Bill of Human Rights and recognizing the responsibility of all nations to promote and protect the human rights of all peoples, Recognizing that as Governments decide to ratify human rights treaties and implement the standards set forth therein, an important progression is made towards the universal promotion and protection of human rights, Recalling the principles established by the Vienna Convention on the Law of Treaties, Acknowledging article 12 of the Optional Protocol to the International Covenant on Civil and Political Rights, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 75 Recalling Commission resolutions 1998/9 and 1998/10 of 3 April 1998, 1999/25 and 1999/41 of 26 April 1999, 1999/78 of 28 April 1999 and 2000/67 of 26 April 2000, in which the Commission encouraged all Governments to ratify the International Covenants on Human Rights and other human rights treaties, Reaffirming its resolution 1999/5 of 25 August 1999, Guided by General Comment 26 of the Human Rights Committee, in which the Committee noted that international law does not permit a State which has ratified or acceded or succeeded to the International Covenant on Civil and Political Rights to denounce it or withdraw from it, Recognizing that withdrawal from a human rights mechanism may or may not be unlawful under the treaty in question, but noting that in practice it has only occurred following a determination of violation of the relevant treaty commitment by the mechanism in question, Convinced that such attempts to withdraw from, or otherwise to modify the scope of obligations under international human rights treaties and monitoring mechanisms seriously weaken the international effort towards the promotion and protection of human rights in all parts of the world, 1. Appeals strongly to all States that have not yet done so to become parties to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as other international and regional human rights treaties; 2. Encourages the full participation of all Member States in the United Nations human rights system, as well as in the regional human rights jurisdictional systems in their respective regions; 3. Invites all States and all relevant United Nations human rights mechanisms and procedures to pay continued attention to the importance of mutual cooperation, understanding and dialogue in ensuring the promotion and protection of human rights; 4. Decides: (a) To recommend that the Commission on Human Rights consider the implications of withdrawal from, or limitation of the scope of international treaty obligations at its next session under item 17 of the provisional agenda on the promotion and protection of human rights; (b) To continue consideration of this question at its fifty-third session under the same agenda item. 28th meeting 18 August 2000 [Adopted without a vote. See chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 76 B. Decisions 2000/101. Establishment of a sessional working group on the working methods and activities of transnational corporations under agenda item 4 (c) At its 2nd meeting, on 1 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to establish a sessional working group to examine the working methods and activities of transnational corporations under agenda item 4 (c), composed of the following members: Mr. Guissé, Mr. Kartashkin, Mr. Park, Mr. Rodríguez-Cuadros and Mr. Weissbrodt. [See chap. III.] 2000/102. Establishment of a sessional working group on the administration of justice under agenda item 9 At its 2nd meeting, on 1 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to establish a sessional working group on the administration of justice under agenda item 9, composed of the following members: Mr. Fix-Zamudio, Ms. Hampson, Mr. Ogurtsov, Mr. Yokota and Ms. Zerrougui. [See chap. III.] 2000/103. The rights of non-citizens At its 17th meeting, on 1 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its decision 1998/103 of 20 August 1998 and its resolution 1999/7 of 25 August 1999, as well as the working paper on the rights of non-citizens submitted by Mr. David Weissbrodt (E/CN.4/Sub.2/1999/7 and Add.1), and noting Commission on Human Rights decision 2000/104 of 25 April 2000 in which it recommended that the Economic and Social Council authorize the Sub-Commission to appoint one of its members as Special Rapporteur with the task of preparing a comprehensive study of the rights of non-citizens, as well as Economic and Social Council decision 2000/283 of 28 July 2000 in which it approved that recommendation, decided, without a vote, to appoint Mr. David Weissbrodt as Special Rapporteur with the task of preparing a comprehensive study of the rights of non-citizens and requested him to submit a preliminary report to the Sub-Commission at its fifty-third session, a progress report at its fifty-fourth session and a final report at its fifty-fifth session. The Sub-Commission also decided to request the Secretary-General to provide the Special Rapporteur with all the assistance necessary to enable him to accomplish this task. [See chap. V.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 77 2000/104. The concept and practice of affirmative action At its 17th meeting, on 11 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its decision 1999/106 of 25 August 1999 and its resolution of 1998/5 of 20 August 1998, Commission on Human Rights resolution 1999/81 of 28 April 1999 and Economic and Social Council decision 1999/253 of 27 July 1999, expressed its appreciation to the Special Rapporteur for his preliminary report on the concept and practice of affirmative action and the related questionnaire (E/CN.4/Sub.2/2000/11 and Corr.1) and decided, without a vote, to request the Secretary-General to remind Governments, international organizations and non-governmental organizations that have received the questionnaire to submit their responses, including information on relevant national documentation on the subject of affirmative action, at their earliest possible convenience. [See chap. V.] 2000/105. Implementation of Commission on Human Rights decision 2000/109 At its 18th meeting, on 14 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, with the object of implementing Commission on Human Rights decision 2000/109 of 26 April 2000, in particular paragraph 52 of the annex, and in conformity with paragraph 2 of Commission resolution 8 (XXIII) of 16 March 1967, decided, without a vote, to include on an experimental basis in its report an extended and objective overview of its discussions on violations of human rights under agenda item 2, to be prepared by the Rapporteur of the Sub-Commission and circulated for the consideration of all the members before its adoption. At its 28th meeting, on 18 August 2000, the Sub-Commission, taking into account the limited time available in which to reach agreement on the structure of the overview and the fact that several members considered that such an overview would not be in conformity with Commission on Human Rights decision 2000/109, decided, without a vote, to revise its decision and not to include in its report an overview of its discussions on human rights violations under agenda item 2 but to request the Commission’s advice as to how the Sub-Commission could best inform the Commission of its deliberations under that item. [See chap. III.] 2000/106. Report of the Chairperson of the Sub-Commission to the Commission on Human Rights At its 25th meeting, on 17 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling Commission on Human Rights resolutions 1996/25 of 19 April 1996, 1997/22 of 11 April 1997, 1998/28 of 17 April 1998 and 1999/81 of 28 April 1999, and other previous resolutions on the work of the Sub-Commission pursuant E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 78 to which a practice has developed whereby the Chairperson of the Sub-Commission has submitted a written report and has reported personally to the Commission on significant aspects of the work of the Sub-Commission, decided, without a vote, in the light of this long practice, to request the Chairperson of the Sub-Commission once again to submit a written report and to report personally to the Commission on Human Rights with regard to significant aspects of the work of the Sub-Commission at the fifty-seventh session of the Commission. [See chap. III.] 2000/107. Draft principles and guidelines for the protection of the heritage of indigenous peoples At its 26th meeting, on 17 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its resolution 1997/13 of 22 August 1997, welcomed the convening of the seminar on the draft principles and guidelines for the protection of the heritage of indigenous people at the United Nations Office at Geneva from 28 February to 1 March 2000 and its report (E/CN.4/Sub.2/2000/26), congratulated the Special Rapporteur, Ms. Erica-Irene A. Daes, for her work and decided, without a vote, to transmit the revised draft principles and guidelines annexed to the report of the seminar to the Commission on Human Rights for its action. [See chap. IX.] 2000/108. Update to the final working paper on indigenous peoples and their relationship to land At its 26th meeting, on 17 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, having considered the final working paper submitted by the Special Rapporteur, Ms. Erica-Irene A. Daes, on indigenous peoples and their relationship to land (E/CN.4/Sub.2/2000/25), having heard the important introductory statement by the Special Rapporteur, and expressing deep appreciation and thanks to the Special Rapporteur for her excellent and constructive final working paper, decided, without a vote: (a) To request the Special Rapporteur to update her final working paper on indigenous peoples and their relationship to land, on the basis of the comments made in the Sub-Commission during its fifty-second session and the replies received from Governments and other reliable sources subsequent to the submission of the final working paper, and to submit her updated final working paper to the Sub-Commission at its fifty-third session; (b) To request the Secretary-General to give the Special Rapporteur any necessary assistance to complete her work. [See chap. IX.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 79 2000/109. The human rights problems and protections of the Roma At its 26th meeting, on 17 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its decision 1999/109 of 26 August 1999 and noting with appreciation the working paper submitted at its fifty-second session by Mr. Y.K.J. Sik Yuen on the human rights problems and protections of the Roma (E/CN.4/Sub.2/2000/28), decided, without a vote, to endorse the conclusions contained therein, including with regard to the importance of undertaking an updated study on the human rights problems and protections of the Roma, and recommended the following draft decision to the Commission on Human Rights for adoption: [For the text, see chap. I, draft decision 13.] [See chap. X.] 2000/110. New sub-item of the agenda on smuggling and trafficking in persons and the protection of their human rights At its 27th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to include in the provisional agenda for its fifty-third session, under the agenda sub-item entitled, “Freedom of movement: the right to leave any country, including one’s own, and to return to one’s own country, and the right to seek asylum from prosecution”, a sub-item entitled “Smuggling and trafficking in persons and the protection of their human rights”. The Sub-Commission also decided, without a vote, to request the Secretary-General to submit a relevant note on this subject to it at its fifty-third session. [See chap. XII.] 2000/111. Human rights and human responsibilities At its 27th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, taking into account the request made by the Commission on Human Rights in paragraph 2 of its resolution 2000/63 of 26 April 2000, decided, by a roll-call vote of 14 votes to 4, with 5 abstentions, to appoint Sub-Commission member Miguel Alfonso Martínez to undertake a study on the issue of human rights and human responsibilities and to request the Commission at its fifty-seventh session to recommend that the Economic and Social Council authorize Mr. Alfonso Martínez to undertake the study and to submit a preliminary report to the Commission at its fifty-eighth session and a final report at its fifty-ninth session. [For the text, see chap. I, draft decision 14.] [See chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 80 2000/112. Humanitarian situation of the Iraqi population At its 27th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its resolution 2000/1 of 11 August 2000 and its decision 1999/110 of 26 August 1999; wishing to reaffirm that measures such as embargoes should be limited in time, should in no way affect innocent civilian populations and, for obvious humanitarian reasons, should be lifted even if the legitimate objectives of the measures have not yet been attained; reaffirming the need to respect the Charter of the United Nations, the Universal Declaration of Human Rights and the relevant provisions of the Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto which prohibit the starving of civilian populations and the destruction of what is indispensable to their survival; noting with grave concern the intense suffering endured by the Iraqi people; noting that in his statement to the Security Council on 24 March 2000 the Secretary-General of the United Nations said that he was particularly concerned about the situation of Iraqi children whose suffering and, in all too many cases, untimely death had been documented in a report prepared by UNICEF in 1999, which showed that, as many observers had reported, infant mortality and morbidity had increased and reached unacceptable levels; noting also that recent information supplied by several United Nations agencies demonstrated that the cumulative effect of the destruction associated with the war and the restrictions imposed on Iraq’s economy and trade had drastically impaired the country’s capacity to ensure the well-being of the population in the 1990s; pointing out that, according to the statistics published so far by the Office of the Iraq Programme of the United Nations, the “oil-for-food” programme was meeting only part of the vital needs of the population and that the Secretary-General of the United Nations, in a letter addressed to the President of the Security Council in January 2000, had indicated that Iraq’s oil industry was in a deplorable state; noting with concern that the standards of living, nutrition and health of the population were continuing to deteriorate and that all economic activities were seriously affected, particularly in the areas of drinking water supply, electricity and agriculture; again considering any embargo that condemns an innocent people to hunger, disease, ignorance and even death to be a flagrant violation of the economic, social and cultural rights and the right to life of the people concerned and of international law, decided, without a vote, to appeal again to the international community, and to the Security Council in particular, for the embargo provisions affecting the humanitarian situation of the population of Iraq to be lifted and to urge the international community and all Governments, including that of Iraq, to alleviate the suffering of the Iraqi population, in particular by facilitating the delivery of food, medical supplies and the wherewithal to meet their basic needs. [See chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 81 2000/113. Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000/L.28 At its 27th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, by 11 votes to 9, with 1 abstention, to adjourn the debate on draft resolution E/CN.4/Sub.2/2000/L.28, entitled “The right of return of displaced persons”, until its fifty-third session. [See chap. XII.] 2000/114. Mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery At its 27th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, considering that colonialism, wars and slavery have constituted mass and flagrant violations of human rights of individuals and peoples and should no longer benefit from impunity, decided, without a vote, to request the Secretary-General to prepare a working document relating to the mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery, including means and proposals which could be adopted in order to provide reparation to the victims of those violations and to honour their memory. [See chap. XI.] 2000/115. Terrorism and human rights At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, recalling its resolution 1999/26 of 26 August 1999 and noting Commission on Human Rights resolution 2000/30 of 20 April 2000 and Economic and Social Council decision 2000/260 of 28 July 2000, decided, without a vote: (a) to request the Special Rapporteur on terrorism and human rights, Ms. Kalliope Koufa, to submit the progress report on her study at its fifty-third session; and (b) to request the Secretary-General to transmit, as soon as possible, the preliminary report on terrorism and human rights (E/CN.4/Sub.2/1999/27) to Governments, specialized agencies and concerned intergovernmental and non-governmental organizations for their comments, information and any relevant data they may wish to provide; to make available to the Special Rapporteur all the information, including a compilation of studies and publications, on the implications of terrorism, as well as the effects of the fight against terrorism, on the full enjoyment of human rights collected by the Secretary-General from all relevant sources, including Governments, specialized agencies, intergovernmental organizations, non-governmental organizations and academic institutions, and E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 82 made available to the relevant special rapporteurs and working groups of the Commission on Human Rights; and to provide the Special Rapporteur with all the assistance necessary for the preparation of her study. [See chap. XIV.] 2000/116. Promotion and consolidation of democracy At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights, taking note of Commission on Human Rights resolution 2000/47 of 25 April 2000, especially the request in paragraph 2 that the Sub-Commission pay due attention to the content of paragraph 1 of resolution 2000/47 in which the Commission listed a group of measures to promote and consolidate democracy, decided, without a vote, to entrust Mr. Manuel Rodríguez-Cuadros with the task of preparing, without financial implications, a working paper on the measures provided in the various international human rights instruments for the promotion and consolidation of democracy, taking into account paragraph 1 of Commission resolution 2000/47, for submission to the Sub-Commission at its fifty-third session. [See chap. XIV.] 2000/117. Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000/L.40 At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to adjourn the debate on draft resolution E/CN.4/Sub.2/2000/L.40, entitled “State cooperation with United Nations human rights mechanisms”, until its fifty-third session. [See chap. XIV.] 2000/118. Adjournment of the debate on the draft decision entitled “The adverse effects on human rights of the proliferation and transfer of small arms and light weapons” At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to adjourn the debate on the draft decision entitled “The adverse effects on human rights of the proliferation and transfer of small arms and light weapons” until its fifty-third session. [See chap. XIV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 83 2000/119. Composition of working groups of the Sub-Commission for 2001 At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to approve the following composition of its working groups for 2001: Regional group Minorities Slavery Indigenous Populations Communications Africa Mr. Sik Yuen Ms. Warzazi Mr. Guissé Mr. Yimer Ms. Zerrougui (alternate) Mr. Oloka-Onyango (alternate) Ms. Mbonu (alternate) Ms. Warzazi (alternate) Asia Mr. Sorabjee Mr. Goonesekere Mr. Yokota Mr. Fan Guoxiang Ms. Udagama (alternate) Ms. Chung (alternate) Ms. Terao (alternate) Eastern Europe Mr. Kartashkin Mr. Ogurtsov Ms. Motoc Mr. Ramishvili Ms. Motoc (alternate) Ms. Sandru-Popescu (alternate) Mr. Ogurtsov (alternate) Mr. Kartashkin (alternate) Latin America Mr. Bengoa Mr. Pinheiro Mr. Alfonso Martínez Mr. Rodríguez-Cuadros Mr. Alfonso Martínez (alternate) Mr. Fix-Zamudio (alternate) Mr. Bengoa (alternate) Mr. Pinheiro (alternate) Western Europe Mr. Eide Mr. van Hoof Ms. Daes Mr. Joinet Ms. Koufa (alternate) Ms. Frey (alternate) Ms. Hampson (alternate) Mr. Weissbrodt (alternate) [See chap. III.] 2000/120. Items proposed by the Bureau for the draft provisional agenda of the fifty-third session of the Sub-Commission At its 28th meeting, on 18 August 2000, the Sub-Commission on the Promotion and Protection of Human Rights decided, without a vote, to take note of the following draft provisional items for the agenda of its fifty-third session on the understanding that sub-items would be decided upon at the time of the adoption of the provisional agenda of the fifty-third session: 1. Organization of work. 2. 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: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII). E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 84 3. Administration of justice. 4. Economic, social and cultural rights. 5. Prevention of discrimination and protection of indigenous peoples and minorities. 6. Other issues. 7. Concluding items. [See chap. XV.] E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 85 III. ORGANIZATION OF WORK: (a) ELECTION OF OFFICERS; (b) ADOPTION OF THE AGENDA; (c) METHODS OF WORK OF THE SUB-COMMISSION Opening and duration of the session and number of meetings 1. The Sub-Commission on the Promotion and Protection of Human Rights held its fifty-second session at the United Nations Office at Geneva from 31 July to 18 August 2000. It held 28 meetings (see E/CN.4/Sub.2/2000/SR.1-28). 2. The session was opened by Mr. Ribot Hatano, Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights at its fifty-first session, who made a statement. 3. The United Nations High Commissioner for Human Rights, Ms. Mary Robinson, addressed the Sub-Commission at its 1st meeting, on 31 July 2000. Attendance 4. The session was attended by members of the Sub-Commission, by observers for States Members of the United Nations, by observers for non-member States and by observers for intergovernmental organizations, United Nations bodies, specialized agencies, other organizations and non-governmental organizations. The attendance list is given in annex III to the present report. Resolutions and documentation 5. The Sub-Commission adopted 27 resolutions and took 20 decisions. The texts of these resolutions and decisions appear in chapter II, sections A and B, respectively. Draft decisions for action or consideration by the Commission on Human Rights are set out in chapter I. For a list of resolutions and decisions adopted by the Sub-Commission see annex VIII to the present report. 6. Information concerning the administrative and programme budget implications of the resolutions and decisions adopted by the Sub-Commission at its fifty-second session is provided in annex IV. 7. A list of the resolutions and decisions referring to matters drawn to the attention of the Commission on Human Rights is contained in annex V. 8. A list of studies completed at the fifty-second session, of ongoing studies, of working papers entrusted to members and of studies recommended for approval, drawn up in accordance with Commission on Human Rights resolution 1982/23, appears in annex VI. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 86 9. A list of documents for the fifty-second session of the Sub-Commission appears in annex VII. Written communications submitted by Governments and non-governmental organizations for circulation at the session are also mentioned in annex VII. A. Election of officers 10. At its 1st meeting, on 31 July 2000, the Sub-Commission elected the following officers by acclamation: Chairperson: Ms. Iulia Antoanella Motoc Vice-Chairpersons: Ms. Erica-Irene Daes Mr. Joseph Oloka-Onyango Mr. Manuel Rodríguez-Cuadros Rapporteur: Mr. Rajendra Kalidas Wimala Goonesekere B. Adoption of the agenda 11. At the same meeting, the Sub-Commission had before it a note by the Secretary-General containing the provisional agenda for the fifty-second session (E/CN.4/Sub.2/2000/1), drawn up in accordance with rule 5 of the rules of procedure of the functional commissions of the Economic and Social Council, on the basis of the draft provisional agenda considered by the Sub-Commission at its fifty-first session in accordance with paragraph 3 of Economic and Social Council resolution 1894 (LVII). 12. The agenda, as amended (see annex I), was adopted without a vote. C. Methods of work of the Sub-Commission 13. At the 1st meeting, the Chairperson of the fifty-sixth session of the Commission on Human Rights, Mr. Shambhu Ram Shimkhada, addressed the Sub-Commission, in accordance with Commission resolution 2000/83. 14. The Sub-Commission considered sub-item 1 (c) of the agenda at its 2nd and 3rd meetings, on 1 and 2 August, at its 18th meeting, on 14 August, and at its 25th and 28th meetings, on 17 and 18 August 2000. 15. In the general debate on agenda item 1, statements were made by members of the Sub-Commission. For a list of speakers, see annex II. Conduct of business 16. At its 2nd meeting, on 1 August 2000, the Sub-Commission considered the organization of its work and conduct of business. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 87 17. Upon the recommendation of its officers, the Sub-Commission decided, without a vote, the following with respect to sessional working groups: (a) To establish a sessional working group to examine the working methods and activities of transnational corporations under agenda item 4 (c), composed of the following members: Mr. Guissé, Mr. Kartashkin, Mr. Park, Mr. Rodríguez-Cuadros and Mr. Weissbrodt. For the text of the decision, see chapter II, section B, decision 2000/101; (b) To establish a sessional working group on the administration of justice under agenda item 9, composed of the following members: Mr. Fix-Zamudio, Ms. Hampson, Mr. Ogurtsov, Mr. Yokota and Ms. Zerrougui. For the text of the decision, see chapter II, section B, decision 2000/102. 18. The Sub-Commission accepted the recommendations of its officers regarding limitation of the frequency and duration of statements, bearing in mind that the present Sub-Commission session would be 25 per cent shorter than in previous years. Members of the Sub-Commission would be entitled to make one or more statements of 10 minutes per item. Observers for non-governmental organizations would be limited to one statement of 7 minutes per item and of 15 minutes for joint statements (minimum of three non-governmental organizations). Government observers would be limited to one statement of 5 minutes per item. That speaking time would also apply to observers for intergovernmental organizations, United Nations bodies, specialized agencies and other organizations. 19. The Sub-Commission also accepted the recommendation that special rapporteurs should limit their statements to 15 minutes, to be divided between the introduction of the report and the concluding remarks. 20. It was agreed that, with regard to statements by government observers equivalent to a right of reply, a limitation to two replies, of 3 minutes for the first and of 3 minutes for the second, at the end of the general debate on any particular item(s), would be observed. 21. It was also agreed that the list of speakers would be opened at the beginning of the session for all participants to be inscribed for all agenda items. It was further agreed that if the list of speakers had not been exhausted during a particular meeting, the remaining speakers would be given the floor, in the same order, as the first speakers at the next meeting. The closure of the list of speakers on any particular item(s) would be announced by the Chairperson in advance, normally at the beginning of the consideration of each agenda item. 22. It was also agreed that if there were no more speakers on the agenda item during a particular meeting, the Sub-Commission would take up the next item on its calendar without closing the discussion on the preceding item, if deemed necessary. 23. It was also agreed that, in order to respect editorial and other requirements, draft resolutions and decisions should be submitted at least three working days before the date on E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 88 which they were scheduled to be considered. The deadlines for the submission of draft resolutions would be set by the Chairperson in consultation with the Bureau and announced sufficiently in advance. 24. Also at its 2nd meeting, the Sub-Commission approved, as amended, the timetable for the consideration of agenda items proposed by the Bureau. 25. At its 22nd meeting, on 15 August 2000, the Sub-Commission accepted further recommendations of its officers regarding time management. Regarding speaking time, it was agreed that, in order to catch up with the timetable, the speaking time for all observers would be reduced to 5 minutes per item. If the Sub-Commission was unable to catch up, further limitation of speaking time would be envisaged. 26. At its 23rd meeting, on 16 August 2000, the Sub-Commission accepted further recommendations of its officers regarding time management. Regarding speaking time, it was agreed that, in order to catch up with the timetable, the speaking time for all members would be reduced to 7 minutes per item and 10 minutes per item for presentation of working papers. The speaking time for all observers would be reduced to 3 minutes per item. Other matters 27. At the 1st meeting, on 31 July 2000, at the proposal of the outgoing Chairperson, Mr. Hatano, the Sub-Commission observed a minute of silence in memory of Mr. Alberto Díaz Uribe, alternate expert from Colombia, and Mr. Zhong Shukong, alternate expert from China, who had passed away. 28. At the same meeting, in accordance with decision 1994/103 of the Sub-Commission and the proposal of the Chairperson, the Sub-Commission observed a minute of silence in honour of the victims of all forms of violations of human rights in all regions of the world. Implementation of Commission on Human Rights decision 2000/109 29. At its 18th meeting, on 14 August 2000, the Sub-Commission considered a draft decision on the implementation of Commission on Human Rights decision 2000/109, submitted by Mr. Rodríguez-Cuadros. 30. The draft decision was orally amended by Mr. Guissé. 31. Statements in connection with the draft decision were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Preware, Mr. Rodríguez-Cuadros, Mr. Yimer and Mr. Yokota. 32. The draft decision, as amended, was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/105. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 89 33. At its 28th meeting, Mr. Eide proposed, in view of developments since the 18th meeting, to amend the draft decision on the implementation of Commission on Human Rights decision 2000/109 by adding a new paragraph at the end of the draft decision. 34. Statements in this connection were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Rodríguez-Cuadros, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota. 35. The amendment was adopted and incorporated in the text of decision 2000/105. Report of the Chairperson of the Sub-Commission to the Commission on Human Rights 36. At its 25th meeting, on 17 August 2000, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.6, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. 37. A statement in connection with the draft decision was made by Mr. Weissbrodt. 38. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/106. Creation of a pre-sessional working group on the administration of justice 39. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.30, sponsored by Mr. Fix-Zamudio, Ms. Hampson, Mr. Ogurtsov, Mr. Yokota and Ms. Zerrougui. Mr. Alfonso Martínez and Ms. Daes subsequently joined the sponsors. 40. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Eide, Mr. Guissé, Mr. Joinet, Ms. Hampson and Mr. Yokota. 41. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/5. Composition of working groups of the Sub-Commission for 2001 42. At its 25th meeting, on 17 August 2000, the Sub-Commission considered a draft decision on the composition of the inter-sessional and pre-sessional working groups of the Sub-Commission. Consideration of the draft decision was postponed. 43. At its 28th meeting, on 18 August 2000, the draft decision was adopted without a vote. 44. For the text of the decision, see chapter II, section B, decision 2000/119. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 90 IV. 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: REPORT OF THE SUB-COMMISSION UNDER COMMISSION ON HUMAN RIGHTS RESOLUTION 8 (XXIII) 45. The Sub-Commission considered agenda item 2 at its 3rd to 6th meetings, on 2, 3 and 4 August, and at its 17th meeting, on 11 August 2000. 46. For the list of documents issued under agenda item 2, see annex VII to the present report. 47. In the general debate on agenda item 2, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. 48. At the 3rd meeting, on 2 August 2000, a statement was made by Mr. Mahamat Hassan Abakar, Chairperson of the International Commission of Inquiry for Togo. Human rights and humanitarian consequences of sanctions, including embargoes 49. At its 17th meeting, on 11 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.9, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Ms. Mbonu, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Sik Yuen, Mr. Sorabjee, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Joinet and Ms. Warzazi subsequently joined the sponsors. Mr. Weissbrodt subsequently withdrew as a sponsor. 50. Ms. Daes orally revised the sixth preambular paragraph and operative paragraph 1 (b). 51. Mr. Kartashkin orally revised operative paragraph 1 (b) and operative paragraph 2. 52. Ms. Warzazi orally revised the fourth and sixth preambular paragraphs and revised operative paragraph 1. 53. Mr. Joinet orally revised the sixth preambular paragraph. 54. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Fan Guoxiang, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Park, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi and Mr. Weissbrodt. 55. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/1. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 91 V. COMPREHENSIVE EXAMINATION OF THEMATIC ISSUES RELATING TO THE ELIMINATION OF RACIAL DISCRIMINATION: (a) SITUATION OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES; (b) XENOPHOBIA; (c) WORLD CONFERENCE AGAINST RACISM, RACIAL DISCRIMINATION, XENOPHOBIA AND RELATED INTOLERANCE 56. The Sub-Commission considered agenda item 3 at its 6th to 9th meetings, on 4, 7 and 8 August, and at its 17th meeting, on 11 August 2000. 57. For the list of documents issued under agenda item 3, see annex VII to the present report. 58. At the 6th meeting, on 4 August 2000, Mr. Marc Bossuyt, Special Rapporteur on the concept and practice of affirmative action, presented his preliminary report (E/CN.4/Sub.2/2000/11 and Corr.1). At the 7th meeting, on 7 August 2000, Mr. Bossuyt made his concluding remarks. 59. At the 7th meeting, on 7 August 2000, Mr. Paulo Sérgio Pinheiro made a statement regarding the working paper that the Sub-Commission, in its resolutions 1998/6 and 1999/6, had requested him to prepare on proposals for the work of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (A/CONF.189/PC.1/13/Add.1). 60. In the general debate on agenda item 3, statements were made by members of the Sub-Commission and observers for Governments, intergovernmental organizations, United Nations bodies, specialized agencies, other organizations and non-governmental organizations. For a detailed list of speakers, see annex II. The rights of non-citizens 61. At the 17th meeting, on 11 August 2000, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.7, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. 62. Statements in connection with the draft decision were made by Mr. Alfonso Martínez and Mr. Yokota. 63. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/103. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 92 The concept and practice of affirmative action 64. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.8, sponsored by Ms. Daes, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Park, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Mr. Weissbrodt, Mr. Yimer and Ms. Zerrougui. Mr. Alfonso Martínez , Mr. Joinet and Mr. Yokota subsequently joined the sponsors. 65. Statements in connection with the draft decision were made by Mr. Ogurtsov and Mr. Weissbrodt. 66. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/104. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers 67. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.12, sponsored by Mr. Alfonso Martínez, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Mr. Rodríguez-Cuadros, Ms. Warzazi, Mr. Yimer and Ms. Zerrougui. Mr. Bengoa and Mr. Joinet subsequently joined the sponsors. 68. Statements in connection with the draft resolution were made by Mr. Joinet and Ms. Warzazi. 69. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/2. World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 70. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.13, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Joinet and Mr. Oloka-Onyango subsequently joined the sponsors. 71. Mr. Park proposed to delete the fourth preambular paragraph. 72. Ms. Daes orally revised subparagraph (f) of the fourteenth preambular paragraph. 73. Mr. Joinet orally revised subparagraph (e) of the fourteenth preambular paragraph. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 93 74. Statements in connection with the draft resolution were made by Mr. Fan Guoxiang, Mr. Joinet, Ms. Mbonu, Mr. Ogurtsov, Mr. Pinheiro, Mr. Weissbrodt, Ms. Warzazi and Mr. Yokota. 75. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/3. Discrimination based on work and descent 76. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.14, sponsored by Mr. Fix-Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. Joinet, Mr. Park and Mr. Yokota. Ms. Daes, Mr. Eide and Mr. Pinheiro subsequently joined the sponsors. 77. Ms. Warzazi proposed to replace the word “occupation” by the word “work” in the draft resolution. 78. Ms. Hampson orally revised operative paragraphs 2 and 3. 79. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Eide, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. Joinet, Ms. Mbonu, Mr. Rodríguez-Cuadros and Mr. Yimer. 80. The draft resolution, as revised and amended, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/4. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 94 VI. THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS: (a) THE INTERNATIONAL ECONOMIC ORDER AND THE PROMOTION OF HUMAN RIGHTS; (b) THE REALIZATION OF THE RIGHT TO DEVELOPMENT; (c) THE QUESTION OF TRANSNATIONAL CORPORATIONS; (d) THE REALIZATION OF THE RIGHT TO EDUCATION, INCLUDING EDUCATION IN HUMAN RIGHTS 81. The Sub-Commission considered agenda item 4 at its 9th to 12th meetings, on 8 and 9 August, and at its 25th meeting, on 17 August 2000. 82. For the list of documents issued under agenda item 4, see annex VII to the present report. 83. At the 9th meeting, on 8 August 2000: (a) Mr. Joseph Oloka-Onyango and Ms. Deepika Udagama, Special Rapporteurs to undertake a study on the issue of globalization and its impact on the full enjoyment of all human rights, presented their joint preliminary report (E/CN.4/Sub.2/2000/13). At the 12th meeting, on 9 August 2000, Mr. Oloka-Onyango and Ms. Udagama made their concluding remarks; (b) Mr. El Hadji Guissé presented the supplement to his working paper on the promotion of the realization of the right to drinking water supply and sanitation services (E/CN.4/Sub.2/2000/16 and Corr.1). At the 12th meeting, on 9 August 2000, Mr. Guissé made his concluding remarks. 84. At the 12th meeting, on 9 August 2000, Mr. Guissé, Chairperson-Rapporteur of the sessional working group on the working methods and activities of transnational corporations, presented the report of the working group on its second session (E/CN.4/Sub.2/2000/12). 85. In the general debate on agenda item 4, statements were made by members of the Sub-Commission and observers for Governments, intergovernmental organizations, United Nations bodies, specialized agencies, other organizations and non-governmental organizations. For a detailed list of speakers, see annex II. The Social Forum 86. At the 25th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.16, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 95 87. Statements in connection with the draft resolution were made by Mr. Bengoa and Ms. Mbonu. 88. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/6. Intellectual property rights and human rights 89. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.20, sponsored by Ms. Daes, Mr. Eide, Mr. Goonesekere, Mr. van Hoof, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Joinet subsequently joined the sponsors. 90. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide, Mr. Fan Guoxiang, Mr. Guissé, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Oloka-Onyango, Mr. Rodríguez-Cuadros, Ms. Warzazi and Mr. Yimer. 91. Operative paragraphs 1, 4 and 5 of the draft resolution were orally amended by Ms. Hampson. She further amended the draft resolution by inserting a new operative paragraph after operative paragraph 5. 92. A new operative paragraph 15 was proposed by Ms. Warzazi. 93. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/7. Promotion of the realization of the right to drinking water supply and sanitation 94. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.23, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. 95. Statements in connection with the draft resolution were made by Mr. Guissé, Mr. Joinet, Ms. Warzazi and Mr. Weissbrodt. 96. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/8. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 96 Optional protocol to the International Covenant on Economic, Social and Cultural Rights 97. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.36 sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. 98. Statements in connection with the draft resolution were made by Mr. Joinet and Mr. Pinheiro. 99. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/9 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 97 VII. THE IMPLEMENTATION OF HUMAN RIGHTS WITH REGARD TO WOMEN: (a) TRADITIONAL PRACTICES AFFECTING THE HEALTH OF WOMEN AND THE GIRL CHILD; (b) THE ROLE AND EQUAL PARTICIPATION OF WOMEN IN DEVELOPMENT 100. The Sub-Commission considered agenda item 5 at its 13th to 14th meetings, on 10 August, and at its 25th and 26th meetings, on 17 August 2000. 101. For the list of documents issued under agenda item 5, see annex VII to the present report. 102. At the 13th meeting, on 10 August 1999, Ms. Halima Embarek Warzazi, Special Rapporteur on traditional practices affecting the health of women and the girl child, presented her fourth report (E/CN.4/Sub.2/2000/17). At the 14th meeting, on 10 August 2000, Ms. Warzazi made her concluding remarks. 103. In the general debate on agenda item 5, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. Traditional practices affecting the health of women and the girl child 104. At the 25th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.3, sponsored by Ms. Daes. Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Ms. Frey, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Yimer, Mr. Yokota and Ms. Zerrougui subsequently joined the sponsors. 105. Ms. Daes orally revised operative paragraphs 1 and 3 of the draft resolution. She further revised the draft resolution by inserting a new operative paragraph after operative paragraph 9. 106. A statement in connection with the draft resolution was made by Ms. Hampson. 107. The resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/10. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 98 Situation of women and girls in territories controlled by Afghan armed groups 108. At the 25th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.24 sponsored by Mr. Bengoa, Mr. Goonesekere, Mr. Guissé, Mr. Joinet, Mr. Pinheiro, Mr. Rodriguez-Cuadros, Ms. Warzazi and Mr. Yimer. Ms. Daes, Mr. Sik Yuen and Ms. Zerrougui subsequently joined the sponsors. 109. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Pinheiro, Mr. Rodriguez-Cuadros, Ms. Warzazi and Mr. Weissbrodt. 110. At its 26th meeting, on 17 August 2000, the Sub-Commission resumed consideration of draft resolution E/CN.4/Sub.2/2000/L.24. 111. Ms. Warzazi orally revised the second preambular paragraph as well as operative paragraphs 1, 5, 6, 7, 8 and 9 of the draft resolution. She further revised the draft resolution by deleting the fourth preambular paragraph and replacing the word “Afghanistan” by the words “in the territories controlled by the armed Afghan groups” in the title of the draft resolution. 112. Statements in connection with the draft resolution were made by Mr. Fan Guoxiang, Mr. Goonesekere, Mr. Joinet, Mr. Kartashkin, Mr. Weissbrodt and Ms. Zerrougui. 113. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/11. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 99 VIII. CONTEMPORARY FORMS OF SLAVERY 114. The Sub-Commission considered item 6 at its 14th and 15th meetings, on 10 August, and at its 26th and 27th meetings, on 17 and 18 August 2000. 115. For the list of documents issued under agenda item 6, see annex VII to the present report. 116. At the 14th meeting, on 10 August 2000: (a) Ms. Halima Embarak Warzazi, Chairperson-Rapporteur of the Working Group on Contemporary Forms of Slavery, presented the report of the Working Group on its twenty-fifth session (E/CN.4/Sub.2/2000/23); (b) Mr. David Weissbrodt presented the working paper, which he had prepared jointly with Anti-Slavery International, containing an updated review of the implementation of and follow-up to the conventions on slavery (E/CN.4/Sub.2/2000/3 and Add.1). At the 15th meeting, on 10 August 2000, Mr. Weissbrodt made his concluding remarks; (c) Mr. Weissbrodt, in the absence of Ms. Gay J. McDougall, Special Rapporteur on systematic rape, sexual slavery and slavery-like practices during armed conflict, presented the update to her final report (E/CN.4/Sub.2/2000/21). 117. In the general debate on agenda item 6, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. United Nations Voluntary Trust Fund on Contemporary Forms of Slavery 118. At the 26th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.2, sponsored by Ms. Warzazi. Mr. Weissbrodt and Mr. Yokota subsequently joined the sponsors. 119. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/12. Systematic rape, sexual slavery and slavery-like practices 120. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.15, sponsored by Ms. Chung, Ms. Frey and Mr. Yokota. 121. Statements in connection with the draft resolution were made by Ms. Frey and Ms. Hampson. 122. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/13. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 100 Report of the Working Group on Contemporary Forms of Slavery 123. At the 27th meeting, on 18 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L. 22 sponsored by Ms. Warzazi. Mr. Alfonso Martinez, Ms. Daes, Mr. Fan Guoxiang, Mr. Joinet, Mr. Oloka-Onyango, Mr. Rodríguez-Cuadros, Mr. Weissbrodt and Mr. Yokota subsequently joined the sponsors. 124. A statement in connection with the draft resolution was made by Ms. Warzazi. 125. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/19. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 101 IX. HUMAN RIGHTS OF INDIGENOUS PEOPLES: (a) INDIGENOUS PEOPLES AND THEIR RELATIONSHIP TO LAND 126. The Sub-Commission considered agenda item 7 at its 16th meeting, on 11 August, at its 18th meeting, on 14 August, and at its 26th meeting, on 17 August 2000. 127. For the list of documents issued under agenda item 7, see annex VII to the present report. 128. At the 16th meeting, on 11 August 2000: (a) Mr. Miguel Alfonso Martínez, Chairperson-Rapporteur of the Working Group on Indigenous Populations, presented the report of the Working Group on its eighteenth session (E/CN.4/Sub.2/2000/24). At the 18th meeting, on 14 August 2000, Mr. Alfonso Martínez made his concluding remarks; (b) Ms. Erica-Irene Daes, Special Rapporteur on the protection of the heritage of indigenous peoples, presented the report of the seminar on the draft principles and guidelines for the protection of the heritage of indigenous peoples, held in Geneva from 28 February to 1 March 2000 (E/CN.4/Sub.2/2000/26). At the 18th meeting, on 14 August 2000, Ms. Daes made her concluding remarks. 129. At the 18th meeting, on 14 August 2000: (a) Ms. Daes, Special Rapporteur on indigenous peoples and their relationship to land, presented her final working paper on this question (E/CN.4/Sub.2/2000/25). At the same meeting Ms. Daes made her concluding remarks; (b) Ms. Daes presented the report on her visit to Mexico, from 28 January to 14 February 2000 (E/CN.4/Sub.2/2000/CRP.1, subsequently issued as document E/CN.4/Sub.2/2000/40). At the same meeting Ms. Daes made her concluding remarks. 130. In the general debate on agenda item 7, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. Draft principles and guidelines for the protection of the heritage of indigenous peoples 131. At the 26th meeting, on 17 August 2000, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.19, sponsored by Ms. Warzazi. Mr. Guissé and Ms. Zerrougui subsequently joined the sponsors. 132. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/107. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 102 Working Group on Indigenous Populations 133. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L. 37 sponsored by Mr. Alfonso Martínez, Ms. Daes, Mr. Guissé and Mr. Yokota. Mr. Joinet and Mr. Rodriguez-Cuadros subsequently joined the sponsors. 134. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Eide, Mr. Guissé, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Ms. Warzazi and Mr. Yokota. 135. Mr. Eide orally amended operative paragraph 4. 136. Mr. Yokota orally revised operative paragraph 18 of the draft resolution. Operative paragraph 18 of the draft resolution was further amended by Ms. Warzazi. 137. The draft resolution, as revised and amended, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/14. International Decade of the World’s Indigenous People 138. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.38, sponsored by Mr. Alfonso Martínez, Ms. Daes, Mr. Guissé and Mr. Yokota. Mr. Weissbrodt subsequently joined the sponsors. 139. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Eide and Mr. Yokota. 140. Operative paragraph 9 of draft resolution E/CN.4/Sub.2/2000/L.38 was orally amended by Mr. Weissbrodt. The paragraph was further amended by Mr. Eide. 141. The draft resolution, as amended, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/15. Update to the final working paper on indigenous peoples and their relationship to land 142. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.43 sponsored by Mr. Eide, Ms. Warzazi, Mr. Weissbrodt, Mr. Yokota and Ms. Zerrougui. Mr. Joinet subsequently joined the sponsors. 143. Statements in connection with the draft decision were made by Ms. Daes, Mr. Guissé, Mr. Joinet and Mr. Weissbrodt. 144. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/108. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 103 X. PREVENTION OF DISCRIMINATION AGAINST AND THE PROTECTION OF MINORITIES 145. The Sub-Commission considered agenda item 8 at its 18th to 20th meetings, on 14 August, and at its 26th meeting, on 17 August 2000. 146. For the list of documents issued under agenda item 8, see annex VII to the present report. 147. At the 18th meeting, on 14 August 2000, Mr. Asbjørn Eide, Chairperson-Rapporteur of the Working Group on Minorities, presented the report of the Working Group on its sixth session (E/CN.4/Sub.2/2000/27). At the 20th meeting, on 14 August 2000, Mr. Eide made his concluding remarks. 148. At the 19th meeting, on 14 August 2000: (a) Mr. Yeung Kam Yeung Sik Yuen presented his working paper on the human rights problems and protections of the Roma (E/CN.4/Sub.2/2000/28). At the same meeting Mr. Sik Yuen made his concluding remarks; (b) Mr. Eide and Ms. Erica-Irene Daes presented their joint working paper on the relationship and distinction between the rights of persons belonging to minorities and those of indigenous peoples (E/CN.4/Sub.2/2000/10). 149. In the general debate on agenda item 8, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. The human rights problems and protections of the Roma 150. At its 26th meeting, on 17 August 2000, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.21, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yokota and Ms. Zerrougui. Mr. Joinet and Mr. Yimer subsequently joined the sponsors. 151. Statements in connection with the draft decision were made by Mr. Joinet and Mr. Sik Yuen. 152. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/109. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 104 The rights of minorities 153. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.27 sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yokota and Ms. Zerrougui. Mr. Alfonso Martínez, Mr. Guissé and Mr. Ogurtsov subsequently joined the sponsors. 154. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez and Mr. Eide. 155. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/16. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 105 XI. THE ADMINISTRATION OF JUSTICE AND HUMAN RIGHTS: (a) QUESTION OF HUMAN RIGHTS AND STATES OF EMERGENCY; (b) APPLICATION OF INTERNATIONAL STANDARDS CONCERNING THE HUMAN RIGHTS OF DETAINED JUVENILES; (c) GROSS AND MASSIVE VIOLATIONS OF HUMAN RIGHTS AS AN INTERNATIONAL CRIME; (d) JUVENILE JUSTICE; (e) PRIVATIZATION OF PRISONS; (f) INDIVIDUALIZATION OF PROSECUTION AND PENALTIES, AND REPERCUSSIONS OF VIOLATIONS OF HUMAN RIGHTS ON FAMILIES. 156. The Sub-Commission considered agenda item 9 at its 21st and 22nd meetings, on 15 August, and at its 26th and 27th meetings, on 17 and 18 August 2000. 157. For the list of documents issued under agenda item 9, see annex VII to the present report. 158. At the 21st meeting, on 15 August 2000, Mr. Yozo Yokota, Chairperson-Rapporteur of the sessional working group on the administration of justice, presented the report of the working group (E/CN.4/Sub.2/2000/44). 159. In the general debate on agenda item 9, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. The death penalty in relation to juvenile offenders 160. At its 26th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.29, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Alfonso Martínez subsequently joined the sponsors. 161. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu and Ms. Warzazi. 162. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/17. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 106 Role of universal or extraterritorial competence in preventive action against impunity 163. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.31, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen and Mr. Yokota. 164. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide, Mr. Fan Guoxiang, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Ogurtsov, Mr. Ramishvili, Mr. Rodríguez-Cuadros, Ms. Warzazi, Mr. Yokota and Ms. Zerrougui. 165. At the request of Mr. Guissé and Mr. Joinet, consideration of draft resolution E/CN.4/Sub.2/2000/L.31 was postponed. 166. At the 27th meeting, on 18 August 2000, the Sub-Commission resumed consideration of draft resolution E/CN.4/Sub.2/2000/L.31. 167. Mr. Joinet orally revised the fourth and fifth preambular paragraphs and operative paragraphs 1 and 2 of the draft resolution. 168. Statements in connection with the draft resolution were made by Mr. Guissé, Ms. Warzazi and Mr. Weissbrodt. 169. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/24. Question of enforced disappearances 170. At its 26th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.42 sponsored by Mr. Alfonso-Martínez, Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota. Mr. Bengoa subsequently joined the sponsors. 171. Mr.Weissbrodt orally revised the title of the draft resolution by deleting the words “or involuntary”. 172. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/18. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 107 Mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery 173. At its 27th meeting, on 18 August 2000, the Sub-Commission considered a draft decision on gross and massive violations of human rights as an international crime, sponsored by Mr. Joinet, Mr. Rodríguez-Cuadros and Ms. Warzazi. 174. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/114. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 108 XII. FREEDOM OF MOVEMENT: (a) THE RIGHT TO LEAVE ANY COUNTRY, INCLUDING ONE’S OWN, AND TO RETURN TO ONE’S OWN COUNTRY, AND THE RIGHT TO SEEK ASYLUM FROM PERSECUTION; (b) HUMAN RIGHTS AND POPULATION DISPLACEMENTS 175. The Sub-Commission considered agenda item 10 at its 22nd meeting, on 15 August, at its 23rd and 24th meetings, on 16 August, at its 26th meeting, on 17 August and at its 27th meeting, on 18 August. 176. For the list of documents issued under agenda item 10, see annex VII to the present report. 177. In the general debate on agenda item 10, statements were made by members of the Sub-Commission and observers for Governments, intergovernmental organizations, United Nations bodies, specialized agencies, other organizations and non-governmental organizations. For a detailed list of speakers, see annex II. The right to seek and enjoy asylum 178. At its 26th meeting, on 17 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.25 sponsored by Mr. Eide, Ms. Hampson, Mr. van Hoof, Ms. Mbonu, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota. Ms. Daes and Mr. Joinet subsequently joined the sponsors. 179. Statements in connection with the draft resolution were made by Mr. Guissé, Mr. Kartashkin and Mr. Weissbrodt. 180. At the request of Mr. Weissbrodt, consideration of draft resolution E/CN.4/Sub.2/2000/L.25 was postponed. 181. At the 27th meeting, on 18 August 2000, the Sub-Commission resumed consideration of draft resolution E/CN.4/Sub.2/2000/L.25. 182. Mr. Weissbrodt orally revised the eleventh preambular paragraph and operative paragraph 1 of the draft resolution. 183. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Guissé, Mr. Kartashkin, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota. 184. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/20. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 109 Detention of asylum-seekers 185. At its 27th meeting, on 18 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.26 sponsored by Mr. Eide, Ms. Hampson, Mr. van Hoof, Mr. Oloka-Onyango, Mr. Pinheiro, Ms. Mbonu, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota. Ms. Daes, Mr. Guissé and Mr. Joinet subsequently joined the sponsors. 186. Statements in connection with the draft resolution were made by Mr. Weissbrodt. 187. Operative paragraph 2 of the draft resolution was orally revised by Mr. Weissbrodt. 188. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/21. The right of return of displaced persons 189. At the 27th meeting, on 18 August 2000, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.28 sponsored by Ms. Daes, Mr. Eide, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Weissbrodt, Mr. Yokota and Ms. Zerrougui. Ms. Zerrougui subsequently withdrew as a sponsor. 190. Ms. Hampson orally revised the fifth preambular paragraph as well as operative paragraphs 7 and 8 of the draft resolution. She further revised the draft resolution by inserting a new operative paragraph 6. 191. Mr. Sik Yuen orally revised operative paragraphs 6 and 7 of the draft resolution. He further revised the draft resolution by inserting, after operative paragraph 5, a new operative paragraph. 192. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Ms. Hampson, Mr. Kartashkin, Mr. Sik Yuen, Ms. Warzazi and Ms. Zerrougui. 193. Under rule 49 of the rules of procedure of the functional commissions of the Economic and Social Council, Mr. Bengoa proposed that the debate on this subject be adjourned. His motion was carried by 11 votes to 9, with 1 abstention. 194. Statements in this connection were made by Mr. Alfonso Martínez and Ms. Hampson. 195. For the text of the relevant decision, see chapter II, section B, decision 2000/113. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 110 Smuggling and trafficking of persons and the protection of their human rights 196. At the 27th meeting, on 18 August 2000, the Sub-Commission considered a draft decision, entitled “New sub-item of the agenda on smuggling and trafficking of persons and the protection of their human rights”, submitted by Ms. Daes. 197. Statements in connection with the draft decision were made by Mr. Alfonso Martínez, Ms. Daes and Mr. Guissé. 198. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/110. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 111 XIII. SITUATION REGARDING THE PROMOTION, FULL REALIZATION AND PROTECTION OF THE RIGHTS OF CHILDREN AND YOUTH 199. The Sub-Commission considered agenda item 11 at its 23rd and 24th meetings, on 16 August 2000. 200. For the list of documents issued under agenda item 11, see annex VII to the present report. 201. In the general debate on agenda item 11, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 112 XIV. REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN OR MAY BE CONCERNED: (a) REVIEW OF DEVELOPMENTS CONCERNING RECOMMENDATIONS AND DECISIONS RELATING, INTER ALIA, TO: (i) PROMOTION, PROTECTION AND RESTORATION OF HUMAN RIGHTS AT NATIONAL, REGIONAL AND INTERNATIONAL LEVELS; (ii) ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF; (iii) ENCOURAGEMENT OF UNIVERSAL ACCEPTANCE OF HUMAN RIGHTS INSTRUMENTS AND OBSERVANCE OF THE HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS CONTAINED IN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS BY STATES WHICH ARE NOT PARTIES TO UNITED NATIONS HUMAN RIGHTS CONVENTIONS; (b) REVIEW OF ISSUES NOT PREVIOUSLY THE SUBJECT OF STUDIES BUT WHICH THE SUB-COMMISSION HAD DECIDED TO EXAMINE: (i) IMPLICATIONS OF HUMANITARIAN ACTIVITIES FOR THE ENJOYMENT OF HUMAN RIGHTS; (ii) TERRORISM AND HUMAN RIGHTS; (iii) INTERNATIONAL PEACE AND SECURITY AS AN ESSENTIAL CONDITION FOR THE ENJOYMENT OF HUMAN RIGHTS, ABOVE ALL THE RIGHT TO LIFE; (c) HUMAN RIGHTS AND DISABILITY; (d) HUMAN RIGHTS AND SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENTS; (e) OTHER NEW DEVELOPMENTS: (i) ADVERSE CONSEQUENCES OF THE TRANSFER OF ARMS AND ILLICIT TRAFFICKING IN ARMS ON THE ENJOYMENT OF HUMAN RIGHTS; (ii) ARBITRARY DEPRIVATION OF NATIONALITY 202. The Sub-Commission considered agenda item 12 at its 24th meeting, on 16 August, at its 25th meeting, on 17 August, and at its 27th and 28th meetings, on 18 August 2000. 203. For the list of documents issued under agenda item 12, see annex VII to the present report. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 113 204. At the 24th meeting, on 16 August 2000: (a) Mr. Marc Bossuyt presented his working paper on the adverse consequences of economic sanctions on the enjoyment of human rights (E/CN.4/Sub.2/2000/33). At the 25th meeting, on 17 August 2000, Mr. Bossuyt made his concluding remarks; (b) Ms. Kalliopi Koufa, Special Rapporteur on terrorism and human rights, made a statement with reference to her progress report on this question (see E/CN.4/Sub.2/2000/31). At the 25th meeting, on 17 August 2000, Ms. Koufa made her concluding remarks; (c) Ms. Françoise Hampson, Special Rapporteur on reservations to human rights treaties, made a statement on the revised terms of reference for her proposed study clarifying how this study would complement work already under way on reservations to human rights treaties, in particular by the International Law Commission (see E/CN.4/Sub.2/2000/32). At the 25th meeting, on 17 August 2000, Ms. Hampson made her concluding remarks; (d) Mr. Vladimir Kartashkin presented an additional working paper on the encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions (E/CN.4/Sub.2/2000/2). At the 25th meeting, on 17 August 2000, Mr. Kartashkin made his concluding remarks. 205. In the general debate on agenda item 12, statements were made by members of the Sub-Commission and observers for Governments and non-governmental organizations. For a detailed list of speakers, see annex II. Human rights and human responsibilities 206. At its 27th meeting, on 18 August 2000, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.4, sponsored by Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Guissé, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer and Ms. Zerrougui. Mr. Sorabjee subsequently joined the sponsors. 207. Statements in connection with the draft decision were made by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Goonesekere, Mr. Guissé, Mr. Joinet, Ms. Mbonu, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi and Mr. Yokota. 208. Mr. Joinet proposed to amend the draft decision by adding after the words “Mr. Miguel Alfonso Martínez” the words “and Mr. Paulo Sérgio Pinheiro”. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 114 209. Mr. Guissé requested a vote on the amendment proposed by Mr. Joinet. At the request of Mr. Alfonso Martínez, a roll-call vote was taken on the proposed amendment, which was rejected by 12 votes to 8, with 3 abstentions. The voting was as follows: In favour: Mr. Bengoa, Ms. Daes, Mr. Eide, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Pinheiro, Mr. Weissbrodt. Against: Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Guissé, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Ms. Zerrougui. Abstaining: Ms. Chung, Mr. Goonesekere, Mr. Rodríguez-Cuadros. 210. Statements in explanation of vote after the vote were made by Mr. Alfonso Martínez, Mr. Eide, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Pinheiro, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota. 211. Ms. Warzazi requested a vote on draft decision E/CN.4/Sub.2/2000/L.4. The draft decision was adopted by a roll-call vote of 14 votes to 4, with 5 abstentions. The voting was as follows: In favour: Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Guissé, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Mr. Yokota, Ms. Zerrougui. Against: Mr. Eide, Ms. Hampson, Mr. Joinet, Mr. Pinheiro. Abstaining: Mr. Bengoa, Ms. Chung, Ms. Daes, Mr. van Hoof, Mr. Weissbrodt. 212. For the text as adopted, see chapter II, section B, decision 2000/111. Human rights and human responsibilities 213. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.5, sponsored by Mr. Eide, Mr. Goonesekere, Ms. Hampson, Mr. van Hoof, Mr. Joinet and Mr. Weissbrodt. Mr. Bengoa, Ms. Daes and Mr. Park subsequently joined the sponsors. Draft decision E/CN.4/Sub.2/2000/L.5 read as follows: “Human rights and human responsibilities “The Sub-Commission on the Promotion and Protection of Human Rights, recalling Commission resolution 2000/63 in which the Commission requested the Sub-Commission to undertake a study on the issue of human rights and human responsibilities and to submit an interim study to the Commission on Human Rights at its fifty-seventh session and a complete study to the Commission at its fifty-eighth session, E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 115 decides to entrust Mr. Paulo Sergio Pinheiro with the task of preparing, without financial implications, a working paper on human rights and responsibilities, to be submitted to the Sub-Commission at its fifty-third session, and also to submit an interim study to the Commission on Human Rights at its fifty-seventh session and a complete study to the Commission at its fifty-eighth session.” 214. Mr. Eide requested a vote. At the request of Ms. Warzazi, a roll-call vote was taken on draft decision E/CN.4/Sub.2/2000/L.5, which was rejected by 12 votes to 6, with 5 abstentions. The voting was as follows: In favour: Ms. Chung, Ms. Daes, Mr. Eide, Ms. Hampson, Mr. van Hoof, Mr. Weissbrodt. Against: Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Guissé, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Mr. Yokota, Ms. Zerrougui. Abstaining: Mr. Bengoa, Mr. Fix-Zamudio, Mr. Joinet, Mr. Pinheiro, Mr. Rodríguez-Cuadros. Promotion of dialogue on human rights issues 215. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.17, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Ms. Frey, Mr. Goonesekere, Mr. Guissé, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Joinet, Ms. Hampson and Mr. van Hoof subsequently joined the sponsors. 216. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/22. Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights 217. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.18, sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Sorabjee, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Joinet subsequently joined the sponsors. 218. Statements in connection with the draft resolution were made by Mr. Fan Guoxiang and Mr. Kartashkin. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 116 219. Mr. Kartashkin orally revised operative paragraphs 1 and 5 of draft resolution E/CN.4/Sub.2/2000/L.18. He further revised the draft resolution by adding a new preambular paragraph before the last preambular paragraph. 220. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/23. Humanitarian situation of the Iraqi population 221. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.32 sponsored by Mr. Guissé, Mr. Joinet, Mr. Pinheiro, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Ms. Zerrougui. Ms. Mbonu subsequently joined the sponsors. 222. Statements in connection with the draft decision were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Ramishvili, Mr. Rodríguez-Cuadros, Ms. Warzazi, Mr. Weissbrodt, Mr. Yokota and Ms. Zerrougui. 223. Ms. Warzazi proposed to change in the title of the draft decision “in Iraq” to “of the Iraqi population”. 224. The draft decision, as revised, was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/112. Adverse consequences of economic sanctions 225. At the 28th meeting, on 18 August 2000 the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.33, sponsored by Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Ms. Hampson, Mr. Joinet and Ms. Warzazi. Mr. Alfonso Martínez, Mr. Bengoa, Mr. Guissé, Mr. Ogurtsov, Mr. Rodríguez-Cuadros, Mr. Yokota and Ms. Zerrougui subsequently joined the sponsors. 226. A statement in connection with the draft resolution was made by Mr. Alfonso Martínez. 227. The draft resolution was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/25. Terrorism and human rights 228. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.34, sponsored by Mr. Bengoa, Ms. Daes, Mr. Eide, Ms. Warzazi, Mr. Weissbrodt and Mr. Yokota. Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Goonesekere, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Ramishvili, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Yimer and Ms. Zerrougui subsequently joined the sponsors. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 117 229. Statements in connection with the draft decision were made by Mr. Alfonso Martínez, Ms. Daes and Mr. Guissé. 230. Draft decision E/CN.4/Sub.2/2000/L.34 was orally revised by Ms. Daes. 231. The draft decision, as revised, was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/115. Promotion and consolidation of democracy 232. At the same meeting, the Sub-Commission considered draft decision E/CN.4/Sub.2/2000/L.35 sponsored by Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Fix-Zamudio, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota and Ms. Zerrougui. Mr. Goonesekere subsequently joined the sponsors. 233. Statements in connection with the draft decision were made by Mr. Alfonso Martínez and Mr. Joinet. 234. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/116. Reservations to human rights treaties 235. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.39 sponsored by Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. van Hoof, Mr. Kartashkin, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Park and Mr. Yokota. Ms. Daes, Mr. Guissé, Mr. Ogurtsov, Mr. Weissbrodt and Ms. Zerrougui subsequently joined the sponsors. 236. Mr. Alfonso Martínez orally amended operative paragraph 3 of draft resolution E/CN.4/Sub.2/2000/L.39. 237. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez and Mr. Yokota. 238 The draft resolution, as amended, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/26. 239. After the adoption of the resolution, Mr. Weissbrodt made a statement in explanation of his position. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 118 State cooperation with United Nations human rights mechanisms 240. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.40 sponsored by Mr. Eide, Mr. Fix-Zamudio, Mr. Goonesekere, Ms. Hampson, Mr. Oloka-Onyango, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen and Mr. Yokota. Mr. Sik Yuen subsequently withdrew as a sponsor. 241. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Fan Guoxiang, Mr. Guissé, Ms. Hampson, Ms. Mbonu, Mr. Ramishvili, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi and Mr. Yimer. 242. Under rule 49 of the rules of procedure of the functional commissions of the Economic and Social Council, Ms. Hampson proposed that the debate on this subject be adjourned. Her motion was carried without a vote. See decision 2000/117. Continuing obligations under international human rights instruments 243. At the same meeting, the Sub-Commission considered draft resolution E/CN.4/Sub.2/2000/L.41 sponsored by Ms. Daes, Mr. Eide, Mr. Fix-Zamudio, Mr. Guissé, Ms. Hampson, Mr. van Hoof, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer and Mr. Yokota. Mr. Goonesekere and Ms. Zerrougui subsequently joined the sponsors. 244. Statements in connection with the draft resolution were made by Mr. Alfonso Martínez, Mr. Fan Guoxiang and Mr. Rodríguez-Cuadros. 245. Operative paragraph 2 of draft resolution E/CN.4/Sub.2/2000/L.41 was orally revised by Mr. Rodríguez-Cuadros. 246. The draft resolution, as revised, was adopted without a vote. For the text of the resolution, see chapter II, section A, resolution 2000/27. The adverse effects on human rights of the proliferation and transfer of small arms and light weapons 247. At the same meeting, the Sub-Commission considered a draft decision entitled “The adverse effects on human rights of the proliferation and transfer of small arms and light weapons”, submitted by Mr. Weissbrodt. 248. A statement in connection with the draft decision was made by Mr. Alfonso Martínez. 249. Under rule 49 of the rules of procedure of the functional commissions of the Economic and Social Council, Mr. Weissbrodt proposed that the debate on the subject be adjourned until the fifty-third session of the Sub-Commission. His motion was carried without a vote. See decision 2000/118. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 119 XV. CONCLUDING ITEMS: (a) CONSIDERATION OF THE FUTURE WORK OF THE SUB-COMMISSION; (b) DRAFT PROVISIONAL AGENDA FOR THE FIFTY-THIRD SESSION OF THE SUB-COMMISSION; (c) ADOPTION OF THE REPORT ON THE FIFTY-SECOND SESSION 250. The Sub-Commission considered agenda item 13 at its 28th meeting, on 18 August 2000. Draft provisional agenda for the fifty-third session of the Sub-Commission 251. The Sub-Commission had before it a draft decision proposed by the Bureau, containing items for the draft provisional agenda for the fifty-third session of the Sub-Commission. 252. Statements in connection with the proposal of the Bureau were made by Mr. Alfonso Martínez, Ms. Daes, Mr. Eide, Ms. Mbonu, Ms. Warzazi and Mr. Yokota. 253. The draft decision was adopted without a vote. For the text of the decision, see chapter II, section B, decision 2000/120. 254. Following the conclusion of the session, the Secretary-General prepared, in accordance with the provisions of paragraph 3 of Economic and Social Council resolution 1894 (LVII) of 1 August 1974 and on the basis of the list of draft provisional items for the agenda of the fifty-third session of the Sub-Commission as contained in its decision 2000/120, a draft provisional agenda for the fifty-third session of the Sub-Commission which includes an indication of documents to be submitted under each agenda item and the legislative authority for their preparation and consideration. 255. The draft provisional agenda reads as follows: 1. Organization of work Legislative authority: Commission on Human Rights decision 2000/109 (annex, chapter four); Sub-Commission decisions 1999/114 and 2000/119. 2. 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: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII) Legislative authority: Commission on Human Rights decision 2000/109 (annex, paras. 52-53); Sub-Commission decision 2000/105. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 120 3. Administration of justice Legislative authority: Commission on Human Rights decision 1998/108; Sub-Commission resolutions 2000/17, 2000/18 and decision 2000/114. Documentation: (a) Report of the High Commissioner for Human Rights (Commission on Human Rights decision 1998/108); (b) Report of the Secretary-General (decision 2000/114). 4. Economic, social and cultural rights Legislative authority: Sub-Commission resolutions 1998/8, 1999/8, 1999/9, 2000/7, 2000/8 and 2000/9. Documentation: (a) Report of the sessional working group on the working methods and activities of transnational corporations (resolution 1998/8, para. 5); (b) Progress report of the Special Rapporteurs on the issue of globalization and its impact on the full enjoyment of all human rights (resolution 1999/8, para. 3); (c) Annual report of the Secretary-General (resolution 1999/9, para. 5 (b)); (d) Report of the High Commissioner for Human Rights (resolution 2000/7, para. 10); (e) Report of the Secretary-General (resolution 2000/7, para. 15); (f) Preliminary report of the Special Rapporteur on the promotion of the realization of the right to drinking water supply and sanitation (resolution 2000/8, para. 5); (g) Report of the High Commissioner for Human Rights (resolution 2000/9, para. 3). 5. Prevention of discrimination and protection of indigenous peoples and minorities Legislative authority: Economic and Social Council resolution 1982/34; Commission on Human Rights resolutions 1995/24 and 1998/19; Sub-Commission resolutions 1994/4, 1998/5, 2000/3, 2000/4, 2000/14, 2000/15, 2000/16 and decisions 2000/103 and 2000/108. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 121 Documentation: (a) Progress report of the Special Rapporteur on the concept and practice of affirmative action (resolution 1998/5, para. 2); (b) Working paper by Mr. Goonesekere on the topic of discrimination based on work and descent (resolution 2000/4, para. 4); (c) Report of the Working Group on Indigenous Populations on its nineteenth session (resolution 2000/14); (d) Report of the High Commissioner for Human Rights (resolution 2000/15, para. 4); (e) Preliminary report of the Special Rapporteur on the rights of non-citizens (decision 2000/103); (f) Updated final working paper by the Special Rapporteur on indigenous peoples and their relationship to land (decision 2000/108). 6. Other issues Legislative authority: Economic and Social Council decisions 16 and 17 (LVI); Sub-Commission resolutions 5 (XIV), 1989/41, 2000/10, 2000/11, 2000/12, 2000/13, 2000/19, 2000/20, 2000/21, 2000/22, 2000/23, 2000/25, 2000/26, 2000/27, 2000/110, 2000/113, 2000/115, 2000/116, 2000/117 and 2000/118. Documentation: (a) Report of the Secretary-General (resolution 5 (XIV)); (b) Updated report of the Special Rapporteur on traditional practices affecting the health of women and the girl child (resolution 2000/10, para. 9); (c) Report of the Secretary-General (resolution 2000/11, para. 11); (d) Report of the High Commissioner for Human Rights (resolution 2000/13, para. 3); (e) Report of the Secretary-General (resolution 2000/19, para. 80); (f) Preliminary report of the Special Rapporteur on reservations to human rights treaties (resolution 2000/26, para. 3); (g) Note of the Secretary-General (decision 2000/110); E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 122 (h) Progress report of the Special Rapporteur on terrorism and human rights (decision 2000/115); (i) Working paper by Mr. Rodríguez-Cuadros on promotion and consolidation of democracy (decision 2000/116). 14. Concluding items Legislative authority: Economic and Social Council resolution 1894 (LVII). Documentation: Note by the Secretary-General containing the draft provisional agenda for the fifty-fourth session of the Sub-Commission, together with information concerning documentation relating thereto. Adoption of the report on the fifty-second session 256. At the 28th meeting, on 18 August 2000, the Rapporteur of the Sub-Commission presented the draft report on the work of its fifty-second session (E/CN.4/Sub.2/2000/L.10 and Add.1-12 and E/CN.4/Sub.2/2000/L.11 and Add.1 and 2). 257. Statements in this connection were made by Ms. Daes, Mr. Eide and Mr. Weissbrodt. 258. At the same meeting, the Sub-Commission adopted the draft report ad referendum and decided to entrust the Rapporteur with its finalization. 259. Concluding remarks were made by Ms. Motoc, Chairperson of the fifty-second session of the Sub-Commission. 260. In the general debate on agenda item 13, statements were made by members of the Sub-Commission. For a detailed list of speakers, see annex II. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 123 ANNEXES Annex I AGENDA 1. Organization of work: (a) Election of officers; (b) Adoption of the agenda; (c) Methods of work of the Sub-Commission. 2. 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: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII). 3. Comprehensive examination of thematic issues relating to the elimination of racial discrimination: (a) Situation of migrant workers and members of their families; (b) Xenophobia; (c) World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance. 4. The realization of economic, social and cultural rights: (a) The international economic order and the promotion of human rights; (b) The realization of the right to development; (c) The question of transnational corporations; (d) The realization of the right to education, including education in human rights. 5. The implementation of human rights with regard to women: (a) Traditional practices affecting the health of women and the girl child; (b) The role and equal participation of women in development. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 124 6. Contemporary forms of slavery. 7. Human rights of indigenous peoples: (a) Indigenous peoples and their relationship to land. 8. Prevention of discrimination against and the protection of minorities. 9. The administration of justice and human rights: (a) Question of human rights and states of emergency; (b) Application of international standards concerning the human rights of detained juveniles; (c) Gross and massive violations of human rights as an international crime; (d) Juvenile justice; (e) Privatization of prisons; (f) Individualization of prosecution and penalties, and repercussions of violations of human rights on families. 10. Freedom of movement: (a) The right to leave any country, including one’s own, and to return to one’s own country, and the right to seek asylum from persecution; (b) Human rights and population displacements. 11. Situation regarding the promotion, full realization and protection of the rights of children and youth. 12. Review of further developments in fields with which the Sub-Commission has been or may be concerned: (a) Review of developments concerning recommendations and decisions relating, inter alia, to: (i) Promotion, protection and restoration of human rights at national, regional and international levels; E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 125 (ii) Elimination of all forms of intolerance and of discrimination based on religion or belief; (iii) Encouragement of universal acceptance of human rights instruments and observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to United Nations human rights conventions; (b) Review of issues not previously the subject of studies but which the Sub-Commission had decided to examine: (i) Implications of humanitarian activities for the enjoyment of human rights; (ii) Terrorism and human rights; (iii) International peace and security as an essential condition for the enjoyment of human rights, above all the right to life; (c) Human rights and disability; (d) Human rights and scientific and technological developments; (e) Other new developments: (i) Adverse consequences of the transfer of arms and illicit trafficking in arms on the enjoyment of human rights; (ii) Arbitrary deprivation of nationality. 13. Concluding items: (a) Consideration of the future work of the Sub-Commission; (b) Draft provisional agenda for the fifty-third session of the Sub-Commission; (c) Adoption of the report on the fifty-second session. Annex II LIST OF SPEAKERS: GENERAL DEBATE Agenda itema Meeting number Speakers 1 1st Members: Mr. Alfonso Martínez, Mr. Eide, Mr. Fan Guoxiang, Organization of work Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer 2nd Members: Mr. Alfonso Martínez, Mr. Bengoa, Mr. Eide, Mr. Fan Guoxiang, Mr. Guissé, (sub-item 1 (c)) Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Park, Mr. Pinheiro, Mr. Preware, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer, Mr. Yokota 3rd Members: Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, (sub-item 1 (c)) Mr. Goonesekere, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Park, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Ms. Warzazi, Mr. Yimer 2 3rd Members: Mr. Bengoa, Mr. Guissé, Mr. Pinheiro, Ms. Warzazi, Mr. Yokota Question of the violation of human rights Observers for non-governmental organizations: American Association of Jurists, and fundamental freedoms, including Asian Buddhists Conference for Peace, Centre Europe - Tiers Monde, Indian Movement policies of racial discrimination and “Tupaj Amaru”, International Federation of Human Rights Leagues, International Indian segregation, in all countries, with particular Treaty Council, International Organization for the Elimination of All Forms of Racial reference to colonial and other dependent Discrimination, Netherlands Organization for International Development Cooperation countries and territories: report of the Sub-Commission under Commission on Human Rights resolution 8 (XXIII) 4th Members: Ms. Hampson, Mr. Weissbrodt Government observers: Armenia, Azerbaijan, Belarus, Iraq Government observers (right of reply): Democratic People’s Republic of Korea, Malaysia Observers for non-governmental organizations: Afro-Asian People’s Solidarity Organization, Association pour la Promotion de l’Emploi et du Logement, Baha’í International Community, Franciscans International, Indian Law Resource Center, Interfaith International, International Commission of Jurists, International Educational Development, Inc., International Institute for Non-Aligned Studies, International Institute for Peace, International League for the Rights and Liberation of Peoples, Lutheran World Federation, Médecins du Monde-International, Muslim World League, Pax Romana, Survival International Limited, World Evangelical Fellowship, World Federation of Democratic Youth, World Federation of Trade Unions, World Muslim Congress, Worldview International Foundation Agenda itema Meeting number Speakers 2 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: report of the Sub-Commission under Commission on 5th Members: Mr. Fan Guoxiang, Mr. Goonesekere, Mr. Joinet, Mr. Kartashkin, Mr. Park, Mr. Pinheiro, Mr. Preware, Mr. Rodríguez-Cuadros, Ms. Warzazi, Mr. Yokota Government observers: Bahrain, Bhutan, China, Democratic People’s Republic of Korea, Eritrea, Ethiopia, Mexico, Pakistan, Republic of the Congo, Tunisia, Turkey Human Rights resolution 8 (XXIII) (concluded) 6th Members: Mr. Alfonso Martínez, Ms. Daes, Mr. Eide Government observers (right of reply): Azerbaijan, Bhutan, Democratic People’s Republic of Korea, India, Indonesia, Nepal, Nigeria, Pakistan Comprehensive exissues relating to tdiscrimination 3 amination of thematic he elimination of racial 6th Members: Ms. Daes, Mr. Eide, Mr. Fan Guoxiang, Mr. Goonesekere, Mr. Joinet, Mr. Preware, Mr. Sik Yuen, Ms. Warzazi, Mr. Weissbrodt Observers for intergovernmental organizations, United Nations bodies, specialized agencies and other organizations: International Labour Organization Observers for non-governmental organizations: International Human Rights Law Group 7th Members: Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Guissé, Ms. Hampson, Mr. Kartashkin, Ms. Mbonu, Mr. Ogurtsov, Mr. Oloka-Onyango, Mr. Park, Mr. Rodríguez-Cuadros, Ms. Warzazi, Mr. Yokota, Ms. Zerrougui Observers for non-governmental organizations: Indian Law Resource Center, International Institute for Non-Aligned Studies, Movement against Racism and for Friendship among Peoples, World Federation of United Nations Associations (also on behalf of All India Women’s Conference and World Federation of Democratic Youth) Agenda itema Meeting number Speakers 3 Comprehensive examination of thematic issues relating to the elimination of racial discrimination (concluded) 8th Member: Mr. Sorabjee Government observers: Bahrain, Chile, Colombia, Cuba, India, Italy, Mauritius, Mexico, Pakistan, Turkey, United States of America Observers for non-governmental organizations: Afro-Asian People’s Solidarity Organization, Anti-Slavery International, Asian Women’s Human Rights Council, Himalayan Research and Cultural Foundation, Indian Movement “Tupaj Amaru”, Interfaith International, International Confederation of Free Trade Unions, International Indian Treaty Council, International Institute for Peace, International Movement against All Forms of Discrimination and Racism, International Organization for the Elimination of All Forms of Racial Discrimination, International Young Catholic Students, Liberation, Lutheran World Federation, Minority Rights Group, Muslim World League, Netherlands Organization for International Development Cooperation, Pax Romana, World Federation of Trade Unions, World Muslim Congress 9th Members: Mr. Guissé, Mr. Park, Mr. Rodríguez-Cuadros Government observers (right of reply): India, Malaysia 4 The realization of economic, social and cultural rights 9th Members: Mr. Bengoa, Mr. Fan Guoxiang, Ms. Frey, Mr. Guissé, Mr. Joinet, Mr. Kartashkin, Ms. Mbonu, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Yimer, Mr. Yokota 10th Members: Ms. Hampson, Mr. Ogurtsov Observers for intergovernmental organizations, United Nations bodies, specialized agencies and other organizations: International Monetary Fund Observers for non-governmental organizations: American Association of Jurists, Association of World Citizens, Himalayan Research and Cultural Foundation, Indian Law Resource Center, International Confederation of Free Trade Unions, International Council of Environmental Law, International Federation of Human Rights Leagues, International Organization for the Elimination of All Forms of Racial Discrimination, Liberation, Minority Rights Group, Movement against Racism and for Friendship among Peoples, Union of Arab Jurists, World Federation of Trade Unions, World Federation of United Nations Associations (also on behalf of Association for World Education and International Baccalaureate Organization) Agenda itema Meeting number Speakers 4 The realization of economic, social and cultural rights (concluded) 11th Members: Mr. Bengoa, Mr. Eide Government observers: Cuba, Iraq, Libyan Arab Jamahiriya Observers for non-governmental organizations: Afro-Asian People’s Solidarity Organization, Association tunisienne pour l’auto-développement et la solidarité, Centre Europe -Tiers Monde, European Union of Public Relations, France libertés - Fondation Danielle Mitterrand, Franciscans International, Habitat International Coalition (also on behalf of International Commission of Jurists and Lutheran World Federation), Indian Council of Education, Indian Movement “Tupaj Amaru” (also on behalf of General Arab Women Federation and North-South XXI), Interfaith International, International Association of Democratic Lawyers, International Federation of Rural Adult Catholic Movements, International Federation of University Women (also on behalf of nine non-governmental organizations), International Indian Treaty Council, International Institute for Non-Aligned Studies, International Institute for Peace, Netherlands Organization for International Development Cooperation, Pax Romana, World Movement of Mothers, World Muslim Congress 12th Members: Mr. Alfonso Martínez, Mr. Park, Mr. Rodríguez-Cuadros Government observers: Armenia, Chile, Colombia, India, Iran (Islamic Republic of), Mexico, Pakistan, Republic of Korea, Yemen 5 The implementation of human rights with regard to women 13th Members: Mr. Alfonso Martínez, Ms. Chung, Ms. Daes, Mr. Eide, Ms. Frey, Mr. Guissé, Ms. Hampson, Ms. Mbonu, Mr. Ogurtsov, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Sik Yuen, Mr. Yokota Observers for non-governmental organizations: Afro-Asian People’s Solidarity Organization, Himalayan Research and Cultural Foundation, Indian Council of Education, International Confederation of Free Trade Unions, International Institute for Peace, Minnesota Advocates for Human Rights, Netherlands Organization for International Development Cooperation, Transnational Radical Party, Union nationale de la femme tunisienne, Women’s International Democratic Federation, World Federation of Methodist and Uniting Church Women (also on behalf of 15 non-governmental organizations), World Federation of Trade Unions Agenda itema Meeting number Speakers 5 The implementation of human rights with regard to women (concluded) 14th Government observers: Afghanistan, Iraq, Mexico, Myanmar, Pakistan, Sudan, Yemen Observers for non-governmental organizations: Association pour la Promotion de l’Emploi et du Logement, European Union of Public Relations, Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, Interfaith International, International Indian Treaty Council, Liberation, Muslim World League, World Muslim Congress 6 14th Members: Mr. Kartashkin, Mr. Pinheiro Contemporary forms of slavery Observers for non-governmental organizations: Asia Pacific Forum on Women, Law and Development, Association of World Citizens, International Movement against All Forms of Discrimination and Racism 15th Members: Ms. Chung, Mr. Eide, Mr. Fan Guoxiang, Ms. Hampson, Mr. Rodríguez-Cuadros, Mr. Sik Yuen Government observers: Democratic People’s Republic of Korea, Pakistan Government observers (right of reply): Nepal, India, Indonesia, Pakistan, Sudan Observers for non-governmental organizations: Anti-Slavery International, Coalition against Trafficking in Women (also on behalf of International Council of Jewish Women and International Council of Women), Interfaith International, International Confederation of Free Trade Unions, International Fellowship of Reconciliation (also on behalf of Asian Women’s Human Rights Council and Japan Fellowship of Reconciliation), North-South XXI, World Federation of Trade Unions 7 Human rights of indigenous peoples 16th Members: Mr. Alfonso Martínez, Mr. Bengoa, Ms. Daes, Mr. Eide, Mr. Guissé, Ms. Mbonu, Mr. Weissbrodt Government observers: Guatemala, Ukraine Observers for non-governmental organizations: Franciscans International, Indian Council of South America, Indian Movement “Tupaj Amaru” (also on behalf of Women’s International Democratic Federation), Indigenous World Association, Interfaith International, International Educational Development, International Human Rights Association of American Minorities, International League for the Rights and Liberation of Peoples, Inuit Circumpolar Conference, Latin American Human Rights Association, Liberation, Netherlands Organization for International Development Cooperation, North-South XXI, World Federation for Mental Health, World Federation of Methodist and Uniting Church Women Agenda itema Meeting number Speakers 7 Human rights of indigenous peoples (concluded) 18th Members: Mr. Bengoa, Mr. Eide, Mr. Guissé, Mr. Pinheiro, Mr. Rodríguez-Cuadros, Mr. Yokota Government observers: Bangladesh, Mexico Observers for non-governmental organizations: International Indian Treaty Council 8 Prevention of discrimination against and the protection of minorities 18th Member: Mr. Bengoa Observers for non-governmental organizations: International Federation of Free Journalists 19th Members: Mr. Eide, Mr. Fan Guoxiang, Ms. Frey, Mr. Guissé, Ms. Hampson, Mr. Joinet, Mr. Kartashkin, Mr. Ogurtsov, Mr. Rodríguez-Cuadros, Mr. Sik Yuen Observers for non-governmental organizations: Caucasians United for Reparations and Emancipation, European Union of Public Relations, Franciscans International, Himalayan Research and Cultural Foundation, Interfaith International, International Council of Jewish Women, International Human Rights Association of American Minorities, International Institute for Non-Aligned Studies, North-South XXI, Transnational Radical Party 20th Members: Mr. Bengoa, Ms. Daes, Mr. Guissé, Mr. Ogurtsov, Mr. Sik Yuen Government observers: Albania, Armenia, Azerbaijan, Czech Republic, India, Indonesia, Iraq, Slovakia Government observers (right of reply): Pakistan, Turkey Observers for non-governmental organizations: Asian Buddhists Conference for Peace, Indian Council of Education, International Institute for Peace, International Movement against All Forms of Discrimination and Racism, International Save the Children Alliance, Médecins du monde international, Movement against Racism and for Friendship among Peoples, Muslim World League, Society for Threatened Peoples, World Muslim Congress, World Peace Council Agenda itema Meeting number Speakers 9 The administration of justice and human rights 21st Members: Mr. Guissé, Ms. Hampson, Mr. Pinheiro, Mr. Weissbrodt Observers for non-governmental organizations: African Commission of Health and Human Rights Promoters, American Association of Jurists, Association for World Education, Association pour la Promotion de l’Emploi et du Logement, European Union of Public Relations, International Association of Democratic Lawyers, International Confederation of Free Trade Unions, International Federation of Human Rights Leagues, International Human Rights Association of American Minorities, International Institute for Peace, International League for the Rights and Liberation of Peoples, International Movement against All Forms of Discrimination and Racism, Liberation, Minority Rights Group, Movement against Racism and for Friendship among Peoples, North-South XXI, Pax Romana (also on behalf of Centre Europe - Tiers Monde, Franciscans International and International Young Catholic Students), War Resisters International, World Muslim Congress, World Organization against Torture 22nd Members: Mr. Goonesekere, Mr. Joinet, Mr. Rodríguez-Cuadros Government observers: Belarus, Iraq, Pakistan Government observers (right of reply): Egypt, Indonesia, Iraq, Turkey, United Kingdom of Great Britain and Northern Ireland, Viet Nam, Yemen Observers for non-governmental organizations: Bunyad Literacy Community Council, Interfaith International, International Commission of Jurists, Latin American Human Rights Association, Muslim World League, World Federation of Democratic Youth 10 22nd Government observer: Pakistan Freedom of movement Observers for intergovernmental organizations, United Nations bodies, specialized agencies and other organizations: Office of the United Nations High Commissioner for Refugees Observers for non-governmental organizations: African Commission of Health and Human Rights Promoters, American Association of Jurists, Himalayan Research and Cultural Foundation, Interfaith International, International Educational Development, International League for the Rights and Liberation of Peoples, Médecins du monde international, North-South XXI, World Muslim Congress 23rd Members: Ms. Hampson, Ms. Mbonu, Mr. Sik Yuen Government observers: Afghanistan, Azerbaijan Government observers (right of reply): Mauritius, Sri Lanka, Turkey, United Kingdom of Great Britain and Northern Ireland Observers for non-governmental organizations: Latin American Human Rights Association 24th Member: Ms. Daes Agenda itema Meeting number Speakers 11 Situation regarding the promotion, full realization and protection of the rights of children and youth 23rd Members: Ms. Frey, Ms. Hampson Government observers: Cuba, Iran (Islamic Republic of), Iraq, Pakistan, Republic of Korea Observers for non-governmental organizations: Asian Women’s Human Rights Council, Association pour la Promotion de l’Emploi et du Logement, Franciscans International, Himalayan Research and Cultural Foundation, Interfaith International, International Educational Development, International Institute for Non-Aligned Studies, International Save the Children Alliance, International Young Catholic Students, Organisation nationale de l’enfance tunisienne, Muslim World League, North-South XXI, Pax Romana, Transnational Radical Party, World Federation for Mental Health, World Federation of Methodist and Uniting Church Women (also on behalf of Inter-African Committee on Traditional Practices Affecting the Health of Women and Children, International Council of Women and Zonta International), World Federation of Trade Unions 24th Government observers: Belarus, India Government observer (right of reply): Japan 12 24th Members: Mr. Alfonso Martínez, Mr. Eide, Mr. Joinet, Mr. Kartashkin, Review of further dwith which the Sub-may be concerned evelopments in fields Commission has been or Mr. Rodríguez-Cuadros, Mr. Ogurtsov, Ms. Udagama, Ms. Warzazi, Mr. Weissbrodt, Mr. Yimer, Mr. Yokota Observers for non-governmental organizations: African Commission of Health and Human Rights Promoters, Afro-Asian People’s Solidarity Organization, Himalayan Research and Cultural Foundation, International Association of Democratic Lawyers, International Educational Development, Médecins du monde international, North-South XXI, Pax Christi International, United Towns Agency for North-South Cooperation, Women’s International League for Peace and Freedom (also on behalf of five non-governmental organizations), World Evangelical Fellowship, World Federation of Trade Unions, World Federation of United Nations Associations (also on behalf of All India Women’s Conference and World Federation of Democratic Youth) Agenda itema Meeting number Speakers 12 Review of further developments in fields with which the Sub-Commission has been or may be concerned (concluded) 25th Members: Mr. Guissé, Ms. Hampson Government observers: Angola, Belarus, India, Italy, Pakistan, Saudi Arabia, Turkey Government observers (right of reply): India, Iraq, Pakistan, United States of America Observers for non-governmental organizations: General Arab Women Federation, Interfaith International, International Human Rights Association of American Minorities, International League for the Rights and Liberation of Peoples, Movement against Racism and for Friendship among Peoples (also on behalf of Association for World Education, Association of World Citizens and Centre for Social Research), Pax Romana (also on behalf of International Young Catholic Students and Saami Council), World Federation for Mental Health 13 28th Members: Mr. Alfonso Martínez (on behalf of the Latin American Group), Concluding items Mr. Fan Guoxiang (on behalf of the Asian Group), Mr. Joinet (on behalf of the Western Group), Mr. Kartashkin (on behalf of the Eastern European Group), Mr. Sik Yuen (on behalf of the African Group) a The titles of agenda items have been abbreviated where appropriate. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 135 Annex III LIST OF ATTENDANCE Experts and alternates Name Country of nationality Mr. Miguel ALFONSO MARTÍNEZ (Cuba) Mr. José BENGOA (Chile) Ms. Erica-Irene A. DAES (Greece) Ms. Kalliopi KOUFA* Mr. Asbjørn EIDE (Norway) Mr. FAN Guoxiang (China) Mr. Héctor FIX-ZAMUDIO (Mexico) Mr. Alonso GÓMEZ-ROBLEDO VERDUZCO* Mr. Rajendra Kalidas Wimala GOONESEKERE (Sri Lanka) Ms. Deepika UDAGAMA* Mr. El Hadji GUISSÉ (Senegal) Ms. Françoise HAMPSON (United Kingdom of Great Britain and Northern Ireland) Mr. Fried van HOOF (Netherlands) Ms. Lammy BETTEN* Mr. Louis JOINET (France) Ms. Iulia Antoanella MOTOC (Romania) Ms. Victoria SANDRU-POPESCU* Mr. Stanislav OGURTSOV (Belarus) Mr. Joseph OLOKA-ONYANGO (Uganda) __________ * Alternate. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 136 Name Country of nationality Mr. Soo Gil PARK (Republic of Korea) Ms. Chin Sung CHUNG* Mr. Paulo Sérgio PINHEIRO (Brazil) Mr. Godfrey Bayour PREWARE (Nigeria) Ms. Christy Ezim MBONU* Mr. Teimuraz O. RAMISHVILI (Russian Federation) Mr. Vladimir KARTASHKIN* Mr. Manuel RODRÍGUEZ-CUADROS (Peru) Mr. Yeung Kam Yeung SIK YUEN (Mauritius) Mr. Soli Jehangir SORABJEE (India) Ms. Halima Embarek WARZAZI (Morocco) Mr. David WEISSBRODT (United States of America) Ms. Barbara FREY* Mr. Fisseha YIMER (Ethiopia) Mr. Yozo YOKOTA (Japan) Ms. Yoshiko TERAO* Ms. Leïla ZERROUGUI (Algeria) __________ * Alternate. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 137 States Members of the United Nations represented by observers Afghanistan Ethiopia Pakistan Albania Finland Peru Algeria France Philippines Angola Georgia Poland Argentina Germany Qatar Armenia Greece Republic of Korea Australia Guatemala Romania Austria Haiti Russian Federation Azerbaijan Honduras San Marino Bahrain Hungary Saudi Arabia Bangladesh India Singapore Belarus Indonesia Slovakia Bhutan Iran (Islamic Republic of) Slovenia Bosnia and Herzegovina Iraq South Africa Brazil Ireland Spain Brunei Darussalam Israel Sri Lanka Bulgaria Italy Sudan Cameroon Japan Sweden Canada Jordan Syrian Arab Republic Chile Kazakhstan Thailand China Kenya The former Yugoslav Colombia Kuwait Republic of Macedonia Congo Latvia Tunisia Costa Rica Libyan Arab Jamahiriya Turkey Côte d’Ivoire Lithuania Ukraine Croatia Luxembourg United Arab Emirates Cuba Madagascar United Kingdom of Cyprus Mauritania Great Britain and Czech Republic Mexico Northern Ireland Democratic People’s Morocco United Republic Tanzania Republic of Korea Myanmar United States of America Denmark Nepal Uruguay Ecuador Netherlands Venezuela Egypt New Zealand Viet Nam El Salvador Nigeria Yemen Eritrea Norway Estonia Oman E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 138 Non-member States represented by observers Holy See, Switzerland Other observers Palestine United Nations United Nations Institute for Disarmament Research, United Nations Non-Governmental Liaison Service United Nations bodies Office of the United Nations High Commissioner for Refugees, United Nations Centre for Human Settlements (Habitat), United Nations Conference on Trade and Development, United Nations Development Programme, United Nations Population Fund, United Nations Volunteers, World Food Programme Specialized agencies International Labour Office, International Monetary Fund, World Health Organization, World Intellectual Property Organization, World Trade Organization Intergovernmental organizations Arab Labour Organization, Council of Europe, European Commission, League of Arab States, Organization of African Unity, Organization of the Islamic Conference Other entities International Committee of the Red Cross, Order of Malta National institutions Bahrain Consultative Council, Comisión Nacional de los Derechos Humanos (Mexico), Observatoire national des droits de l’homme (Algeria) E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 139 Non-governmental organizations General consultative status Brahma Kumaris World Spiritual University International Institute for Non-Aligned Caritas Internationalis Studies Commission of the Churches on International Save the Children Alliance International Affairs of the World Liberal International Council of Churches Médecins du Monde-International Europe-Third World Centre Muslim World League Franciscans International Soroptimist International International Alliance of Women Transnational Radical Party Equal Rights-Equal Responsibilities Women’s International Democratic International Association for Religious Federation Freedom World Confederation of Labour International Confederation of Free Trade World Federation of Democratic Youth Unions World Federation of Trade Unions International Council of Environmental Law World Federation of United Nations International Council of Women Associations International Federation of Business and World Muslim Congress Professional Women Zonta International Special consultative status Aboriginal and Torres Strait Islander Baha’i International Community Commission Bunyad Literacy Community Council African Commission of Health and Human Centre for Social Research (CSR) Rights Promoters Centre on Housing Rights and Evictions African Peace Network Coalition against Trafficking in Women Afro-Asian Peoples’ Solidarity Organization Comisión Jurídica para el Autodesarrollo Agir ensemble pour les droits de l’homme de los Pueblos Originarios Andinos All India Women’s Conference Consultative Council of Jewish American Association of Jurists Organizations Anti-Racism Information Service December Twelfth Movement International Anti-Slavery International Secretariat Arab Lawyers Union Femmes Africa Solidarité (FAS) Arab Organization for Human Rights France Libertés - Fondation Danielle Asian Women’s Human Rights Council Mitterrand Association de défense des Tunisiens à Friends World Committee for Consultation l’étranger (Quakers) Association for the Prevention of Torture Himalayan Research and Cultural Association Internationale de Défense Foundation des Mouvements Familiaux de Formation Human Rights Advocates, Inc. Rurale Human Rights Watch Association pour la Promotion de l’Emploi Inclusion International (International League et du Logement of Societies for Persons with Mental ATLAS - Association tunisienne pour Handicap) l’auto-développement et la solidarité Indian Council of Education E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 140 Indian Movement “Tupaj Amaru” International Young Catholic Students Indigenous World Association Inuit Circumpolar Conference Inter-African Committee on Traditional Japan Fellowship of Reconciliation Practices Affecting the Health of Women Latin American Human Rights Association and Children Netherlands Organization for International Interfaith International Development Cooperation International Association against Torture North-South XXI International Association for the Defence Organisation nationale de l’enfance of Religious Liberty tunisienne International Association of Democratic Organisation tunisienne des jeunes médecins Lawyers sans frontières International Association of Jewish Lawyers Organization for Defending Victims of and Jurists Violence International Catholic Migration Pax Christi International, International Commission Catholic Peace Movement International Commission of Jurists Pax Romana (International Catholic International Council of Jewish Women Movement for Intellectual and Cultural International Federation of ACAT (Action Affairs and International Movement of of Christians for the Abolition of Torture) Catholic Students) International Federation of Human Rights Publication and Coordination Centre of Leagues Islamic Ideology and Sufi-ism International Federation of Social Workers Shimin Gaikou Centre (Citizens’ Diplomatic International Federation of University Centre for the Rights of Indigenous Women Peoples) International Federation Terre des Hommes Society for Threatened Peoples International Fellowship of Reconciliation Union Internationale des Avocats (UIA) International Human Rights Law Group Union Nationale de la Femme Tunisienne International Indian Treaty Council Union of Arab Jurists International Institute of Humanitarian Law United Towns Agency for North-South International League for the Rights and Cooperation Liberation of Peoples Women’s International League for Peace International Movement for Fraternal Union and Freedom among Races and Peoples Women’s International Zionist Organization International Movement of Apostolate in the World Federation for Mental Health Independent Social Milieus World Federation of Methodist and Uniting International Organization for the Church Women Development of Freedom of Education World Information Clearing Centre International Organization for the World Organization Against Torture Elimination of All Forms of Racial Worldview International Foundation Discrimination International Organization of Indigenous Resource Development International Rehabilitation Council for Torture Victims International Service for Human Rights International Work Group for Indigenous Affairs E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 142 Annex IV ADMINISTRATIVE AND PROGRAMME BUDGET IMPLICATIONS OF RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FIFTY-SECOND SESSION 1. It is anticipated that the requirements relating to resolutions and decisions adopted by the Sub_Commission at its fifty-second session, which are to be considered by the Commission on Human Rights at its fifty_seventh session, would be absorbed from within the provisions made under section 21 of the 2000-2001 programme budget for activities mandated by the Economic and Social Council. If warranted, statements on administrative and programme budget implications will be prepared. 2. Should the draft decisions recommended to the Commission on Human Rights at its fifty_seventh session be adopted, additional resources which would be required under section 21 would be the subject of a statement on administrative and programme budget implications included in the report of the Commission. Accordingly, no statements on administrative and programme budget implications are included in the present report in respect of resolutions and decisions adopted by the Sub_Commission at its fifty-second session. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 143 Annex V SUB-COMMISSION RESOLUTIONS AND DECISIONS REFERRING TO MATTERS WHICH ARE DRAWN TO THE ATTENTION OF THE COMMISSION ON HUMAN RIGHTS Resolutions 2000/1 Human rights and humanitarian consequences of sanctions, including embargoes, paragraph 1 (a) and (b) 2000/6 The Social Forum, paragraph 2 2000/8 Promotion of the realization of the right to drinking water and sanitation, paragraph 3 2000/9 Optional protocol to the International Covenant on Economic, Social and Cultural Rights, paragraph 2 2000/11 Situation of women and girls in the territories controlled by Afghan armed groups, paragraph 9 2000/13 Systematic rape, sexual slavery and slavery-like practices, paragraph 4 2000/14 Working Group on Indigenous Populations, paragraphs 7, 18 and 21 2000/15 International Decade of the World_s Indigenous People, paragraph 15 2000/16 The rights of minorities, paragraph 9 2000/17 The death penalty in relation to juvenile offenders, paragraph 4 2000/18 Question of enforced disappearances, paragraphs 1 and 2 2000/19 Report of the Working Group on Contemporary Forms of Slavery, paragraph 80 2000/25 Adverse consequences of economic sanctions, paragraphs 4 and 5 2000/26 Reservations to human rights treaties, paragraph 5 2000/27 Continuing obligations under international human rights instruments, paragraph 4 (a) E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 144 Decisions 2000/105 Implementation of Commission on Human Rights decision 2000/109 2000/106 Report of the Chairperson of the Sub-Commission to the Commission on Human Rights 2000/107 Draft principles and guidelines for the protection of the heritage of indigenous peoples Annex VI LIST O F STUDIES AND REPORTS A. STUDIES AND REPORTS COMPL OF THE SUB-COMMISSIONa ETED AT THE FIFTY-SECOND SESSION Item Title Special Rapporteur Legislative authority First submission Final submission 6 Systematic rape, sexual slavery and slavery-like practices during armed conflict, including internal armed conflict Ms. McDougall Sub-Commission resolution 2000/13 Forty-eighth session (1996) Fifty-second session (2000) Item Title Special Rapporteur Legislative authority First submission Final submission 3 The concept and practice of affirmative action Mr. Bossuyt Commission on Human Rights decision 1999/107 Sub-Commission resolution 1998/5 Fifty-second session (2000) Fifty-fourth session (2002) 3 The rights of non-citizens Mr. Weissbrodt Commission on Human Rights decision 2000/104 Fifty-third session (2001) Fifty-fifth session (2003) Sub-Commission decision 2000/103 4 Globalization and its impact on the full enjoyment of all human rights Mr. Oloka-Onyango and Ms. Udagama Sub-Commission resolution 1999/8 Commission on Human Rights decision 2000/102 Fifty-second session (2000) Fifty-fourth session (2002) 5 Traditional practices affecting the health of women and the girl child Ms. Warzazi Commission on Human Rights resolution 1999/80 Sub-Commission resolution 2000/10 Forty-first session (1989) Fifty-fourth session (2002) 7 Indigenous peoples and their relationship to land Ms. Daes Sub-Commission decision 2000/108 Forty-ninth session (1997) Fifty-third session (2001) 12 Terrorism and human rights Ms. Koufa Commission on Human Rights decision 1998/107 Fifty-first session (1999) Fifty-fourth session (2002) Sub-Commission decision 2000/115 C. WORKING PAPERS AND OTHER DOCUMENTS WITHOUT FINANCIAL IMPLICATIONS ENTRUSTED TO MEMBERS OF THE SUB-COMMISSION IN ACCORDANCE WITH EXISTING LEGISLATIVE AUTHORITYa Item Title Entrusted to Legislative authority First submission Final submission 3 Discrimination based on work and descent Mr. Goonesekere Sub-Commission resolution 2000/4 Fifty-third session (2001) 12 Promotion and consolidation of democracy Mr. Rodríguez-Cuadros Sub-Commission decision 2000/116 Fifty-third session (2001) D. STUDIES AND REPORTS RECOMMENDED TO THE COMMISSION ON HUMAN RIGHTS FOR APPROVALa Item Title Special Rapporteur Legislative authority First submission Final submission 4 Promotion of the realization of the right to drinking water supply and sanitation Mr. Guissé Sub-Commission resolution 2000/8 Fifty-third session (2001) Fifty-fifth session (2003) 8 The human rights problems and protections of the Roma Mr. Sik Yuen Sub-Commission decision 2000/109 Fifty-fourth session (2002) Fifty-sixth session (2004) 12 Reservations to human rights treaties Ms. Hampson Sub-Commission resolution 2000/26 Fifty-third session (2001) Fifty-fifth session (2003) 12 Human rights and human responsibilities Mr. Alfonso Martínez Commission on Human Rights resolution 2000/63 Sub-Commission decision 2000/111 Fifty-eighth session of the Commission on Human Rights (2002) Fifty-ninth session of the Commission on Human Rights (2003) a This has been prepared in accordance with Commission on Human Rights resolution 1982/23. E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 149 Annex VII LIST OF DOCUMENTS ISSUED FOR THE FIFTY-SECOND SESSION OF THE SUB-COMMISSION Documents issued in the general series Symbol Agenda item E/CN.4/Sub.2/2000/1 Provisional agenda: note by the Secretary-General E/CN.4/Sub.2/2000/1/Rev.1 Agenda and Corr.1 E/CN.4/Sub.2/2000/1/Add.1 Annotations to the provisional agenda prepared by the Secretary-General E/CN.4/Sub.2/2000/2 12 (a) (iii) Observance of human rights by States which are not parties to United Nations human rights conventions: additional working paper submitted by Mr. V. Kartashkin pursuant to Sub-Commission resolution 1999/28 E/CN.4/Sub.2/2000/3 6 Updated review of the implementation of and follow-up to the conventions on slavery: working paper prepared by Mr. David Weissbrodt and Anti-Slavery International E/CN.4/Sub.2/2000/3/Add.1 6 Idem. Forms of slavery E/CN.4/Sub.2/2000/4 2 Situation of human rights in the Republic of the Congo: note by the secretariat E/CN.4/Sub.2/2000/5 2 Violations of the rights of human rights defenders in all countries: report of the High Commissioner for Human Rights E/CN.4/Sub.2/2000/6 2 The death penalty, particularly in relation to juvenile offenders: note by the secretariat E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 150 Symbol Agenda item E/CN.4/Sub.2/2000/7 2 Status of withdrawals and reservations with respect to the International Covenants on Human Rights: report of the Secretary-General E/CN.4/Sub.2/2000/8 2 Situation of human rights in Togo: note by the Secretary-General E/CN.4/Sub.2/2000/9 2 Note verbale dated 29 June 2000 from the Permanent Mission of Belarus to the United Nations Office at Geneva addressed to the Office of the High Commissioner for Human Rights E/CN.4/Sub.2/2000/10 8 Working paper on the relationship and distinction between the rights of persons belonging to minorities and those of indigenous peoples: working paper submitted by Ms. Erica-Irene A. Daes and Mr. Asbjörn Eide in accordance with Sub-Commission resolution 1999/23 E/CN.4/Sub.2/2000/11 3 The concept and practice of affirmative action: and Corr.1 preliminary report submitted by Mr. Marc Bossuyt, Special Rapporteur, in accordance with Sub-Commission resolution 1998/5 E/CN.4/Sub.2/2000/12 4 (c) Report of the sessional working group on the working methods and activities of transnational corporations on its second session E/CN.4/Sub.2/2000/13 4 Globalization and its impact on the full enjoyment of human rights: preliminary report submitted by Mr. J. Oloka-Onyango and Ms. Deepika Udagama, in accordance with Sub-Commission resolution 1999/8 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 151 Symbol Agenda item E/CN.4/Sub.2/2000/14 4 Promoting the right to development in the and Add.1 context of the United Nations Decade for the Elimination of Poverty (1997-2006): report of the Secretary-General submitted in accordance with Sub-Commission resolution 1999/9 E/CN.4/Sub.2/2000/15 4 (d) Note by the secretariat E/CN.4/Sub.2/2000/16 4 The right of everyone to access to drinking and Corr.1 water supply and sanitation services: note by the secretariat E/CN.4/Sub.2/2000/17 5 (a) Fourth report on the situation regarding the elimination of traditional practices affecting the health of women and the girl child, submitted by Ms. Halima Embarek Warzazi pursuant to Sub-Commission resolution 1999/13 E/CN.4/Sub.2/2000/18 5 Report of the Secretary-General on the situation of women and girls in Afghanistan submitted in accordance with Sub-Commission resolution 1999/14 E/CN.4/Sub.2/2000/19 5 (b) Note by the secretariat E/CN.4/Sub.2/2000/20 6 Systematic rape, sexual slavery and slavery-like practices during armed conflicts: report of the High Commissioner for Human Rights E/CN.4/Sub.2/2000/21 6 Systematic rape, sexual slavery and slavery-like practices during armed conflict: update to the final report submitted by Ms. Gay J. McDougall, Special Rapporteur E/CN.4/Sub.2/2000/22 6 Report of the Secretary-General on the implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour, submitted pursuant to Sub-Commission resolution 1997/22 E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 152 Symbol Agenda item E/CN.4/Sub.2/2000/23 6 Report of the Working Group on Contemporary Forms of Slavery on its twenty-fifth session E/CN.4/Sub.2/2000/24 7 Report of the Working Group on Indigenous Populations on its eighteenth session E/CN.4/Sub.2/2000/25 7 (a) Indigenous peoples and their relationship to land: final working paper submitted by Ms. Erica-Irene A.Daes, Special Rapporteur E/CN.4/Sub.2/2000/26 7 Report of the seminar on the draft principles and guidelines for the protection of the heritage of indigenous people E/CN.4/Sub.2/2000/27 8 Report of the Working Group on Minorities on its sixth session E/CN.4/Sub.2/2000/28 8 The human rights problems and protections of the Roma: working paper submitted by Mr. Y.K.J. Yeung Sik Yuen pursuant to Sub-Commission decision 1999/109 E/CN.4/Sub.2/2000/29 [Symbol not used] E/CN.4/Sub.2/2000/30 [Symbol not used] E/CN.4/Sub.2/2000/31 12 Terrorism and human rights: note by the secretariat E/CN.4/Sub.2/2000/32 12 Reservations to human rights treaties: note by the secretariat E/CN.4/Sub.2/2000/33 12 The adverse consequences of economic sanctions on human rights: working paper submitted by Mr. Marc Bossuyt in accordance with Sub-Commission decision 1999/111 E/CN.4/Sub.2/2000/34 12 Note by the Secretary-General E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 153 Symbol Agenda item E/CN.4/Sub.2/2000/35 2 Letter dated 12 June 2000 from the Chargé d’affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2000/36 2 Letter dated 12 June 2000 from the Chargé d’affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2000/37 4 Note verbale dated 3 July 2000 from the Permanent Mission of Iraq to the United Nations Office at Geneva addressed to the Office of the High Commissioner for Human Rights E/CN.4/Sub.2/2000/38 2 and Letter dated 20 July 2000 from the 12 (b)(ii) Chargé d’affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2000/39 2 Letter dated 28 July 2000 from the Chargé d’affaires a.i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 154 Symbol Agenda item E/CN.4/Sub.2/2000/40 7 Report submitted by Ms. Erica-Irene A. Daes, Chairperson-Rapporteur of the Working Group on Indigenous Populations, on her visit to Mexico (28 January-14 February 2000): executive summary E/CN.4/Sub.2/2000/41 5 Letter dated 7 August 2000 from the Permanent Representative of Azerbaijan to the United Nations Office at Geneva addressed to the secretariat of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2000/42 2, 4 and Letter dated 8 August 2000 from the 12 (b) (i) Chargé d’affaires a. i. of the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations Office at Geneva addressed to the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/Sub.2/2000/43 12 (a) (i) Note by the secretariat E/CN.4/Sub.2/2000/44 9 Report of the sessional working group on the administration of justice E/CN.4/Sub.2/2000/45 12 Letter dated 15 August 2000 from the Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the United Nations Office at Geneva addressed to the Chairperson of the fifty-second session of the Sub-Commission on the Promotion and Protection of Human Rights E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 155 Documents issued in the limited series Symbol Agenda item E/CN.4/Sub.2/2000/L.1 [Symbol not used] E/CN.4/Sub.2/2000/L.2 6 United Nations Voluntary Trust Fund on Contemporary Forms of Slavery: draft resolution E/CN.4/Sub.2/2000/L.3 5 (a) Traditional practices affecting the health of women and the girl child: draft resolution E/CN.4/Sub.2/2000/L.4 12 Human rights and human responsibilities: draft decision E/CN.4/Sub.2/2000/L.5 12 Human rights and human responsibilities: draft decision E/CN.4/Sub.2/2000/L.6 1 (c) Report of the Chairperson of the Sub-Commission to the Commission on Human Rights: draft decision E/CN.4/Sub.2/2000/L.7 3 The rights of non-citizens: draft decision E/CN.4/Sub.2/2000/L.8 3 The concept and practice of affirmative action: draft decision E/CN.4/Sub.2/2000/L.9 2 Human rights and humanitarian consequences of sanctions, including embargoes: draft resolution E/CN.4/Sub.2/2000/L.10 13 (c) Draft report of the Sub-Commission on the and Add. 1-12 Promotion and Protection of Human Rights on its fifty-second session E/CN.4/Sub.2/2000/L.11 13 (c) Draft report of the Sub-Commission on the and Add. 1-2 Promotion and Protection of Human Rights on its fifty-second session E/CN.4/Sub.2/2000/L.12 3 (a) World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and migrant workers: draft resolution E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 156 Symbol Agenda item E/CN.4/Sub.2/2000/L.13 3 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance: draft reolution E/CN.4/Sub.2/2000/L.14 3 Discrimination based on occupation and descent: draft resolution E/CN.4/Sub.2/2000/L.15 6 Systematic rape, sexual slavery and slavery- like practices: draft resolution E/CN.4/Sub.2/2000/L.16 4 (a) The Social Forum: draft resolution E/CN.4/Sub.2/2000/L.17 12 (a) (i) Promotion of dialogue on human rights issues: draft resolution E/CN.4/Sub.2/2000/L.18 12 (a) (iii) Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights: draft resolution E/CN.4/Sub.2/2000/L.19 7 (a) Draft principles and guidelines for the protection of the heritage of indigenous peoples: draft decision E/CN.4/Sub.2/2000/L.20 4 Intellectual property rights and human rights: draft resolution E/CN.4/Sub.2/2000/L.21 8 The human rights problems and protection of the Roma: draft decision E/CN.4/Sub.2/2000/L.22 6 Report of the Working Group on Contemporary Forms of Slavery: draft resolution E/CN.4/Sub.2/2000/L.23 4 (b) Promotion of the realization of the right to drinking water and sanitation: draft resolution E/CN.4/Sub.2/2000/L.24 5 Situation of women and girls in Afghanistan: draft resolution E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 157 Symbol Agenda item E/CN.4/Sub.2/2000/L.25 10 (a) The right to seek and enjoy asylum: draft resolution E/CN.4/Sub.2/2000/L.26 10 Detention of asylum-seekers: draft resolution E/CN.4/Sub.2/2000/L.27 8 The rights of minorities: draft resolution E/CN.4/Sub.2/2000/L.28 10 the right of return of displaced persons: draft resolution E/CN.4/Sub.2/2000/L.29 9 (b) The death penalty in relation to juvenile offenders: draft resolution E/CN.4/Sub.2/2000/L.30 1 (c) Creation of a pre-sessional working group on the administration of justice: draft resolution E/CN.4/Sub.2/2000/L.31 9 Role of universal or extraterritorial competence in preventive action against impunity: draft resolution E/CN.4/Sub.2/2000/L.32 12 (b) (i) Humanitarian situation in Iraq: draft decision E/CN.4/Sub.2/2000/L.33 12 (b) (i) Adverse consequences of economic sanctions: draft resolution E/CN.4/Sub.2/2000/L.34 12 (b) (ii) Terrorism and human rights: draft decision E/CN.4/Sub.2/2000/L.35 12 (a) (i) Promotion and consolidation of democracy: draft decision E/CN.4/Sub.2/2000/L.36 4 (a) Optional protocol to the International Covenant on Economic, Social and Cultural Rights: draft resolution E/CN.4/Sub.2/2000/L.37 7 Working Group on Indigenous Populations: draft resolution E/CN.4/Sub.2/2000/L.38 7 International Decade of the World’s Indigenous People: draft resolution E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 158 Symbol Agenda item E/CN.4/Sub.2/2000/L.39 12 Reservations to human rights treaties: draft resolution E/CN.4/Sub.2/2000/L.40 12 State cooperation with United Nations human rights mechanisms: draft resolution E/CN.4/Sub.2/2000/L.41 12 (a) (iii) Continuing obligations under international human rights instruments: draft resolution E/CN.4/Sub.2/2000/L.42 9 (c) Question of enforced or involuntary disappearances: draft resolution E/CN.4/Sub.2/2000/L.43 7 (a) Update to the final working paper on indigenous peoples and their relationship to land: draft decision E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 159 Documents issued in the non-governmental organization series Symbol Agenda item E/CN.4/Sub.2/2000/NGO/1 2 Written statement submitted by the Society for Threatened Peoples, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/2 2 Written statement submitted by the International League for Human Rights, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/3 8 Written statement submitted by Caucasians United for Reparations and Emancipation, a non-governmental organization on the Roster E/CN.4/Sub.2/2000/NGO/4 12 Written statement submitted by the International League for the Rights and Liberation of Peoples, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/5 4 Written statement submitted by Europe- Third World Centre, a non-governmental organization in general consultative status E/CN.4/Sub.2/2000/NGO/6 4 (a) and Written statement submitted by the (b) Indian Movement “Tupaj Amaru”, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/7 4 (c) Idem E/CN.4/Sub.2/2000/NGO/8 3 Written statement submitted by North-South XXI, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/9 4 Idem E/CN.4/Sub.2/2000/NGO/10 4 (c) Idem E/CN.4/Sub.2/2000/NGO/11 9 Idem E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 160 Symbol Agenda item E/CN.4/Sub.2/2000/NGO/12 6 Written statement submitted by Japan Fellowship Of Reconciliation, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/13 4 (a) and Written statement submitted by Europe-Third 12 World Centre, a non-governmental organization in general consultative status E/CN.4/Sub.2/2000/NGO/14 4 Joint written statement submitted by Habitat International Coalition and the Lutheran World Federation, non-governmental organizations in special consultative status E/CN.4/Sub.2/2000/NGO/15 12 (c) Written statement submitted by Inclusion International, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/16 4 (b) Joint written statement submitted by Europe-Third World Centre, a a non-governmental organization in general consultative status, and the American Association of Jurists, the Commission for the Defense of Human Rights in Central America, the Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, North-South XXI and Service Peace and Justice in Latin America, non-governmental organizations in special consultative status E/CN.4/Sub.2/199/NGO/17 4 (c) Joint written statement submitted by Europe-Third World Centre, a non-governmental organization in general consultative status, and the American Association of Jurists and Pax Romana, non-governmental organizations in special consultative status E/CN.4/2001/2 E/CN.4/Sub.2/2000/46 page 161 Symbol Agenda item E/CN.4/Sub.2/2000/NGO/18 9 (c) Joint written statement submitted by Europe-Third World Centre, a non-governmental organization in general consultative status, and the American Association of Jurists, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/19 4 Written statement submitted by the International Council of Environmental Law, a non-governmental organization in special consultative status E/CN.4/Sub.2/2000/NGO/20 4 and 9 Written statement submitted by Europe-hird World Centre, a non-governmental organization in general consultative status E/CN.4/Sub.2/2000/NGO/21 2 Written statement submitted by the Indian Law Resource Center, a non-governmental organization on the Roster E/CN.4/Sub.2/2000/NGO/22 3 Written statement submitted by Agir ensemble pour les droits de l’homme, a non-governmental organization in special consultative status Annex VIII RESOLUTIONS AND DECISIONS ADOPTED BY THE SUB-COMMISSION AT ITS FIFTY-SECOND SESSION Number of resolutions adopted: 27 Number of decisions adopted: 20 Document E/CN.4/Sub.2/ 2000/ Action taken No. Title a Method of adoption b Paragraphs of report AGENDA ITEM 1: ORGANIZATION OF WORK L.30 resolution 2000/5 Creation of a pre-sessional working group on the administration of justice without a vote 39 - 41 decision 2000/101 Establishment of a sessional working group on the working methods and activities of transnational corporations under agenda item 4 © without a vote 17 (a) decision 2000/102 Establishment of a sessional working group on the administration of justice under agenda item 9 without a vote 17 (b) decision 2000/105 Implementation of Commission on Human rights decision 2000/109 without a vote 29 - 35 L.6 decision 2000/106 Report of the Chairperson of the Sub-Commission to the Commission on Human Rights without a vote 36 - 38 decision 2000/119 Composition of working groups of the without a vote 42 - 44 Sub-commission for 2001 Document E/CN.4/Sub.2/ Action taken No. Title a Method of adoption b Paragraphs of report 2000/ AGENDA ITEM 2: QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, … L.9 resolution 2000/1 Human rights and humanitarian consequences of sanctions, including embargoes without a vote 49 - 55 AGENDA ITEM 3: COMPREHENSIVE EXAMINATION OF THEMATIC ISSUES RELATING TO THE ELIMINATION OF RACIAL DISCRIMINATION L.12 resolution 2000/2 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and Migrant Workers without a vote 67 - 69 L.13 resolution 2000/3 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance without a vote 70 - 75 L.14 resolution 2000/4 Discrimination based on work and descent without a vote 76 - L.7 decision 2000/103 The rights of non-citizens without a vote 61 - 63 L.8 decision 2000/104 The concept and practice of affirmative action without a vote 64 - 66 Document E/CN.4/Sub.2/ 2000/ Action taken No. Title a Method of adoption b Paragraphs of report AGENDA ITEM 4: THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS L.16 resolution 2000/6 The Social Forum without a vote 86 - 88 L.20 resolution 2000/7 Intellectual property rights and human rights without a vote 89 - 93 L.23 resolution 2000/8 Promotion of the realization of the right to drinking water and sanitation without a vote 94 - 96 L.36 resolution 2000/9 Optional protocol to the International Covenant on Economic, Social and Cultural Rights without a vote 97 - 99 AGENDA ITEM 5: THE IMPLEMENTATION OF HUMAN RIGHTS WITH REGARD TO WOMEN L.3 resolution 2000/10 Traditional practices affecting the health of women and the girl child without a vote 104 - 107 L.24 resolution 2000/11 Situation of women and girls in the territories controlled by Afghan armed groups without a vote 108 - 113 AGENDA ITEM 6: CONTEMPORARY FORMS OF SLAVERY L.2 resolution 2000/12 United Nations Voluntary Trust Fund on Contemporary Forms of Slavery without a vote 118 - 119 L.15 resolution 2000/13 Systematic rape, sexual slavery-like practices without a vote 120 - 122 Document E/CN.4/Sub.2/ 2000/ Action taken No. Title a Method of adoption b Paragraphs of report L.22 resolution 2000/19 Report of the Working Group on Contemporary Forms of Slavery without a vote 123 - 125 AGENDA ITEM 7: HUMAN RIGHTS OF INDIGENOUS PEOPLES L.37 resolution 2000/14 Working Group on Indigenous Populations without a vote 133 - 137 L.38 resolution 2000/15 International Decade of the World’s Indigenous People without a vote 138 - 141 L.19 decision 2000/107 Draft principles and guidelines for the protection of the heritage of indigenous peoples without a vote 131 - 132 L.43 decision 2000/108 Update to the final working paper on indigenous peoples and their relationship to land without a vote 142 - 144 AGENDA ITEM 8: PREVENTION OF DISCRIMINATION AGAINST AND THE PROTECTION OF MINORITIES L.27 resolution 2000/16 The rights of minorities without a vote 153 - 155 L.21 decision 2000/109 The human rights problems and protections of the Roma without a vote 150 - 152 Document E/CN.4/Sub.2/ Action taken No. Title a Method of adoption b Paragraphs of report 2000/ AGENDA ITEM 9: THE ADMINISTRATION OF JUSTICE AND HUMAN RIGHTS L.29 resolution 2000/17 The death penalty in relation to juvenile offenders without a vote 160 - 162 L.42 resolution 2000/18 Question of enforced disappearances without a vote 170 - 172 L.31 resolution 2000/24 Role of universal or extraterritorial competence in preventive action against impunity without a vote 163 - 169 decision 2000/114 Mass and flagrant violations of human rights which constitute crimes against humanity and which took place during the colonial period, wars of conquest and slavery without a vote 173 - 174 AGENDA ITEM 10: FREEDOM OF MOVEMENT L.25 resolution 2000/20 The right to seek and enjoy asylum without a vote 178 - 184 L.26 resolution 2000/21 Detention of asylum-seekers without a vote 185 - 188 decision 2000/110 New sub-item of the agenda on smuggling and trafficking in persons and the protection of their human rights without a vote 196 - 198 decision 2000/113 Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000/28, entitled “The right of return of displaced persons” vote (11/9/1) 189 - 195 Document E/CN.4/Sub.2/ Action taken No. Title a Method of adoption b Paragraphs of report 2000/ AGENDA ITEM 11: SITUATION REGARDING THE PROMOTION, FULL REALIZATION AND PROTECTION OF THE RIGHTS OF CHILDREN AND YOUTH ----- ----- ----- ----------------------------------------------------------- ----- ---- AGENDA ITEM 12: REVIEW OF FURTHER DEVELOPMENTS IN FIELDS WITH WHICH THE SUB-COMMISSION HAS BEEN OR MAY BE CONCERNED L.17 resolution 2000/22 Promotion of dialogue on human rights issues without a vote 215 - 216 L.18 resolution 2000/23 Observance of the human rights and fundamental freedoms contained in the Universal Declaration of Human Rights by States which are not parties to the International Covenants on Human Rights without a vote 217 - 220 L.33 resolution 2000/25 Adverse consequences of economic sanctions without a vote 225 - 227 L.39 resolution 2000/26 Reservations to human rights treaties without a vote 235 - 239 L.41 resolution 2000/27 Continuing obligations under international human rights instruments without a vote 243 - 246 Document E/CN.4/Sub.2/ Action taken No. Title a Method of adoption b Paragraphs of report 2000/ L.4 decision 2000/111 Human rights and human responsibilities roll-call vote 206 - 212 (14/4/5) L.32 decision 2000/112 Humanitarian situation of the Iraqi population without a vote 221 - 224 L.34 decision 2000/115 Terrorism and human rights without a vote 228 - 231 L.35 decision 2000/116 Promotion and consolidation of democracy without a vote 232 - 234 decision 2000/117 Adjournment of the debate on draft resolution E/CN.4/Sub.2/2000.40, entitled “State cooperation with United Nations human rights mechanisms” without a vote 240 - 242 decision 2000/118 Adjournment of the debate on the draft decision entitled “The adverse effects on human rights of the proliferation and transfer of small arms and light weapons” without a vote 247 - 249 AGENDA ITEM 13: CONCLUDING ITEMS decision 2000/120 Items proposed by the Bureau for the provisional agenda of the fifty-third session of the Sub-Commission Without a vote 250 - 253 a The titles of agenda items have been abbreviated, where appropriate. b In the case of a vote, the figures in brackets represent: votes in favour/votes against/abstentions.