Work of the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

1988/43. Work of the Sub-Commission on Prevention of Discrimination and Protection of Minorities

The Commission on Human Rights, Taking note of the report of the Sub-Commission on Prevention of Discrimination and Protection of Minorities on its thirty-ninth session (E/CN.4/1988/37 and Corr.1), Expressing appreciation for the positive contribution made by the Sub-Commission to the work of the Commission in the promotion and protection of human rights, Recalling the terms of reference of the Sub-Commission as defined by the Commission at its first and fifth sessions and its particular responsibilities established in Commission resolutions 8 (XXIII) of 16 March 1967 and 17 (XXXVII) of 10 March 1981, Economic and Social Council resolutions 1235 (XLII) of 6 June 1967 and 1503 (XLVIII) of 27 May 1970 and the relevant resolutions of the General Assembly, Reaffirming its resolutions 1982/23 of 10 March 1982, 1983/22 of 4 March 1983, 1985/28 of 11 March 1985 and 1986/38 of 12 March 1986 concerning the reports of the Sub-Commission on its thirty-fourth, thirty-fifth, thirty-seventh and thirty-eighth sessions, Convinced that it is essential that the impartiality and objectivity of the Sub-Commission and the independent status of its members and their alternates should be its guiding principles, Mindful of the important contribution which non-governmental organizations in consultative status with the Economic and Social Council make to the work of the Sub-Commission, in conformity with the principles embodied in Economic and Social Council resolutions 1296 (XLIV) of 23 May 1968 and 1919 (LVIII) of 5 May 1975, Reaffirming that the systematic preparation of well-researched studies and reports is a most important element of the expert work of the Sub-Commission and of its contribution to the work of the Commission, Welcoming the interest shown by the Sub-Commission in fostering a more substantial dialogue with the Commission, Stressing the valuable role that the Sub-Commission, as a body of independent experts, can play, inter alia, in initiating new developments in the field of human rights and also in providing a forum for the contributions of non-governmental organizations in this field, Reaffirming that it is helpful and appropriate for the Commission, as the parent body, to give guidance to the Sub-Commission in order to ensure the complementarity of its activities with those of the Commission and to maximize the effectiveness of its expert contributions to the Commission's work, and convinced that it is appropriate for the Commission to give more considered attention to the work of the Sub-Commission and thereby increase the effectiveness of both bodies in their respective roles, Noting that the steps taken so far by the Sub-Commission to rationalize and streamline its work have not fully achieved the desired results,

1. Reaffirms that the Sub-Commission can best assist the Commission by providing it with recommendations based on the different views and perspectives of independent experts, which should be appropriately reflected in the Sub-Commission's reports as well as in the expert studies carried out under its auspices;

2. Calls upon the Sub-Commission, in the fulfilment of its functions and duties, to be guided by the relevant resolutions of the Commission and the Economic and Social Council;

3. Draws the attention of the Sub-Commission to the comments and suggestions made at the forty-fourth session of the Commission and requests the Sub-Commission to take them into account;

4. Firmly recommends that, in order to promote an even work-load and the expeditious performance of its tasks, the Sub-Commission should, as a general rule, propose a new study only when a study previously authorized is fully completed;

5. Requests the Sub-Commission to give priority to those topics on which standards are being prepared, in accordance with decisions taken by the Commission and within the time frames set by the Commission;

6. Urges all the special rapporteurs of the Sub-Commission to submit their reports by the deadline given by the Secretariat so that these reports can be available in all languages well before the meeting;

7. Reminds the Sub-Commission that new studies can only be undertaken, or reports involving financial implications requested from the Secretary-General, after authorization by its superior bodies;

8. Recalls Sub-Commission resolution 1984/37 of 31 August 1984, in which the Sub-Commission established a three-year cycle for the finalization of reports undertaken under its auspices and in which it expressed its understanding that the stages of that cycle would not normally require repeated approval by The Commission on Human Rights or the Economic and Social Council or further resolutions of the Sub-Commission;

9. Requests the Secretary-General to draw the attention of the Sub-Commission, in all instances where decisions or resolutions would involve financial implications not hitherto approved, to the necessity to submit to its superior bodies draft proposals for their consideration;

10. Asks the Sub-Commission to restrict its requests to the Secretary-General to asking Governments, intergovernmental organizations, specialized agencies and other such bodies for their views and comments only on those studies which have received prior explicit approval from the Commission;

11. Invites the Sub-Commission to give due consideration to draft resolutions proposed for adoption and to seek the widest possible measure of agreement on them, bearing in mind that such resolutions should be proposed only on such subjects as have been thoroughly discussed in the Sub-Commission or in its working groups and should be consistent with the role of the Sub-Commission as a body of independent experts;

12. Urges the Sub-Commission, when examining items which are extensively discussed elsewhere in the United Nations system, to concentrate its attention on those specific human rights issues on which it can make a distinctive contribution;

13. Firmly recommends that the Sub-Commission should pay particular attention to the standard-setting activities which have been assigned to it by the Commission;

14. Invites the Sub-Commission to give due regard to new developments in the field of human rights;

15. Recognizes that working groups constitute an invaluable element in the expert work of the Sub-Commission;

16. Calls upon States to nominate as members and alternates persons meeting the criteria of independent experts who should discharge their functions in that capacity as members of the Sub-Commission;

17. Calls upon all members of the Sub-Commission to attend the sessions of the Sub-Commission and its working groups or to be represented by their alternates and to take an active part in their deliberations in order to achieve a broad exchange of individual views based on the knowledge and experience of all the members;

18. Invites the Sub-Commission to continue its efforts to rationalize its agenda and to arrive at increased efficiency and economical methods of work, inter alia by:

(a) Avoiding procedural debates to the maximum extent possible so that more time can be devoted to matters of substance;

(b) Organizing contributions of observers and non-governmental organizations in such a way as to leave sufficient time for debate among its members;

19. Requests the-Secretary-General to continue to give strong support to the Sub-Commission and in particular to ensure that Sub-Commission documents are available in all languages in good time before the session;

20. Requests the Chairman of the Sub-Commission to report to the Commission on the implementation of the guidelines which the Commission is providing in the present resolution.

52nd meeting
8 March 1988
[Adopted without a vote. See chap. XIX.]