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

1990/64. 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 forty-first session (E/CN.4/1990/2 and Corr.1 and 2), 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, Recalling also its resolution 1989/36 of 6 March 1989, in which it provided certain guidelines for the work of the Sub-Commission, Expressing appreciation for the report of the Chairman of the Sub-Commission prepared in accordance with paragraph 15 of Commission resolution 1989/36 (E/CN.4/1990/40), Convinced of the need for a further strengthening of a substantial and meaningful dialogue between the Commission and the Sub-Commission, Also 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 continue to be its guiding principles, Further convinced that the credibility and effectiveness of the Sub-Commission as an expert human rights body are dependent on Governments nominating and the Commission electing as members and alternates of the Sub-Commission only individuals who possess genuine expertise in the field of human rights and who are able to act independently of their Governments, Calling upon Governments to respect the independence of the members of the Sub-Commission, Reaffirming that the systematic preparation of well-researched studies, reports and draft international instruments continues to be one of the most important elements of the expert work of the Sub-Commission and of its contribution to the work of the Commission, Noting the growing number of resolutions and decisions adopted by the Sub-Commission every year, Stressing the valuable role that the Sub-Commission, as a body of independent experts, can play, inter alia, in addressing new developments in the field of human rights and also in providing a forum for the contributions of non-governmental organizations in the field of new developments, Mindful of the important contribution in general that 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 Council resolutions 1296 (XLIV) of 23 May 1968 and 1919 (LVIII) of 5 May 1975, Welcoming Sub-Commission decision 1989/104 of 30 August 1989, by which it established a sessional working group to prepare an overview and an analysis of the suggestions and proposals which have been made in order to enable the Sub-Commission to discharge better its responsibilities in dealing with the protection and promotion of human rights, and which would include, in particular, suggestions and proposals made by the Commission, Convinced that it is highly appropriate for the Commission to give considered attention to the work of the Sub-Commission and thereby maintain the effectiveness of both bodies in their respective roles, Reaffirming that it remains important for the Commission to give guidance to the Sub-Commission, and for the Sub-Commission to follow it, in order to ensure the complementarity of its activities with those of the Commission,

1. Reaffirms that the Sub-Commission on Prevention of Discrimination and Protection of Minorities can best assist the Commission on Human Rights by providing it with recommendations based on the different views and perspectives of independent experts, which should be appropriately reflected in the report of the Sub-Commission 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. 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;

4. 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;

5. Recommends that the Sub-Commission should, as a general rule, propose a new study only when a study previously authorized is fully completed;

6. Reminds the Sub-Commission that new studies or other reports involving financial implications can only be undertaken after authorization by its superior bodies;

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

8. 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 draft resolutions should be proposed only on subjects that 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;

9. Requests the Sub-Commission at its forty-second session to consider its practice of forwarding draft resolutions and decisions to the Commission for attention, action or consideration;

10. 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 to which it can make a distinctive contribution;

11. Invites the Sub-Commission to request its Working Group established under its decision 1989/104 to include in its deliberations an examination of ways and means to avoid any proliferation of studies as well as of draft resolutions or decisions on issues already being dealt with by the Commission;

12. Also invites the Sub-Commission to continue to give due regard to new developments in the field of human rights;

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

14. Takes note of the steps taken so far by the Sub-Commission to rationalize and streamline its work and encourages the Sub-Commission to continue this process;

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

16. 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;

17. Invites the Chairman of the Commission to inform the Sub-Commission on the debate under this item;

18. 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.

53rd meeting
7 March 1990
[Adopted without a vote. See chap. XIX.]