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

1992/66.
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-third session (E/CN.4/1992/2), Expressing its 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 and its particular responsibilities established, inter alia 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 resolutions 1991/56 and 1991/81 of 6 March 1991, in which it provided certain guidelines for the work of the Sub-Commission, and Economic and Social Council resolution 1991/32 of 31 May 1991 on strengthening the independence of the experts members of the Sub-Commission, Taking note of the report of the Chairman of the Sub-Commission on the work of its forty-third session (E/CN.4/1992/46), prepared in accordance with paragraph 20 of Commission resolution 1991/56 and the proposals contained therein, Noting with appreciation the intensified dialogue between the Commission and the Sub-Commission through the mutual exchange of information by their respective chairpersons, in accordance with paragraphs 17 and 18 of Commission resolution 1990/64 of 7 March 1990, Convinced of the need for a further strengthening of substantial and meaningful dialogue between the Commission and the Sub-Commission, Also convince 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, 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 S May 1975, Welcoming the adoption of the report of the working group established by the Sub-Commission by its decision 1989/104 of 30 August 1989 on a better organization of the Sub-Commission's work and agenda (E/CN.4/Sub.2/1991/16), 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 that guidance, 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. 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 and to finalize its discussions on the best way to improve the efficiency of the debate, attaching high priority to those efforts;

4. Endorses the establishment by the Sub-Commission by its decision 1991/117 of 30 August 1991, on an exceptional basis, of an inter-sessional working group on the rationalization of the work and the agenda of the Sub-Commission;

5. Recommends that that inter-sessional working group be composed of one representative of each regional group;

6. Requests the inter-sessional working group to prepare a list of specific proposals in draft decision format, for examination by all the experts of the Sub-Commission and adoption by the Sub-Commission at its forty-fourth session, a list which takes into consideration the proposals and recommendations studied by the Sub-Commission at its forty-third session, and in particular by its ad hoc sessional working group, established by its decision 1989/104;

7. Invites, therefore, the inter-sessional working group, taking into consideration the report of the Chairman of the Sub-Commission on the work of its forty-third session (E/CN.4/1992/46), to make recommendations on the following points:

(a) Initiatives for a better coordination with the Commission on Human Rights and the other competent organs of the United Nations acting in the field of human rights;

(b) Strengthening the independence of its experts;

(c) Initiatives aimed at improving the working methods of the Sub-Commission, particularly concerning:

(i) The allocation of speaking time among the experts;

(ii) The preliminary assessment, the preparation and the time-frame for the completion of studies and reports, as well as the elaboration of an updated list of studies, and the setting-out of priorities, as appropriate;

(iii) The designation of the rapporteurs, the allocation of the reports among the experts, including the question of former members of the Sub-Commission serving as rapporteurs, and the role of alternate members;

(iv) The designation of commentators for each study from among its members, in order to facilitate an in-depth discussion of the studies and reports of the Sub-Commission;

(v) The elaboration of a procedure to evaluate and monitor the implementation of the recommendations contained in the studies and reports;

(d) Proposals concerning the format, the adoption and the number of the resolutions;

(e) Proposals concerning the rationalization of the agenda;

(f) Initiatives which would facilitate the widest possible dissemination of the findings of the Sub-Commission, such as the preparation of a two-page summary for each study, the purpose being that the summaries of a session be published separately in various languages, thus contributing to better publicity for the studies;

8. Reaffirms that one of the tasks of the Sub-Commission is a thorough examination of information concerning alleged human rights violations, as well as the presentation of the research and the results of the examination to the Commission;

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

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

11. 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, and to respect fully the independence of elected members;

12. 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;

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

14. Decides to invite the Chairman of the Sub-Commission at its forty-third session to come for consultations with the members of the Bureau of the Commission at an appropriate time during the meeting of the Bureau of the Commission at the conclusion of its forty-eighth session and the Chairman of the Sub-Commission at its forty-fourth session to report to the Commission at its forty-ninth session on the implementation, by the Sub-Commission, of the initiatives recommended in the present resolution.

54th meeting
4 March 1992
[Adopted by 40 votes to none,
with 11 abstentions. See chap. XVII.]
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.