Created by the Commission on Human Rights in 1947, the Sub-Commission is made up of 26 Experts from five regional groups. According to its mandate, it undertakes studies and makes recommendations to the Commission. One of its jobs as the Commission’s think tank is to explore issues that are considered important and have not received sufficient attention.

Issues on the Sub-Commission's provisional agenda for this year's session, which will be adopted at the opening meeting, include questions related to the administration of justice, economic, social and cultural rights, prevention of discrimination and protection of indigenous peoples and minorities, women, slavery, and terrorism.

Concerning the violation of human rights and fundamental freedoms in all countries, the Sub-Commission will continue its consideration of the compatibility with human rights law of national and international measures adopted or applied to combat terrorism.

In dealing with matters of the administration of justice, rule of law and democracy, the Sub-Commission will have before it an updated report on the issue of the administration of justice through military tribunals, a working paper on women in prison, including issues relating to the children of women in prison, the final working paper on the measures provided in the various international human rights instruments for the promotion and consolidation of democracy, the working paper on the difficulties of establishing guilt and/or responsibility with regard to crimes of sexual violence, and the working paper on the criminalization, investigation and prosecution of acts of serious sexual violence occurring in the context of an armed conflict or committed as part of a widespread or systematic attack directed against any civilian population.

With regard to economic, social and cultural rights, the Sub-Commission will be seized with issues, among others, regarding the implementation of the right to development, 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, corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights, non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights, the need to develop guiding principles on the implementation of existing human rights norms and standards in the fight against extreme poverty, housing and property restitution in the context of the return of refugees and internally displaced persons, the effect of debt on human rights, the report of the Social Forum, and the sessional Working Group on the working methods and activities of transnational corporations .

Concerning questions relating to the prevention of discrimination, the Sub-Commission will have before it the final report on indigenous peoples' permanent sovereignty over natural resources, the report of the Working Group on Indigenous Populations on its twenty-second session, the working paper on discrimination based on work and descent, the report of the Working Group on Minorities on its tenth session, and the final report on peaceful and constructive approaches to situations involving minorities.

With regard to women’s issues, the Sub-Commission will have before it the updated report on traditional practices affecting the health of women and children.

On slavery, the Sub-Commission will be considering the report of the Secretary-General on the implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour, the report of the Working Group on Contemporary Forms of Slavery on its twenty-ninth session, the report of the Secretary-General on the implementation of the Programme of Action for the Prevention of the Sale of Children, Child Prostitution and Child Pornography, the report of the Working Group on contemporary forms of slavery, and the report of the High Commissioner for Human Rights on the issues of systematic rape, sexual slavery and slavery-like practices during armed conflict.

And with regard to new priorities, in particular terrorism and human rights, the Sub-Commission will have before it the preliminary report on human rights and the human genome, the final report on terrorism and human rights, the progress report on the prevention of human rights violations committed with small arms and light weapons, the final working paper on reservations to human rights treaties, and the working paper on human rights and international solidarity.

QUESTIONS TO BE EXAMINED DURING THE SESSION OF THE SUB-COMMISSION

Question of the Violation of Human Rights and Fundamental Freedoms in all Countries

Under this agenda item, the Sub-Commission was invited to bring to the attention of the Commission on Human Rights any situation which it had reasonable cause to believe revealed a consistent pattern of violations of human rights and fundamental freedoms in any country, including policies of racial discrimination, segregation and apartheid, with particular reference to colonial and other dependent territories. The Sub-Commission will also continue its consideration of the compatibility with human rights law of national and international measures adopted or applied to combat terrorism.

Administration of Justice, Rule of Law and Democracy

Under this agenda item, the Sub-Commission will have before it an updated report on the issue of the administration of justice through military tribunals by Emmanuel Decaux (E/CN.4/Sub.2/2004/7). Mr. Decaux was also appointed by the Sub-Commission last year as Special Rapporteur with the task of undertaking a detailed study on the universal implementation of international human rights treaties so as to identify international and domestic obstacles to such implementation, to look for effective ways and means in the matter, and to identify the most effective means of ensuring the actual universality of human rights. The Sub-Commission will have before it the preliminary report of Mr. Decaux on this issue (E/CN.4/Sub.2/2004/8).

It is envisaged that the Sub-Commission will also have before it a working paper prepared by Florizelle O’Connor on women in prison, including issues relating to the children of women in prison (E/CN.4/Sub.2/2004/9); the final working paper by Manuel Rodriguez-Cuadros on the measures provided in the various international human rights instruments for the promotion and consolidation of democracy (E/CN.4/Sub.2/2004/10); the working paper by Lalaina Rakotoarisoa on the difficulties of establishing guilt and/or responsibility with regard to crimes of sexual violence (E/CN.4/Sub.2/2004/11); and the working paper by Francoise Hampson on the criminalization, investigation and prosecution of acts of serious sexual violence occurring in the context of an armed conflict or committed as part of a widespread or systematic attack directed against any civilian population (E/CN.4/Sub.2/2004/12).

Economic, Social and Cultural Rights

Under this agenda item, it is envisaged that the Sub-Commission will have before it the working paper by Florizelle O’Connor on a concept document establishing options for the implementation of the right to development and their feasibility, inter alia, an international legal standard of a binding nature, guidelines on the implementation of the right to development and principles for development partnership, based on the Declaration on the Right to Development.

It will also have before it the working paper by Emmanuel Decaux on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (E/CN.4/Sub.2/2004/24); a progress report by Jose Bengoa on the joint working paper by Iulia-Antoanella Motoc, Emmanuel Decaux, Yozo Yokota, El-Hadji Guisse and himself on the need to develop guiding principles on the implementation of existing human rights norms and standards in the fight against extreme poverty (E/CN.4/Sub.2/2004/25); and the report of the sessional Working Group on working methods and activities of transnational corporations (E/CN.4/Sub.2/2004/21).

Concerning the Social Forum which will be held on 22 and 23 July, its report will be in front of the Sub-Commission as (E/CN.4/Sub.2/2004/26). The Sub-Commission will also have before it the working paper by El-Hadji Guisse on the effect of debt on human rights (E/CN.4/Sub.2/2004/27).

Prevention of Discrimination

Under this agenda item, the Sub-Commission will have before the final report of Erica-Irene Daes on indigenous peoples' permanent sovereignty over natural resources (E/CN.4/Sub.2/2004/30); and the report of the Working Group on Indigenous Populations on its twenty-second session (E/CN.4/Sub.2/2004/28), which was held from 19 to 23 July 2003. The mandate of the Working Group is to review developments pertaining to the promotion and protection of human rights and fundamental freedoms of indigenous peoples and to give special attention to the evolution of standards concerning indigenous rights.

The Sub-Commission will have before it the working paper by Asbjorn Eide and Yozo Yokota on discrimination based on work and descent (E/CN.4/Sub.2/2004/31); the report of the Working Group on Minorities on its tenth session which was held from 1 to 5 March 2004 (E/CN.4/Sub.2/2004/29); and the final report by Asbjorn Eide on peaceful and constructive approaches to situations involving minorities (E/CN.4/Sub.2/2004/32).

Women

The Sub-Commission will continue to consider the issue of traditional practices affecting the health of women and children. It will also have before it the report of the High Commissioner on systematic rape, sexual slavery and slavery-like practices during armed conflicts (E/CN.4/Sub.2/2004/35).

Slavery

Under this agenda sub-item, the Sub-Commission will have before it the report of the Secretary-General on the implementation of the Programme of Action for the Elimination of the Exploitation of Child Labour (E/CN.4/Sub.2/2004/34), as well as the report of the Working Group on Contemporary Forms of Slavery on its twenty-ninth session held from 28 June to 2 July (E/CN.4/Sub.2/2004/36). The mandate of the Working Group is to review developments in the field of slavery and the slave trade in all their practices and manifestations, including the slavery-like practices of apartheid and colonialism, the traffic in persons and the exploitation of the prostitution of others.

New Priorities, in Particular Terrorism and Human Rights

The Sub-Commission will have before it the final working paper by its Special Rapporteur Francoise Hampson on reservations to human rights treaties (E/CN.4/Sub.2/2004/42); and the working paper by Rui Baltazar Dos Santos Alves on human rights and international solidarity (E/CN.4/Sub.2/2004/43). The Sub-Commission will consider to study the issue of terrorism and human rights.

Membership of the Sub-Commission

The members and alternates (*) of the Sub-Commission are Miguel Alfonso Martinez, *Juan Antonio Fernandez Palacios (Cuba); Gudmundur Alfredsson, *Jakob Moller (Iceland); Jose Bengoa (Chile); Gaspar Biro (Hungary); Marc Bossuyt (Belgium); Chen Shiqiu, *Liu Xinsheng (China); Mohamed Habib Cherif, *Habib Achour (Tunisia); Chin Sung Chung, *Ji-ah Paik (Republic of Korea); Emmanuel Decaux, *Michele Picard (France); Rui Baltazar Dos Santos Alves, *Cristiano Dos Santos (Mozambique); El Hadji Guisse (Senegal); Francoise Jane Hampson (United Kingdom); Vladimir Kartashkin, *Oleg Malguinov (Russian Federation); Kalliopi Koufa, *Nikolaos Zaikos (Greece); Antoanella-Iulia Motoc, *Victoria Sandru-Popescu (Romania); Florizelle O'Connor (Jamaica); Paulo Sergio Pinheiro, *Marilia Sardenberg Zelner Goncalves (Brazil); Lalaina Rakotoarisoa (Madagascar); David Rivkin, *Lee Casey (United States); Ibrahim Salama, *Amani Kandil (Egypt); Abdul Sattar, *Khalid Aziz Babar (Pakistan); Soli Jehangir Sorabjee (India); Janio Ivan Tunon Veilles, *Carmina Casis Crespo (Panama); N.U.O. Wadibia-Abyabwu, *Christy Ezim Mbonu (Nigeria); Halima Embarek Warzazi (Morocco); and Yozo Yokota, *Yuko Hayashi (Japan).

Working Groups

Working Group on Minorities

Working Group on Contemporary Forms of Slavery

Working Group on Indigenous Populations

Working Group on Transnational Corporations

Working Group on Administration of Justice

Annual intersessional forum on economic, social and cultural rights (Social Forum)

Sub-Commission Special Rapporteurs

Special Rapporteur on universal implementation Emmanuel Decaux of international human rights treaties

Special Rapporteur on corruption and its impact Christy Mbonu on the full enjoyment of human rights

Special Rapporteur on traditional practices affecting Halima Embarek Warzazi the health of women and girl children

Special Rapporteur on human rights and the human Antoanella-Iulia Motoc genome

Special Rapporteur on terrorism and human rights Kalliopi Koufa

Special Rapporteur on the prevention of human rights Barbara Frey violations committed with small arms and light weapons

Special Rapporteur on indigenous peoples’ permanent Erica-Irene Daes sovereignty over natural resources

Special Rapporteur on the enjoyment of economic, El Hadji Guisse social and cultural rights and the promotion of the right to drinking water supply and sanitation

Special Rapporteur on housing and property restitution Paulo Sergio Pinheiro in the context of the return of refugees and internally displaced persons

Special Rapporteur on discrimination in the criminal Leila Zerrougui justice system

Other Sub-Commission Members Asked to Prepare Studies

Preliminary report on the administration of justice Emmanuel Decaux through military tribunals

Working paper on women in prison, including the Florizelle O’Connor issue of children of women in prison

Final working paper on measures provided by international Manuel Rodriguez-Cuadros human rights instruments for the promotion and consolidation of democracy

Working paper on difficulties of establishing guilt Lalaina Rakotoarisoa with regard to crimes of sexual violence

Working paper on criminalization of serious sexual Francoise Hampson violence in the context of an armed conflict

Working paper on the implementation of the right Florizelle O’Connor to development

Working paper on non-discrimination as enshrined in article Emmanuel Decaux

2, paragraph 2 of the International Covenant on Economic, Social and Cultural Right

Progress report on joint working paper on developing Iulia-Antoanela Motoc, guiding principles to fight poverty Emmanuel Decaux, Yozo

Yozo Yokota, El-Hadji

Guisse and Jose Bengoa

Working paper on effect of debt on human rights El-Hadji Guisse

Working paper on discrimination based on work and descent Asbjorn Eide and Yozo Yokota

Final report on peaceful and constructive approaches to Asbjorn Eide to situations involving minorities

Final working paper on reservations to human rights treaties Francoise Hampson

Working paper on human rights and international solidarity Rui Baltazar Dos Santos Alves

Source: United Nation Office at Geneva