HUMAN RIGHTS COUNCIL ADVISORY COMMITTEE ADOPTS FIVE RECOMMENDATIONS TO COUNCIL ON SUB-COMMISSION STUDIES, SELF DETERMINATION AND OTHER ISSUES
The Human Rights Council Advisory Committee this morning adopted five recommendations to be submitted to the Human Rights Council on official summary records; on publication of studies completed by the Sub-Commission on the Promotion and Protection of Human Rights; on new bodies established by the Human Rights Council; on the right of peoples to self determination; and on Sub-Commission studies. The Committee then concluded its first session after adopting its report to the Human Rights Council.
In a recommendation to the Human Rights Council on official summary records, the Advisory Committee recommended that the Human Rights Council requested the Office of the United Nations High Commissioner for Human Rights to take the necessary steps to provide official summary records of all plenary meetings held by its Advisory Committee. It also recommended that webcasting was made available to it to ensure enhanced access by the public at large.
In a recommendation to the Human Rights Council on the publication of studies completed by the Sub-Commission on the Promotion and Protection of Human Rights, the Advisory Committee recommended that the Human Rights Council authorize that all reports and working papers which have been completed and submitted to the Office of the High Commissioner on Human Rights be issued as United Nations official documents and be sent to the Human Rights Council.
In a recommendation to the Human Rights Council on new bodies established by the Human Rights Council, the Advisory Committee designated Committee Member José Antonio Bengoa Cabello to follow the work of the Social Forum and to brief the Committee at its resumed first session in January 2009 on issues of relevance to the work of the Committee. The Advisory Committee also designated two other members, Mona Zulficar and Miguel Alfonso Martinez, to follow the work of the Forum on Minorities Issues and the Expert Mechanism on the Rights of Indigenous Peoples, respectively, and to brief the Committee in January 2009 on issues of relevance to its work.
In a recommendation to the Human Rights Council on the right of peoples to self determination, the Advisory Committee, bearing in mind the points of view expressed by a large number of non governmental organizations on the issues related to the right of all peoples to self determination, decided to consider this matter only if the Human Rights Council addressed a petition on this matter to the Advisory Committee.
In a recommendation to the Human Rights Council on Sub-Commission studies, the Advisory Committee suggested that the Human Rights Council examined and eventually took the decisions on a possible follow-up to all studies commissioned by the Sub-Commission that were now pending. This concerned, inter alia, the studies on discrimination in the criminal justice system; corruption and its impact on the full enjoyment of human rights; discrimination based on work and descent; and the role of States in the guarantee of human rights with reference to the activities of transnational corporations and other business enterprises.
At the end of the meeting, Miguel Alfonso Martinez, the President of the Advisory Committee, thanked all his colleagues for the support they gave to him in an effort to channel the initial work of the Advisory Committee. The outcome of their first session would become quite clear in the near future. They had achieved something: to get the ball rolling. This had been an extraordinary experience for him. He had chaired the Sub-Commission once, but this time they were really clearing new ground.
At the end of the session, the Commission adopted its report to the Human Rights Council on the first session of the Advisory Committee.
The Committee will hold its second session from 26 to 30 January 2009.
Action on Recommendation on Official Summary Records
In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.1/Rev.1) on the official summary records, adopted without a vote as orally amended, the Advisory Committee recommends that the Human Rights Council requests the Office of the United Nations High Commissioner for Human Rights to take the necessary steps to provide official summary records of all plenary meetings held by its Advisory Committee. It also recommends that webcasting be made available to it to ensure enhanced access by the public at large.
MIGUEL ALFONSO MARTINEZ, Advisory Committee President, introducing the recommendation, said there was a need to have some written material on the work of the Committee.
EMMANUEL DECAUX, Advisory Committee Expert, suggested simplifying the text by adding "during the first session".
MIGUEL ALFONSO MARTINEZ, Advisory Committee President, suggested an amendment concerning webcasting, which could make available the discussions for the public at large.
Action on Recommendation on Publication of Studies Completed by the Sub-Commission on the Promotion and Protection of Human Rights
In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.2.Rev.1) on the publication of studies completed by the Sub-Commission on the Promotion and Protection of Human Rights, adopted without a vote, the Advisory Committee recommends that the Human Rights Council authorizes that all reports and working papers which have been completed and submitted to the Office of the High Commissioner on Human Rights be issued as United Nations official documents and be sent to the Human Rights Council.
JEAN ZIEGLER, Advisory Committee Expert, introducing the recommendation, said that he was impressed by the wealth of publications carried out by the Sub-Commission on the Promotion and Protection of Human Rights. They should make this material available to students and others.
Action on Recommendation on New Bodies Established by the Human Rights Council
In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.6) on new bodies established by the Human Rights Council, adopted without a vote, the Advisory Committee designates Committee Member José Antonio Bengoa Cabello to follow the work of the Social Forum and to brief the Committee at its resumed first session in January 2009 on issues of relevance to the work of the Committee. The Advisory Committee also designates two other members, Mona Zulficar and Miguel Alfonso Martinez, to follow the work of the Forum on Minorities Issues and the Expert Mechanism on the Rights of Indigenous Peoples, respectively, and to brief the Committee in January 2009 on issues of relevance to its work.
HALIMA WARZAZI, Advisory Committee Expert, introducing the recommendation, said that there were three important meetings in the near future relating to the promotion of human rights: the Social Forum, a meeting that had to do with minorities and one on indigenous peoples. Members of the Advisory Committee should take part in those meetings and brief the Advisory Committee later on.
Action on Recommendation on the Right of Peoples to Self Determination
In a recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.16), on the right of peoples to self determination, adopted without a vote, the Advisory Committee, bearing in mind the points of view expressed by a large number of non governmental organizations on the various and complex issues related to the content and realization of the right of all peoples, including of indigenous peoples, to self determination, and by a great number of Experts, decides to consider this matter, only if the Human Rights Council addresses a petition on this matter to the Advisory Committee.
JEAN ZIEGLER, Advisory Committee Expert, introducing the recommendation, said that it was drafted in close cooperation with civil society. There was a broad range of representatives of civil society that demanded the consideration of self determination in the Committee. Many different NGOs asked for free research of the main standards in international law concerning self determination and it was exactly the Committee's work to introduce such a work. The work would be postponed to the next session since it was very complex and also very important.
HALIMA WARZAZI, Advisory Committee Expert, noted that Mr. Ziegler indicated clearly that there was a resolution of the General Assembly that was addressed to the Council. The Advisory Committee was not in a position to deal with this matter.
MONA ZULFICAR, Advisory Committee Expert, said that Mr Ziegler in his comments had expressed the fact that they had had a debate on the issue of self determination. But these had been rather informal discussions. They had had no time to decide exactly what they would like to propose to the Human Rights Council. The decision had been that they postpone their deliberations on this subject until future sessions. They had also had no time to consult with non governmental organizations. They had received several requests from civil society to ask the Human Rights Council to authorize the Advisory Committee to make studies on the right to self determination. The present recommendation however was not an indication of any decision taken by the Advisory Committee; they reserved the right to discuss how to handle this subject at a later time. They were not proposing anything to the Human Rights Council, only putting on record the discussion they had had.
MIGUEL ALFONSO MARTINEZ, Advisory Committee President, said that the issue of self determination was very important and the Committee during its debates had received a number of requests for the floor from observers and NGOs to talk about self determination. It was his impression that the Committee did not have to take a decision this year. Civil society knew that the Advisory Committee had debated this issue at length.
LATIF HUSEYNOV, Advisory Committee Expert, said that this was an issue that deserved their special attention. His concern was whether the Committee was acting within their mandate as determined by the Council. In his opinion, the Committee was now going beyond its mandate. It was the General Assembly, who requested the Council to pay attention to the issue. Then the Council was to consider the issue and if the Council decided that this issue needed further consideration, it would then give the mandate to the Advisory Committee. There was no necessity to express that the Advisory Committee would consider this in their next session. This was up to the Council to determine.
PURIFICACION QUISUMBING, Advisory Committee Expert, said she agreed to say that there were many NGOs addressing the Advisory Committee on the issue of self determination. Since there was no clear mandate from the Council, the Committee could not state in the recommendation that it would further discuss this at their next session.
ANSAR AHMED BURNEY, Advisory Committee Expert, said that Mr Ziegler's proposal for a discussion on this theme was not a recommendation to the Council and thus he did not see why there were objections on this.
VLADIMIR KARTASHKIN, Advisory Committee Expert, said the Advisory Committee agreed yesterday that given the fact that there was no consensus on this issue, they would not discuss it. What had happened over night?
JOSE BENGOA, Advisory Committee Expert, said that he did not have the same interpretation as Mr. Kartashkin. He proposed an amendment which would include a decision by the Council.
JOSE BENGOA, Advisory Committee Expert, read an amendment which took into account the number of non governmental organizations and Experts that were concerned by this matter, but still referred to the Human Rights Council for a mandate to the Advisory Committee.
HALIMA WARZAZI, Advisory Committee Expert, said that a text built by consensus was never satisfactory but she would go along with it if others would.
EMMANUEL DECAUX, Advisory Committee Expert, said that they could not say "decide" in a text of this Committee.
MIGUEL ALFONSO MARTINEZ, Advisory Committee President, said that no one had said anything about decisions. The text only said that it was an internal decision if the Human Rights Council asked the Committee to address this issue.
EMMANUEL DECAUX, Advisory Committee Expert, said that the French word was "decision", and thus they would make a mandate.
LATIF HUSEYNOV, Advisory Committee Expert, said that in his view, they could only address an issue if the Council was requesting them to do so.
MIGUEL ALFONSO MARTINEZ, Chairman of the Advisory Committee, said that there was no contradiction between Mr. Bengoa's text and the Human Rights Council resolutions.
HALIMA WARZAZI, Advisory Committee Expert, proposed to postpone the debate to next year if no consensus could be reached.
LATIF HUSEYNOV, Advisory Committee Expert, said that he had expressed earlier his disagreement with Mr. Bengoa's proposal of an amendment. He wanted it to be noted that he was against the recommendation in these words. Also, he did not have the written text in front of him to be able to vote.
Action on Recommendation on Sub-Commission Studies
The recommendation to the Human Rights Council (A/HRC/AC/2008/1/L.17/Rev.2), on Sub-commission studies, adopted without a vote as orally amended, contains a list of studies left behind by the former Sub-Commission of varying status and which has not been addressed by the Human Rights Council and thus, their status remains unclear; the Advisory Committee suggests that the Human Rights Council examine and eventually take the decisions it may consider fit for a possible follow-up to all studies commissioned by the Sub-Commission now pending a decision from the Council, in connection with, inter-alia, the studies on discrimination in the criminal justice system; corruption and its impact on the full enjoyment of human rights; discrimination based on work and descent; and the role of States in the guarantee of human rights with reference to the activities of transnational corporations and other business enterprises.
JOSE BENGOA, Advisory Committee Expert, introduced the recommendation saying that a list of documents should be drawn up by the Committee. The Council should examine this list and decide on the studies which could be carried out by the Committee.
VLADIMIR KARTASHKIN, Advisory Committee Expert, said that he was in favour of a consensus. He requested again that his name be deleted from the list of sponsors. His opinion was not taken into account in the drafting. The Committee could not continue all the pending studies, the Council should draw up a list of topics and priorities.
PURIFICACION QUISUMBING, Advisory Committee Expert, agreed with Mr. Kartashkin that there was a mistake concerning the expertise of the Members in all studies. There were Experts in the Committee, but not for the entirety of studies.
JOSE BENGOA, Advisory Committee Expert, said that this was a consensus text. He made an offer in several texts for a consensus and it was to be put to the Council to decide what was going to happen to these studies. In positive terms, the matter of who would do the study would be left often in the recommendation.
PURIFICACION QUISUMBING, Advisory Committee Expert, agreed that there was an agreement to remove paragraph 4. She suggested they delete the word "all", because this was simply not correct.
HALIMA WARZAZI, Advisory Committee Expert, suggested a change concerning the phrase "in particular". This had to be replaced for example by "among them" because "in particular" was putting an emphasis on something.
MONA ZULFICAR, Advisory Committee Expert, said that there was agreement on omitting "in particular" and "all", as was suggested earlier.
For use of the information media; not an official record
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