1995/26. Work of the Subcommission on Prevention of
Discrimination and Protection of Minorities

The Commission on Human Rights,

Reaffirming its resolution 1994/23 of 4 March 1994,

Taking note of the report of the Subcommission on Prevention of Discrimination and Protection of Minorities on its forty-sixth session (E/CN.4/1995/2-E/CN.4/Sub.2/1994/56),

Expressing its appreciation of the positive contribution made by the Subcommission to the promotion and protection of human rights,

Recalling the terms of reference of the Subcommission 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 resolution 1992/66 of 4 March 1992, in which it provided certain guidelines for the work of the Subcommission, and Economic and Social Council resolution 1991/32 of 31 May 1991 on strengthening the independence of the experts members of the Subcommission,

Taking note of the report of the working group on the methods of work of the Subcommission (E/CN.4/Sub.2/1994/3) and of Subcommission decision 1994/117 of 26 August 1994,

Taking note also of the report of the Chairman of the Subcommission at its forty-sixth session (E/CN.4/1995/83),

Noting with appreciation the spirit of cooperation between the Commission and the Subcommission and their continuing dialogue as reflected in 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 that it is essential that the impartiality and the objectivity of the Subcommission and the independent status of its members and their alternates should continue to be its guiding principles,

Convinced also that the credibility and effectiveness of the Subcommission as an expert human rights body are dependent on Governments nominating and the Commission electing as members and alternates of the Subcommission 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 Subcommission, 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 can make to the work of the Subcommission, in conformity with the principles embodied in Council resolutions 1296 (XLIV) of 23 May 1968 and 1919 (LVIII) of 5 May 1975,

Convinced that it is highly appropriate for the Commission to give considered attention to the work of the Subcommission and thereby maintain the effectiveness of both bodies in their respective roles,

Recalling the continuing importance for the Commission to give guidance to the Subcommission, and for the Subcommission to follow that guidance, in the light of the mandate already granted to it, in order to ensure the complementarity of its activities with those of the Commission,

1. Reaffirms that the Subcommission 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 Subcommission, as well as in the expert studies carried out under its auspices;

2. Calls upon the Subcommission, 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. Reaffirms that one of the tasks of the Subcommission is a thorough examination of information concerning alleged human rights violations, as well as the presentation of the results of the examination to the Commission;

4. Invites the Subcommission to continue to give due regard to new developments in the field of human rights;

5. Reiterates its request to the Subcommission to implement fully the Guidelines annexed to Subcommission resolution 1992/8 of 26 August 1992, including those concerning the number of studies and the requirement of the submission of a preparatory document before a study is entrusted to a Special Rapporteur and to establish priorities relating to its work;

6. Recommends that the Subcommission, when adopting its agenda for its forty-seventh session, allocate, within its scheduled meetings, sufficient time for an adequate discussion of its studies and reports;

7. Takes note of the Subcommission's decision, contained in Subcommission decision 1994/117 of 26 August 1994, to consider, at its forty-seventh session, on an experimental basis, its agenda item entitled "Questions of the violation of human rights and fundamental freedoms, including policies of racial discrimination and segregation and of apartheid, in all countries, with particular reference to colonial and other dependent countries and territories: report of the Subcommission under Commission on Human Rights resolution 8 (XXIII)" as soon as the agenda is approved, and requests the Subcommission, if necessary, to re-evaluate that decision in the light of the experience of the participants in the forty-seventh session;

8. Encourages the Subcommission to continue to consider all such reforms of its agenda and methods of work that serve the efficiency of its work, better coordination with other organs and mechanisms in the field of human rights, and better dissemination of the results of its work;

9. Requests the Subcommission to ensure that each completed study is accompanied by a short summary, for the purpose of its widest possible dissemination;

10. 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 Subcommission, and to respect fully the independence of elected members and alternates;

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

12. Invites the Chairman of the Commission to inform the Subcommission on the debate under this item;

13. Decides to invite the Chairman of the Subcommission at its forty-sixth 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 fifty-first session, and to invite the Chairman of the Subcommission at its forty-seventh session to report to the Commission at its fifty-second session on significant aspects of the work of the Subcommission.
52nd meeting
3 March 1995
[Adopted without a vote. See chap. XIX. E/CN.4/1995/176]


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