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The 1982 Session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities

Published online by Cambridge University Press:  27 February 2017

Jeanette Hantke
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Type
Current Developments
Information
American Journal of International Law , Volume 77 , Issue 3 , July 1983 , pp. 651 - 662
Copyright
Copyright © American Society of International Law 1983

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References

1 In 1981 some members of the Commission strongly criticized the Sub-Commission for the expanded role the latter sought at its 33d session in 1980. See Gardeniers, , The U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities: Recent Developments, 4 Human Rights Q. 353 (1982)CrossRefGoogle Scholar. For analyses of the Sub-Commission’s 1980 and 1981 sessions, see id.; Hannum, , Human Rights and the United Nations: Progress at the 1980 Session of the U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities, 3 Human Rights Q. 1 (1981)CrossRefGoogle Scholar; and the Current Developments Notes by Hannum, and Gardeniers, Hannum, & Kruger in 75 AJIL 172 (1981), and 76 AJIL 404 (1982), respectively.

2 The report of the Sub-Commission is UN Doc. E/CN.4/Sub.2/1983/4 (1983), also listed as UN Doc. E/CN.4/Sub.2/1982/43 (1982) [hereinafter cited as 1982 Report].

3 ESC Res. 1503 (XLVIII), 48 UN ESCOR Supp. (No. 1A) at 8, UN Doc. E/4832/Add.l (1970).

4 Iran was the subject of Commission Res. 1983/34. See UN Doc. E/CN.4/1983/L.10/Add.3, at 23 (1983).

5 UN Doc. E/CN.4/Sub.2/1982/L.6 (1982), with amendments in UN Doc. E/CN.4/Sub.2/1982/L.31 (1982).

6 ESC Res. 1235 (XLII), 42 UN ESCOR Supp. (No. 1) at 17, UN Doc. E/4393 (1967).

7 For the text, see Sub-Comm’n Dec. 1982/2, 1982 Report at 110.

8 See Res. 1982/18, id. at 91–92.

9 For a summary of debate on Item 7 (violation of human rights and fundamental freedoms), including discussion of these and other countries, see UN Press Releases HR/1237–38, Aug. 17, 1982; 1247, Aug. 24, 1982; 1248–49, Aug. 25, 1982; 1250–51, Aug. 26, 1982; UN Docs. E/CN.4/Sub.2/1982/SR.2–3, 13–17, 33–35 (1982). For a list of all countries referred to in Item 7 debate, see UN Doc. E/CN.4/Sub.2/1982/CRP.1/Add.7, para. 6 (1982).

10 See UN Doc. E/CN.4/Sub.2/1982/L.9 (1982). The resolution would have the Sub-Commission receive information next year on the results of the Secretary-General’s study of the situation in Poland.

11 See Res. 1982/21, 1982 Report at 94–95. The resolution welcomes future information on “the use of illegal weapons in Afghanistan” and recommends that the Commission “give special attention and high priority to the situation in Afghanistan at its thirty-ninth session.”

12 See supra note 9.

13 See Res. 1982/17, 19, and 26, respectively, 1982 Report at 90–91, 93, and 100–01, respectively.

14 See Res. 1982/2, id. at 72, with accompanying text, Sub-Commission Draft Res. I, id at 1, adopted without change by the Commission at its 1983 session. See Human Rights Comm’n Res. 1983/24, UN Doc. E/CN.4/1983/L.10/Add.2, at 16 (1983).

15 See Res. 1982/5, 1982 Report at 74–75. The mandate of the working group was continued for another year by the Commission at its 1983 session. See Human Rights Comm’n Res. 1983/20, UN Doc. E/CN.4/1983/L.10/Add.2, at 9 (1983).

16 See Res. 1982/20, 1982 Report at 93–94, with accompanying text, Sub-Commission Draft Res. VII, id. at 6.

17 See Res. 1982/25, id. at 99, which expresses approval of efforts to have the Secretary-General establish direct contact with Iran and determines that the human rights situation in Iran deserves continuing scrutiny.

18 See Res. 1982/22, id. at 96.

19 See UN Press Release HR/1248, Aug. 25, 1982.

20 For the text of the telegram of condolence, see Sub-Comm’n Dec. 1982/6, 1982 Report at 111.

21 The Minority Rights Group presented a paper on this topic. See UN Doc. E/CN.4/Sub.2/1982/21, para. 19(1982).

22 A draft decision on this last subject submitted by Messrs. Whitaker and Carey, UN Doc. E/CN.4/Sub.2/1982/L.13 (1982), was rejected by the Sub-Commission.

23 See Res. 1982/1, 1982 Report at 71–72.

24 See Res. 1982/23, id. at 97.

25 Tension also arose between observers and experts, as was the case between Mrs. de Sousa, alternate from Panama, and the Government observer from Uruguay. See UN Press Release HR/1249, Aug. 25, 1982, where the observer responded strongly to a statement made by the expert found in UN Press Release HR/1247, Aug. 24,1982, and accused the expert of being “deceived”; UN Doc. E/CN.4/Sub.2/1982/SR.15, para. 10 (1982). These documents do not, however, adequately reflect the high degree of negative feeling (indeed bitterness) that the observer’s comments conveyed.

26 Sub-Comm’n Dec. 1982/12, 1982 Report at 112.

27 Res. 1982/14, id. at 84, with accompanying text, Sub-Commission Draft Res. VI, id. at 5.

28 See Human Rights Comm’n Dec. 1983/105, UN Doc. E/CN.4/1983/L.10/Add.6, at 2 (1983).

29 UN Docs. E/CN.4/Sub.2/1982/21 and Corr. 1 (1982).

30 The updated report is contained in UN Docs. E/CN.4/Sub.2/1982/20 and Add.l (1982). The 1966 report, prepared by Mr. Awad, is UN Pub. Sales No. 67.XIV.2 (1967).

31 UN Doc. E/CN.4/Sub.2/1982/20/Add.l (1982), Recommendation (ii)(a).

32 Id., Recommendation (xxi).

33 Res. 1982/9, 1982 Report at 77–78, with accompanying text, Sub-Commission Draft Res. III, id. at 3. The Commission at its 1983 session adopted Sub-Commission Draft Res. III without a vote. See Human Rights Comm’n Res. 1983/25, UN Doc. E/CN.4/1983/L.10/Add.2, at 17 (1983).

34 Res. 1982/15, 1982 Report at 85–88.

35 See Sub-Comm’n Dec. 1982/7, uf. at 111.

36 UN Doc. E/CN.4/Sub.2/1982/21, at 4 n.4 (1982). This year the conditions of migrant labor in that country were criticized before the working group.

37 The report of the working group is contained in UN Doc. E/CN.4/Sub.2/1982/33 (1982).

38 See ESC Res. 34 of May 7, 1982, as found in UN Doc. E/CN.4/Sub.2/1982/33, at 3 (1982).

39 Working group report, supra note 37, para. 84.

40 The group did note, though, that documents submitted by NGO’s or others without consultative status would not be distributed as UN documents, id., para 23(ii), and that their statements would be viewed only as representing individual opinions, not that of any group.

41 Id., para. 24.

42 See id., paras. 77–81.

43 See id., paras. 86–88.

44 See id., paras. 89–99.

45 Id, para. 110.

46 Id., para. 114.

47 Id., para 126.

48 Res. 1982/29, 1982 Report at 103–04.

49 Res. 1982/31, id. at 105–06. At its 1983 session, the Commission supported establishing a fund for such a purpose, though contributions from member states are to be voluntary. Human Rights Comm’n Res. 1983/23, UN Doc. E/CN.4/1983/L.10/Add.2, at 14–15 (1983).

50 The recommendations of the working group are found in its report, UN Doc. E/CN.4/Sub.2/1982/34, at 6, 7 (1982).

51 See Res. 1982/10, 1982 Report at 78–81.

52 Ibid.

53 Ibid.

54 Ibid.

55 UN Doc. E/CN.4/Sub.2/1982/15 (1982).

56 UN Doc. E/CN.4/Sub.2/1982/16 (1982).

57 Ibid.

58 This year Mr. Ferrero only presented part I, UN Docs. E/CN.4/Sub.2/1982/19/Rev.1 and Add.1 (1982).

59 Res. 1982/7, 1982 Report at 76–77, with accompanying text, Sub-Commission Draft Res. II, id. at 2.

60 UN Doc. E/CN.4/Sub.2/1982/10 (1982).

61 UN Doc. E/CN.4/Sub.2/1982/24 (1982).

62 See Note by the Special Rapporteur, UN Doc. E/CN.4/Sub.2/1982/29 (1982).

63 UN Doc. E/CN.4/Sub.2/1982/7 (1982).

64 UN Doc. E/CN.4/Sub.2/1982/L.22 (1982).

65 Res. 1982/11, 1982 Report at 82, with accompanying text, Sub-Commission Draft Res. IV, id. at 3–4.

66 Res. 1982/27, id. at 101–02.

67 Ibid.

At the 39th session of the Commission, there was considerable debate on the proposed mandate of a High Commission for Human Rights, with several member states, led by Argentina, considering that the Sub-Commission had not provided the “first study” on possible terms of reference for a High Commissioner, envisioned in the Commission’s Resolution 1982/22. The Commission ultimately decided to invite the Sub-Commission to “re-submit their proposals to the Commission,” taking into account Resolution 1982/22 of the Commission and debate at its 39th session. The Commission decided to continue consideration of the question at its next session. Human Rights

Comm’n Res. 1983/49, UN Doc. E/CN.4/1983/L.10/Add.7, at 2 (1983).

68 UN Docs. E/CN.4/Sub.2/1982/CRP.1/Add.4 (1982), and E/CN.4/Sub.2/1982/SR.5/ Add.l (1982).

69 See supra note 5.

70 UN Doc. E/CN.4/Sub.2/1982/L.l (1982).

71 UN Doc. E/CN.4/Sub.2/1982/L.3 (1982). At its 39th session, the Commission did recommend to ECOSOC that states be required also to nominate alternates when nominating candidates for membership of the Sub-Commission, and that “no other person may serve as an alternate for a member, except that expert elected with him.” See Human Rights Comm’n Res. 1983/21, UN Doc. E/CN.4/1983/L.10/Add.2, at 11 (1983).