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

Published online by Cambridge University Press:  27 February 2017

Hurst Hannum*
Affiliation:
Procedural Aspects of International Law Institute

Abstract

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Type
Current Developments
Copyright
Copyright © The American Society of International Law 1981

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References

1 Alternates may be designated by each member with the approval of his or her government and the Secretary-General.

2 The texts of all resolutions cited herein are unofficial and include oral amendments adopted by the Sub-Commission and noted by the author. Resolutions adopted on the final day of the session are cited by their probableofficial number and by their number in draft form (E/CN.4/Sub.2/L—); all others are cited by their official number as set forth in the Draft Report of the Sub-Commission, F7CN.4/Sub.2/(XXXIII)/CRP.1/Add.l5. In addition to the Sub-Commission's formal report to the Commission, which is not generally available until some time after the end of the session, the basic Sub-Commission documents are: the Draft Report of the Sub-Commission, E/CN.4/Sub.2/(XXXIII)/CRP.l and Adds. 1-16, adopted on the final day; the summary records of the discussions, E/CN.4/Sub.2/ SR.855-?; the draft resolutions issued in the “limited” documents series, E/CN.4/Sub.2/L. —; and the twice-daily UN press releases summarizing the Sub-Commission's activities, Press Releases HR/926 of Aug. 15, 1980 to HR/966/Corr. 1 of Sept. 17, 1980.

3 Economic and Social Council (ECOSOC) Res. 1503 (XLVIII) (1970) authorized the Sub-Commission to examine communications that appear to reveal “a consistent pattern of gross violations of human rights.” These examinations and the subsequent reports to the Commission are strictly confidential, even vis-à-vis the author of a complaint. In 1980, the Sub-Commission held 8 private meetings, including 2 night sessions, to consider such communications.

4 See1978 Commission Report, E/CN.4/1292, para. 208; 1979 Report, E/CN.4/1347, para. 218; 1980 Report, E/CN.4/1408, para. 247. It might be noted that the Commission took publicaction under Resolution 1503 at its 1979 session, by withdrawing the case of Equatorial Guinea from confidential consideration and discussing it publicly, and at the 1980 session, when it addressed the alleged persecution of Jehovah's Witnesses in Malawi. See1979 Commission Report, para. 218 and Commission Res. 15(XXXV); Commission Res. 10(XXXVI)and ECOSOC Res. 1980/31 of May 2, 1980.

5 E/CN.4/Sub.2/L.757. A Kampuchean (Pol Pot) reply is contained in E/CN.4/Sub.2/458.

6 Res. 20 (XXXIII).

7 Res. 21 (XXXIII) (Draft Res. E/CN.4/Sub.2/L.747).

8 Res. 23 (XXXIII) (L.750).

9 Res. 24 (XXXIII) (L.755).

10 A preliminary report was issued as UN Doc. E/CN.4/Sub.2/L.731, and a final report is expected at the Sub-Commission's 1981 session.

11 E/CN.4/Sub.2/445.

12 Id.,para. 55.

13 Remarks of Amy Young-Anawaty, Press Release HR/948, at 4.

14 Remarks of Haciba Ounadjela, id.at 3.

15 Res. 13 (XXXIII). The resolution was adopted unanimously, although Abdullah El Khani of Syria abstained.

16 Res. 17 (XXXIII).

17 Res. 14 and 15 (XXXIII).

18 SeePress Release HR/957 and remarks of Uzi Manor, Press Release HR/958.

19 The report of the Minority Rights Group is summarized in the working group's 1980 report, E/CN.4/Sub.2/447, paras. 21-26.

20 The report of the Anti-Slavery Society for the Protection of Human Rights on child labor in Italy is summarized in id.,paras. 35-38.

21 Id.,paras. 31-34. Other situations of exploitation of child labor reported by the Anti- Slavery Society included South Africa (paras. 28-30), West Malaysia (paras. 39-42), and Thailand (paras. 43-46).

22 See, e.g.,Draft Report, supranote 2, Add.4, para. 6; Report of the working group, supranote 19, paras. 9-12 and 65.

23 See, e.g.,remarks of Abdelwahab Bouhdiba (SR.857/Add. 1, paras. 11-12), Erica-Irene Daes (paras 16-17), Waleed Sadi (para. 24), S. Sharifuddin Pirzada (para. 26), Raúl Ferrero (paras. 42-43), Nicole Questiaux (paras. 48-49), Benjamin Whitaker (SR.858, paras. 12-14), and, somewhat contra,V. H. Sofinsky (para. 29).

24 See, e.g.,remarks of Theo van Boven, SR.855, paras. 11-12; Ms. Questiaux, SR.857/ Add. 1, paras. 46-47.

25 Res. 22 (XXXIII) (L.749). The resolution was adopted by 11 votes to 6, with 3 abstentions.

26 Res. 19 (XXXIII).

27 Res. 25 (XXXIII)(L.761). One of the options has already been implemented by the Sub-Commission's decision to appoint Halima Warzazi to analyze information received concerning Bolivia and to present that analysis to the Commission's 1981 session. SeeRes. 23 (XXXIII)(L.750).

28 Res. 27 (XXXIII)(L.765). The secret ballot proposal was rejected by the Commission in 1979; no action was taken in 1980 on requests similar to those made at this session.

29 Res. 18 (XXXIII).

30 E/CN.4/Sub.2/432/Rev.l & Adds.1-7. The study is summarized in Press Release HR/942.

31 1976 Report of the Sub-Commission, E7CN.4/Sub.2/378, paras. 169-77; remarks of Hans Thoolen (International Commission of Jurists), Press Release HR/953, at 4.

32 See generallyE/CN.4/Sub.2/432/Rev.l/Adds.2-6.

33 Id.,Add.2, para. 578; cf.paras. 603-31; Add.6, para. 1410.

34 Id.,Add.6, para. 1539; and id.,Rev.l, para. 673(3).

35 Res. 6 and 7.(XXXIII).

36 SeeDraft Report, supranote 2, Add.6, paras. 24-32.

37 E/CN.4/Sub.2/L.731, paras. 17 and 21.

38 Commission Res. 10A (XXXIII). See alsoGA Res. 33/53 (1978).

39 Res. 11 (XXXIII).

40 SeeSR.861-63, especially remarks of Mr. Ferrero, Irene Kahn (International Commission of Jurists), Mario Amadeo, Ms. Warzazi, Mr. Sadi, and Hurst Hannum (Minority Rights Group).

41 Res. 5 (XXXIII). For a summary of the study's progress, see the Sub-Commission's annotated provisional agenda, E/CN.4/Sub.2/438, at 18-19.

42 The working group's report, which includes references to the relevant Commission documents, is UN Doc. E/CN.4/Sub.2/455/Rev.

43 The legal opinion is annexed to the working group's report, E/CN.4/Sub.2/453.

44 Id.,para. 30; Draft Report, supranote 2, Add. 13, para. 5.

45 Res. 4 (XXXIII).

46 Res. 3 and 8 (XXXIII).

47 Res. 22 (XXXIII) (L.749).