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Expert bodies established by UN organs
The Sub-Commission on the Promotion and Protection
of Human Rights
221
The Sub-Commission, initially entitled the Sub-Commission on Preven-
tion of Discrimination and Protection of Minorities, was established by
the Commission in 1947 with wide terms of reference.
222
It came to an
end in 2006 as a consequence of General Assembly resolution 60/251,
which established the Human Rights Council. The Sub-Commission was
composed of twenty-six members elected by the Commission on the ba-
sis of nominations of experts made by the UN member states and it
219
See e.g. F. J. Hampson, ‘An Overview of the Reform of the UN Human Rights Machinery’,
7
Human Rights Law Review
, 2007, p. 7.
220
The Council also adopted at its first session in June 2006 the International Convention for
the Protection of All Persons from Enforced Disappearances and the UN Declaration on
the Rights of Indigenous Peoples. A Code of Conduct for Special Procedures Mandate-
holders was adopted at the fifth session of the Council.
221
See e.g. A. Eide, ‘The Sub-Commission on Prevention of Discrimination and Protection
of Minorities’ in Alston,
United Nations and Human Rights
, p. 211; Tolley, ‘Concealed
Crack’, pp. 437 ff.; J. Gardeniers, H. Hannum and C. Kruger, ‘The UN Sub-Committee
on Prevention of Discrimination and Protection of Minorities: Recent Developments’, 4
HRQ, 1982, p. 353, and L. Garber and C. O’Conner, ‘The 1984 UN Sub-Commission on
Prevention of Discrimination and Protection of Minorities’, 79 AJIL, 1985, p. 168. See
also
UN Action
, pp. 23–4.
222
See e.g.
UN Action
, p. 23. See also resolutions E/259, 1947; E/1371, 1949, and 17 (XXXVII),
1981.
308
i n t e r nat i o na l l aw
was renamed the Sub-Commission on the Promotion and Protection
of Human Rights in 1999.
223
Members served in their individual capac-
ity for four-year terms
224
and the composition reflected an agreed geo-
graphical pattern.
225
The Sub-Commission produced a variety of studies
by rapporteurs
226
and established a number of subsidiary bodies. The
Working Group on Communications functioned within the framework
of the resolution 1503 procedure, while the Working Group on Con-
temporary Forms of Slavery
227
and the Working Group on the Rights
of Indigenous Populations
228
prepared material within the areas of their
concern.
229
The Sub-Commission from 1987 produced an annual re-
port listing all states that had proclaimed, extended or ended a state of
emergency.
230
The International Covenant on Economic, Social and
Cultural Rights
231
The International Covenant on Economic, Social and Cultural Rights was
adopted in 1966 and entered into force in 1976. Article 2 provides that
each state party undertakes to take steps to the maximum of its available
resources ‘with a view to achieving progressively the full realisation of the
rights recognised in the present Covenant’. In other words, an evolving
programme is envisaged depending upon the goodwill and resources of
states rather than an immediate binding legal obligation with regard to
the rights in question. The rights included range from self-determination
(article 1), the right to work (articles 6 and 7), the right to social se-
curity (article 9), adequate standard of living (article 11) and education
223
See E/1999/INF/2/Add.2.
224
See ECOSOC resolution 1986/35 with effect from 1988. Before this, the term was for three
years and originally for two years.
225
See ECOSOC resolution 1334 (XLIV), 1968, and decision 1978/21, 1978.
226
See e.g. the Capotorti Study, above, footnote 165, and the Ruhashyankiko Study,
above, footnote 90. See also the Daes Study on the
Individual’s Duties to the Commu-
nity
, E/CN.4/Sub.2/432/Rev.2, 1983 and the Questiaux Study on
States of Emergency
,
E/CN.4/Sub.2/1982/15, 1982.
227
Resolution 11 (XXVII), 1974, established the Working Group on Slavery. Its name was
changed in 1988: see resolution 1988/42. See K. Zoglin, ‘United Nations Action Against
Slavery: A Critical Evaluation’, 8 HRQ, 1986, p. 306.
228
See resolution 2 (XXXIV), 1981. See also E/CN.4/Sub.2/1982/33, and above, p. 298.
229
See e.g. the S. Chernichenko and W. Treat Study on
The Administration of Justice and the
Human Rights of Detainees: The Right to a Fair Trial
, E/CN.4/Sub.2/1994/24, 1994.
230
See e.g. E/CN.4/Sub.2/1987/19/Rev.1; E/CN.4/Sub.2/1991/28 and E/CN.4/Sub.2/1995/20
and Corr. 1.
231
See e.g. Craven,
Covenant
.
t h e p r o t e c t i o n o f h u m a n r i g h t s
309
(article 13) to the right to take part in cultural life and enjoy the benefits
of scientific progress and its applications (article 15).
Under the Covenant itself, states parties were obliged to send periodic
reports to ECOSOC.
232
In 1978, a Sessional Working Group was set up,
consisting of fifteen members elected by ECOSOC from amongst states
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