Drafting and pre-drafting activities at the Commission on Human Rights

This is a summary of drafting activities currently going on or recently completed at the Commission on Human Rights. Where possible we have linked to the relevant document at the UN website.

Last updated: 27 March 2005

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1. The rights of indigenous people

The draft declaration on the rights of indigenous people has been pending for many years. The latest working group report is in document E/CN.4/2005/89 and Add.1.

2. Disappearances

The draft convention on involuntary or enforced disappearances has also been under discussion for several years. The latest report of the intersessional open ended working group to elaborate a draft legally binding normative instrument on this subject is in document E/CN.4/2005/66 [not available yet at the UN website].

3. Victims' right to a remedy

The draft basic principles on the right to a remedy and reparation for victims of violations of international human rights and humanitarian law have been pending for 15 years. A report from the High Commissioner on the latest consultations on these principles are contained in document E/CN.4/2005/59.

4. Impunity

The principles for the protection and promotion of human rights through action to combat impunity are being updated. A revised version of these principles are discussed in the report of the Special Rapporteur on Impunity, E/CN.4/2005/102 and the text of the revised principles is in Add.1.

5. Optional Protocol to the CESC

An optional protocol to the Covenant on Economic, Social & Cultural Rights is being considered. The optional protocol would create an individual complaints mechanism. The drafting has not begun yet. The latest working group report considering whether an optional protocol should be pursued can be found in document E/CN.4/2005/52.

6. Monitoring mechanism for the Genocide Convention

The Commission is considering a possible monitoring mechanism for the Convention on the Prevention and Punishment of the Crime of Genocide. The Commission is considering whether to establish a possible monitoring mechanism for this Convention. A compilation of member views on this topic can be found this year in document E/CN.4/2005/46.

7. Human social responsibilities

A declaration on human social responsibilities has been proposed. This project is in a pre-draft stage. A report compiling essential aspects of replies received by the High Commissioner's office on the pre-draft declaration is contained in E/CN.4/2005/99.

8. Protecting children who have no parental care

A proposal has been made to develop guidelines on the protection and alternative care of children without parental care. The Committee for the Convention on the Rights of the Child has indicated in a letter sent to the Commission this session that an increasing number of cases are coming before it of children who are not presently being cared for by their parents, either because their parents are deceased or because they are not able to provide such care. The Committee has requested the Commission to consider drafting some guidelines for these situations. The letter from the Committee is contained in document E/CN.4/2005/129.

9. TNC norms

Draft norms on the human rights responsibilities of transnational corporations and related business enterprises were submitted in 2003 by the Sub-Commission. The Commission chose to set the draft norms aside and asked the High Commissioner to compile an analysis of relevant existing norms in this field. The High Commissioner's report is in E/CN.4/2005/91.

10. Poverty reduction

Guidelines on the integration of human rights into poverty reduction strategies are being prepared by the High Commissioner's office. Draft guidelines on this subject were prepared in 2003. In 2004 the Commission invited the High Commissioner to seek input on the draft and then finalize the guidelines. Completion of the guidelines is anticipated by mid-2005. A brief report on the status of this work is contained in the High Commissioner's report relating to the right to development, E/CN.4/2005/24 (see paragraph 17).

11. Rights of the disabled

A Convention has been proposed on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities. This drafting is technically not taking place at the Commission, but it is being followed by the Commission. For the most recent report from the Ad Hoc Committee on this draft convention, see document E/CN.4/2005/128.

12. Right to food

Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security have recently been completed. This drafting also did not technically take place at the Commission, but was done under the auspices of the FAO. It was followed closely by the Commission with contributions from the High Commissioner's office and others associated with the Commission and Sub-Commission. The drafting was completed and the Voluntary Guidelines adopted in November 2004 in Rome. A report attaching the text of the final Guidelines is found in document E/CN.4/2005/131.

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