A/HRC/2/2
A/HRC/Sub.1/58/36
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[advice] body within the United Nations human rights machinery, because certain essential
functions within the United Nations human rights machinery can best be fulfilled by such a
body” (annex to Sub-Commission decision 2005/114, para. 2).16
22.
The functions include the promotion and progressive development of human rights,
through studies and standard-setting; the protection of human rights, through the 1503 procedure
and, possibly, through involvement in the UPR process; promoting the coherence of the human
rights system, including by the provision of follow-up; and identifying lacunae, challenges and
implementation needs. These will be considered in turn. HRCC could:
(a)
At the request of the Council, or at its own initiative, undertake research and
produce documents (in particular, thematic in-depth studies in accordance with a carefully
established, prioritized, not-too-prolific, long-term programme of work) to facilitate the
promotion and protection of human rights. Essential to the discharge of this function is the
collaborative work of specialized, ongoing, intersessional and sessional working groups;
(b)
At the request of the Council, or at its own initiative, carry out standard-setting
activities, including the process of identification of new issues that may require the adoption of
certain norms and other types of standards (such as principles, rules, guidelines and/or practices),
including in the field of implementation, as well as the creation of said draft norms and other
standards for adoption by Member States, in accordance with a carefully established programme
of work. Essential to the discharge of this function is the collaborative work of specialized,
ongoing, intersessional and sessional working groups;
(c)
Protect human rights by means of involvement in the 1503 procedure and,
possibly, the UPR review process:
(i)
16
1503 procedure. The Sub-Commission emphasizes the need for a
confidential complaint procedure that may provide an effective and timely
The importance of the work of the Sub-Commission has been emphasized by various
commentators. Ambassador Makarim Wibisono, Chairperson of the Commission at its
sixty-first session, said on 25 July 2005, “[The Commission] recognized not only the valuable
contribution made by this body [the Sub-Commission] to the work of the United Nations over
the past 58 years but also its important contribution to the development of a better understanding
of human rights through the study of important issues, the elaboration of international standards
and the promotion and protection of human rights throughout the world.” Louise Arbour said
on 25 July 2005, “Over the years, the Sub-Commission has provided the Commission on
Human Rights with insights and ideas, based on expertise and experience of its members [and]
helped to identify and develop new areas for further consideration.” Mehr Khan Williams, the
Deputy High Commissioner, said on 7 August 2006, “Since its inception, this body [the
Sub-Commission] has devoted itself to research and discussion of new and challenging human
rights issues. … The Sub-Commission did not hesitate to raise issues that were initially
considered provocative or unwelcome but which essentially helped in shaping new thinking and
action of the Commission. The Sub-Commission has been a forum for the voice of the civil
society.”
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