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The Nature and Status of the Subcommission on Prevention of Discrimination and Protection of Minorities

Published online by Cambridge University Press:  22 May 2009

Inis L. Claude Jr
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Extract

The uninstructed expert has in recent years lost ground to the governmental representative in international organization. One of the most striking indications of this trend is to be found in the decision of the Economic and Social Council of the United Nations to establish the principle that its commissions should be composed of persons representing, and instructed by, their governments.

Type
Articles
Information
International Organization , Volume 5 , Issue 2 , May 1951 , pp. 300 - 312
Copyright
Copyright © The IO Foundation 1951

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References

1 For critical discussion of this decision, see Loveday, A., “An Unfortunate Decision,” International Organization, I, p. 279–290Google Scholar.

2 The Subcommission has held three sessions: November 24–December 6, 1947, June 13–June 27, 1949, and January 9–January 27, 1950. Its reports to the Commission on Human Rights and on the three sessions may be found under the document E/CN.4/52, E/CN.4/351 and E/CN.4/358.

3 Report of the Commission on Human Right to the Economic and Social Council, First Session, January 27-February 10, 1947 (Document E/259), p. 5–6. The commission decided in 1949 to extend the terms of the members of the Subcommission for a period of three years, Ibid., Fifth Session, May 9–June 20, 1949 (Document E/1371), p. 9.

4 Op. cit., p. 280.

5 Formashev took part in the third session as the alternate to A. P. Borisov, the Soviet national who had served at the first two sessions.

6 Document E/CN.4/Sub.2/SR.40.

7 Document E/CN.4/Sub.2/SR.41.

8 Document E/CN.4/Sub.2/SR.47.

9 Masani, M. R. (Chairman of the Subcom mission), “Implementing the Covenant…,” United Nations, Bulletin, VIII, p. 173Google Scholar.

10 See the summary of action by the Subcommission at its third session, ibid., p. 174. Italics mine.

11 A Current Review: Economic and Social Problems in the United Nations, Vol. 1, No. 9 (08 1949)Google Scholar, Office of Public Affairs, Department of State, p. 3.

12 Document E/CN.4/Sub.2/26.

13 See the Report of the Commission on Human Rights…, Sixth Session, March 27–May 19, 1950 (Document E/1681), p. 3. A. P. Borisov has also doubled as member of the “expert” Subcommission and Soviet representative on the Commission on Human Rights. See document E/CN.4/160.

14 Report of the Commission on Human Rights…, First Session, January 27-February 10, 1947 (Document E/259), p. 5.

15 Document E/CN.4/Sub.2/SR.21.

16 For example, the Secretariat has produced studies on the types and causes of discrimination (Document E/CN.4/Sub.2/40), the definition and classification of minorities (Document E/CN.4/Sub.2/85), and the legal validity of the instruments which served as the basis of the minority system operation by the League of Nations (Document E/CN.4/367).

17 Documents E/CN,4/Sub.2/101 and E/CN.4/Sub.2/102.

18 See, for instance, the summary record of remarks by Borisov and Daniels on June 17, 1949, in document E/CN.4/Sub.2/SR.28.

19 Document E/CN.4/Sub.2/SR.24.

20 For instance, he once objected to a proposal on the ground that it precluded that possibility. See document E/CN.4/Sub.2/SR.8.

21 See his remarks inserted in the Subcommison sion's Third Report, p. 17.

22 Document E/CN.4/Sub.2/SR.39.

23 Document E/CN.4/Sub.2/SR.19.

24 See its Second Report, p. 3 and its Third Report, p. 33.

25 New York Times, October 7, 1950.