COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FOURTEENTH SESSION
Press Release
HR/4298
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FOURTEENTH SESSION
19960521 Issues Recommendations on Reports of Paraguay, Spain, Guatemala, and El Salvador; Considers Situation in GuineaGENEVA, 17 May (UN Information Centre) -- The Committee on Economic, Social, and Cultural Rights ended its three-week, fourteenth session this afternoon by announcing conclusions and recommendations on reports made to it by Paraguay, Spain, Guatemala and El Salvador.
The 18-member Committee of experts, charged with monitoring the implementation of the International Covenant on Economic, Social and Cultural Rights called, among other things, for increased emphasis by the Government of Guatemala on social-welfare programmes; for the establishment of an office of ombudsman in Paraguay; for special steps to protect vulnerable groups against the impact of budget cuts now affecting the social sector in Spain; and for efforts to ameliorate unequal distribution of wealth in El Salvador. These four countries had submitted reports on their implementation of the Covenant, to which they are parties, and had sent delegations to introduce the reports and answer questions from the Committee at this session.
In addition, the Committee considered the situation in Guinea, noting that the country had not submitted a single report under the Covenant, although it had been a party since 1978. Using information from other sources, it expressed concern at low rates of primary education; high unemployment; widespread poverty; poor and even dangerous working conditions; extremely limited social security protection; unequal treatment of women and special health problems confronting women; and lack of access to safe drinking water for some 55 per cent of the population.
The panel also continued work on a draft optional protocol to the International Covenant under which citizens and organizations of States agreeing to the protocol would be able to send communications to the Committee alleging that their economic, social, and cultural rights had been violated; it decided to complete the text of the draft at its next session.
Conclusions and Recommendations on Country Reports
The Committee noted several positive developments in Guatemala, including efforts to establish lasting peace after 30 years of armed conflict. It called for the international community to monitor and support agreements for increased emphasis by the Government on social welfare measures, including health and education programmes; recommended that all legislative and other reform bear in mind the need to promote equality and reverse the devastating effects of discrimination against the indigenous populations, through affirmative action; and called for greater attention and commitment for women rights, trade-union rights, protection against child labour, refugee needs, and the creation of a culture of human rights among the general population.
In reviewing the situation in Paraguay, the Committee cited "great satisfaction" that the country was undergoing a process of peaceful democratization that had begun to have positive effects on human rights. It recommended that the office of Ombudsman called for in the Paraguayan Constitution be established without delay and that programmes of economic development, agrarian reform and fiscal reform now under way be continued in order to deal with the serious problem of unfair distribution of wealth and as a means of combating poverty. It urged the Government to strive to end various forms of discrimination against indigenous peoples and recommended that it intensify efforts to end several forms of discrimination against women and rectify problems of violence against women and children, child labour, abandonment of families by their fathers, and exploitation of street children. It called for greater investments in education, particularly primary education, and more effort to educate the public in human rights matters. It also requested the Government to provide it with written replies to the unanswered questions from the list of issues submitted to it prior to the consideration of the report and said it would like the next report of the Government of Paraguay to fill in certain "information gaps" identified during consideration of the current report by the Committee.
In responding to the report of Spain, the Committee expressed its satisfaction for the detailed document submitted and the excellent dialogue established between its members and the large delegation of experts, including women representing the ministries concerned. It recommended that the Government continue efforts to ensure equality to women, including equal access to education and equal pay for equal work; take special steps to protect vulnerable groups as effectively as possible against the impact of budget cuts now affecting the social sector; continue its current efforts to reduce the rate of unemployment; take steps to reduce levels of illiteracy among women and certain population groups; and take all appropriate preventive and penal measures to effectively combat all forms of racial discrimination, which particularly affected groups from North Africa, asylum seekers, illegal workers, and the Romany (Gypsy) population. It also recommended the systematic collection and analysis of disaggregated national statistics
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relating to provisions of the International Covenant on Economic, Social, and Cultural Rights.
Positive developments in El Salvador cited by the Committee included the incorporation of international human rights standards into the judicial system and laws of the country, the ratification of 14 conventions of the International Labour Organisation, the creation of a post of prosecutor for defense of human rights, and the adoption of a plan for economic and social development for the period 1994-1999. It noted that obstacles facing El Salvador included the high cost of reconstruction and return of refugees and displaced populations following the end of the 12-year civil war. The Committee said it was gravely concerned by the persistence of high rates of poverty for most citizens. It recommended that the Government, in the course of its economic and social development programmes, find means to attack more effectively the widely unequal distribution of wealth and to continue to battle endemic poverty. It called for all efforts to be made to assure the rapid and complete implementation of the peace accords of 1992, including the clauses relating to redistribution of land; and for immediate steps necessary to eliminate all forms of discrimination against women. It called for particular attention to be accorded to the consequences of privatization on employment, for due restraint where possible, and for adequate social and economic help for those who lost their jobs. Legislation establishing a suitable minimum wage and safe and healthy working conditions was also recommended. It called for greater attention to housing and social services for the country's poor in both rural and urban regions, and suggested that measures be taken to reduce illiteracy. The Committee asked for useful statistics in the country's next report on the conditions of indigenous peoples.
Review of Non-Reporting States Parties
Noting that it was responsible for analysing the performance of countries who were parties to the Convention even if they failed to submit reports for many years, and must do so on the basis of reliable information available, the Committee reviewed the situation in Guinea, which had been a party to the Covenant since 1978 but had not submitted a single report.
The Committee noted that the country had experienced grave political difficulties and had per capita income and life expectancy rates that were among the lowest in the world. It clearly faced severe difficulties in application of the Covenant. The Committee expressed concern at low rates of primary education, high unemployment, widespread poverty, poor and even dangerous working conditions, extremely limited social security protection, unequal treatment of women and special health problems confronting women, and lack of access to safe drinking water for some 55 per cent of the population. It requested the Government of Guinea to participate actively in a constructive dialogue with the Committee on how obligations arising from the
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Covenant could be more adequately fulfilled and recommended that the Government avail itself of the advisory services of the United Nations Centre for Human Rights in order to enable it to submit as soon as possible a comprehensive report on implementation of the Covenant, with particular attention to the issues and concerns highlighted by the Committee.
Draft Optional Protocol
The Committee discussed, as at sessions over the past several years, proposals for a draft optional protocol to the International Covenant on Economic, Social and Cultural Rights, which would authorize the Committee to receive communications from individuals and groups of States parties to the protocol alleging that their economic, social, and cultural rights had been violated. It decided that it will conclude its deliberations on the matter at its next (fifteenth) session.
International Covenant
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant.
Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education; and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by States parties to the Covenant, its 18 members are experts with recognized competence in human rights and serve in their personal capacity. In addition to examining reports
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from States parties on observance of the rights contained in the Covenant, the Committee also helps the Council fulfil its supervisory functions relating to the Covenant by making suggestions and recommendations of a general nature based on its consideration of such reports.
Serving as Chairman for the fourteenth session was Philip Alston, expert from Australia. Vice-chairmen were Juan Alvarez Vita, expert from Peru; Dumitru Ceausu, expert from Romania; and Abdessatar Grissa, expert from Tunisia. Rapporteur was Virginia Bonoan-Dandan, expert from the Philippines.
Other members of the Committee are Ade Adekuoye of Nigeria; Madoe Virginie Ahodikpe, of Togo; Mahmoud Samir Ahmed, of Egypt; María de los Angeles Jiménez Butragueño, of Spain; Valeri I. Kouznetsov, of the Russian Federation; Jaime Marchan Romero, of Ecuador; Kenneth Osborne Rattray, of Jamaica; Bruno Simma, of Germany; Nutan Thapalia, of Nepal; Chikako Taya, of Japan; Philippe Texier, of France; Margerita Vysokajova, of Czech Republic; and Javier Wimer Zambrano, of Mexico.
States Parties to Covenant
The Covenant has been ratified or acceded to by 133 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Germany, Georgia, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kyrgyzstan, and Latvia.
Also, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, The former Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zaire, Zambia and Zimbabwe.
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