COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FIFTEENTH SESSION
Press Release
HR/4314
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FIFTEENTH SESSION
19961209 Issues Recommendations on Reports of Dominican Republic, Portugal (Macau), Belarus, Finland, and United Kingdom (Hong Kong)GENEVA, 6 December (UN Information Service) -- The Committee on Economic, Social and Cultural Rights ended its three-week fifteenth session in Geneva this afternoon by announcing conclusions and recommendations on reports made to it by the Dominican Republic, Portugal (on Macau), Belarus, Finland and the United Kingdom (regarding Hong Kong).
The panel's 18 experts, charged with monitoring the implementation of the International Covenant on Economic, Social and Cultural Rights, requested the Government of the Dominican Republic to, among other things, honour its obligations through maintaining constructive dialogue with the Committee; urged the Government of Portugal to enact a legislation on the right to strike in Macau; called for new legislative and social measures to challenge HIV/AIDS in Belarus; recommended efforts to ensure equality between men and women with regard to employment and salary matters in Finland; and urged the adoption by the United Kingdom Government of legislation against age and sex discrimination in Hong Kong.
The Committee made its recommendations on the basis of a dialogue conducted with the delegations from the five countries and the consideration of reports on how they implement the Covenant.
At this fifteenth session, the panel also concluded five years of work on a draft optional protocol to the Covenant under which individuals and organizations from States agreeing to the treaty would be able to send communications to the Committee alleging that their economic, social, and cultural rights had been violated. The Committee will now forward its final report on the draft to the Commission on Human Rights for consideration by representatives of States, United Nations specialized agencies and non- governmental organizations. The Committee's sister panel, the Human Rights Committee, is already equipped with a similar complaints procedure, thanks to the First Optional Protocol to the International Covenant on Civil and Political Rights.
The next session of the Committee is scheduled for 28 April to 16 May 1997, during which time it is expected to examine reports from Libya, Guyana, Zimbabwe, Russian Federation and Peru. In addition, it will examine the situation in the Central African Republic, a State party to the Covenant which has never submitted a report.
Conclusions and Recommendations on Country Reports
The Committee noted some positive developments in the Dominican Republic, including efforts to repeal a decree that had negatively affected the realization of the right to adequate housing for the last five years. The Committee was particularly concerned about the exploitation of Haitians and their unacceptable living conditions. Concern was also expressed over the persistent rise in "sex tourism" in resort areas, and the spread of AIDS, one of the country's greatest health problems. The Committee was particularly concerned that the enjoyment by women of economic, social and cultural rights was undermined. The inhuman and archaic prison system, including the practice whereby members of the family of a fugitive could be imprisoned without trial until he or she surrendered to authorities, was another cause for concern. The Committee strongly called upon the Government to honour its obligations under the International Covenant through maintaining a direct and constructive dialogue with the Committee; and recommended that the Government provide it with written replies to its concluding observations adopted at the eleventh session.
Concerning the situation in Macau, the Committee appreciated Portugal's efforts to secure from the Government of China all possible guarantees regarding respect for the provisions of the International Covenant in Macau after the transfer of sovereignty to that country in 1999. It expressed concern that Macanese residents, including civil servants who held Portuguese passports, might not be able to stay in Macau after 1999, bearing in mind that China did not recognize dual nationality. It urged the Portuguese Administration to take affirmative steps to facilitate the integration of persons of Chinese origin into the placement programme of the civil service. It further urged the Government to promote appropriate policies which would facilitate the right to form labour unions, the right to engage in collective bargaining and the right to strike; and also urged the enactment of legislation on the right to social security.
In reviewing the report of Belarus, the Committee noted the Government's efforts to cope with the aftermath of the accident at the Chernobyl nuclear power station, including the provision of medical assistance to those directly affected and welfare measures for those who were in the vicinity at the time of the accident. The panel observed that the establishment of a regime that concentrated power in the presidency, at the expense of the independence of the judiciary, was not consistent with the political environment necessary for the exercise of human rights, including economic, social and cultural rights.
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It also drew the Government's attention to the need to update the legislation governing the freedom of activity of trade unions and the need for legislation on the right to strike; noted the need for the Government to respond to the challenge of HIV/AIDS with adequate legislative and social measures; and recommended that the Government should extend its existing efforts in relation to human rights education so as to ensure that all categories of students, teachers and members of the forces of law and order were covered.
In respect of the report of Finland, the Committee noted the generally high level of achievement by that country of its obligations to protect the rights set forth in the International Covenant; welcomed the measures taken to promote equality between men and women; to protect and shelter the victims of domestic violence; and welcomed the recent criminalization of marital rape as a means to combat the phenomenon of violence against women. It recommended that the Government intensify its efforts to ensure that equality between men and women, in particular with regard to employment and salary matters, was effective in practice. It urged that consideration be given to enacting legislation providing for minimum wages, and their periodical adjustment, so that workers who were not protected by sectoral collective agreements could benefit from it. The panel encouraged the Government to continue its efforts to combat the problems of alcoholism, domestic violence, child and adolescent suicide and child abuse; and to take adequate measures to ensure that the reduction of the budgetary allocations for social welfare programmes should not result in violation of Finland's obligations under the Covenant. It also drew the attention of the Finnish authorities to the emerging problem of school drop-outs, which mainly affected children coming from vulnerable social groups.
Regarding the United Kingdom's report on Hong Kong, the Committee noted with satisfaction that both the Sino-British Joint Declaration and the Basic Law affirmed that the International Covenant would continue to apply to Hong Kong after the transfer of sovereignty to China as at 1 July 1997. It recommended, among other things, that the Government undertake more effective measures for the retraining of those who had lost employment; that it review its policy in relation to unfair dismissal, minimum wages, weekly rest days, hours of work and overtime pay rate; and that it reconsider the adoption of a universal, comprehensive retirement protection scheme. It also recommended that the Government lift the repressive provisions and limitations in relation to trades unions federations, including the prohibition to establish international affiliation. It reiterated its recommendation that the Hong Kong Government should undertake, as a matter of high priority, the total eradication of cage-homes.
International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
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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 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 (Peru), Dumitru Ceausu (Romania), and Abdessatar Grissa (Tunisia). The Rapporteur was Virginia Bonoan-Dandan (Philippines).
Other members of the Committee are Ade Adekuoye (Nigeria), Madoe Virginie Ahodikpe (Togo), Mahmoud Samir Ahmed (Egypt), María de los Angeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchan Romero (Ecuador), Kenneth Osborne Rattray (Jamaica), Bruno Simma (Germany), Nutan Thapalia (Nepal), Chikako Taya (Japan), Philippe Texier (France), Margerita Vysokajova (Czech Republic), and Javier Wimer Zambrano (Mexico).
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States Parties to Covenant
The Covenant has been ratified or acceded to by 135 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, Kuwait, Kyrgyz Republic, and Latvia.
Also, Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, 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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