COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES SESSION

Press Release
HR/4345

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES SESSION

GENEVA, 5 December (United Nations Information Service) -- The Committee on Economic, Social and Cultural Rights ended its three-week session this morning by adopting a General Comment on the relationship between economic sanctions and the respect for economic, social and cultural rights. The Committee noted that insufficient attention was being paid to the impact of sanctions on vulnerable groups and their enjoyment of those rights. A human rights dimension needed to be injected into deliberations on this issue.

The Committee believed that the affected State remained under the obligation to ensure the absence of discrimination in relation to the enjoyment of economic, social and cultural rights. Moreover, the party or parties responsible for the imposition of sanctions should take into account these rights when designing an appropriate sanctions regime, and undertake effective monitoring throughout the period that sanctions were in force. They should also take steps -- "individually and through international assistance and cooperation, especially economic, and technical" -- to respond to any disproportionate suffering experienced by vulnerable groups within the targeted country.

Also this morning, the Committee announced the conclusions and recommendations on reports presented by Azerbaijan, the Dominican Republic, Iraq, the United Kingdom, Uruguay and Luxembourg. The reports, which detailed measures taken to implement the International Covenant on Economic, Social and Cultural Rights in those countries, were considered by the Committee at its current session in the presence of a government delegation. The panel also issued concluding observations and recommendations regarding the situation in Saint Vincent and the Grenadines which, despite many requests to do so, has not fulfilled its reporting obligations under articles 16 and 17 of the Covenant.

The panel's 18 experts, who are charged with monitoring the implementation of the Covenant, urged the Government of Azerbaijan to address as a matter of utmost urgency the basic needs of the population, including safe drinking water, food, affordable housing and health care. It recommended the regularization of the situation of the Haitian illegal residents and their

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children in the Dominican Republic through the delivery of work permits or naturalization, and expressed concern about reports of discrimination in Iraq against members of racial, ethnic or religious minorities and about discrimination against women.

The Committee recommended that more assistance should be targeted to alleviate poverty among the segments of the population in the United Kingdom which were suffering from long-term unemployment, those whose overall revenue was low, and those who were unable to work. It expressed concern that, despite the efforts and progress made after democracy was restored in Uruguay, a high proportion of the population continued to live below the poverty threshold -- notably the black minority group. The Committee was also preoccupied by the absence of a comprehensive legal framework and policies to combat all forms of sexual exploitation of children and adolescents in Luxembourg, especially child pornography and child prostitution.

On the situation in Saint Vincent and the Grenadines, the Committee urged the Government to fulfil its reporting obligations as soon as possible. It also expressed concern at reports received from non-governmental organizations on the lack of teachers and teaching materials, on the recent increase in educational fees and on the increasing number of children that did not attend school.

Also during its current session, the Committee held a general discussion on "the normative content of the right to food", in cooperation with United Nations agencies and non-governmental organizations, to clarify its understanding of the right and consider the adoption of a general comment.

At its next session, to be held from 27 April to 15 May 1998, the Committee is expected to examine reports from Sri Lanka, Nigeria, Canada, Israel, the Solomon Islands, and the Netherlands and Dutch Aruba and Antilles.

General Comment on Economic Sanctions

While the impact of sanctions varied from case to case, the Committee was aware that they almost always had a dramatic impact on the rights recognized in the Covenant. In considering sanctions, it was essential to distinguish between the basic objective of applying pressure upon the governing elite, and the collateral infliction of suffering upon the most vulnerable groups within the targeted country. Moreover, a number of United Nations and other studies had concluded that humanitarian exemptions, designed to permit the flow of essential goods and services destined for humanitarian purposes, had no effect. Insufficient attention was being paid to the impact of sanctions on vulnerable groups and their enjoyment of economic, social and cultural rights, making it necessary to inject a human rights dimension into the deliberations on the issue.

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The Committee believed that two sets of obligations flowed from these considerations. First, the imposition of sanctions did not in any way nullify or diminish the relevant obligations of that State party. While sanctions would inevitably diminish the capacity of the affected State to fund or support some of the necessary measures, the State remained under the obligation to ensure the absence of discrimination in relation to the enjoyment of these rights, and take steps, "to the maximum of its available resources", to provide the greatest possible protection for the economic, social and cultural rights of each individual living within its jurisdiction.

The second obligation related to the party or parties responsible for the imposition, maintenance or implementation of sanctions. The Committee considered that economic, social and cultural rights should be taken fully into account when designing an appropriate sanctions regime. Among other measures, it proposed the creation of a United Nations mechanism for anticipating and tracking the impact of sanctions and the elaboration of a more transparent set of agreed principles and procedures based on respect for human rights. Moreover, effective monitoring should be undertaken throughout the period that sanctions were in force. The external entity had an obligation "to take steps -- individually and through international assistance and cooperation, especially economic, and technical" -- to respond to any disproportionate suffering experienced by vulnerable groups within the targeted country.

The Committee said its sole aim was to draw attention to the fact that the inhabitants of a given country did not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders had violated norms relating to international peace and security. The aim was not to give support or encouragement to such leaders, nor was it to undermine the legitimate interests of the international community in enforcing respect for the provisions of the United Nations. Rather, it was to insist that lawlessness of one kind should not be met by lawlessness of another kind which paid no heed to fundamental rights.

Recommendations on Country Reports

Following its review of the report of Azerbaijan, the Committee noted that the State party was faced with considerable adversity, owing to an armed conflict with a neighbouring country, and expressed alarm over its declining standards of living. The Committee noted with deep concern that the oil industry could be promoted at the expense of existing industries, and expressed concern at the effect of this on the environment, local entrepreneurship and employment opportunities. While noting the progress made in developing and enacting legislation, the Committee stressed the importance of an independent judiciary to the establishment of a political environment necessary for the exercise of all human rights. It also expressed concern at

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the seemingly low level of awareness among the general public of the emerging national legislative framework.

The Committee strongly recommended that the Government of Azerbaijan conduct liberalization and privatization of the economy in a transparent manner, so as to maximize awareness and public participation. This required a concerted effort to eliminate corruption and the establishment of mechanisms to ensure accountability. The Committee also recommended that the Government address, as a matter of utmost urgency, the basic needs of the population -- including safe drinking water, food, affordable housing and health care.

The Committee welcomed the resumption of the dialogue with the Dominican Republic through its second periodic report. Moreover, the Committee expressed its deep satisfaction with the State party for its responsiveness to and cooperation with the mission which took place in September, composed of two members of the Committee. With respect to the right to adequate housing, the panel noted with appreciation the policy set up and applied by the new Government -- which involved giving priority to low-income groups and carrying out housing projects in consultation with the communities concerned -- as well as its commitment to suspend all forced evictions by public organs and to adopt a policy to provide adequate alternative housing or relocation to persons evicted or displaced.

While noting that a number of positive steps had been taken by the Dominican authorities to promote gender equality and to prevent discrimination against women, the Committee remained concerned that women did not fully enjoy their economic, social and cultural rights under the Covenant. Moreover, the Committee was still concerned about the situation of illegal Haitian workers and their children. It expressed the view that the regularization of the situation of these illegal residents, through the delivery of work permits or naturalization, was necessary.

The Committee further expressed concern about the situation of children in the Dominican Republic. It cited, in particular, reports received on the occurrence of child labour; child exploitation, including sexual exploitation; the increasing number of street children; the low rate of school enrolment; the high rate of infant mortality; and the high number of pregnancies among school-age females. It recommended that further measures be taken to combat the arbitrariness and corruption of some judges; that the Government take energetic measures at the educational and socio-economic levels to stem the outflow of skilled workers from the country; and that it pursue and intensify its efforts to ensure that safe water be made available to the rural population and all those living in deprived urban areas.

The panel noted with concern the continuing deterioration of the human rights situation in Iraq since the beginning of the hostilities with Iran, and

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furthermore after the Gulf war and the adoption of sanctions. It noted that sufficient measures had not been taken to date by the authorities to alleviate the extremely difficult living conditions of the Iraqi population, and the deprivation of most of their basic economic, social and cultural rights. It was concerned about reports of discrimination against members of certain minorities, and reports stating that the effect of the embargo was harsher on members of racial, ethnic or religious minorities. The Committee was also concerned about discrimination against women in law and in practice with respect to inheritance rights, freedom of movement, family law, equal remuneration for work of equal value, and access to employment.

Owing to food shortages and the resulting restrictions on its distribution, as well as to the non-availability of certain medicines and medical equipment, the standard of physical health of the Iraqi population was declining at a rapid pace, the Committee noted. Moreover, certain diseases, previously eradicated from Iraq, had reappeared. The Committee also expressed concern about the possibility of a person being condemned to compulsory labour as part of a prison sentence, in cases involving: the expression of political opinions; ideological opposition to the political, social or economic system; breach of labour discipline; and participation in strikes. It also noted with concern the increasing use of child labour and regretted the lack of information on any inspection mechanisms in place to regulate the protection of young persons with regard to employment and conditions of work.

While aware that the embargo imposed on Iraq created extremely difficult conditions with respect to the availability of food, medicines and medical articles, the Committee recommended that the Government take all necessary measures, to the maximum extent of its available resources, to address the needs of the population -- particularly the most vulnerable groups, such as children, the elderly and nursing mothers. It also urged the State party to ensure that every efforts be made to guarantee the development of adequate infrastructure in all parts of the country, notably water supply networks, and that social security laws and the right to adequate housing be implemented without discrimination. The panel called on the Government to provide, in its next periodic report, comprehensive information on measures taken to address the psychological and emotional problems affecting children after years of armed conflict and related economic and social constraints, as well as on the problem of child labour. Moreover, it recommended that urgent and concrete steps be taken to ensure that the provisions of the Covenant were made widely known to the population.

Regarding the report of the United Kingdom, the Committee noted that because of the recent change of government, many questions were met with responses which indicated that new initiatives were under consideration. This undermined to a significant extent the Committee's ability to evaluate the degree of compliance with certain provisions of the Covenant. Concern was

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expressed that provisions of the Covenant, with certain minor exceptions, constituted principles and programmatic objectives rather than legal obligations. The Committee also expressed concern at the condition of many children cared for by the State in foster homes; the serious incidence of domestic violence, which the State party estimated at 680,000 cases; the plight of the approximately 13,000 children permanently excluded from school; and the educational structure in Northern Ireland, which virtually segregated Protestants and Catholics.

The panel recommended that more assistance should be targeted to alleviate poverty among the segments of the population in the United Kingdom who were suffering from long-term unemployment -- those whose overall revenue was low and those who were unable to work. Particular attention should be directed at groups which were disproportionately represented at or near the bottom of the income scale, and who appeared to have difficulty in moving up from the lowest income group. From the examination, it would appear that such groups would include at least the following: ethnic minorities, women, lone parents, children in vulnerable situations, the elderly, peoples with disabilities, and Catholics in Northern Ireland. It recommended that the right to strike be established in legislation, and was of the view that the current notion of freedom to strike -- which simply recognized the illegality of being submitted to an involuntary servitude -- was insufficient to satisfy the requirements of article 8 of the Covenant.

On the report of Uruguay, the Committee welcomed the progress made by the State party in attaining such a high literacy rate. It also appreciated the steps taken to establish employment policies for young and rural workers, as well as the measures taken to provide further training to unemployed persons. The panel expressed concern, however, that despite the efforts and progress made once democracy was restored, a high proportion of the population continued to live below the poverty threshold, notably the black minority group.

Of particular concern to the Committee was the situation of children in Uruguay. Child labour continued to be a problem, as attested to by the concluding observation of the Committee on the Rights of the Child. The Committee said that the minimum age to work, as provided for in the International Labour Organization Convention, was not respected by the State party. Despite two five-year plans by the Government aimed at addressing the problem of housing, the Committee continued to be concerned with the shortage of housing -- particularly for those within the lower-income brackets -- and the conditions under which forced evictions could be carried out.

The Committee also considered that it had not been given enough information on access to health, drinking water, care and education by rural

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populations of under 900 inhabitants, and of minority groups living in Uruguay.

The Committee called upon the Government of Uruguay to take steps with a view to fixing a realistic national minimum wage, in consultation with employers' and workers' representatives, and to closely monitor the consequences of the new social security legislation. Similarly, the Committee recommended the enactment of legislation to regulate the right to strike. The panel urged the State party to take steps to improve health care for people living in small remote areas, in particular by extending sanitation and electricity. It also urged that greater attention be given to the problem of de facto discrimination against women, and that programmes be implemented for the eradication of inequalities between men and women in both the public and private sectors of the economy. The Committee recommended that appropriate legal measures should be undertaken in relation to crimes of violence against women, whether occurring within or outside the family.

Following its consideration of the report of Luxembourg, the Committee expressed concern that jurisprudence on implementation of the Covenant was lacking, and that a clear definition of the principle of equality between the sexes was not expressly entrenched in the Constitution. The Committee was concerned about the persistence of gender disparities, particularly in the conditions of work and salary scales in the private sector. It was also concerned about the absence of a comprehensive programme to combat all forms of sexual exploitation and about the abuse of children and adolescents.

The panel strongly recommended that any existing distinction in the Civil Code regarding children out of wedlock be eliminated, and that the State party adopt more effective legislation to prevent and combat drug abuse and suicide among youth. The Committee also recommended that the State party engage in a review process to decrease the high drop-out rates in the education system. Among the measures that could be taken, the Government might envisage the establishment of an intermediary school certificate. In light of the United Nations Decade for Human Rights Education, the Committee encouraged the State party to include human rights education in school curriculums.

The Committee also made concluding observations and recommendations on Saint Vincent and the Grenadines based on available information, since the Government had not presented a report to the Committee on its implementation of the Covenant's provisions. It strongly urged the Government to fulfil its reporting obligations as soon as possible, and considered the non-performance by Saint Vincent and the Grenadines of its reporting obligations not only as a violation of the Covenant but also as a grave impediment to its adequate application.

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The Committee noted that the State party had achieved satisfactory economic and social indicators, and that efforts had been made to diversify its sources of revenue, with a view to reducing the economy's vulnerability to international market fluctuations and its dependence on banana production earnings.

Despite efforts made by the Government, in particular at the legislative level, the Committee expressed concern that discrimination against women was still a major problem. Moreover, it was concerned about the incidence of domestic violence which, according to information received from non-governmental organizations, seemed to be on the rise. The panel also expressed concern about the high official rate of unemployment; that no law had been passed yet to recognize the right of workers to form and join trade unions, to organize employers and to strike; at the absence of a national housing policy; and at the reports received on forced evictions.

The Committee noted with concern that there was no legal requirement that children attend school. It was also concerned about reports received from non-governmental organizations on the lack of teachers and teaching materials; on the recent increase in educational fees; and on the increasing number of children who did not attend school.

Background on Committee

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 human rights experts serving in their personal capacity.

The Committee is composed of the following members: Ade Adekuoye (Nigeria), Mahmoud Samir Ahmed (Egypt), Philip Alston (Australia), Ivan Antanovich (Belarus), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Maria de los Angelos Jimenez Butragueno (Spain), Valeri Kouznetsov (Russian Federation), Jamie Marchan Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborn Rattray (Jamaica), Eibe Riedel (Germany), Waleed M. Sadi (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).

The Chairperson is Mr. Alston. The Vice-Chairpersons are Mr. Rattray, Mr. Ceausu and Mr. Grissa. The rapporteur is Ms. Bonoan-Dandan.

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States Parties to Covenant

The Covenant has been ratified or acceded to by 137 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, Federal Republic of Yugoslavia (Serbia and Montenegro), 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, Kyrgyzstan, and Latvia.

Also: Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, 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, 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, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Zaire, Zambia and Zimbabwe.

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