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HR/4389

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO HOLD NINETEENTH SESSION AT GENEVA -- 16 NOVEMBER TO 4 DECEMBER

12 November 1998


Press Release
HR/4389


COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO HOLD NINETEENTH SESSION AT GENEVA -- 16 NOVEMBER TO 4 DECEMBER

19981112 Background Release Group Scheduled to Consider Reports from Israel, Cyprus, Switzerland, Germany and Canada

(Reissued as received.)

GENEVA, 10 November (UN Information Service) -- The Committee on Economic, Social and Cultural Rights will meet at Geneva from 16 November to 4 December to examine the measures taken by Israel, Cyprus, Switzerland, Germany and Canada to realize these rights.

The five countries are among the 137 parties to the International Covenant on Economic, Social and Cultural Rights. The treaty, which entered into force in 1976, recognizes, among others, the rights to work, to form and join trade unions, to social security, to the widest possible protection and assistance for the family, to an adequate standard of living, to the enjoyment of the highest attainable standard of health and to an education.

In acceding to the treaty, States agree to submit periodic reports to the Committee on how they give effect to its provisions. The panel, now on its nineteenth session, evaluates the reports and makes observations and recommendations on improving the promotion and protection of the rights enshrined in the Covenant. In the absence of scheduled reports, the Committee may review the implementation of the treaty in a given country based on available information. Such is the case at this session in relation to the Solomon Islands, which has not submitted any report since ratifying the Covenant in 1982.

As it opens the session, the panel will discuss other substantive issues arising in the implementation of the Covenant, an exercise during which it is scheduled to hear from non-governmental organizations (NGOs). On 30 November, the Committee will hold a day-long general discussion on the right to education. Article 13 of the Covenant says State parties recognize the right of everyone to education. They agree that education shall be directed to the

full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. It states that primary education shall be compulsory and available free to all; and further education shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education. Article 14 says that each State party which at the time of becoming a party, has not been able to secure compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation.

The Committee will also consider reports from specialized agencies of the United Nations system on the progress made in States parties in achieving the observance of the provisions of the Covenant falling within the scope of their activities. The following specialized agencies, United Nations organs and financial institutions have been invited to send representatives to the fifteenth session: International Labour Organization (ILO), Food and Agriculture Organization (FAO), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Health Organization (WHO), Office of the United Nations High Commissioner for Refugees (UNHCR), United Nations Development Programme (UNDP), United Nations Conference on Trade and Development (UNCTAD), Joint United Nations Programme on HIV/AIDS (UNAIDS), International Monetary Fund (IMF) and the World Bank.

Committee's Observations on Last Reports by Cyprus, Germany, Canada

Of the five countries presenting a report at this session, Cyprus, Germany and Canada have previously submitted a report to the Committee.

In its observations and recommendations in January-February 1990 on Cyprus' second periodic report, the Committee noted that despite the situation in the country as a result of the fact that part of the national territory had been occupied for the past 17 years by the Turkish army, the Committee could not but appreciate the efforts, both legal and economic, shown by the Government in the carrying out of its obligations under the Covenant. The Committee expressed concern about this situation and hoped that the talks under the auspices of the Secretary-General of the United Nations would lead to a just and lasting solution of the problem.

Concerning the second periodic report of Germany, considered in November-December 1993, the Committee recommended that positive action be taken by the German authorities to guarantee ideological pluralism in education and equality of opportunity of men and women in that field. The Committee recommended that the next periodic report include information on the effects of the unification of the country on education and, in particular, updated statistical data on budgetary allocations and expenditures relating to educational and cultural activities. The Committee also requested that German

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authorities should respect the rights of teachers, professors and other educational personnel of the former German Democratic Republic so that they participate to the fullest possible extent in cultural life without any discrimination.

Following its examination in November-December 1993 of the second periodic report of Canada, the Committee recommended the incorporation in human rights legislation of more explicit reference to social, economic and cultural rights. The Committee recommended the extension of security of tenure to all tenants. In recognition of the increasingly important role played by the courts in ordering remedial action against violations of social and economic rights, the Committee also recommended that Canadian judiciary be provided with a training course on the country's obligations under the Covenant.

Provisional Timetable for Consideration of Reports

The Committee has drawn up the following provisional programme of work for the nineteenth session.

Tuesday, 17 November Israel, initial report (document E/1990/5/Add.30)

Wednesday, 18 November Israel (continued) Cyprus, third periodic report (document E/1994/104/Add.12)

Thursday, 19 November Cyprus (continued)

Friday, 20 November Switzerland, initial report (document E/1990/5/Add.33)

Monday, 23 November Switzerland (continued) Germany, third periodic report (document E/1994/104/Add.14)

Tuesday, 24 November Germany (continued)

Thursday, 26 November Solomon Islands (on the basis of available information) Canada, third periodic report (document E/1994/104/Add.17)

Friday, 27 November Canada (continued)

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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.

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 human rights experts serving in their personal capacity.

The Committee is composed of the following experts: 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), María de los Angeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchán Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).

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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, Democratic Republic of the Congo, 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, Kyrgyzstan and Latvia.

Also: Lebanon, Lesotho, Libya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Monaco, 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, Slovakia, 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, Yugoslavia, Zambia and Zimbabwe.

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For information media. Not an official record.