COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO HOLD TWENTY-FOURTH SESSION FROM 13 NOVEMBER TO 1 DECEMBER

10 November 2000

Press Release
HR/4499

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO HOLD TWENTY-FOURTH SESSION FROM 13 NOVEMBER TO 1 DECEMBER

20001110 Background Release

Committee Will Consider Reports From Portugal, Finland, Belgium, Yugoslavia and Morocco

(Reissued as Received.)

GENEVA, 10 November (UN Information Service) -- The Committee on Economic, Social and Cultural Rights will meet at the Palais des Nations in Geneva from next Monday, 13 November, until 1 December to examine the measures taken by Portugal, Finland, Belgium, Yugoslavia and Morocco to realize these rights.

The five countries are among the 143 States parties to the International Covenant on Economic, Social and Cultural Rights. The treaty, which entered into force in 1976, recognizes, among other things, 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 the provisions of the Covenant. The panel, now in its twenty-fourth session, evaluates the reports and makes observations and recommendations on improving the promotion and protection of the rights enshrined in the Covenant.

In the case of long overdue reports, the Committee may review the implementation of the treaty in a given country based on available information.

At the opening of 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 Monday, 27 November, the Committee will hold, in cooperation with the World Intellectual Property Organization, a general discussion on Article 15 (1)(c) of the Covenant concerning the “right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”.

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: International Labour Organization (ILO), the Food and Agriculture Organization (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Health Organization (WHO), the Office of the United Nations High Commissioner for Refugees (UNHCR), the World Intellectual Property Organization (WIPO), United Nations Children’s Fund (UNICEF), the United Nations Development Programme (UNDP), the United Nations Conference on Trade and Development (UNCTAD), the Joint United Nations Programme on HIV/AIDS (UNAIDS), the International Monetary Fund (IMF), the World Bank, and the World Trade Organization (WTO).

Concluding Observations

The Committee’s concluding observations and recommendations on the last reports submitted by Portugal, Finland, Belgium, Yugoslavia, and Morocco were as follows:

When the Committee considered the second periodic report of Portugal in May 1995, it welcomed, as positive aspects, the numerous constitutional, legislative and other measures which the State party had taken to promote the realization of economic, social and cultural rights as provided for in the Covenant. It also noted with satisfaction the campaigns conducted against intolerance and racial discrimination, in favour of equality between the sexes and against child labour. Main subjects of concern included that there was still de facto discrimination against women with regard to the right to equal treatment at work and the right to equal remuneration.

The Committee recommended that the Portuguese authorities should continue their efforts with a view to ensuring de facto equality between men and women, particularly in the fields of access to employment and equal pay for equal work. It also urged the State party to continue its efforts to guarantee the right to housing for the most vulnerable groups, through improved sanitation and rehabilitation of dwellings that were insanitary or lacked minimum basic services.

In its concluding observations following consideration of the third periodic report of Finland in November 1996, the Committee noted as positive aspects the generally high level of achievement by Finland of its obligations in respect of the protection of the rights set forth in the Covenant. Principal subjects of concern included that, although equality between men and women was established in the law, it was not fully achieved in practice, in particular, in the field of equal remuneration, and that, in general, women continued to encounter more obstacles than men in advancing to higher professional positions.

The Committee recommended that consideration be given to enacting legislation providing for minimum wages, and their periodical adjustment, so that protection be ensured also to workers who were not protected by sectoral collective agreements. It also drew the attention of the authorities to the need to eliminate discrimination of any kind in the exercise of the rights set forth in the Covenant, especially the right to housing, and encouraged the Government to continue its efforts to combat the problems of alcoholism, domestic violence, child and adolescent suicide, and child abuse.

On the initial report of Belgium, considered in May 1994, the Committee commended Belgium on the measures it had taken to give effect to the provisions of the Covenant and especially on the inclusion of economic, social and cultural rights in the new text of the Belgian Constitution of February 1994. Principal subjects of concern included that the most vulnerable groups of society in Belgium were not always adequately protected.

The Committee recommended, among other things, that the right to strike be explicitly inscribed in Belgian law; and that Belgian authorities take appropriate measures to promote investment programmes and encourage, in particular, the construction of low-cost rental housing.

After its consideration of the initial report of Yugoslavia in February 1988, the Committee thanked the representative of the State party for having cooperated with the Committee in a spirit of constructive dialogue and with the common objective of implementing the rights recognized in the Covenant. It was observed that supplementary information with respect to the situation in Kosovo and as regards any significant regional disparities in the enjoyment of economic, social and cultural rights within Yugoslavia, would be appreciated.

And in its concluding observations and recommendations on the initial report of Morocco, considered in May 1994, the Committee listed as positive aspects the adoption of a revised Constitution in September 1992 and the various measures introduced in this new Constitution, including, in particular, the establishment of a Constitutional Council and an Economic and Social Council. Principal subjects of concern included that with regards to the Western Sahara, the Committee was concerned that the right to self-determination had not been exercised. The Committee was also concerned with the extent to which women enjoyed the rights contained in the Covenant. The Committee recommended, among other things, further measures by the State party to reduce existing disparities between the modern and traditional sectors of society and in particular between the rural and urban areas. There were also a need to adopt further measures to provide adequate safety nets for the vulnerable sectors of society affected by structural adjustment programmes.

Provisional Timetable for consideration of reports at the forthcoming session is as follows:

Tuesday and Wednesday, 14 and 15 November –- Portugal, third periodic report (E/1994/104/Add.20); Wednesday, 15 November (afternoon) and Thursday, 16 November -– Finland, fourth periodic report (E/C.12/4/Add.1; Friday, 17 November and Monday, 20 November -– Belgium, second periodic report (E/1990/6/Add.18); Monday, 20 November (afternoon) and Tuesday, 21 November -– Yugoslavia, second periodic report (E/1990/6/Add 22); Wednesday and Thursday, 22 and 23 November -– Morocco, second periodic report (E/1990/6/Add.20).

International Covenant

The General Assembly adopted and opened the International Covenant on Economic, Social and Cultural Rights 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 State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.

The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles 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. Saidi (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).

States Parties to Covenant

The Covenant has been ratified or acceded to by 143 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, 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, Eritrea, 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, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, 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, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, 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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