COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-SECOND SESSION

Round-up of Session                                        

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-SECOND SESSION

Issues Conclusions on Reports of Lithuania, Greece, Kuwait, Spain and Ecuador

(Reissued as received.)

GENEVA, 14 May (UN Information Service) -- The Committee on Economic, Social and Cultural Rights concluded today its three-week spring session by adopting its final conclusions and recommendations on reports of Lithuania, Greece, Kuwait, Spain and Ecuador which were considered during the session.

The five countries are among the 149 States parties to the International Covenant on Economic, Social and Cultural Rights and are required to submit periodic reports to the Committee on efforts to implement the provisions of the treaty, which entered into force in 1976.

Among the positive developments in the initial report of Lithuania, the Committee welcomed the establishment of the Parliamentary Ombudsperson, the Ombudsperson on Equal Opportunities and the Children’s Rights Ombudsperson.  While noting the ongoing efforts to improve the living situation of the Roma community, the Committee remained concerned that the Roma community continued to suffer from problems of integration and discriminatory practices.  Among other things, the Committee was concerned over the rise of long-term unemployment, trafficking in women and children, and the lack of information provided by the State party on reproductive health.  The Committee encouraged the State party to give consideration to the establishment of an independent national human rights institution.

With regards to positive aspects in the initial report of Greece, the Committee noted with satisfaction that the State party adopted an Integrated Action Plan for the Social Integration of Greek Roma (2001-2008).  The Committee remained deeply concerned about the persistent discrimination against Roma people in the fields of housing, health and education and was particularly concerned about reported instances of police violence against Roma, sweeping arrests, and arbitrary raids of Roma settlements by the police.  The Committee recommended that the State party take criminal and other effective measures against parents or other persons who may be exploiting children below the minimum working age of
15 years illegally working in the streets.

Among the positive aspects in the initial report of Kuwait, the Committee welcomed the State party’s efforts in the field of education, and in particular the high enrolment rates of girls and women at all levels of education.  The Committee was concerned, among other things, about the continuing discrimination

against the “Bedoons” and about discrimination against migrant workers in the field of economic, social and cultural rights.  The Committee was also concerned about the rising incidence of trafficking in persons, especially women and children.  Among its recommendations, the Committee urged the State party to take all the possible steps to ensure that its Labour Code was adopted and implemented without further delays.

The Committee labelled positive in the fourth periodic report of Spain the adoption and implementation of a number of measures aimed at strengthening the protection of economic, social and cultural rights in the State party.  The Committee remained concerned, among other things, about the precarious situation of the large number of undocumented immigrants who only enjoyed a limited protection of their economic, social and cultural rights.  The Committee was also concerned that the Roma population remained in a vulnerable and marginalized situation in the State party, especially with regard to employment, housing, health and education.  The Committee called upon the State party to strengthen its efforts to combat poverty and social exclusion and to develop a mechanism for measuring the poverty level and to monitor it closely.

On the second periodic report of Ecuador, the Committee welcomed the important role Ecuador played in the adoption of the Andean Charter of Human Rights.  Among other things, the Committee was concerned that despite the legal framework in place and the growing influence of indigenous grassroots community groups, indigenous people continued to suffer discrimination.  The Committee was deeply concerned about the persistent and growing level of poverty in the State party affecting primarily women, children, indigenous and Afro-Ecuadorian communities.  The Committee encouraged the State party to intensify its efforts and activities to combat poverty, including the setting up of an anti-poverty strategy to improve the living conditions of the disadvantaged and marginalized groups.

Also during the session, the Committee began to consider a draft General Comment on the right to work.  The discussion, which focuses on article 6 of the Covenant, follows the day of general discussion which the Committee held with the International Labour Organization (ILO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), non-governmental organizations and academics during its last session in November 2003.  Committee Members examined the document presented to them by Committee expert Philippe Texier, who prepared the draft comment and amendments to it.

During the course of the session, the Committee also held a brief meeting with officials from UNESCO in view of the second Joint Expert Working Group of UNESCO and the Committee, which was held to discuss the monitoring of the right to education.  Committee member Eibe Riedel said the Joint Expert Working Group reflected an historic cooperation between the two bodies.  The main task at hand was to examine the modalities of the Committee’s work with regard to education.

The Committee also heard a briefing by the Chairperson-Rapporteur of the Working Group of the Commission on Human Rights to draft an optional protocol to the Covenant, Catarina de Albuquerque, with whom the experts discussed questions related to the elaboration of an optional protocol which would establish a mechanism of individual complaints.

The next session of the Committee will take place from 8 to 26 November 2004 in Geneva during which the Committee is expected to consider reports from Malta, Denmark, Italy, Azerbaijan and Chile.

Final Conclusions on Initial Report of Lithuania

Among the positive developments in the report of Lithuania, the Committee welcomed the ongoing reform of the legal system in the State party, and noted with appreciation the entry into force in the last years of a number of new laws to bring it into conformity with international human rights standards.  The Committee also welcomed the establishment of the Parliamentary Ombudsperson, the Ombudsperson on Equal Opportunities and the Children’s Rights Ombudsperson, as well as the Law on State-Guaranteed Legal Aid, which entitled disadvantaged persons to free legal aid in criminal, civil and administrative cases.

While noting the ongoing efforts to improve the living situation of the Roma community under “The Programme of Integration of the Roma into the Lithuanian society for 2000-2004”, the Committee, among other things, remained concerned that the Roma community continued to suffer from problems of integration and discriminatory practices in the fields of housing, health, employment and education.  The Committee was concerned that unemployment rates remain high, with significant regional disparities and also noted with concern the rise in long-term unemployment and the large share of young people below 25 among the unemployed.  The Committee regretted the lack of information on the integration of people with disabilities in the labour market and expressed its concern that the incentives for employing people with disabilities were limited.  The Committee expressed its concern that basic pensions were insufficient to ensure an adequate standard of living.  The Committee noted with concern that trafficking in women and children continued to be a problem in the State party, which was a country of origin and transit.  The Committee was also concerned that the number of young women (aged 19 years and under) who had abortions was increasing, and regretted the lack of information provided by the State party on reproductive health.

The Committee encouraged the State party to give consideration to the establishment of an independent national human rights institution in accordance with the Paris Principles (General Assembly resolution 48/134 of 20 December 1993) with a mandate covering economic, social and cultural rights.  The Committee urged the State party to continue and strengthen its efforts to combat unemployment and to work towards ensuring that the minimum wage was sufficient to provide workers and their families with a decent standard of living.  The Committee also urged the State party to combat the phenomenon of street children as a matter of priority.

Final Conclusions on Initial Report of Greece

Among the positive aspects in the report of Greece, the Committee welcomed recent legislative amendments to ban discrimination, in particular gender-based discrimination, in the employment sector, including the abolition of quotas restricting access by women to police schools or a recent presidential decree placing the burden of proof on the employer if an employee complained about discriminatory practices.  The Committee also noted with satisfaction that the State party adopted an Integrated Action Plan for the Social Integration of Greek Roma (2001-2008), which aimed at the improvement of the housing situation of the Greek Roma and their enhanced access to basic health services.

The Committee was concerned that there was only one officially recognized minority in Greece, whereas there were other ethnic groups seeking that status.  While acknowledging the State party’s efforts to promote the social integration of Greek Roma, the Committee remained deeply concerned about the persistent discrimination against Roma people in the fields of housing, health and education.  It was particularly concerned about reported instances of police violence against Roma, sweeping arrests, and arbitrary raids of Roma settlements by the police.  The Committee expressed its concern about the high incidence of domestic violence and marital rape, which often remained unreported for cultural reasons and economic dependency of female spouses on their husbands.  The Committee was concerned that, according to information received, an alleged approximate number of 5,800 children below the minimum working age of 15 years illegally worked in the streets.  Moreover, the Committee was gravely concerned about numerous reports on the extrajudicial demolition of dwellings and forced evictions of Roma from their settlements by municipal authorities, often under the pretext of construction projects for the 2004 Olympic Games, and frequently without payment of adequate compensation or provision of alternative housing.  The Committee was also concerned that a high percentage of Roma and Turkish-speaking children were not enrolled in school, or dropped out at a very early stage of their schooling.

Among its conclusions, the Committee urged the State party to investigate reported instances of police violence against Roma and alleged arbitrary raids of Roma settlements, and to bring perpetrators to justice.  The Committee also urged the State party to proceed with the adoption of its draft legislation criminalizing domestic violence and marital rape by introducing specific provisions into the criminal code.  The Committee recommended that, in compliance with article 10 of the Covenant, the State party should take criminal and other effective measures against parents or other persons who may be exploiting children below the minimum working age of 15 years illegally working in the streets.

Final Conclusions on Initial Report of Kuwait

Among the positive aspects in the initial report of Kuwait, the Committee noted with appreciation the wide coverage of free health care in the State party.  The Committee welcomed the State party’s efforts in the field of education, and in particular the high enrolment rates of girls and women at all levels of education.  The Committee took note that the consequences of the war with Iraq in 1991 had affected the full enjoyment of economic, social and cultural rights.

The Committee was concerned, among other things, about the continuing discrimination against the “Bedoons” due to the fact that they were denied the possibility to become Kuwaiti nationals by the State party.  The Committee was concerned about discrimination against migrant workers in the field of economic, social and cultural rights.  Despite the various measures taken by the State party to improve the situation of women, the Committee was concerned about the persistence of de jure and de facto discrimination against women, particularly with regard to their participation in political decision-making, especially in Parliament, as well as in their enjoyment of economic, social and cultural rights.  The Committee was also concerned about the rising incidence of trafficking in persons, especially women and children, including for the purpose of domestic work, and about the insufficient information on children born outside wedlock submitted by the State party and it remained unclear of their legal status.  The Committee was also concerned about the lack of a comprehensive sexual and reproductive health programme in the State party and about the lack of statistical information on the incidence of sexually transmissible diseases such as HIV/AIDS in the State party.

Among its recommendations, the Committee urged the State party to take all possible steps to ensure that its Labour Code was adopted and implemented without further delays.  The Committee also recommended that the State party improve human rights education and training programmes in such a way as to ensure better knowledge, awareness and application of the Covenant, among the judiciary, the legislature and other actors responsible for the implementation of the Covenant.  The Committee also encouraged the State party to engage non-governmental organizations and other members of civil society in the process of discussion at the national level prior to the submission of its second periodic report.

Final Conclusions on Fourth Periodic Report of Spain

The Committee labelled positive in the fourth periodic report of Spain the adoption and implementation of a number of measures aimed at strengthening the protection of economic, social and cultural rights in the State party, including the Plan for the Equality of Opportunities between Women and Men 2003-2006, the establishment within the Ministry of Labour and Social Affairs of a new office to address the issues of migrant workers and the adoption of the Second National Plan of Action for Social Inclusion 2003-2005, which include initiatives to improve the situation of Roma (Gitano) populations.  The Committee also noted with appreciation the measures taken to combat domestic violence.

While noting that undocumented immigrants residing in the State party enjoy a number of fundamental rights and freedoms, the Committee remained concerned, among other things, about the precarious situation of the large number of undocumented immigrants who only enjoy a limited protection of their economic, social and cultural rights.  The Committee was concerned that, in spite of the existence of a range of programmes at the national and regional levels aimed at improving the situation of the Roma (Gitano) population, the Roma population remained in a vulnerable and marginalized situation in the State party, especially with regard to employment, housing, health and education.  While appreciating the measures taken by the State party to promote gender equality, notably under the Plan for the Equality of Opportunities between Women and Men 2003-2006, the Committee remained concerned about the persistent gender inequalities in the State party, particularly with regard to women’s participation in decision making and in the labour market.  The Committee was also concerned that the level of unemployment remains high (11.3 per cent), particularly among young people and women.  While recognizing the measures taken to combat domestic violence in the State party, the Committee expressed its concern about the rising number of fatal victims of domestic violence and of the persistent high number of complaints lodged by women for ill treatment at the hands of their spouses or partners.

The Committee encouraged the State party to continue and strengthen its efforts to address the situation of the Roma population and to gradually increase the level of its official development assistance to reach the United Nations target of 0.7 per cent of gross domestic product (GDP).  The Committee recommended that the State party continue strengthening programmes to reduce unemployment targeting the most affected regions and groups.  It also recommended that the State party take further measures to make it easier for women to reconcile work and family life.  The Committee encouraged, in this regard, the State party to improve child-care facilities for children under the age of three.  While noting the explanation of the State party’s delegation that the problem of unaccompanied minors had been solved though a memorandum between the State party and Morocco, the Committee requested the State party to provide more information of this matter in its next periodic report.  The Committee also called upon the State party to strengthen its efforts to combat poverty and social exclusion and to develop a mechanism for measuring the poverty level and to monitor it closely.

Final Conclusions on Second Periodic Report of Ecuador

The Committee noted with appreciation that the new Constitution of Ecuador adopted in 1998 incorporated a wide range of human rights, including a number of economic, social and cultural rights enshrined in the International Covenant on Economic, Social and Cultural Rights.  The Committee also welcomed the important role the State party played in the adoption of the Andean Charter of Human Rights.  The Committee took note with satisfaction of the ratification by the State party of the Inter-American Convention on Prevention, Punishment and Eradication of Violence against Women.  The Committee took note that Ecuador had experienced recently a range of natural disasters such as the El Niño phenomenon that had negatively affected the implementation of the rights guaranteed in the Covenant.

Among other things, the Committee was concerned that despite the legal framework in place and the growing influence of indigenous grassroots community groups, indigenous people continued to suffer discrimination, particularly with regard to employment, housing, health and education.  The Committee was also concerned about the negative health and environmental impact of natural resource extracting companies’ activities at the expense of the exercise of land and culture rights of the affected indigenous communities and the equilibrium of the ecosystem. 

The Committee expressed its concern about the de facto inequality that existed between men and women in Ecuadorian society despite legislative guarantees of equality.  The Committee, while recognizing the efforts of the State party towards combating child labour, deplored the practice of child labour in the State party, especially in agriculture and domestic work.  The Committee was deeply concerned about the high incidence of sexual abuse, prostitution of girls and boys under the age of 18 in urban areas, exploitation of children and the lack of a comprehensive strategy to address these problems and about trafficking in minors, especially indigenous minors.  The Committee was deeply concerned about the persistent and growing level of poverty in the State party affecting primarily women, children, indigenous and Afro-Ecuadorian communities and about the enjoyment of the right to health of all people in Ecuador and particularly with regard to access to generic medicine.  The Committee was concerned about the high rate of illiteracy and school drop-out in the State party.  The Committee was also concerned that, despite the existence of schools and universities where indigenous languages were taught, major indigenous languages, particularly Quechua, were gradually disappearing.

The Committee strongly urged the State party to ensure that indigenous people participate in decisions affecting their lives, to take immediate steps to ensure equal opportunities for Afro-Ecuadorians and to take effective measures to combat domestic violence.  The Committee encouraged the State party to intensify its efforts and activities to combat poverty, including the setting up of an anti-poverty strategy to improve the living conditions of the disadvantaged and

marginalized groups and to provide information in the next periodic report on any progress made. 

Committee on Economic, Social and Cultural Rights

The Economic and Social Council established the Committee in 1985.  Elected by the Economic and Social Council 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:  Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Chokila Iyer (India), Azzouz Kerdoun (Algeria), Yuri Kolosov (Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Riedel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), and Alvaro Tirado Mejia (Colombia).

Ms. Bonoan-Dandan is Chairperson.  Vice-Chairpersons are Mr. Marchán Romero, Mr. Riedel and Mr. Kerdoun.  The Rapporteur is Mr. Ceausu.

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