COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FORTY-SIXTH SESSION

The Committee on Economic, Social and Cultural Rights concluded its forty-sixth session today, after issuing its concluding observations and recommendations on the reports of Turkey, the Republic of Moldova, Germany, Yemen and the Russian Federation, which it considered during the session.

The countries considered by the Committee are among the 160 States parties to the International Covenant on Economic, Social and Cultural Rights which are required to submit periodic reports to the Committee on their efforts to implement the provisions of the treaty, which entered into force in 1976.

In concluding observations and recommendations on the initial report of Turkey, the Committee welcomed the ratification of several core international instruments undertaken over the past decade including eight core human rights treaties. However, the Committee expressed concerns about the absence of a broad legislative framework for the recognition of all minorities in the State party, including the Kurds, the Romas and the Arameans, and the protection of their rights. The Committee was further concerned about the denial of minority rights of these communities. The Committee urged the State party to recognize all the minorities in its territory and to provide them the full opportunities to enjoy their economic, social and cultural rights and to adopt the necessary plans of action for this purpose.

On the second periodic report of the Republic of Moldova, the Committee was pleased to note the adoption of the National Programme for Gender Equality 2010 to 2015 as well as the adoption of the Law on Preventing and Combating Domestic Violence of 2007. The Committee however did raise concerns about the continued marginalization of the Roma community, continued gender disparities in wages and children in residential care centres. The Committee recommended that the Republic of Moldova strengthen its efforts to address the socio-economic exclusion of the Roma, take concrete and effective steps to end gender disparities in employment and ensure the prosecution of human traffickers and support for victims of trafficking.

With regard to the fifth periodic report of Germany, the Committee noted with appreciation that the State party had taken a number of measures aimed at improving the enjoyment of economic, social and cultural rights such as reforms of the labour market, the introduction of the universal health insurance coverage, and the implementation of the 2007 National Plan of Action to Combat Violence against Women. The Committee did, however raise concerns about continued obstacles faced by persons with a migration background in the enjoyment of their rights to education and employment, due primarily to prevailing prejudices against them and insufficient awareness of their rights. The Committee urged Germany to strengthen efforts to address the issues faced by persons with a migration background in its education, employment and social policies and plans.

After reviewing the second periodic report of Yemen, the Committee was happy to note the adoption in 2008 of the Domestic Violence Act, the efforts of the State party aiming at immunization and the eradication of endemic and infectious diseases and the initiatives undertaken by the State party to improve the access to schools. The Committee was deeply concerned about the widespread manifestations of discrimination in Yemen against disadvantaged and marginalized individuals and groups, in particular women. The Committee called on Yemen to adopt a comprehensive anti-discrimination law, addressing all disadvantaged and marginalized sectors of the society.

Following its consideration of the fifth periodic report of the Russian Federation, the Committee welcomed the ratification of the UN Convention against Transnational Organized Crime and the establishment of the Ministry of Regional Development for the implementation of policies on ethnic minorities’ issues. The Committee expressed concern that the situation of women in employment remained precarious and that women were the overwhelming majority of workers in lower level and low-paid jobs in the various parts of both the public and private sectors. The Committee encouraged the State party to ensure just and favourable conditions of work for women in the labour market, in particular to step up its efforts to raise the pay of employees in the public sector in order to reduce the pay gap between women and men.

During its session the Committee adopted a statement on “The Obligations of States Parties regarding the Corporate Sector on Economic, Social and Cultural Rights”, in which it noted that the corporate sector in many instances contributed to the realization of economic, social and cultural rights through input to economic development, employment generation, and productive investment. However, corporate activities could adversely affect the enjoyment of Covenant rights through child labour; unsafe working conditions; restrictions on trade union rights; discrimination against female workers; harmful impacts on the right to health, the standard of living, indigenous peoples, and the natural environment; and the destructive role of corruption. The Committee reiterated the obligation of States parties to ensure that all economic, social and cultural rights laid down in the Covenant were fully respected and rights holders adequately protected in the context of corporate activities.

The Committee also adopted a statement on “The Importance and Relevance of the Declaration on the Right to Development”, the twenty-fifth anniversary of which would be commemorated this year. The Committee members also discussed ways in which they could mark the day and the particular relevance this right had in the context to economic, social and cultural rights.

In closing remarks, Ariranga Pillay, the Committee Chairperson, summarized the Committee’s activities during the session by noting that two new members had taken the solemn oath, a new bureau had been elected and they had discussed relations with United Nations organs and other treaty bodies, and heard information from non-governmental organizations with respect to the reports that it reviewed during this session. In addition to holding dialogues with the five States parties and adopting two statements, the Committee also held discussions on the Draft Rules of Procedure for the Optional Protocol to the Covenant, as well as preliminary discussions on future draft general comments and/or statements.

The next session of the Committee will be held from 14 November to 2 December 2011, at which time it will take up reports from Argentina, Cameroon, Estonia, Israel and Turkmenistan.

Concluding Observations

Turkey

Following its consideration of the initial report of Turkey, the Committee was pleased to note the ratification of several core international instruments undertaken over the past decade including eight core human rights treaties. The Committee welcomed a number of measures taken by the State party aimed at improving the enjoyment of economic, social and cultural rights, in particular: the establishment of the Parliamentary Commission on Equal Opportunities for Women and Men; the expansion of vaccination coverage which had markedly reduced infant and child mortality; the implementation of the Health Transformation Programme, which had brought about a more sustainable and accountable health system; the amendments to the Penal Code and other enactments to combat violence against women; and the amendments to the Penal Code on trafficking which brought its provisions in line with the relevant international convention and its protocols.

In view of the fact that the State party recognized only Greeks, Jews and Armenians as minorities, the Committee expressed concern about the absence of a broad legislative framework for the recognition of all minorities in the State party, including the Kurds, the Romas and the Arameans, and the protection of their rights. The Committee was further concerned about the denial of minority rights of these communities. The Committee noted with deep concern that persons with disabilities in the State party continued to face great difficulties in exercising their rights under the Covenant, including accessing employment, housing, education and healthcare. The Committee was concerned that, despite the legislative and institutional reform undertaken and implemented by the State party with regard to gender equality, women continued to be treated unequally with men. The Committee was alarmed at the very high incidence of violence against women in the State party, despite the implementation of the 2007-2010 National Action Plan to Combat Violence against Women. The Committee was moreover concerned that domestic violence, including physical and psychological violence, was not criminalized in the State party and that the remedies available to victims of domestic violence were ineffective.

The Committee urged the State party to recognize all the minorities in its territory and to provide them the full opportunities to enjoy their economic, social and cultural rights and to adopt the necessary plans of action for this purpose. The Committee urged the State party to: provide persons with disabilities with their full rights under the Covenant and without discrimination and ensure that they had physical access to buildings, parks, hospitals, school, transportation systems, as well as other public places and services. Concerning gender equality, the Committee called on the State party to: raise public awareness about gender equality and adopt the necessary measures, legislative or otherwise, with a view to changing prejudices and perception about gender roles; expand the supply of day-care services; and adopt the quota system in various areas to accelerate women’s representation in political life and in the labour market. The Committee also called on the State party to criminalize domestic violence, strictly enforce the law combating violence against women, increase the number of shelters, and monitor the discharge by relevant public officials of their responsibilities when dealing with victims of domestic violence.

Republic of Moldova

Regarding the second periodic report of the Republic of Moldova, the Committee noted with appreciation the efforts made by the State party in promoting the implementation of economic, social and cultural rights. The Committee welcomed in particular: the adoption of the National Programme for Gender Equality 2010 to 2015; the inclusion in the Criminal Code of sexual harassment as a crime; the adoption of the Strategy and National Action Plan on Reform of the residential care system 2007 to 2012; and the adoption of the Law on Preventing and Combating Domestic Violence of 2007.

The Committee was concerned that the Roma population continued to face marginalization and social exclusion, especially in the areas of education, housing, health and employment. The Committee remained concerned about the significant gender disparities in wages, resulting in women earning 76.4 per cent of the average monthly wage of men in 2009. The Committee was also concerned that the State party continued to be a country of origin and transit for trafficking in persons, and that the prosecution rate of offenders was very low, given the extent of the phenomenon. The Committee remained concerned about the widespread violence against women, including domestic violence, the limited number and capacity of shelters for victims of domestic violence, and the insufficiency of police protection for victims, as well as the protracted procedure for the issuing of court protection orders. The Committee was extremely concerned that, despite the reform of the residential care system for children of 2007, the rate of institutionalization of children remained very high.

The Committee urged the Republic of Moldova to strengthen its efforts to address the socio-economic issues facing the Roma population, including through effective implementation, adequate resourcing and effective monitoring of the “Action Plan for the Support of the Roma People from the Republic of Moldova for 2011 to 2015”. The Committee recommended that the State party take concrete and effective steps within the National Programme for Gender Equality 2010 to 2015 to ensure equal treatment between men and women in the labour market, including equal pay for work of equal value in all sectors. The Committee recommended that the State party ensure prosecution for human traffickers, with sentences commensurate to the gravity of the crime of trafficking, as well as protection for victims of human trafficking in criminal proceedings, and adequate support for victims through recovery and counselling measures. The Committee recommended that the State party ensure that the police act promptly and effectively in all cases of domestic violence, and that court protection orders are issued within the legally defined time limit of 24 hours. The Committee strongly recommended that the State party ensure the full implementation of the reform of the residential care system for children, focusing especially on the re-integration of children with disabilities. It strongly urged the State party to ensure the prevention of the separation of children from their families, and the re-integration of de-institutionalized children, including those with disabilities, through adequate family substitute and family support services as well as community based services.

Germany

With regard to the fifth periodic report of Germany, the Committee welcomed a number of measures taken by the State party aimed at improving the enjoyment of economic, social and cultural rights, in particular: the reforms of the labour market which had enabled Germany to reach the lowest level of unemployment in the past twenty years; the adoption of objectives to ensure the effective implementation of the National Integration Plan; the introduction of the universal health insurance coverage under the 2007 Health Reform; the implementation of the 2007 National Plan of Action to Combat Violence against Women; the measures taken to protect children from abuse and violence, such as the network of hotlines, the services provided by the child protection centres, and the free counselling services for children and teenagers; and the policy of promotion and support of long-term care at home.

The Committee noted with deep concern the impact of the State party’s agriculture and trade policies, which promoted the export of subsidised agricultural products to developing countries, on the enjoyment of the right to adequate standard of living and particularly on the right to food in the receiving countries. The Committee expressed concern that persons with a migration background, including those of the second generation, continued to face serious obstacles in the enjoyment of their rights to education and employment, due primarily to prevailing prejudices against them and insufficient awareness of their rights. The Committee noted with deep concern the situation of asylum-seekers who did not receive adequate social benefits, lived in inadequate and overcrowded housing, had restricted access to the labour market and had access only to emergency healthcare. While noting the Federal Constitutional Court’s ruling upholding the constitutionality of the method for the calculation of the subsistence level, the Committee remained concerned that this method did not ensure an adequate standard of living for the beneficiaries. The Committee noted with concern that according to the State party’s data, 13 per cent of the population of the State party lived below the poverty line while 1.3 million persons, who were economically active, required income supports as their earnings did not sustain them.

The Committee urged the State party to fully apply a human rights-based approach to its international trade and agriculture policies, including by reviewing the impact of subsidies on the enjoyment of economic, social and cultural rights in importing countries. The Committee urged the State party to strengthen efforts to address the issues faced by persons with a migration background in its education, employment and social policies and plans, including by taking concrete measures aimed at helping them assert their rights and by monitoring the enforcement of laws against racial discrimination in the labour market. The Committee urged the State party to ensure, in line with international standards, that asylum-seekers enjoyed equal treatment in access to non-contributory social security schemes, health care and the labour market. The Committee also called on the State party to ensure that national regulations on housing standards, particularly on overcrowding, also applied to reception centres. The Committee urged the State party to review the methods and criteria applied to determine the level of benefits and to monitor the adequacy criteria regularly to ensure that the level of benefits afforded the beneficiaries an adequate standard of living. The Committee called on the State party to adopt and implement a comprehensive anti-poverty programme taking account of the aspects of poverty as identified by the various qualified analyses undertaken by the State party. Moreover, the Committee called on the State party to integrate human rights into the implementation of the anti-poverty programme, paying thereby particular attention to the disadvantaged and marginalized groups.

Yemen

With regard to the second periodic report of Yemen, the Committee was pleased to note the efforts made by the State party in promoting the implementation of economic, social and cultural rights. The Committee welcomed in particular: the adoption in 2008 of the Domestic Violence Act; the efforts of the State party aiming at immunization and the eradication of endemic and infectious diseases; the initiatives undertaken by the State party to improve the access to schools, including by children from disadvantaged and marginalized groups; the large number of projects to address the shortcomings in the implementation of economic, social and cultural rights, and the development of cooperation in this regard with international and bilateral partners.

The Committee was deeply concerned about the widespread manifestations of discrimination in Yemen against disadvantaged and marginalized individuals and groups, in particular women, which often bore a structural character. The Committee was concerned that the Al-Akhdam people continued to face social and economic marginalization and discrimination, especially concerning access to employment, conditions of work, extensive level of child labour, extremely high levels of school drop-out, and lack of adequate housing, water and sanitation, as well as electricity. The Committee expressed deep concern about the extremely low level of representation of women in decision-making positions in all spheres, including in Parliament, Government, the judiciary, public administration, the Foreign Service and academia. The Committee was deeply concerned about continued discrimination and marginalization of persons with disabilities, in particular regarding the access of women and girls with disabilities to employment. The Committee noted with particular concern that the State party had not yet established a national minimum wage. The Committee continued to be concerned about the prevalence of domestic violence; the persistent inequality of women in matrimonial and family matters in law and in practice; the continued harmful practice of female genital mutilation in the State party, especially in the coastal and rural areas; and the large scale trafficking in women and children.

The Committee recommended that the State party adopt a comprehensive anti-discrimination law, addressing all disadvantaged and marginalized sectors of the society. The Committee called on the State party to combat the social discrimination and marginalization faced by the Al-Akhdam people, including through temporary special measures, and to adopt a national action plan for this purpose, elaborated with the participation of Al-Akhdam people and equipped with an effective, participatory and transparent monitoring and implementation mechanism. The Committee urged the State party to adopt a comprehensive Gender Equality Act, and introduce temporary special measures, including a quota system, to promote the representation of women in decision-making positions in all spheres. The Committee recommended that the State party take steps to eliminate discrimination and stigma attached to disabilities in all spheres of life. The Committee recommended that the State party ensure that an appropriate percentage of government jobs were made available to persons with disabilities. The Committee recommended that the State party immediately criminalize domestic violence and marital rape, prosecute offenders, as well as ensure protection to victims of domestic violence, including through expanding the number, coverage and capacity of shelters. The Committee urged the State party, as a matter of priority, to amend its matrimonial and family law and to strengthen its efforts to prevent and combat trafficking in women and children, including in the framework of the implementation of the revised and developed National Plan to Combat Child Trafficking.

Russian Federation


After examining the fifth periodic report of the Russian Federation, the Committee noted with appreciation the positive efforts made by the State party that had contributed to the promotion of the implementation of economic, social and cultural rights, in particular: the ratification in July 2010 of the ILO Convention 135, and in April 2004 of the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants by Land, Sea and Air; the establishment in September 2004 of the Ministry of Regional Development of the Russian Federation with the responsibility for implementation of policies on ethnic minorities’ issues; the adoption in February 2009 of a policy framework for the sustainable development of the small indigenous peoples in the North, Siberia and the Far East of the Russian Federation; and the adoption in November 2010 of the Federal Strategy of development of the rural areas for the period until 2020.

The Committee expressed concern at the continued absence of a federal plan of action addressing the social and economic marginalization of the Roma. The Committee also remained concerned at the lack of adequate response to its request to provide detailed information on the situation of Roma settlements, and the eviction of Roma from their dwellings, and the destruction of their dwellings in cities and regions of the State party, often ordered without provision of alternative housing. The Committee reiterated its concern, in spite of the State party’s efforts, that the situation of women in employment remained precarious and that women were the overwhelming majority of workers in lower level and low-paid jobs in the various parts of both the public and private sectors. The Committee was also concerned by the wide gender pay gap, with the average income of women being 65.3 per cent of the average income of men across the country. The Committee remained concerned, in spite of the steps taken by the State party, about continued reports of trafficking in women and children for sexual exploitation and abuse. The Committee also remained concerned about the large number of children who lived and worked on the streets, in particular in the informal sector, where they were vulnerable to abuse, including sexual abuse, and to other forms of exploitation to such an extent that regular school attendance was severally restricted.

The Committee encouraged the State party to adopt a national programme of action for the promotion of economic, social and cultural rights of Roma, and to allocate sufficient resources for its effective implementation. The Committee encouraged the State party to ensure just and favourable conditions of work for women in the labour market, in particular to step up its efforts to raise the pay of employees in the education, healthcare and other public sectors in order to reduce the pay gap between women and men in the State party. The Committee encouraged the State party to further strengthen measures to combat trafficking in women and children and combat the sexual exploitation, abuse and prostitution of children by developing programmes to address the root causes of trafficking and sexual exploitation of women and children. The Committee also encouraged the State party to adopt its comprehensive draft Law on Combating Trafficking in Human Beings, which would provide for a system of bodies to combat trafficking and contain provisions concerning prevention of trafficking, as well as protection and rehabilitation of victims. The Committee urged the State party to intensify its efforts to: take effective measures to address the root causes of the phenomenon of street children; take effective and appropriate measures to ensure that street children have access to education, shelter and health care; and address the sexual abuse and other exploitation of street children through the prosecution of perpetrators of abuse and the reintegration of victims into society.

Committee on Economic, Social and Cultural Rights

The Committee is composed of the following 18 Experts: Aslan Khuseinovich Abashidze (Russian Federation); Mohamed Ezzeldin Adel-Moneim (Egypt); Clement Atangana (Cameroon); Rocio Barahona Riera (Costa Rica); Jun Cong (China); Chandrashekhar Dasgupta (India); Zdzislaw Kedzia (Poland); Azzouz Kerdoun (Algeria); Jaime Marchan Romero (Ecuador); Sergei Martynov (Belarus); Ariranga Govindasamy Pillay (Mauritius); Renato Zerbini Ribeiro Leao (Brazil); Eibe Riedel (Germany); Waleed Sa'di (Jordan); Nikolaas Jan Schrijver (Netherlands); Heisoo Shin (Republic of Korea); Philippe Texier (France); and Alvaro Tirado Mejia (Colombia).


For use of the information media; not an official record

ESC11/009F