COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS HEARS FROM HUMAN RIGHTS INSTITUTIONS AND CIVIL SOCIETY FROM IRAQ, MOROCCO AND GUYANA
The Committee on Economic, Social and Cultural Rights this morning heard from the National Human Rights Institutions of Iraq and Morocco, as well as several non-governmental organisations from Iraq, Morocco, and Guyana.
The National Human Rights Institution and non-governmental organisations of Morocco highlighted issues of victims of gross violations of human rights, the prohibition of Amazigh names and the place of the Amazigh language in the Constitution, discrimination and violation against women and the lack of laws to protect their rights, the rights of the Saharawi peoples of Western Sahara, including their right to self-determination, their rights to their natural resources, and the rights of human rights defenders in the Western Sahara.
On Iraq, the National Human Rights Institution and non-governmental organisations raised questions concerning acts of the Islamic State against the religious minorities, including the Assyrian Christians, as well as the access to water, electricity and food, the sustained bombardment and militia attacks, a continuous decline in the level of protection of rights, unemployment, child labor and kidnapping and trafficking of children, lack of medical staff, lack of resources to promote the deteriorated mental health situation in the country, and a deteriorating environmental situation.
One non-governmental organisation from Guyana took part in the discussion and raised the issue of discrimination faced by lesbian, gay, bi-sexual and trans-sexual individuals, which had a profound impact on the right to work, health care, social protection, and housing of these individuals.
The Committee on Economic, Social and Cultural Rights will next meet at 3 p.m. today when it will consider the second to fourth periodic report of Guyana (E/C.12/GUY/2-4).
National Human Rights Institution of Morocco
The National Council of Human Rights (National Human Rights Institution) of Morocco
had received, from its inception in March 2011 until 31 December 2013, a total of 41,704 complaints. Of those, 1,289 had been on allegations of fundamental rights, including economic, social and cultural rights, and had been followed up by the Institution. While welcoming the decision taken by the Government in March 2014 to interact quickly and effectively respond to complaints and proposals from the Institution, more efforts were needed by the Government. The recommendations of the Equity and Reconciliation Commission were monitored by the Institution, and until 31 December 2014, the Government had compensated 26,537 victims of gross violations of human rights and their dependents.
Regarding the rehabilitation programme, the number of beneficiaries reached 1,312 cases, of which 1,135 cases had been completed. The Institution was responsible for monitoring the implementation of 149 projects spread over 13 provinces. The Institution had also contributed to the creation of the organ called “Archives of Morocco”, following the adoption of the law on archives and supervised the preparation of several projects, organized four conferences on museology and heritage, and supported the creation of a Master's program on the history of the present time and another Master of the Saharan Studies.
The Human Rights Institution had reached out to the Government regarding the prohibitions of Amazigh names, and the Government had responded favorably to the complainants' grievances. A statement following the meeting in January 2014 specifying the freedom for citizens in the choice of names for their children. The Institution had held in June 2015 a working session with 18 associations on the implementation of the official character of the Amazigh language. The Institution had also recommended the establishment of a national strategy for the protection of women's health.
Questions by Experts
An Expert inquired whether any information was available on the lesbian, gay, bi-sexual and trans-sexual community and the right to self-determination of the people in Western Sahara.
Another Expert asked whether the National Human Rights Institution was a public or private institution, and what its make-up was.
Question was asked about the programme of social reintegration, in which over 1,000 cases had been solved. What did “solved” mean? Was the Institution sufficiently equipped with human and financial resources for its very broad mandate?
Another Expert asked whether there was progress on economic, social and cultural rights. What was the role of the Inter-Ministerial Delegation of Human Rights that had recently been set up? What was its relationship with the National Human Rights Institution?
Replies by the National Human Rights Institution of Morocco
The National Human Rights Institution (National Council of Human Rights) said that it was guided by the Paris Principles, and as such, was independent of the Government and acted as an intermediary between non-governmental organisations and the Government. Members were appointed by consensus. It had 13 regional commissions. Its mandate was the promotion and protection of human rights of all nature. More funding was needed.
The Inter-Ministerial Delegation of Human Rights was a governmental body, which coordinated official policy in human rights. Regarding the justiciability of rights in the new Constitution of 2011, it was explained that the Constitution had provided for greater independence for judiciary, but access to justice by citizens was still difficult.
Concerning the lesbian gay bi-sexual and trans-sexual community, Morocco remained a conservative country, and discussions were currently taking place on that matter. An ad-hoc commission had been set up discussing the issue of fundamental freedoms.
National Human Rights Institution of Iraq
The National Human Rights Institution of Iraq (Independent High Commission for Human Rights) had been established on the basis of the Paris Principles. Its financial and administrative independence was assured. The formality and objective procedures had been completed in April 2012. The Institution’s activities included submitting draft laws within the framework of the protection of rights, including the draft labour law, social security law and child protection law; and seeking cultural monument protection; and ensuring the protection of all economic social and cultural rights. In spite of the policies set by the Government in the economic, social and cultural sectors, there were still high levels of poverty and unemployment, the non-issuance of laws, as well as a continuous decline in the level of protection of rights. There was also an increase in the phenomenon of child labor, and kidnapping and trafficking of children; a growing problem of lack of medical staff; lack of financial resources to promote the deteriorated mental health situation in the country; and a deteriorating environmental situation, among other issues.
Iraq had not signed the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights, and did not currently consider its ratification. Regarding harmonization of legislation with the Covenant, the Institution explained that the Iraqi Constitution did not guarantee superiority of international legislation over domestic. Numerous problems remained in the country, despite the ratification of other international instruments.
The Institution urged the Iraqi Government to issue legislation to criminalize the acts of the Islamic State against the religious minorities; reconsider the amendments of relevant laws on equal rights; increase payments for retirees and enhance their income; maintain the efforts of executive governmental bodies to alleviate rates of poverty; increase financial allocations for health and environment sectors, as well as for educational institutions.
Questions by Experts
An Expert inquired what the exact mandate of the Institution was. Although established in accordance with Paris Principles, it was given a B status, and seemed as though it had a more advisory role.
Could the Institution also clarify the National Act adopted in 2011 and the status of the Labour Law?
Another Expert wanted to know more about challenges women were facing in Iraq.
Replies by the National Human Rights Institution of Iraq
The National Human Rights Institution’s terms of reference, according to the law, specified that it was a national institution with a very comprehensive mandate to ensure the protection and promotion of human rights as stipulated in the legal system and the Constitution. It was entitled to submit complaints and carry out investigations to complaints, and where it found that there had been a human rights abuse, it was entitled to transfer that complaint directly to the courts and the legal system. On that basis, the Supreme Council of Judges had achieved favorable rulings for victims of human rights abuses, and had a human rights department in all Courts of Appeal throughout the country.
Regarding the National Action Plan of 2011, the Institution had an observer status in the National Committee, and very often highlighted the delay in implementing the plan.
The Labour Law had been adopted in July 2015 and provided protection to workers, in particular the right to join trade unions, as well as a ban on degrading work.
The Constitution forbade any discrimination based on sex. The Institution, on that basis, as part of its investigative activities, acted to protect these articles in the Constitution. There were three women Commissioners leading issues of discrimination against women.
Discussion with Non-Governmental Organisations
Guyana
Society against Sexual Orientation Discrimination in Guyana said that lesbian, gay, bi-sexual and trans-sexual individuals faced discrimination, which had a profound impact on the right to work, health care, social protection, and housing of those individuals. Many discrimination cases were documented every year, however, existing redress mechanisms were not available. The organisation said that the State had failed to enact and implement legislation against discrimination, and recommended a number of measures.
An Expert asked whether discrimination also applied to same-sex unions, and whether couples were able to benefit from pensions.
Another Expert inquired whether Guyana had its own specific legal court system or it was borrowed from the Dutch, French or English.
Question was asked on the legislation on criminalization of manifestations of the rights of lesbian, gay, bi-sexual and trans-sexual individuals.
Society against Sexual Orientation Discrimination in Guyana responded that there was absolutely no recognition of same-sex couples. The laws in Guyana were British colonial laws. The laws stated were in the Constitution and penalized sexual intimacy between two males. There was no vision for the rights of the lesbian, gay, bi-sexual and trans-sexual individuals.
Iraq
Geneva International Centre for Justice said that for Iraqi citizens, the realization of economic, social and cultural rights remained a mere dream, when in reality they lacked access to water, electricity and food, and when millions continued to lose their homes due to sustained bombardment and militia attacks. Between 2003 and 2014, it was estimated that Iraq had acquired over 700 billion USD from oil revenues. Yet, Iraqi citizens had no new schools, no hospitals, no roads. Instead, Iraq witnessed unprecedented increases in illiteracy, infant mortality and the number of professionals fleeing the country. Cholera also claimed lives. Those responsible for the rampant government corruption had to be held accountable. The people demanded a new political system, based on a new Constitution, free from sectarian quotas and the interference of religious leaders. It was crucial that the international community acknowledge the suffering brought by war and occupation, and the continuing violations perpetrated by successive Iraqi governments and their affiliated militias. The organisation hoped the Committee would ask the Iraqi delegation about all these issues.
Save the Tigris and Iraqi Marshes Campaign was an advocacy campaign led by a coalition of civil society organizations from Iraq, Turkey, and Iran. They were part of an international effort to Save the World Heritage on the Tigris River from the impacts of the Illisu Dam, a hydroelectric project being constructed on the Tigris River by the Turkish Government. Iraq was failing to respond to the right to water of its citizens. Iraq was heavily dependent for its water supply on the Tigris and Euphrates rivers, both of which originated in Turkey. There was a lack of a comprehensive trans boundary water agreement with Iran.
Assyrian Universal Alliance Americas Chapter discussed the obligations of the Government of Iraq under the International Covenant on Economic, Social and Cultural Rights relating to the country’s indigenous Assyrian Christian population and other similarly situated minority communities. The heritage of Assyrian Christians, as one of the oldest Christian communities in the world, served as a justification for violent attacks by members of the so-called Islamic State and their affiliates. There had been 1.4 million Assyrian Christians before the 2003 invasion, while today their numbers were estimated as half that size. The Government should end policies resulting in the unlawful expropriation of Assyrian Christian properties.
An Expert asked whether the Assyrian Universal Alliance Americas Chapter enjoyed freedom of movement, opinion, and had the possibility to issue statements.
Another Expert asked whether there was discrimination specifically regarding the Assyrian Christians, or whether discrimination was the same towards other Christians.
Assyrian Universal Alliance Americas Chapter responded that Assyrian Christians faced cross-discrimination based on their religious, linguistic and ethnic differences. As religious minorities they faced the same type of discrimination as other Christians, such as Yezidis.
Morocco
Democratic Association of Women in Morocco stated that in spite of progress in terms of women’s rights in the Constitution, women remained discriminated against in terms of labour, health, access to property, domestic violence, and access to elective posts. Only 6,000 of the 31,000 seats had been received by women in the recent elections and there were no female representatives in the regional parliaments. There was a regressive nature in laws that were proposed. The Governmental Plan for Equality and Parity adopted in 2011 had to be better implemented through the adoption of the Optional Protocol, the withdrawal of explanatory notes of the Covenant, the implementation of the Constitution through the adoption of regular laws, and the setting up of relevant institutions to implement and monitor the Plan.
Advocates for Human Rights and Mobilising for Rights Associates said that in spite of all the recommendations, no law on women’s rights had yet been adopted in Morocco. Violations against women were frequent and not punished. There was a limited number of shelters. Sexual harassment in public areas was also not punished. Women victims of violence had serious difficulties to access health care and legal access. The marriage of minors and polygamy were high and growing. A specific law on violence against women was mandatory as was the establishment of an absolute minimum age for marriage.
International Human Rights Clinic, Cornell Law School said that the issue of self-determination in Western Sahara was a very important question. In its response to the list of questions, Morocco had said it would not allow the right to self-determination of those peoples. The Moroccan wall was the longest operational military wall in the world. The international community had found that the construction of the wall in Israel violated right to work, health, education and an adequate standard of living. The Moroccan wall had the same effects, yet the Committee had never commented on its existence. The organisation asked the Committee to also raise the question on how Morocco had violated the cultural and education rights of the Western Sahara people.
Western Sahara Resource Watch stated that it worked for the protection of rights of the peoples of Western Sahara through the protection of their resources. Saharawi people were the original inhabitants of that area, before Morocco had occupied that territory. The peoples of Western Sahara had been dispersed, but they were the ones who should manage their wealth, in accordance with the Covenant. The Committee had made no reference to the right of the Western Sahara people to their natural resources and to a self-governed territory.
Association of Victims of Grave Violations of Human Rights said that there was slander against human rights defenders in Morocco, bans on their authorizations to leave the territory, and their wages had been frozen. The freedom of association of the Saharawi people was violated. Four human rights organisations had taken legal action to have freedom of association, but had not been given that right. Hundreds of thousands of complaints had been lodged with the National Human Rights Institution and none had been followed-up. More than 90 supporters of the Western Sahara from abroad had been banned from entering the territory.
World Amazigh Congress informed that the Amazigh language had to be on the same footing as the Arabic language. The Constitution of 2011 still contained a number of contradictions, giving priority to certain religions. It dealt with the Amazigh peoples as a second-rate and not on an equal footing as the Arabic language. Amazigh names were still banned. With regard to the theft of indigenous lands, national courts had not yet provided justice for the inhabitants of the region.
Morocco International, speaking of the rights of the Saharawi people of Western Sahara, asked whether the special mechanisms of the Human Rights Council had an impact on the ground. Non-governmental organisations had run studies, but a more prominent investigation was needed for the Saharawi people.
An Expert ask for a clarification on the recommendation that there should be no sanctions for rape and that women should have the prerogative to lodge a complaint. Was an illicit relationship by a woman punishable? And could they be punished for rape?
Regarding gender equality and violence against women, another Expert asked for more detail on those laws. Could the organisations speak more on the law on violence against women? Was there already such a law or not?
An Expert inquired whether Treaty Body recommendations, Universal Periodic Reviews or Special Rapporteurs visits, had an effect on the Government of Morocco.
Advocates for Human Rights and Mobilising for Rights Associates said that it was difficult for girls to prove that they were victims of rape. That led to a situation that if they filed a complaint, a declaration could be made that they had extra-marital relations. Thus, the majority suffered in silence. Violence against women was legal, economic, and not just physical. In order to obtain justice, a woman had to lodge several complaints before several jurisdictions. If a law had a criminal and legal machinery in it, that would allow women to obtain justice and protection and shorten the procedure. Currently the law had no civil aspect and only criminal aspects.
Democratic Association of Women in Morocco responded that Article 19 had to be implemented. It was also very important to promulgate the law on parity and the fight against discrimination against women, as well as a law on elections, a law on family counsels, a law to eliminate polygamy, the marriage of minors, inheritance law, and to reform the Criminal Code and Criminal Procedure Code.
World Amazigh Congress informed that Morocco had not yet drawn any laws on the Amazigh language, which was a problem of political will.
For use of the information media; not an official record
ESC15/024E