COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-FOURTH SESSION
The Committee on Economic, Social and Cultural Rights concluded today its three-week spring session by adopting its concluding observations on the reports of Zambia, China, Serbia and Montenegro and Norway which were considered during the session.
The four countries are among the 151 States parties to the International Covenant on Economic, Social and Cultural Rights which are required to submit periodic reports to the Committee on efforts to implement the provisions of the treaty, which entered into force in 1976.
With regard to the initial report of Zambia, the Committee noted the establishment of a Constitutional Review Commission in August 2003, which would enhance a better implementation of economic, social and cultural rights. It expressed its concern about the large number of widows and orphans, a situation further exacerbated by the HIV/AIDS pandemic, the large number of street children, the persistent widespread problem of child labour and the extreme poverty in the State which had negatively affected the enjoyment of economic, social and cultural rights. Among other things, it recommended that the State party undertake all necessary measures to guarantee an adequate standard of living, including through the provision of social safety nets to the most disadvantaged and marginalized groups and to intensify its efforts to control the spread of HIV/AIDS.
Among the positive developments in the initial report of China, the Committee noted with appreciation the measures adopted by the State party for the prevention and treatment of HIV/AIDS and welcomed the adoption of the Framework for Education Development into 2020, a strategic plan for the reform and development of the education sector in the State party. It urged the State party to ensure that its asylum procedures did not discriminate, in purpose or in effect, against asylum seekers and recommended that the State party reinforce its programmes designed to reduce unemployment. Among other things, it urged the State party to amend the Trade Union Act to allow workers to form independent trade unions outside the structure of the All China Federation of Trade Unions and called upon the State party to provide detailed information on the situation in the ethnic minority regions of Xinjiang Uighur Autonomous Region and the Tibet Autonomous Region.
With regard to the Special Administrative Region of Hong Kong, the Committee welcomed the information that the age of criminal responsibility had been raised and noted with appreciation the establishment of a Commission on Poverty to devise in this connection future strategies to combat poverty. It strongly urged the Special Administrative Region of Hong Kong to extend the protection afforded by the proposed racial discrimination law to internal migrants from the Mainland, and to put a stop to the widespread discriminatory practices against them on the basis of their origin. The Committee also urged the State party to ensure respect for the necessary procedural safeguards when deporting victims of trafficking in persons.
Concerning the Macao Special Administrative Region, the Committee welcomed its assurance that the Covenant may be directly invoked before domestic courts in the region, and that there had been specific decisions of domestic courts where reference had been made to the Covenant and its provisions. Among other things, it recommended that the Macao Special Administrative Region take effective measures to ensure that all workers were entitled to adequate social security benefits, including migrant workers, and that it strengthen efforts to provide free compulsory education to all school-aged children, including the children of migrant workers.
With regards to the initial report of Serbia and Montenegro, the Committee noted with appreciation, among other things, the considerable legislative and policy reforms which had been adopted in the State party. The Committee was deeply concerned about the high numbers of trafficked women and children for purposes of sexual exploitation and forced labour, as well as about reported incidents of police involvement. Among its recommendations, the Committee called on the State party to adopt specific anti-discrimination framework legislation and to increase awareness about international anti-discrimination standards among judges and other members of the legal profession.
And on the fourth periodic report of Norway, the Committee welcomed, among other things, the importance attached to human rights in the State party's Action Plan for Combating Poverty in the South towards 2015 and the adoption on 26 April 2005 of the Act prohibiting ethnic and religious discrimination. Despite the assistance provided through the State Housing Bank, the Committee was particularly concerned that the number of social housing units for low-income individuals and families was far from adequate and that rejected asylum-seekers who could not be sent home to their countries of origin were not offered accommodation in reception centres after the deadline set for departure. Among other things, it recommended that the State party strengthen measures to combat discrimination against persons with immigrant background and ensure the effective monitoring of anti-discrimination legislation.
During the session, the Committee adopted its General Comment number 16 on article 3 of the Covenant which addresses the equal rights of men and women. In this connection, Committee members expressed their thanks to the non-governmental organizations and members of civil society who contributed to the drafting of the General Comment.
Also during the session, the Committee held a public meeting with representatives of non-governmental organizations with respect to the reports it reviewed at this session. It also met with States parties to discuss the Optional Protocol to the Covenant and held a joint meeting with the United Nations Educational, Scientific and Cultural Organization.
The next session of the Committee will take place from 7 to 25 November 2005 in Geneva during which the Committee is expected to consider reports from Slovenia, Austria, Uzbekistan, Monaco and Libya.
Concluding Observations on the Initial Report of Zambia
With regard to the initial report of Zambia, the Committee noted the establishment of a Constitutional Review Commission in August 2003, which would enhance a better implementation of economic, social and cultural rights, and the adoption of the Employment of Young Persons and Children’s Act in 2004. The Committee also welcomed the establishment of the Sex Crimes Unit in the Zambia Police Services in 2003 which deals with cases of sexual violence, spouse battery and sexual abuse and the existence of the Pilot Project of Cash Transfers resourced by international assistance to promote a safety net to move poor households which were not able to engage in labour-based projects or programmes, out of extreme poverty. Moreover, the Committee noted with appreciation the State's policy of allowing pregnant girls to continue in the mainstream education.
The Committee noted that the prevalence of Customary Law, certain traditions, customs and cultural practices, led to substantial discrimination against girls and women, and was concerned that an article of the current Constitution of the State party provided for exclusions and exceptions to the prohibition against discrimination, including with respect to adoption, marriage, divorce, burial, devolution of property on death, and other matters of personal law and to the application of customary law. The Committee also expressed its concern about the high level of unemployment and the absence of details concerning national and local employment programmes or other clear strategies to address this problem and that the current minimum wage was not sufficient to provide an adequate standard of living for workers and their families. The Committee was further concerned that comprehensive social protection was not available to the vast majority of the population, in particular low-income workers, workers over 55 years of age and workers employed in the informal sector.
The Committee also expressed its concern about the large number of widows and orphans, a situation further exacerbated by the HIV/AIDS pandemic and about the large number of street children, especially in the capital Lusaka, who were particularly exposed to physical and sexual abuse, prostitution and to a high risk of being infected with HIV/AIDS. Moreover, the Committee expressed its concern about the persistent widespread problem of child labour and about the extreme poverty in the State which had negatively affected the enjoyment of economic, social and cultural rights. The Committee was also concerned that customary land, which represented over 80 per cent of all land, was traditionally inherited by the man's family in accordance with rules of male primogeniture, and to the detriment of widows and especially girl children and about the high incidence of child-headed households, a phenomenon that was linked to the pandemic of HIV/AIDS and which negatively impacted on children's access to education.
The Committee strongly recommended that the State party adopt effective measures to ensure equality between men and women in all fields of life; urged the State party to undertake and implement employment action plans which could gradually reduce the employment in the formal sector; recommended that the State party take adequate measures to address the difficulties faced by widows and orphans, and in particular to eliminate harmful traditional practices; and strongly urged the State party to strengthen its legislative or other measures, and to improve its monitoring mechanisms so as to address effectively the persistent problem of child labour, particularly in small-scale mining operations and stone crushing. The Committee further recommended that the State party undertake all necessary measures to guarantee an adequate standard of living, including through the provision of social safety nets to the most disadvantaged and marginalized groups; that the State party intensify its efforts to control the spread of HIV/AIDS, among other things, by strengthening the policy of both providing and encouraging the use of condoms; that the State party provide adequate health care for people suffering from HIV/AIDS, taking into account the particular needs of widows and orphaned children; and recommended that the State party strengthen its National Strategic Plan to ensure that its objective of providing 9 years of free and compulsory basic education by 2015 will be reached.
Concluding Observations on the Initial Report of China
Among the positive developments in the initial report of China, the Committee welcomed the promulgation by the State Council of Rules on Supervision of Labour Security and its amended Regulations on Collective Contracts and Regulations on Minimum Wages and the increase in 2004 of basic retirement benefits for retirees of state-owned enterprises throughout the country. The Committee also welcomed the establishment of a new social security system based on contributions from employers and employees and of a new pension system in which employers and employees contributed to a communal pension fund and to individual pension accounts. Furthermore, the Committee welcomed the adoption of the China Rural Communities Poverty Relief Programme (2001-2010) and the State Council's Directive of 2004 to safeguard farmers' rights and interests. The Committee noted with appreciation the measures adopted by the State party for the prevention and treatment of HIV/AIDS, including the establishment of the National Committee on HIV/AIDS as part of the Directive on Effective Strengthening of the Prevention and Treatment of AIDS, and welcomed the adoption of the Framework for Education Development into 2020, a strategic plan for the reform and development of the education sector in the State party.
The Committee recommended, among other things, that the State party adopt a National Human Rights Plan of Action, and that it report back in its next periodic report on how the plan promoted and protected economic, social and cultural rights in the State party, and called upon the State party to undertake necessary measures to ensure that all persons under its jurisdiction enjoy the economic, social and cultural rights enshrined in the Covenant without discrimination. In addition, the Committee urged the State party to ensure that its asylum procedures did not discriminate, in purpose or in effect, against asylum seekers on the basis of race, colour or ethnic or national origin, as provided for under the Covenant. The Committee called upon the State party to implement its decision to dismantle the hukou system of national household registration and to ensure that in any system that replaced it, internal migrants would be able to enjoy the same work, social security, housing, health and education benefits enjoyed by those in the urban areas. The Committee also recommended that the State party adopt effective measures to ensure equal opportunities for persons with disabilities, especially in the fields of work, social security, education and health, to provide for more appropriate living conditions for persons with disabilities and to allocate adequate resources for improving the treatment of, and care for, persons with disabilities.
The Committee recommended that the State party reinforce its programmes designed to reduce unemployment and in this regard, to target on a priority basis the most affected groups and regions. It also recommended that the State party abolish the use of forced labour as a corrective measure, and to amend or repeal the relevant provisions of its legislation to bring them into line with the provisions of Article 6 of the Covenant. In this connection, the Committee recommended that the State party consider ratifying ILO Convention No.29 on forced labour. Moreover, the Committee urged the State party, as a matter of priority, to strengthen its efforts to effectively enforce its legislation prohibiting unlawful employment of children. It further recommended that the State party ensure the right to decent work and urged it to continue to take necessary measures to ensure that the minimum wage enables workers and their families to enjoy an adequate standard of living. The Committee also urged the State party to amend the Trade Union Act to allow workers to form independent trade unions outside the structure of the All China Federation of Trade Unions.
The Committee strongly recommended that the State party take immediate measures through, among other things, allocation of increased resources for the protection of economic, social and cultural rights of persons living in disadvantaged areas and recommended that the State party take immediate measures to enforce laws and regulations to prohibiting forced evictions. The Committee urged the State party to undertake effective measures to ensure that abortions were carried out voluntarily and under adequate medical and sanitary conditions and to ensure that the existing legislation governing the one-child policy does not violate the rights enshrined in Article 10 of the Covenant. In line with its General Comments No. 11 and 13 on the right to education, the Committee further called upon the State party to take effective measures to ensure that all children, including migrant children and ethnic minority children, had access to free compulsory primary education. Moreover, while expressing its concern abut reports from sources other than the State party relating to the right to free exercise of religion, the right to take part in cultural life, and the use and teaching of minority languages, history and culture in the Xinjiang Uighur Autonomous Region and the Tibet Autonomous Region, the Committee called upon the State party to provide detailed information in the situation of those two ethnic minority regions.
Special Administrative Region of Hong Kong
With regard to the Special Administrative Region of Hong Kong, the Committee welcomed the information that the age of criminal responsibility had been raised and noted with appreciation the establishment of a Commission on Poverty to devise in this connection future strategies to combat poverty. The Committee welcomed the establishment of the Sexual Minorities Forum, and the extensive efforts taken by the Special Administrative Region of Hong Kong, including sensitization campaigns, to combat prejudices and discrimination against persons with physical and mental disabilities. The Committee also welcomed the enactment in 2002 of the Marital Rape Ordinance and the enactment in 2003 of the Law on Prevention of Child Pornography.
The Committee strongly urged the Special Administrative Region of Hong Kong to extend the protection afforded by the proposed racial discrimination law to internal migrants from the Mainland, and to put a stop to the widespread discriminatory practices against them on the basis of their origin. It further recommended to the Special Administrative Region of Hong Kong that the relevant provisions of the existing immigration legislation governing entry into, period of stay, and departure from, the region were amended to ensure full conformity and consistency with the new racial discrimination legislation. The Committee urged the State party to review the existing "two-week rule", with a view to eliminating discriminatory practices and abuse arising from it, and to improving the legal protection and benefits for foreign domestic workers so that they were in line with those afforded to local workers, particularly with regard to wages and retirement benefits.
The Committee urged the State party to ensure respect for the necessary procedural safeguards when deporting victims of trafficking in persons, particularly when such victims were minors, and to provide them with the necessary medical, psychological and legal support. It also urged the Special Administrative Region of Hong Kong to strengthen its efforts to combat poverty and social exclusion, in particular with regard to the disadvantaged and marginalize groups, and older persons; to continue its efforts to improve its health services; and to amend its legislation to provide for the right to education of all school-aged children in its jurisdiction, including children of migrants without the legal right to remain in the Special Administrative Region of Hong Kong.
Macao Special Administrative Region
With regard to the Macao Special Administrative Region, the Committee welcomed its assurance that the Covenant may be directly invoked before domestic courts in the region, and that there had been specific decisions of domestic courts where reference had been made to the Covenant and its provisions. The Committee also welcomed the Macao Special Administrative Region's assurance that the Office of the Ombudsman had the mandate to receive complaints on violations of economic, social and cultural rights; commended it for the establishment of a special unit within the Social Welfare Institute offering assistance to victims of domestic violence; and welcomed the planned enactment of legislation to protect the rights of children specifically aimed at protecting their rights and interests.
The Committee recommended that the Macao Special Administrative Region establish a state institution responsible for the promotion and protection of gender equality, and engage in sensitisation campaigns to raise awareness on gender equality, particularly in employment and to take immediate measures to enable workers in the private sector their right to maternity leave, without placing limitations on the number of births, and ensure that male workers in the private sector were granted the right to five days of paternity leave, as in the public sector. It also urged the Macao Special Administrative Region to consider enacting legislation to criminalize sexual harassment in the workplace. The Committee further recommended that the region take effective measures to promote the integration of people with disabilities into the labour market.
The Committee called upon the Macao Special Administrative Region to intensify its efforts to combat domestic violence and recommended that it make concerted efforts to combat the phenomenon of trafficking in persons. Among other things, it recommended that the region take effective measures to ensure that all workers were entitled to adequate social security benefits, including migrant workers; that the Macao Special Administrative Region strengthen its efforts to provide free compulsory education to all school-aged children, including the children of migrant workers; and encouraged it to ensure that human rights education was provided in schools at all levels and to raise awareness about human rights, in particular economic, social and cultural rights, among state officials and the judiciary.
Concluding Observations on the Initial Report of Serbia and Montenegro
Concerning the initial report of Serbia and Montenegro, the Committee noted with appreciation that the Covenant took precedence over the law of Serbia and Montenegro and that of the Republics, and that the Charter of Human and Minority Rights and Civil Liberties protected many economic, social and cultural rights, including special rights of members of national minorities. It welcomed the establishment of Ombudsperson institutions in the Republic of Montenegro and in the autonomous province of Vojvodina, as well as the current process of adoption of a law on the Ombudsperson of Serbia. It also noted with appreciation the considerable legislative and policy reforms, which had been adopted in the State party.
Among the factors and difficulties impeding the implementation of the Covenant, the Committee recalled that Serbia and Montenegro was undergoing a process of economic and institutional transition and that it was still suffering from the effects of territorial disintegration and armed conflicts throughout the 1990s. It took note of the State party’s explanation about its inability to report on measures adopted and progress made in achieving the observance of the rights recognized in the Covenant with regard to the province of Kosovo and Metohija, where civil authority was exercised by the United Nations Interim Administration Mission in Kosovo (UNMIK). The Committee requested the State party, in cooperation with and assistance from UNMIK and local civil authorities in Kosovo, to submit additional information with regard to the implementation of the Covenant in Kosovo by 30 June 2006.
The Committee regretted that there was no systematic and comprehensive anti-discrimination legislation in the State party; expressed deep concern about reported incidents of inter-ethnic violence and racially motivated acts against ethnic minorities such as the Roma; and expressed its deep concern about the uncertain residence status and the limited access by refugees, returnees from third countries and internally displaced persons, including internally displaced Roma. The Committee noted with concern that only a small number of workers were unionized in the private sector and that the registration of trade unions was subject to strict requirements, including authorization by the Minister of the Interior, who had the power to dissolve trade unions.
The Committee expressed its deep concern about the high incidence of domestic violence, often resulting from psychological distress caused by unemployment and traumatic disorders related to armed conflict. It was also deeply concerned about the high numbers of trafficked women and children for purposes of sexual exploitation and forced labour, as well as about reported incidents of police involvement. It was concerned about the extent of poverty among older persons and about the fact that home care was still insufficiently developed; about the limited access to primary health care in rural areas; and the high rates of tobacco consumption and of cardiovascular diseases.
Among its recommendations, the Committee called on the State party to adopt specific anti-discrimination framework legislation and to increase awareness about international anti-discrimination standards among judges and other members of the legal profession. It recommended, among other things, that the State party ensure adequate participation of Roma representatives in the implementation of the Plans of Action adopted or envisaged by both Republics with regard to non-discrimination, gender equality, employment, social protection, housing, health and education of Roma, and to allocate sufficient funds to those and other relevant programmes; to intensify its efforts to reduce the unemployment rate; to increase unemployment benefit coverage; to ensure the protection of minors against economic and social exploitation and to take all necessary measures to combat and punish employment of children below the age of 15; to ensure that adequate alternative housing was provided whenever forced evictions take place; to intensify its anti-smoking and healthy diet campaigns; and to take effective measures to promote school attendance by Roma children and children belonging to other minority groups, as well as refugee and internally displaced children.
Concluding Observations on the Fourth Periodic Report of Norway
On the fourth periodic report of Norway, the Committee appreciated the State party's commitment to international cooperation as reflected in the volume of official development assistance standing at 0.92 percent of the gross national income. The Committee also welcomed the importance attached to human rights in the State party's Action Plan for Combating Poverty in the South towards 2015. Among other things, the Committee welcomed the adoption on 26 April 2005 of the Act prohibiting ethnic and religious discrimination; welcomed the policies and measures adopted to strengthen the protection of economic, social and cultural rights, including within the framework of the 2002 Plan of Action for Combating Poverty and the National Plan of Action to Combat Racial Discrimination (2002-2006); and noted with appreciation the submission to Parliament, on 1 October 2004, of a new white paper on Norway as a multicultural society, which includes people with various backgrounds, ethnicities, religions, cultures, languages and ways of life. It further welcomed the National Plan of Action against Trafficking (2003-2005) and the introduction of a specific penal provision on trafficking in human beings, which entered into force in July 2003.
The Committee was concerned about problems faced by persons with immigrant background, in particular women, in accessing the labour market and noted the limited effect of measures taken so far by the State party to increase the participation of immigrants in the labour market. The Committee expressed its concern at the high number of children who were removed from their families and placed in institutions or foster homes in the State party and that domestic violence was still a widespread problem in the State party and noted the lack of specific legislation concerning domestic violence. It further expressed its concern that the subsistence requirement imposed an undue constraint on the ability of some foreigners, including those who had been granted a residence permit on humanitarian grounds, to be reunited with their closest family. The Committee also noted concern that Norway was a destination for trafficking in women for the purpose of sexual exploitation and the increasing number of evictions carried out in the State party, especially in Oslo, mainly as a consequence of unpaid rent.
The Committee was concerned that the disadvantaged and marginalized groups in society were particularly affected by the privatisation of municipal social housing and rising housing prices. Despite the assistance provided through the State Housing Bank, the Committee was particularly concerned that the number of social housing units for low-income individuals and families was far from adequate. The Committee was concerned that rejected asylum-seekers who could not be sent home to their countries of origin were not offered accommodation in reception centres after the deadline set for departure. It was also concerned about information received that many asylum-seeking children who suffered from trauma and illness were not afforded adequate assistance and about the restrictions placed on the access to education of asylum seekers, as asylum-seeking children only had access to free primary and lower secondary education and asylum seekers over the age of 18 were not offered courses in Norwegian.
The Committee urged the State party to ensure that all the provisions of the Covenant were given effect to by its domestic courts and urged it to ensure that the Finnmark Act, which was currently being considered by Parliament, gave due regard to the rights of the Sami people to participate in the management and control of natural resources in the county of Finnmark. It recommended, among other things, that the State party strengthen measures to combat discrimination against persons with immigrant background and ensure the effective monitoring of anti-discrimination legislation. It encouraged the State party to address the situation of children who were removed from their families and placed in institutions or foster homes and to take measures to identify and address the underlying causes. The Committee also urged the State party to continue and strengthen its efforts to address the problems of trafficking in persons and commercial sexual exploitation and urged the State party to strengthen measures to deal with the problem of homelessness and to ensure that rejected asylum seekers who cannot be sent home to their countries of origin be offered alternative accommodation. It recommended that the State party ensure that every decision to detain a person with a mental disorder for compulsory psychiatric treatment should be reviewed promptly by an independent judicial body.
Committee on Economic, Social and Cultural Rights
The Committee is composed of the following Experts: Mohamed Ezzeldin Adel-Moneim (Egypt), Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Azzouz Kerdoun (Algeria), Yuri Kolosov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Eibe Riedel (Germany), Andrzej Rzeplinski (Poland), Walid M. Sa'di (Jordan), Philippe Texier (France), Alvaro Tirado Mejia (Colombia), and Shen Yongxiang (China).
Ms. Bonoan-Dandan is Chairperson. Vice-Chairpersons are Ms. Barahona Riera, Mr. Riedel and Mr. Kerdoun. The Rapporteur is Mr. Kolosov.
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