COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES FORTIETH SESSION
The Committee on Economic, Social and Cultural Rights concluded its fortieth session today, after adopting its concluding observations and recommendations on the reports of France, Benin, Bolivia and India, which it considered during the session. The Committee also adopted a statement on the current global food crisis.
The countries considered by the Committee are among the 155 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.
Having considered the second periodic report of France, the Committee acknowledged the efforts undertaken by the State party to combat social exclusion and guarantee equality of opportunities to persons belonging to vulnerable and disadvantaged groups in the field of employment, housing, health and access to cultural life. The Committee remained deeply concerned about the extent of homelessness in the State party and the high suicide rate existing in the State party, especially among persons aged between 15 and 44. The Committee encouraged the State party to strengthen its efforts to promote employment opportunities for young persons, especially those without professional qualifications and those living in “sensitive urban zones”, through specifically targeted measures.
With regard to the second periodic report of Benin, the Committee expressed its satisfaction with the legislative measures adopted by the Government for the promotion of equality between men and women and the suppression of the exploitation and sexual violence against women and children. The Committee noted with concern that 43 per cent of the population was suffering of chronic malnutrition. Concerned by the increasing number of people trafficked from and within Benin, for sexual exploitation and bonded labour, the Committee recommended that the State envisage the adoption of a law for the fight against human trafficking.
Following its review of Bolivia’s second periodic report, the Committee took note with satisfaction that Bolivia had given the Declaration on the Rights of Indigenous People legal status. The Committee was concerned, however, by the high number of children victims of physical and mental violence, as well as by the persistence of the exploitation of child workers, particularly indigenous children. The Committee recommended that Bolivia adopt a special intellectual property regime in order to protect the collective rights of indigenous people, including their traditional science, knowledge and medicine.
After reviewing the second to fifth reports of India, the Committee noted with appreciation the important contribution made by the Supreme Court of the State party to the development of international jurisprudence in favour of the justiciability of economic, social and cultural rights, through its proactive interpretations of the Constitution. The Committee noted with regret the position of the State party with regard to its legal obligations arising under the Covenant, specifically, that the realisation of the rights it contains are entirely progressive in nature and that the Covenant was not given its full effect in the legal system of the State party due to the absence of relevant domestic legislation. The Committee recommended that the State party reinforce its programmes designed to reduce unemployment.
The Committee also adopted a statement on the current global food crisis, stating that it was extremely alarmed at the rapid worldwide rise in food prices and the soaring energy prices that had precipitated a global food crisis and were adversely affecting the right to adequate food and freedom from hunger, as well as other human rights, of more than 100 million people. The Committee urged States to take urgent action, and urged States parties to address the structural causes at the national and international levels.
During the session, the Committee also progressed in the adoption of its guidelines for the preparation of the reports of the State parties. It discussed and approved the way in which it could treat the requests for the right of self-determination in a framework of an Optional Protocol. The Committee also discussed the topic of international trade and human rights. It decided to request authorization for a third annual session in the future.
The next session of the Committee will be held from 3 to 21 November 2008, at which time the Committee will take up reports from the Philippines, the United Nations Mission in Kosovo, Kenya, Nicaragua, Angola and Switzerland.
Concluding Observations
France
With regards to the second periodic report of France, the Committee acknowledged the efforts undertaken by the State party to combat social exclusion and guarantee equality of opportunities to persons belonging to vulnerable and disadvantaged groups in the field of employment, housing, health and access to cultural life. It welcomed the establishment of the Independent High Authority against Discrimination and in Favour of Equality and the creation of the social integration contract, aimed at facilitating access to employment opportunities for young persons without professional qualification and those living in “sensitive urban zones”. The Committee also welcomed the adoption of acts and frameworks for the prevention and punishment of conjugal violence and violence against children and to combat trafficking in persons and other forms of modern slavery. It welcomed the recognition of the immediate application of the right to adequate housing and the efforts made by the State party to prevent alcohol and tobacco abuse.
The Committee regretted that in 2007 the State party devoted only 0.39 percent of its gross domestic product (GDP) to official development assistance. It noted with concern that women belonging to racial, ethnic and national minorities who lived in “sensitive urban zones”, in particular single mothers, experienced multiple forms of discrimination and encountered difficulties in access to employment, social security and social services, housing, health and education and remained concerned about the high unemployment rates among women. The Committee noted with concern that de facto discrimination against persons belonging to racial, ethnic and national minorities continued to be widespread. The Committee remained concerned about the extent of poverty in the State party, as well as about the high number of persons living exclusively on social cash transfers. The Committee was deeply concerned that persons belonging to racial, ethnic and national minorities, especially migrant workers and persons of immigrant origin, were disproportionately concentrated in poor residential areas and remained concerned about the inadequate supply of social housing for low-income households. The Committee remained deeply concerned about the extent of homelessness in the State party and the high suicide rate existing in the State party, especially among persons aged between 15 and 44.
Among other things, the Committee recommended that the State party increase its official development assistance to 0.7 per cent of its GDP, as agreed by the Heads of State and Government at the International Conference on Financing for Development. The Committee recommended that the State party take all appropriate measures to combat all forms of discrimination against women belonging to racial, ethnic and national minorities who live in “sensitive urban zones”. The Committee encouraged the State party to strengthen its efforts to promote employment opportunities for young persons, especially those without professional qualifications and those living in “sensitive urban zones” through specifically targeted measures. The Committee recommended that the State party adopt specific legislation criminalising acts of domestic violence, strengthen its efforts to combat poverty and adopt all appropriate measures to reduce the significant disparities in terms of school performance between French pupils and pupils belonging to racial, ethnic or national minorities in the field of education.
Benin
Having considered the second periodic report of Benin, the Committee expressed its satisfaction with the legislative measures adopted by the Government for the promotion of equality between men and women and the suppression of the exploitation and sexual violence against women and children. It also welcomed the new law on prevention which was adopted 10 April 2006; the measures taken to control HIV/AIDS; several frameworks which foresee measures for the protection of vulnerable children and orphans; the reduction of the spread rate of HIV/AIDS, which was reduced from 4.1 per cent in 2001 to 2 per cent in 2005; as well as the free distribution of antiretroviral medicines for the victims. The Committee welcomed the free enrolment on the maternal and primary level in the public institutions of the State party.
The Committee was concerned that the Beninese Commission on Human Rights was given a status of a non-governmental organization and that its independence and finance were not sufficiently ensured. It regretted the absence of information on the direct applicability of the Covenant, and that the lack of statistical data did not allow for an exact evaluation of the dispositions and instruments implemented by the State party. The Committee was concerned that 25 per cent of Beninese children were not registered at birth, which hindered their access to health and education services. It was also concerned about the persistence of traditions and stereotype attitudes which had a negative effect on the equal enjoyment by women of economic, social and cultural rights. The Committee was deeply concerned by the cases of child murder and noted with concern that 43 per cent of the population was suffering of chronic malnutrition. It regretted that social housing for isolated and disfavoured people and families stayed insufficient, with the majority being reserved for employees of the public sector. The Committee was deeply concerned about the high maternal and infant mortality rates.
The Committee recommended that Benin reinforce the juridicial status of the Beninese Commission on Human Rights and ensure its independence and adequate financing, in according with the Paris Principles. The Committee invited Benin to envisage the amendment of the Code of Persons and the Family to guarantee equality between children born inside wedlock and children born outside wedlock.
It urged Benin to adopt rules expressively penalizing family violence and marital rape as crimes. Concerned by the increasing number of people trafficked from and within Benin, for sexual exploitation and bonded labour, the Committee recommended that the State envisage the adoption of a law for the fight against human trafficking. It recommended that the State party adopt effective measures to increase the rate of school enrolment on the primary and secondary level, in particular in rural zones and regarding girls, by increasing of the number of class rooms and enrolled students and financing school books and mid-day lunches. The Committee was profoundly concerned by the prevalence of child labour, notably the frequent abuse of children as domestic servants.
Bolivia
With regard to Bolivia’s second periodic report, the Committee noted with satisfaction the goodwill shown by the State party since 2006 to undertake changes aimed at guaranteeing to every citizen the rights enshrined in the Covenant, without discrimination. It also noted with satisfaction that the new draft Constitution, approved by the National Assembly, integrated all the rights contained in the Covenant, and that Bolivia had accorded the Declaration on the rights of indigenous people legal status. Bolivia's efforts to protect the environment were also noted.
The Committee was concerned, however, that many of the recommendations it had made to Bolivia in 2001 have not been taken into account. The Committee deplored once again the extremely unequal distribution of wealth in Bolivia. Further, the minimum salary was still insufficient to allow workers and their families to enjoy a dignified living standard. The Committee was further concerned by the high number of children victims of physical and mental violence, as well as by the persistence of the exploitation of child workers, particularly indigenous children.
The Committee recommended that Bolivia take the necessary measures to reduce extreme poverty and that it redouble its efforts to eliminate child labour in all sectors, particularly the domestic services sector. Bolivia was also strongly urged to pursue efforts aimed at the demarcation and rehabilitation of indigenous peoples' ancestral land and territories. The Committee also recommended that Bolivia adopt a special intellectual property regime, in order to protect the collective rights of indigenous people, including
India
With regards to the second to fifth periodic reports of India, the Committee noted with satisfaction the legislative and other measures adopted by the State party to promote the enjoyment of economic, social and cultural rights. The Committee welcomed the ratification, by the State party, of the Convention on the Rights of Persons with Disabilities, in 2007; the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, in 2005; and the ILO Convention No. 105 on Abolition of Forced Labour, in 2000. The Committee noted with appreciation the important contribution made by the Supreme Court of the State party to the development of international jurisprudence in favour of the justiciability of economic, social and cultural rights, through its proactive interpretations of the Constitution.
The Committee noted with regret the position of the State party with regard to its legal obligations arising under the Covenant and that the Covenant was not given its full effect in the legal system of the State party due to the absence of relevant domestic legislation. It was deeply concerned that widespread and often socially accepted discrimination, harassment and/or violence persisted against members of certain disadvantaged and marginalized groups and the obstacles faced by the victims in accessing justice. It was deeply concerned that widespread gender inequalities, cultural stereotypes and personal laws of minority groups continued to prevail. It also noted with concern the prevalence of bonded labour and the high and increasing rate of unemployment and underemployment. The Committee was deeply concerned about the lack of progress achieved by the State party in eliminating traditional practices and provisions of personal status laws that were harmful and discriminatory to women and girls, as well as that high levels of poverty as well as serious food insecurity and shortages persisted in the country and that the extreme hardship being experienced by farmers had led to an increasing incidence of suicides by farmers over the past decade.
The Committee urged the State party to review its position regarding its legal obligations arising under the Covenant. The Committee recommended that the State strengthen enforcement of existing legal prohibitions of discrimination. It stressed the need for a determined enforcement of the criminal justice system and recommended that the State party undertake and enforce effectively measures to ensure equal treatment between men and women in the labour market. It also recommended that the State party enact a law that criminalised trafficking in persons and commercial sexual exploitation of women and children and reinforce its programmes designed to reduce unemployment. It urged India to take all necessary measures to address the extreme poverty among small-holding farmers and to increase agricultural productivity as a matter of priority as well as to address the acute shortage of affordable housing. The Committee recommended that the State party significantly increase its healthcare expenditure and urged it to continue to make determined efforts to achieve universal primary education, compulsory and free of charge.
Statement of the Committee on Economic, Social and Cultural Rights on the Food Crisis
The Committee adopted a statement on the current food crisis. The Committee said it was extremely alarmed at the rapid worldwide rise in food prices and the soaring energy prices that had precipitated a global food crisis and were adversely affecting the right to adequate food and freedom from hunger, as well as other human rights, of more than 100 million people. It called upon all States to revisit their obligations under Article 25 of the Universal Declaration of Human Rights and Article 11 of the International Covenant in Economic, Social and Cultural Rights. All States parties were obliged to ensure for everyone physical and economic access to the minimum essential food, which was sufficient, nutritionally adequate and safe, to ensure freedom from hunger. The current food crisis represented a failure to meet the obligation to ensure an equitable distribution of world food supplies in relation to need. The food crisis also reflected failure of national and international policies to ensure physical and economic access to food for all.
The Committee urged States to take urgent action, including by taking immediate action, individually and through international assistance, to ensure freedom from hunger through, inter alia, the provision and distribution of emergency humanitarian aid without discrimination; where food aid was provided, care should be taken to ensure that food did not become a disincentive for local production; limiting the rapid rise in food prices by, inter alia, encouraging the production of local staple food for local consumption; and establishing an international mechanism of coordination to oversee and coordinate responses to the food crisis. The Committee also urged States parties to address the structural causes at the national and international levels, including by revising the global trade regime under WTO; implementing strategies to combat climate change that do not negatively affect the right to adequate food and freedom from hunger; investing in small-scale agriculture, small-scale irrigation and other appropriate technologies; applying and strengthening human rights principles by undertaking ex ante impact assessment of financial, trade and development policies; and applying and reinforcing the FAO’s “Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security” in the light of the present food crisis.
Committee on Economic, Social and Cultural Rights
The Committee is composed of the following experts: Mohamed Ezzeldin Abdel-Moneim (Egypt), Clement Atangana (Cameroon), Rocio Barahona-Riera (Costa Rica), Virginia Bonoan-Dandan ( Philippines), Maria Virginia Bras Gomez ( Portugal), Chandrashekhar Dasgupta (India), Azzouz Kerdoun ( Algeria), Yuri Kolosov ( Russian Federation), Jaime Marchan Romero ( Ecuador), Sergej Martynov ( Belarus), Arirange Govindasamy Pillay ( Mauritius), Eibe Riedel ( Germany), Andrzej Rzeplisky (Poland), Waleed M. Sadi ( Jordan), Philippe Texier ( France), Alvaro Tirado Meija(Colombia), Barbara Elaine Wilson (Switzerland), Zhan Daode ( China)
Mr. Texier is the Chairperson; Ms. Barahona Riera, Mr. Pillay and Mr. Sa'di are the Vice Chairpersons; and Mr. Rzeplinski is the Rapporteur.
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