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

The Committee on Economic, Social and Cultural Rights concluded its forty-first session today, after issuing its concluding observations and recommendations on the reports of Nicaragua, Sweden, Kenya, the Philippines and Angola, which it considered during the session. The Committee also issued concluding observations and recommendations on a document presented by the United Nations Interim Administration Mission in Kosovo on the situation in Kosovo.

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 to fourth periodic reports of Nicaragua, the Committee noted its satisfaction with the qualitative and other measures taken by the country to promote the enjoyment of economic, social and cultural rights, notably the adoption of the law on Equality of Rights in 2008. Of concern to the Committee were the reports of racial discrimination against indigenous people, particularly in the autonomous Atlantic region and by the numerous problems those people were facing. The Committee recommended that Nicaragua guarantee fully the right to education for indigenous people through inter alia ensuring that the education adequately addressed their specific needs.

With regard to the fifth periodic report of Sweden, the Committee appreciated the State party’s continuing efforts to comply with its obligations under the Covenant and the overall protection afforded to economic, social and cultural rights in Sweden. The Committee remained concerned that the Sami land rights had not yet been resolved and that this fact negatively affected their right to maintain and develop their traditional culture and way of life, particularly reindeer herding. Further, the increase in the number of children living in poverty in recent years and the extent of homelessness was of concern to the Committee, and it recommended that Sweden carry out an updated national survey in order to evaluate the magnitude of child poverty and homelessness and their root causes.

Following its review of Kenya’s initial report, the Committee welcomed the establishment in 2002 of the Kenya National Commission on Human Rights. The Committee regretted that, despite Kenya’s “zero tolerance” policy, corruption and patronage still adversely affected the realization of economic, social and cultural rights, and that there had been few prosecutions for corruption in Kenya. The Committee urged Kenya, among other things, to strengthen the enforcement of the Children Act and the Sexual Offences Act prohibiting child labour and sexual exploitation of children; and to adopt and effectively implement the draft National Policy on Child Labour 2002.

With regards to the document submitted by the United Nations Interim Administration Mission in Kosovo (UNMIK), the Committee noted with appreciation legislation promulgated by UNMIK to eliminate discrimination against disadvantaged and marginalized individuals and groups. The Committee was concerned that 20 to 30 per cent of the Roma, Ashkali and Egyptian communities were not registered as habitual residents or lacked personal documents such as birth and marriage certificates, in the absence of civil status registration, both of which were necessary to access employment, social security, housing, health care and education. The Committee recommended that UNMIK encourage the relevant Kosovo authorities to foster inter-cultural dialogue and tolerance through school education, community level projects and Kosovo-wide campaigns.

After reviewing the second to fourth periodic reports of the Philippines, the Committee noted with satisfaction that the Philippines had ratified, or acceded to, all United Nations core human rights treaties. The Committee remained concerned about the continued forced disappearances and extra-judicial killings of trade union activists, indigenous leaders and peasant activists advocating for the implementation of the agrarian reform and human rights defenders engaged in defending the economic, social and cultural rights of their communities, and in particular about the limited progress made by the Philippines in investigating cases of forced disappearances and extra-judicial killings and in prosecuting the perpetrators of these crimes.

Having considered the initial to third periodic reports of Angola, the Committee expressed its appreciation on the progress made by Angola to reach the Millennium Development Goals, in particular No. 2 related to achieving universal primary education, between 1999 and 2006. The Committee was concerned that the last census in Angola was carried out in 1972. It regretted the closure of the Office of the High Commissioner for Human Rights in the country in 2008, and urged Angola to strengthen its national capacities by cooperating with the Office of the High Commissioner for Human Rights.

During the session, the Committee progressed in the adoption of its guidelines for the preparation of the reports of the State parties. It discussed relations with United Nations organs and other treaty bodies, and methods of work. A general discussion was held on the draft general comment No. 20 on the right to non-discrimination. The Committee also discussed the topic of international trade and human rights, and adopted its annual report.

The next session of the Committee will be held from 4 to 22 May 2009, at which time the Committee will take up reports from Brazil, Cyprus, the United Kingdom, Australia and Cambodia.

Concluding Observations

Nicaragua

With regards to the second to fourth periodic reports of Nicaragua, the Committee noted its satisfaction with the qualitative and other measures taken by the country to promote the enjoyment of economic, social and cultural rights, notably the adoption of the law on Equality of Rights in 2008. The Committee also noted the measures taken concerning the fight against poverty, which was one of the pillars of the national policy, as shown by numerous programmes – including the programme Zero Hunger. The Committee also welcomed with satisfaction the creation of a secretariat, with the rank of Vice-Ministry, for indigenous and afro-descendant people.

The Committee however noted with concern that 82 per cent of the population, or more than 4.2 million persons, were living under the poverty line, and the Committee recommended that Nicaragua intensify its activities aimed at combating poverty in the country. Of concern to the Committee were the reports of racial discrimination against indigenous people, particularly in the autonomous Atlantic region, and the numerous problems those people were facing. The Committee recommended that Nicaragua guarantee fully the right to education for indigenous people through inter alia ensuring that the education adequately addressed their specific needs. Further, the Committee recommended that Nicaragua guarantee access to adequate health services for all indigenous people. Nicaragua was also urged by the Committee to conduct consultations with the indigenous peoples before the concession of any economic exploitation license of the lands on which they were living, and to guarantee that such exploitation did not harm the rights of indigenous peoples recognised under the Convention. Nicaragua should also pursue and finalize the delimitation, demarcation and granting of tenure of the lands of the Awas Tingni, and it should prevent and stop any illegal activities of third parties on their territory.

Among other things, the Committee was concerned over the persistence of discrimination against women in the political, social and economic sphere of Nicaraguan society; and the persistent violations of the right to work in the “maquilas”, where only 6 per cent of the female workers were unionised. The Committee recommended that Nicaragua take the necessary measures to successfully conduct work inspections in places where workers were not represented; and to take the necessary immediate actions to implement the law on the prohibition of sexual harassment in the workplace. Concerned by the fact that 80 per cent of the working population had no access to any type of social security, the Committee urged Nicaragua to intensify its efforts to increase measures on social security in order to provide coverage to all workers. The Committee was also concerned that the regions of the Pacific, the central region and the autonomous regions were confronted with, in the area of food security, a situation of extreme shortage and strong vulnerability. Nicaragua was recommended to review its legislation on abortion and to review the possibility of foreseen exceptions to the general ban on abortion, for cases of therapeutic abortion and for pregnancies resulting from rape or incest. The Committee also recommended that Nicaragua increase its efforts in the health sector. Further, the Committee deplored also the existence, in Nicaragua, of trafficking of women and children for sexual exploitation. It also recommended the State party take short and long-term measures to reduce illiteracy, particularly in the North-Atlantic autonomous region.
Nicaragua

Sweden

Having considered the fifth periodic report of Sweden, the Committee appreciated the State party’s continuing efforts to comply with its obligations under the Covenant and the overall protection afforded to economic, social and cultural rights in Sweden. It noted with satisfaction the adoption of comprehensive legislative framework, namely the Anti-Discrimination Act, which extended the current protection against discrimination in Sweden and entered into force in January 2009. It also welcomed the adoption of a second human rights national action plan for the period of 2006-2009; that the combined Ombudsman office complied with the Paris Principles; the steps taken to combat violence against women, in particular the adoption of an “action plan to combat men’s violence against women, violence and oppression in the name of honour and violence in same-sex relationships”; and Sweden’s commitment to the Global Compact. The Committee reiterated the acknowledgment expressed in its previous concluding observations that Sweden continued to allocate 0.7 per cent or more of its gross domestic product to development cooperation.

The Committee regretted the lack of information regarding court decisions which contained references to the provisions of the Covenant, and sufficient statistical data and detailed information concerning the practical results of various legislative and policy measures adopted by Sweden to assess fully the progress made, and the difficulties encountered in the implementation of the Covenant. It remained concerned that the Sami land rights had not yet been resolved and that this fact negatively affected their right to maintain and develop their traditional culture and way of life, particularly reindeer herding. It was also regrettable that Sweden had not yet ratified ILO Convention No. 169 concerning Indigenous and Tribal People. The Committee was deeply concerned about the persistent occurrence of discrimination on the basis of ethnicity, in particular against the Roma minority and “persons of foreign origin,” regarding access to employment and working life, education, access to public places, and in the criminal justice system. It was also concerned that despite the extensive legislative and administrative measures adopted by Sweden discrimination against persons with disabilities continued; and that the lack of accessibility to public places was not covered as a ground of discrimination in the new Anti-Discrimination Act.

The Committee called upon Sweden to continue strengthening its efforts to enhance equality between men and women in the workplace, in particular those initiatives aimed at implementing the principle of equal pay for work of equal value. The Committee noted with concern that although domestic violence against the spouse or partner could be prosecuted as a “gross violation of integrity,” the Penal Code did not contain a specific offence of domestic violence, and it recommended that Sweden enact specific legislation criminalizing acts of domestic violence. The Committee was also concerned about the increase in the number of children living in poverty in recent years and the extent of homelessness, and it recommended that Sweden carry out an updated national survey in order to evaluate the magnitude of child poverty and homelessness and their root causes. The Committee reiterated its recommendation that Sweden ensure that all children entitled to mother tongue education received it in practice, including by providing an adequate availability and accessibility of such teaching. It also recommended that immediate steps be taken to ensure the implementation of the laws which provided for access to education for “hidden children” (children of families of refugees or asylum-seekers whose request to stay in Sweden had been rejected).

Kenya

With regard to Kenya’s initial report, the Committee welcomed the establishment in 2002 of the Kenya National Commission on Human Rights in accordance with the Paris Principles relating to the Status of National Institutions. The Committee noted with appreciation the adoption of legislation to eliminate discrimination against disadvantaged and marginalized individuals and groups such as the Refugees Act 2006, which prohibited discrimination against refugees and asylum seekers, and the Persons with Disabilities Act 2003, which established a National Development Fund for Persons with Disabilities. The Committee welcomed the recent adoption of legislation designed to strengthen labour standards and trade union freedom, in particular, among others: the Employment Act 2007 which strengthened minimum terms and conditions of employment, prohibited forced labour and child labour, sexual harassment and discrimination and provided for 21 days annual leave and three months maternity leave; and the Labour Relations Act 2007 providing for freedom of association, recognition of trade unions, collective agreements and dispute resolution. The Committee also noted with appreciation the introduction of free compulsory primary education in 2003 and free secondary education in 2008 in Kenya.

The Committee was concerned that the Covenant rights had not been incorporated into the domestic law and therefore were not directly applicable in the courts of Kenya. The Committee regretted that, despite Kenya’s “zero tolerance” policy, corruption and patronage still adversely affected the realization of economic, social and cultural rights, and that there had been few prosecutions for corruption in Kenya. It was also concerned that only 1.8 million workers were employed in the formal sector, despite the fact that 2.4 million new jobs were created between 2004-2007; and that 6.4 million workers in the informal economy were not sufficiently covered by labour regulations and social security schemes, including pension rights and maternity protection, and that many persons remained unemployed, in particular women, persons with disabilities, refugees and internally displaced persons. Also of concern to the Committee were the reported delays in the registration of trade unions, de-registration on vague grounds, interference by officials in the management and operation of trade unions, and excessive restrictions on the right to strike. Further, it was recommended that Kenya take urgent measures to ensure the freedom to form and join trade unions, prevent interference in the management and operation of trade unions, and remove excessive restrictions on the right to strike in law and in practice.

The Committee urged Kenya, among other things, to strengthen the enforcement of the Children Act and the Sexual Offences Act prohibiting child labour and sexual exploitation of children; and to adopt and effectively implement the draft National Policy on Child Labour 2002. The Committee noted with concern that more than half of the population of Kenya lived in extreme poverty, and recommended among other things, that sufficient funds be allocated for the effective implementation of its National Poverty Eradication Plan and poverty reduction strategy, and that it specifically addressed the needs of persons living in rural and deprived urban areas. Kenya was urged to take immediate measures to ensure affordable access to adequate water and sanitation in informal settlements and arid or semi-arid rural areas. Further, the high maternal, infant and under-five mortality rates, remained a concern to the Committee, and it recommended that immediate measures be taken, among others, to ensure that all pregnant women, including poor women, older women and women with HIV/AIDS, had affordable access to skilled care during pregnancy, delivery, postpartum, postnatal periods, and to care of the newborn, including in remote rural areas; and that pregnant women with HIV/AIDS were not refused treatment.

The United Nations Interim Administration Mission in Kosovo

With regards to the document submitted by the United Nations Interim Administration Mission in Kosovo (UNMIK), the Committee welcomed the efforts to protect and promote economic, social and cultural rights undertaken by the Ombudsman Institution. It noted with appreciation legislation promulgated by UNMIK to eliminate discrimination against disadvantaged and marginalized individuals and groups, including the Anti-Discrimination Law 2004, which prohibited direct and indirect discrimination in the public and private spheres and provided special protection for minority communities, and the Gender Equality Law 2004, which defined a 40 per cent quota for the representation of women at all levels in executive, legislative and judicial bodies. Further, it appreciated that UNMIK, in cooperation with the Kosovo authorities, increasingly focused on the sustainability of returns of internally displaced persons and refugees.

The Committee was concerned that the Covenant had been omitted from the lists of directly applicable human rights treaties in the Constitutional Framework for Provisional Self-Government in Kosovo and in the “Constitution” adopted by the Kosovo Assembly in 2008. Also of concern, among others was that the Human Rights Advisory Panel established under UNMIK to examine complaints against UNMIK was physically located within the UNMIK Headquarters and that it has not adopted a single opinion on the merits of any of the cases pending before it, including cases relating to economic, social and cultural rights; the lack of enforcement in practice of the Anti-Discrimination Law 2004, the poor quality, especially of Serbian language versions, of administrative instructions for its implementation, and the lack of judgements based on the Law; that 20 to 30 per cent of the Roma, Ashkali and Egyptian communities were not registered as habitual residents or lacked personal documents such as birth and marriage certificates, in the absence of civil status registration, both of which were necessary to access employment, social security, housing, health care and education; the absence of a law on the rights of persons with disabilities in Kosovo; and that 30-40 per cent of Kosovars were unemployed, and that there were no specific measures to regularize the situation of persons working in the informal economy.

Among other things, the Committee recommended that UNMIK consider reviewing its regulations in order not to perpetuate the effects of forced migrations during and after the armed conflict in 1998-1999 on the ethnic composition of the workforce of former Socially Owned Enterprises; that UNMIK, in cooperation with the Kosovo authorities, ensure that members of non-Albanian communities enjoy equal access to war invalidity and survivor benefits, in law and in practice. It was also recommended that the police, prosecutors and judges receive mandatory training on the strict application of UNMIK regulation and other criminal law provisions against trafficking in persons; that sentencing policies were reviewed; and that the concept of “anti-social” children was immediately repealed and special protection provided, without discrimination, to all children who are victims of trafficking. Further, the population of Kosovo remained deeply divided along ethnic lines, and the Committee recommended that UNMIK encourage the relevant Kosovo authorities to foster inter-cultural dialogue and tolerance through school education, community level projects and Kosovo-wide campaigns.

The Philippines

With regards to the second to fourth periodic reports of the Philippines, among other things, the Committee noted with satisfaction that the Philippines had ratified, or acceded to, all United Nations core human rights treaties; and the adoption of several measures to prohibit all forms of discrimination against women and promote equality between men and women, including the Anti-Sexual Harassment Act 1995 and the Anti-Trafficking in Persons Act 2003. The Committee also noted with satisfaction the various legislative, administrative and policy measures adopted to recognise, protect and promote the individual and collective rights of the indigenous peoples living in the territory of the Philippines, including the Free and Prior Informed Consent Guidelines adopted in 2002, which emphasised the right of indigenous peoples to participate in decisions affecting them; the adoption of the Anti-Squatting Repeal Act 1997, which decriminalised squatting; and the legislative framework and institutional mechanisms established by the Philippines for the protection of the environment and the improvement of environmental and industrial hygiene.

The Committee remained concerned about the continued forced disappearances and extra-judicial killings of trade union activists, indigenous leaders, peasant activists advocating for the implementation of the agrarian reform and human rights defenders engaged in defending the economic, social and cultural rights of their communities, and in particular about the limited progress made by the Philippines in investigating cases of forced disappearances and extra-judicial killings and in prosecuting the perpetrators of these crimes. The Committee was also concerned that the Philippines had not made sufficient progress in reviewing and repealing discriminatory provisions against women still existing in national legislation; it regretted that the Marital Infidelity Bill, which sought to remove the discriminatory provisions in the Revised Criminal Code pertaining to “concubinage” and “adultery”, had not yet been adopted; that the interpretation of the provisions of the Code of Muslim Personal Laws of the Philippines permits polygamy and the marriage of girls under the age of 18, and that forced marriages were still tolerated. Moreover, the Committee was concerned that overseas Filipino workers continued to face discriminatory treatment and abuses in many countries of destination, and in particular women migrant workers, especially those employed as domestic workers, nurses and care-givers, who often became victims of psychological abuse, physical and sexual violence and slavery-like working conditions.

The Committee recommended that the Philippines strengthen the protection afforded by the Act Redefining Rape as a Crime against Person to women victims of marital rape by repealing the possibility that the criminal liability of the husband be extinguished by the subsequent forgiveness of the wife. The Committee urged the Philippines to intensify its efforts to combat child labour and protect children from all forms of sexual and economic exploitation, including the worst forms of child labour, inter alia through increased labour inspections; and that it organise mandatory training for law enforcement officials, prosecutors and judges, among others. The Committee was deeply concerned that, in spite of the high rate of economic growth achieved in recent years, the percentage of persons living below the official poverty line has actually increased to an estimated 36 per cent of the population in 2007, and it recommended that the Philippines allocate sufficient funds for the implementation of its poverty eradication strategy, and ensure the full integration of economic, social and cultural rights in the strategy. Further, the Philippines was urged as a matter of priority to ensure the effective implementation of the laws and regulations prohibiting illegal forced evictions and demolitions; to reinforce the mandate of the Presidential Commission for the Urban Poor “as the sole clearing house for the conduct of demolition and eviction”; and to ensure that persons forcibly evicted from their properties be provided with adequate compensation and/or offered relocation.

Angola

Having considered the initial to third periodic reports of Angola, the Committee expressed its appreciation of the ratification of the UN Convention against Corruption and the African Union Convention on Preventing and Combating Corruption, in 2006. The Committee welcomed the creation of the Ministry of the Family and Women in 1997. The Committee also appreciated the progress made by Angola to reach the Millennium Development Goals, in particular No. 2 related to achieving universal primary education, between 1999 and 2006. The Committee also took note of the programmes carried out by Angola to reintegrate internally displaced persons affected by the armed conflict, such as the programme for reintegrating displaced persons and the Angolan Refugee Repatriation Programme.

The Committee was concerned that the last census in Angola was carried out in 1972 and that, despite the existence of the National Statistics Institute and the Survey on Core Welfare Indicators carried out, that Angola did not provide updated disaggregated statistical data, which would contribute to the adoption of more accurate decisions in the field of domestic social, economic and cultural policies enabling the Committee to assess the implementation of the Covenant; and that Angola had not yet adopted strong and efficient measures to combat corruption and impunity. It regretted the lack of concrete information regarding the cases of politicians, civil servants, judges and other officials having been prosecuted and sanctioned for corruption. The Committee was also concerned that the mandate of the Provedor de Justica in Angola was very limited and that this institution appeared not to be an independent national human rights institution established in accordance with the Paris Principles of 1991; and that non governmental organizations involved in the realization of economic, social and cultural rights were allegedly still under strict oversight, coordination, evaluation and inspections, and that human rights defenders were still subjected to many legal and de facto restrictions, which constituted a serious obstacle to the promotion and protection of economic, social and cultural rights.

The Committee regretted the closure of the Office of the High Commissioner for Human Rights in the country in 2008, and urged Angola to strengthen its national capacities by cooperating with the Office of the High Commissioner for Human Rights; and to take all appropriate and effective measures, including the adoption of a global policy, to combat and eliminate discrimination against women, migrants, internally displaced persons, poor people, disabled people and persons affected with HIV/AIDS. Concerned that the social security system in place in Angola did not ensure access for all workers, the Committee recommended, among other things, that Angola should take immediate steps to incorporate non–contributory benefits for those who were unable to pay social security contributions and were therefore still not covered by social security. The Committee also urged Angola to take efficient measures aimed to eradicate the phenomenon of children being accused of witchcraft and to protect the victims. The Committee was profoundly concerned about the high incidence of acute malnutrition and chronic malnutrition in Angola, and recommended that the State party effectively implement and allocate sufficient resources to relevant programmes and funds to ensure physical and economic access for everyone, especially those from the most disadvantaged social groups, to the minimum essential food, which was sufficient, nutritionally adequate and safe, to ensure freedom from hunger. Further, the Committee urged Angola to adopt a Plan of Action to guarantee human conditions of life and health care to all psychiatric hospital patients and to all prisons’ inmates, according to the UN relevant standard minimum rules.

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), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Eibe Riedel (Germany), Andrzej Rzeplinski (Poland), Waleed M. Sadi (Jordan), Philippe Texier (France), Alvaro Tirado Mejia (Colombia), Barbara Elaine Wilson (Switzerland), Zhan Daode (China).

Mr. Texier is the Chairperson; Mr. Abdel-Moneim, Mr. Pillay and Mr. Sadi are the Vice Chairpersons; and Mr. Rzeplinski is the Rapporteur.

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