COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-SEVENTH SESSION
Press Release
As regards the initial report of the Former Yugoslav Republic of Macedonia, the Committee noted with satisfaction the recent adoption of an Electoral Law introducing a quota system requiring one-third representation of women in Parliament. The Committee was concerned about the exceptionally high unemployment rate in the State party, in particular among women, Roma and other minorities and persons with disabilities. Among other things, the urged the State party to enact a specific law criminalizing domestic violence; intensify its efforts to combat trafficking in persons, especially women and girls; take all necessary measures to combat the phenomenon of street children and to protect their families; intensify its efforts to educate children and adolescents on sexual and reproductive health and to enhance the accessibility of sexual and reproductive health services; ensure free primary education for all children and gradually reduce the costs of secondary education; and end the practice of segregating Roma and other minority and refugee children in separate schools.
Among positive developments in the initial report of Albania, the Committee noted with satisfaction that the Covenant had been incorporated into domestic law and could be invoked in the country’s courts. It also noted with satisfaction the enactment of a law aimed at strengthening the authority of the People’s Advocate (the Ombudsman), in May 2005. The Committee was deeply concerned that the State party had not been able to effectively address the widespread and serious problem of corruption and preferential treatment based on family ties within all areas of government and public administration. Among its recommendations, the Committee urged the State party to ensure the justiciability of the Covenant rights in domestic courts and urged Albania to eliminate the practice of “vendetta” killings; to strengthen its measures to combat trafficking in persons; to improve its health services; and to take effective measures to increase school attendance by Roma children.
The next session of the Committee will take place from 30 April to 18 May 2007, at which time the Committee will take up reports from five counties, whose names have not yet been released.
CONCLUDING OBSERVATIONS
Concluding Observations on the Netherlands
In the third periodic report of the Netherlands, the Committee noted with satisfaction the low unemployment rate in the State party, and the fact that the minimum wage complies with the requirement of article 7 of the Covenant; the policy and legislative initiatives taken by the State party to encourage older people to remain active in the labour market; the information provided by the delegation that secondary school fees had been abolished, meaning that now both primary and secondary education was free. It also welcomed the fact that the State party took a human rights based approach to its development cooperation policy and did so in close cooperation with UN institutions, international organizations, and non-governmental organizations. The Committee noted with satisfaction that the State party allocated 0.8 per cent of its GDP to its development cooperation policy, which was more than the percentage (0.7 per cent) set by the United Nations for official development assistance.
The Committee was concerned that the courts in the State party applied the provisions of the Covenant only to the extent that they considered that those were directly applicable and that most provisions of the Covenant could not be applied directly. The Committee was concerned, among other things, at the rise in the dissemination of racial and discriminatory material through Internet websites in the State party; at the low level of employment among women in ethnic minorities; that trafficking in persons for the purpose of sexual exploitation remains a problem within the State party; about the persistence of domestic violence and child abuse in the State party and noted the lack of specific legislation concerning domestic violence; and about the prevalence of sexual exploitation of children and child pornography in the State party.
Among its recommendations, the Committee encouraged the State party to consider giving its support to the process of discussion and future adoption of the Covenant’s Optional Protocol on an individual communications procedure. It also encouraged the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Committee recommended that the State party continue its efforts to prevent the dissemination of racist propaganda, including by enforcing appropriate legislation, and providing education on and awareness-raising of that phenomenon. It encouraged the State party to implement adopted measures to support the participation of women, including women from ethnic groups, in the workforce and to continue in its efforts to mainstream gender equality across all public policies. It urged the State party to continue and strengthen its efforts to combat the problems of trafficking in persons and the commercial sexual exploitation of women and children; to adopt specific legislation on domestic violence, and to make such acts of violence a criminal offence; and to continue to strengthen its efforts to combat child pornography and the sexual exploitation of children.
Concluding Observations on El Salvador
The Committee noted with satisfaction that during the period covered under the second session periodic review, El Salvador ratified various international instruments, in particular the Additional Protocol to the American Convention of Human Rights dealing with Economic, Social and Cultural Rights, the “San Salvador Protocol,” and the ILO Convention 87 concerning Freedom of Association and Protection of the Right to Organise and ILO Convention 98 concerning the right to organize and collective bargaining. The Committee also noted with satisfaction the different plans and actions undertaken by El Salvador such as the Presidential Program on Opportunities, the Plan and National Human Rights Council on the Eradication of the Worst Forms of Child Labour, labour inspections carried out by the General Directorate of Labour Inspections, and the different actions of assistance to Salvadoran nationals living abroad. The Committee also expressed satisfaction over the law of intra-familial violence, adopted in 1996, and article 200 of the new Penal Code from 1998 that codifies intra-familial violence. The Committee also welcomed that fact that the National Policy on Housing, adopted in June 2005, makes explicit recognition of the right to housing as a human right.
The Committee expressed concern, according to available information, with reference to threats received by some members, including its president, of the Office of the Attorney General on the Protection of Human Rights. It was also a source of concern the apparent lack of coordination and communication between the Office of the Attorney General and the Government. In this respect, the Committee urged El Salvador to carry out the necessary investigations to identify and bring to justice those responsible for issuing threats to members of the Office of the Attorney General on the Protection of Human Rights. The Committee also recommended that El Salvador should adopt the necessary measures to guarantee its normal functioning by granting the Office of the Attorney General adequate funding and strengthening the cooperation between the Office of the Attorney General and the Government, including sharing information.
While expressing satisfaction over the creation of the Salvadoran Institute on the Development of Women in 1996, and in spite of the numerous existing legal mechanisms adopted by the Government, the Committee expressed concern over the persistent discrimination of women in El Salvador, an entrenched practice that was the result of prejudice and traditional social conditions. In this sense, the Committee called upon El Salvador to enforce measures to guarantee the equality of women and men in all spheres of life, in particular by adopting the necessary measures to fight against girl child and adolescent discrimination, access to employment, equal remuneration for work of equal value, and decent working conditions. The Committee recommended that El Salvador adopted a law on equal opportunity for women and men, and that it ensured that the activities of the Salvadoran Institute on the Development of Women had an impact of the actual lives of women.
The Committee also noted with concern that even though the unemployment rate had diminished in El Salvador in the last years, the amount of work in the informal sector had reached alarming levels. In consequence, the Committee invited El Salvador to take the necessary, such as an employment action plan, to reduce progressively the percentage of work in the informal sector as well as the rate of unemployment.
Concluding Observations on Tajikistan
In the initial report of Tajikistan, the Committee welcomed the adoption of the 2004 Act on Equal Rights and Opportunities for Men and Women and the National Plan of Action for the Advancement of Women and the Enhancement of Their Status and Role for the period 1998-2005. It also welcomed the establishment of the Government Committee for Women’s and Family Affairs. The Committee noted with satisfaction the adoption in 2002 of a Poverty Reduction Strategy Paper and the efforts made by the State party to alleviate poverty, ensure an equitable distribution of the benefits of the economic growth and improve the standard of living of the most vulnerable groups of the population. It took note of the recent ratification of the United Nations Convention on Fight against Corruption, the approval of the Istanbul Anti-Corruption Action Plan and the participation of the State party in the Anti-Corruption Network for Transition Economies; the adoption of the 2005 Anti-Corruption Act for the creation of a new anti-corruption department in the Procurator’s office; the adoption of the 2004 Act on Trafficking in Persons; and the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
The Committee was concerned about the lack of independence of the judiciary in Tajikistan and noted with concern that despite the efforts made by the State party, corruption and nepotism continued to be widespread, preventing the equal enjoyment of economic, social and cultural rights. The Committee was concerned that there was no systematic and comprehensive anti-discrimination legislation in the State party. The Committee was concerned, among other things, about the serious difficulties faced by refugees in finding employment; that traditional stereotypes in relation to the role of women in society were increasing; persistent gender inequalities; the current minimum wage was insufficient to provide an adequate standard of living for workers and their families; sexual harassment in the workplace was not classified as a specific offence; the persistence of domestic violence - especially against women - in the State party, resulting in a high number of murders and suicides among women; a high number of women and children continued to be trafficked from or through the State party for purposes of sexual exploitation and forced labour; the high mortality rate of children and mothers; the rapid spread of HIV in the State party; the increase of tuberculosis infections and tuberculosis-related deaths, especially among prisoners; the decline of the budget for education; and the sharp decline in attendance rates at primary and secondary schools, especially with regard to girls.
Among its recommendations, the Committee requests the State party to ensure that the provisions of the Covenant were given effect to by its domestic courts; that the State party consider the establishment of an independent national human rights institution; to take immediate steps to guarantee the full independence and impartiality of the judiciary; prioritize developing and pursuing a comprehensive set of measures to combat corruption and nepotism as well as impunity for those phenomena; to strengthen the protection afforded to refugees and asylum seekers; to take effective measures to promote and protect the economic, social and cultural rights of Tajik citizens working abroad; to promote targeted active employment policies to decrease unemployment; to implement the principle of equal treatment of men and women with regard to wages, working conditions, access to employment and promotion; to undertake measures to combat sexual harassment in the workplace; to adopt - as a matter of priority - a law on domestic violence and to render it a criminal offence; to take all necessary measures to protect victims of domestic violence; to take all the necessary measures to guarantee the right to adequate housing; to ensure access to safe drinking water; to take all effective measures to combat the high mortality rate of children and mothers; to take effective measures to combat the inflow and consumption of illicit drugs; and to conduct education campaigns on HIV/AIDS.
Concluding Observations on the Former Yugoslav Republic of Macedonia
Concerning the initial report of the Former Yugoslav Republic of Macedonia, the Committee noted with satisfaction the recent adoption of an Electoral Law introducing a quota system requiring one-third representation of women in Parliament and of a Law on Equal Opportunities of Men and Women establishing Gender Equality Commissions in several cities and providing for the appointment of gender coordinators in all local self-government units in the State party. It also noted the proposed constitutional amendment envisaging compulsory secondary education, as well as the recent introduction of one-year of compulsory pre-schooling. It welcomed the favourable position of the State party concerning the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Committee also noted with appreciation the State party’s recent ratification of several human rights treaties, including the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 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, the European Social Charter and Protocol No. 12 to the European Convention on Human Rights.
The Committee was concerned that, although the Human Rights Ombudsman was competent to investigate complaints about alleged violations of economic, social and cultural rights, the Ombudsman’s requests for information and recommendations relating to such complaints had not always been acted upon. The Committee is concerned about reports that Roma face widespread discrimination in access to employment, social assistance, health care and education, that Roma and Albanian applicants sometimes experience difficulties in obtaining citizenship, and that a certain number of Roma lack personal documents. The Committee was deeply concerned about the exceptionally high unemployment rate in the State party, in particular among women, Roma and other minorities and persons with disabilities. Among other things, the Committee was concerned about the far-reaching limitations on the right to strike; the high incidence of domestic violence against women and children; about the fact that hundreds of children in cities, primarily Roma, live on the streets; that 30 percent of the population live below the poverty line; the limited access of young persons to sexual and reproductive health services; and the high dropout rate in primary and secondary education.
The Committee recommended that the State party, among other things, ensure that the provisions of the Covenant are given effect to by its domestic courts, that legal and judicial training take full account of all Covenant rights; consider the adoption of comprehensive anti-discrimination legislation; intensify its efforts to combat discrimination against Roma in all fields covered by the Covenant, urgently process pending citizenship claims from Roma, Albanian and other minority applicants; consider adopting a special law on sexual harassment; increase its efforts to combat unemployment through specifically targeted measures; ensure that a national minimum wage for the private sector be established by law or by collective agreement; consider repealing any limitations on the right to strike; enact a specific law criminalizing domestic violence; intensify its efforts to combat trafficking in persons, especially women and girls; take all necessary measures to combat the phenomenon of street children and to protect their families; urgently proceed with the revision of, and ensure the integration of economic, social and cultural rights in its poverty reduction strategy; intensify its efforts to educate children and adolescents on sexual and reproductive health and to enhance the accessibility of sexual and reproductive health services; ensure free primary education for all children and gradually reduce the costs of secondary education; and end the practice of segregating Roma and other minority and refugee children in separate schools.
Concluding Observations on Albania
Among positive developments in the initial report of Albania, the Committee noted with satisfaction that the Covenant had been incorporated into domestic law and could be invoked in the country’s courts. It also noted with satisfaction the enactment of a law aimed at strengthening the authority of the People’s Advocate (the Ombudsman), in May 2005; the adoption of the Law on Gender Equality, in 2004; the adoption of the National Strategy on the Improvement of the Living Conditions of the Roma Community, in 2004; the adoption of the National Education Action Plan 2005-2015 on pre-University Education, in 2004; the amendment to the Labour Code of the State party, improving the labour conditions of pregnant and breastfeeding women, in 2003; and the favourable position of the State party concerning the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
The Committee was concerned about the existing gap between legislation in the field of economic, social and cultural rights and its actual implementation and regretted that the report as a whole did not contain sufficient information on the practical implementation of the Covenant. The Committee was deeply concerned that the State party had not been able to effectively address the widespread and serious problem of corruption and preferential treatment based on family ties within all areas of government and public administration. The Committee was concerned that ethnic minorities in Albania, in particular the Roma and the Egyptian communities, suffered from discrimination and serious disadvantages in access to services and only enjoy a limited protection of their economic, social and cultural rights. The Committee was also seriously concerned about the reports of ill-treatment and excessive use of force by law enforcement officials vis-à-vis those persons, notwithstanding the explanation provided by the State party that they were isolated incidents. The Committee noted with concern the continued unequal status of women in Albania, in part owing to the legacies of the customary law (the Kanun); about the pervasiveness of domestic violence and other forms of abuse and ill-treatment against women and children; about the internal and cross-border trafficking in persons; about the extent of poverty; about the reports of discriminatory treatment by the authorities against members of Roma and Egyptian communities; on the declining of the budget allocation on health, including public health; and about the very high incidence of infant and maternal mortality, and the prevalence of illegal abortions.
Among its recommendations, the Committee urged the State party to ensure the justiciability of the Covenant rights in domestic courts and drew its attention to General Comment No. 9 on the domestic application of the Covenant. It stressed the importance of an independent judiciary for the enjoyment of all human rights, including economic, social and cultural rights. The Committee strongly urged the State party to take all necessary measures to ensure the independence, integrity, security and training of the judiciary. Also, it strongly urged the State party to take effective measures to combat corruption and preferential treatment based on family ties within all areas of government and public administration and, in particular, to increase transparency and consultations at all levels of decision-making. The Committee urged the State party to ensure that the lack of registration and other personal identity documents do not become an obstacle to the enjoyment of economic, social and cultural rights including social security, health services and education. The Committee called on the State party to intensify its efforts to promote ethnic tolerance; to increase its efforts to combat unemployment through special targeted programmes, including programmes aimed at reducing unemployment among disadvantaged and marginalized groups. It urged the State party to take all necessary measures to ensure that legislation protecting minors against economic and social exploitation and their right to education were rigorously enforced; to eliminate the practice of “vendetta” killings; to strengthen its measures to combat trafficking in persons; to improve its health services; and to take effective measures to increase school attendance by Roma children.
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), Arundhati Ghost (India), Matria Virginia Brás 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), and Alvaro Tirado Mejia (Colombia).
The Chairperson of the Committee is Ms. Bonoan-Dandan. The Vice-Charipersons are Mr. Kerdoun, Mr. Riedel and Mr. Barahona Riera. The Rapporteur is Mr. Kolosov.
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For use of the information media; not an official record
ESC06019F
Issues Concluding Observations on Reports of the Netherlands, El Salvador, Tajikistan, the Former Yugoslav Republic of Macedonia and Albania
The Committee on Economic, Social and Cultural Rights concluded today its three-week autumn session by adopting its concluding observations on the reports of the Netherlands, El Salvador, Tajikistan, the Former Yugoslav Republic of Macedonia and Albania, which were considered during the session.
These countries 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.
Among the positive developments in the initial report of the Netherlands, the Committee noted with satisfaction the low unemployment rate in the State party, and that the State party allocated 0.8 per cent of its GDP to its development cooperation policy, which was more than the percentage (0.7 per cent) set by the United Nations for official development assistance. The Committee was concerned, among other things, at the rise in the dissemination of racial and discriminatory material through Internet websites in the State party; and about the persistence of domestic violence and child abuse. Among its recommendations, the Committee urged the State party to continue and strengthen its efforts to combat the problems of trafficking in persons and the commercial sexual exploitation of women and children.
With regard to the second periodic report of El Salvador, The Committee noted with satisfaction the ratification of various international instruments by the State party and the adoption of the different plans and actions with regard to economic, social and cultural rights. It welcomed that fact that the National Policy on Housing, adopted in June 2005, made explicit recognition of the right to housing as a human right. The Committee expressed concern over the persistent discrimination against women in El Salvador, an entrenched practice that was the result of prejudice and traditional social conditions. Among other things, the Committee recommended that the State party adopt the necessary measures to guarantee the normal functioning by Office of the Attorney General by granting adequate funding and strengthening the cooperation between the Office and the Government. The Committee called upon El Salvador to enforce measures to guarantee the equality of women and men in all spheres of life; and to adopt a law on equal opportunity for women and men.
As regards the initial report of the Former Yugoslav Republic of Macedonia, the Committee noted with satisfaction the recent adoption of an Electoral Law introducing a quota system requiring one-third representation of women in Parliament. The Committee was concerned about the exceptionally high unemployment rate in the State party, in particular among women, Roma and other minorities and persons with disabilities. Among other things, the urged the State party to enact a specific law criminalizing domestic violence; intensify its efforts to combat trafficking in persons, especially women and girls; take all necessary measures to combat the phenomenon of street children and to protect their families; intensify its efforts to educate children and adolescents on sexual and reproductive health and to enhance the accessibility of sexual and reproductive health services; ensure free primary education for all children and gradually reduce the costs of secondary education; and end the practice of segregating Roma and other minority and refugee children in separate schools.
Among positive developments in the initial report of Albania, the Committee noted with satisfaction that the Covenant had been incorporated into domestic law and could be invoked in the country’s courts. It also noted with satisfaction the enactment of a law aimed at strengthening the authority of the People’s Advocate (the Ombudsman), in May 2005. The Committee was deeply concerned that the State party had not been able to effectively address the widespread and serious problem of corruption and preferential treatment based on family ties within all areas of government and public administration. Among its recommendations, the Committee urged the State party to ensure the justiciability of the Covenant rights in domestic courts and urged Albania to eliminate the practice of “vendetta” killings; to strengthen its measures to combat trafficking in persons; to improve its health services; and to take effective measures to increase school attendance by Roma children.
The next session of the Committee will take place from 30 April to 18 May 2007, at which time the Committee will take up reports from five counties, whose names have not yet been released.
CONCLUDING OBSERVATIONS
Concluding Observations on the Netherlands
In the third periodic report of the Netherlands, the Committee noted with satisfaction the low unemployment rate in the State party, and the fact that the minimum wage complies with the requirement of article 7 of the Covenant; the policy and legislative initiatives taken by the State party to encourage older people to remain active in the labour market; the information provided by the delegation that secondary school fees had been abolished, meaning that now both primary and secondary education was free. It also welcomed the fact that the State party took a human rights based approach to its development cooperation policy and did so in close cooperation with UN institutions, international organizations, and non-governmental organizations. The Committee noted with satisfaction that the State party allocated 0.8 per cent of its GDP to its development cooperation policy, which was more than the percentage (0.7 per cent) set by the United Nations for official development assistance.
The Committee was concerned that the courts in the State party applied the provisions of the Covenant only to the extent that they considered that those were directly applicable and that most provisions of the Covenant could not be applied directly. The Committee was concerned, among other things, at the rise in the dissemination of racial and discriminatory material through Internet websites in the State party; at the low level of employment among women in ethnic minorities; that trafficking in persons for the purpose of sexual exploitation remains a problem within the State party; about the persistence of domestic violence and child abuse in the State party and noted the lack of specific legislation concerning domestic violence; and about the prevalence of sexual exploitation of children and child pornography in the State party.
Among its recommendations, the Committee encouraged the State party to consider giving its support to the process of discussion and future adoption of the Covenant’s Optional Protocol on an individual communications procedure. It also encouraged the State party to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Committee recommended that the State party continue its efforts to prevent the dissemination of racist propaganda, including by enforcing appropriate legislation, and providing education on and awareness-raising of that phenomenon. It encouraged the State party to implement adopted measures to support the participation of women, including women from ethnic groups, in the workforce and to continue in its efforts to mainstream gender equality across all public policies. It urged the State party to continue and strengthen its efforts to combat the problems of trafficking in persons and the commercial sexual exploitation of women and children; to adopt specific legislation on domestic violence, and to make such acts of violence a criminal offence; and to continue to strengthen its efforts to combat child pornography and the sexual exploitation of children.
Concluding Observations on El Salvador
The Committee noted with satisfaction that during the period covered under the second session periodic review, El Salvador ratified various international instruments, in particular the Additional Protocol to the American Convention of Human Rights dealing with Economic, Social and Cultural Rights, the “San Salvador Protocol,” and the ILO Convention 87 concerning Freedom of Association and Protection of the Right to Organise and ILO Convention 98 concerning the right to organize and collective bargaining. The Committee also noted with satisfaction the different plans and actions undertaken by El Salvador such as the Presidential Program on Opportunities, the Plan and National Human Rights Council on the Eradication of the Worst Forms of Child Labour, labour inspections carried out by the General Directorate of Labour Inspections, and the different actions of assistance to Salvadoran nationals living abroad. The Committee also expressed satisfaction over the law of intra-familial violence, adopted in 1996, and article 200 of the new Penal Code from 1998 that codifies intra-familial violence. The Committee also welcomed that fact that the National Policy on Housing, adopted in June 2005, makes explicit recognition of the right to housing as a human right.
The Committee expressed concern, according to available information, with reference to threats received by some members, including its president, of the Office of the Attorney General on the Protection of Human Rights. It was also a source of concern the apparent lack of coordination and communication between the Office of the Attorney General and the Government. In this respect, the Committee urged El Salvador to carry out the necessary investigations to identify and bring to justice those responsible for issuing threats to members of the Office of the Attorney General on the Protection of Human Rights. The Committee also recommended that El Salvador should adopt the necessary measures to guarantee its normal functioning by granting the Office of the Attorney General adequate funding and strengthening the cooperation between the Office of the Attorney General and the Government, including sharing information.
While expressing satisfaction over the creation of the Salvadoran Institute on the Development of Women in 1996, and in spite of the numerous existing legal mechanisms adopted by the Government, the Committee expressed concern over the persistent discrimination of women in El Salvador, an entrenched practice that was the result of prejudice and traditional social conditions. In this sense, the Committee called upon El Salvador to enforce measures to guarantee the equality of women and men in all spheres of life, in particular by adopting the necessary measures to fight against girl child and adolescent discrimination, access to employment, equal remuneration for work of equal value, and decent working conditions. The Committee recommended that El Salvador adopted a law on equal opportunity for women and men, and that it ensured that the activities of the Salvadoran Institute on the Development of Women had an impact of the actual lives of women.
The Committee also noted with concern that even though the unemployment rate had diminished in El Salvador in the last years, the amount of work in the informal sector had reached alarming levels. In consequence, the Committee invited El Salvador to take the necessary, such as an employment action plan, to reduce progressively the percentage of work in the informal sector as well as the rate of unemployment.
Concluding Observations on Tajikistan
In the initial report of Tajikistan, the Committee welcomed the adoption of the 2004 Act on Equal Rights and Opportunities for Men and Women and the National Plan of Action for the Advancement of Women and the Enhancement of Their Status and Role for the period 1998-2005. It also welcomed the establishment of the Government Committee for Women’s and Family Affairs. The Committee noted with satisfaction the adoption in 2002 of a Poverty Reduction Strategy Paper and the efforts made by the State party to alleviate poverty, ensure an equitable distribution of the benefits of the economic growth and improve the standard of living of the most vulnerable groups of the population. It took note of the recent ratification of the United Nations Convention on Fight against Corruption, the approval of the Istanbul Anti-Corruption Action Plan and the participation of the State party in the Anti-Corruption Network for Transition Economies; the adoption of the 2005 Anti-Corruption Act for the creation of a new anti-corruption department in the Procurator’s office; the adoption of the 2004 Act on Trafficking in Persons; and the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
The Committee was concerned about the lack of independence of the judiciary in Tajikistan and noted with concern that despite the efforts made by the State party, corruption and nepotism continued to be widespread, preventing the equal enjoyment of economic, social and cultural rights. The Committee was concerned that there was no systematic and comprehensive anti-discrimination legislation in the State party. The Committee was concerned, among other things, about the serious difficulties faced by refugees in finding employment; that traditional stereotypes in relation to the role of women in society were increasing; persistent gender inequalities; the current minimum wage was insufficient to provide an adequate standard of living for workers and their families; sexual harassment in the workplace was not classified as a specific offence; the persistence of domestic violence - especially against women - in the State party, resulting in a high number of murders and suicides among women; a high number of women and children continued to be trafficked from or through the State party for purposes of sexual exploitation and forced labour; the high mortality rate of children and mothers; the rapid spread of HIV in the State party; the increase of tuberculosis infections and tuberculosis-related deaths, especially among prisoners; the decline of the budget for education; and the sharp decline in attendance rates at primary and secondary schools, especially with regard to girls.
Among its recommendations, the Committee requests the State party to ensure that the provisions of the Covenant were given effect to by its domestic courts; that the State party consider the establishment of an independent national human rights institution; to take immediate steps to guarantee the full independence and impartiality of the judiciary; prioritize developing and pursuing a comprehensive set of measures to combat corruption and nepotism as well as impunity for those phenomena; to strengthen the protection afforded to refugees and asylum seekers; to take effective measures to promote and protect the economic, social and cultural rights of Tajik citizens working abroad; to promote targeted active employment policies to decrease unemployment; to implement the principle of equal treatment of men and women with regard to wages, working conditions, access to employment and promotion; to undertake measures to combat sexual harassment in the workplace; to adopt - as a matter of priority - a law on domestic violence and to render it a criminal offence; to take all necessary measures to protect victims of domestic violence; to take all the necessary measures to guarantee the right to adequate housing; to ensure access to safe drinking water; to take all effective measures to combat the high mortality rate of children and mothers; to take effective measures to combat the inflow and consumption of illicit drugs; and to conduct education campaigns on HIV/AIDS.
Concluding Observations on the Former Yugoslav Republic of Macedonia
Concerning the initial report of the Former Yugoslav Republic of Macedonia, the Committee noted with satisfaction the recent adoption of an Electoral Law introducing a quota system requiring one-third representation of women in Parliament and of a Law on Equal Opportunities of Men and Women establishing Gender Equality Commissions in several cities and providing for the appointment of gender coordinators in all local self-government units in the State party. It also noted the proposed constitutional amendment envisaging compulsory secondary education, as well as the recent introduction of one-year of compulsory pre-schooling. It welcomed the favourable position of the State party concerning the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Committee also noted with appreciation the State party’s recent ratification of several human rights treaties, including the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, 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, the European Social Charter and Protocol No. 12 to the European Convention on Human Rights.
The Committee was concerned that, although the Human Rights Ombudsman was competent to investigate complaints about alleged violations of economic, social and cultural rights, the Ombudsman’s requests for information and recommendations relating to such complaints had not always been acted upon. The Committee is concerned about reports that Roma face widespread discrimination in access to employment, social assistance, health care and education, that Roma and Albanian applicants sometimes experience difficulties in obtaining citizenship, and that a certain number of Roma lack personal documents. The Committee was deeply concerned about the exceptionally high unemployment rate in the State party, in particular among women, Roma and other minorities and persons with disabilities. Among other things, the Committee was concerned about the far-reaching limitations on the right to strike; the high incidence of domestic violence against women and children; about the fact that hundreds of children in cities, primarily Roma, live on the streets; that 30 percent of the population live below the poverty line; the limited access of young persons to sexual and reproductive health services; and the high dropout rate in primary and secondary education.
The Committee recommended that the State party, among other things, ensure that the provisions of the Covenant are given effect to by its domestic courts, that legal and judicial training take full account of all Covenant rights; consider the adoption of comprehensive anti-discrimination legislation; intensify its efforts to combat discrimination against Roma in all fields covered by the Covenant, urgently process pending citizenship claims from Roma, Albanian and other minority applicants; consider adopting a special law on sexual harassment; increase its efforts to combat unemployment through specifically targeted measures; ensure that a national minimum wage for the private sector be established by law or by collective agreement; consider repealing any limitations on the right to strike; enact a specific law criminalizing domestic violence; intensify its efforts to combat trafficking in persons, especially women and girls; take all necessary measures to combat the phenomenon of street children and to protect their families; urgently proceed with the revision of, and ensure the integration of economic, social and cultural rights in its poverty reduction strategy; intensify its efforts to educate children and adolescents on sexual and reproductive health and to enhance the accessibility of sexual and reproductive health services; ensure free primary education for all children and gradually reduce the costs of secondary education; and end the practice of segregating Roma and other minority and refugee children in separate schools.
Concluding Observations on Albania
Among positive developments in the initial report of Albania, the Committee noted with satisfaction that the Covenant had been incorporated into domestic law and could be invoked in the country’s courts. It also noted with satisfaction the enactment of a law aimed at strengthening the authority of the People’s Advocate (the Ombudsman), in May 2005; the adoption of the Law on Gender Equality, in 2004; the adoption of the National Strategy on the Improvement of the Living Conditions of the Roma Community, in 2004; the adoption of the National Education Action Plan 2005-2015 on pre-University Education, in 2004; the amendment to the Labour Code of the State party, improving the labour conditions of pregnant and breastfeeding women, in 2003; and the favourable position of the State party concerning the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
The Committee was concerned about the existing gap between legislation in the field of economic, social and cultural rights and its actual implementation and regretted that the report as a whole did not contain sufficient information on the practical implementation of the Covenant. The Committee was deeply concerned that the State party had not been able to effectively address the widespread and serious problem of corruption and preferential treatment based on family ties within all areas of government and public administration. The Committee was concerned that ethnic minorities in Albania, in particular the Roma and the Egyptian communities, suffered from discrimination and serious disadvantages in access to services and only enjoy a limited protection of their economic, social and cultural rights. The Committee was also seriously concerned about the reports of ill-treatment and excessive use of force by law enforcement officials vis-à-vis those persons, notwithstanding the explanation provided by the State party that they were isolated incidents. The Committee noted with concern the continued unequal status of women in Albania, in part owing to the legacies of the customary law (the Kanun); about the pervasiveness of domestic violence and other forms of abuse and ill-treatment against women and children; about the internal and cross-border trafficking in persons; about the extent of poverty; about the reports of discriminatory treatment by the authorities against members of Roma and Egyptian communities; on the declining of the budget allocation on health, including public health; and about the very high incidence of infant and maternal mortality, and the prevalence of illegal abortions.
Among its recommendations, the Committee urged the State party to ensure the justiciability of the Covenant rights in domestic courts and drew its attention to General Comment No. 9 on the domestic application of the Covenant. It stressed the importance of an independent judiciary for the enjoyment of all human rights, including economic, social and cultural rights. The Committee strongly urged the State party to take all necessary measures to ensure the independence, integrity, security and training of the judiciary. Also, it strongly urged the State party to take effective measures to combat corruption and preferential treatment based on family ties within all areas of government and public administration and, in particular, to increase transparency and consultations at all levels of decision-making. The Committee urged the State party to ensure that the lack of registration and other personal identity documents do not become an obstacle to the enjoyment of economic, social and cultural rights including social security, health services and education. The Committee called on the State party to intensify its efforts to promote ethnic tolerance; to increase its efforts to combat unemployment through special targeted programmes, including programmes aimed at reducing unemployment among disadvantaged and marginalized groups. It urged the State party to take all necessary measures to ensure that legislation protecting minors against economic and social exploitation and their right to education were rigorously enforced; to eliminate the practice of “vendetta” killings; to strengthen its measures to combat trafficking in persons; to improve its health services; and to take effective measures to increase school attendance by Roma children.
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), Arundhati Ghost (India), Matria Virginia Brás 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), and Alvaro Tirado Mejia (Colombia).
The Chairperson of the Committee is Ms. Bonoan-Dandan. The Vice-Charipersons are Mr. Kerdoun, Mr. Riedel and Mr. Barahona Riera. The Rapporteur is Mr. Kolosov.
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