COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-EIGHTH SESSION

The Committee on Economic, Social and Cultural Rights concluded on 18 May its three-week spring session by adopting its concluding observations and recommendations on the reports of Nepal, Hungary, the Netherlands (Antilles), Finland and Latvia which it 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.

Having considered the second periodic report of Nepal, the Committee welcomed the significant progress made over the past year toward achieving peace and stability in the State party. The Committee noted with concern that, in spite of the provisions in the Interim Constitution prohibiting caste-based discrimination, such discrimination persisted with impunity. The Committee urged the State party to ensure that, in the Constitutional process currently underway, all sectors of society, including disadvantaged and marginalized groups, were represented in decision-making bodies at all levels.

With regards to the third periodic report of Hungary, the Committee noted with appreciation the recent adoption of legislative and other measures to combat discrimination and promote equal opportunities for disadvantaged and marginalized individuals and groups in the area of economic, social and cultural rights. The Committee was concerned about the extremely high unemployment rate among the Roma in the State party and about discrimination against Roma by private and public employers. The Committee recommended that the State party consider adopting a comprehensive Gender Equality Law promoting equal opportunities for women, in particular in the fields covered by the Covenant.

In the context of its consideration of the third periodic report of the Netherlands (Antilles), the Committee noted with satisfaction that education was among the top priorities, and saluted the measures aiming to increase the length of mandatory schooling, and to decrease dropout figures. The Committee noted with concern that the various local authorities were not fully aware of the importance of the international obligations deriving from the Convention. The Committee urgently required the State party to increase its efforts to fight unemployment by the use of targeted programmes, in particular with regards to youth unemployment.

Subsequent to its consideration of the fifth periodic report of Finland, the Committee noted with appreciation 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 the State party. The Committee noted with concern the persistent salary differences between men and women, and the low percentage of women in high-ranking positions in many areas, including university teaching posts. The Committee called upon the State party to strengthen its efforts to combat poverty and social exclusion and to develop a mechanism for measuring the poverty level and for monitoring it closely.

With regards to the initial report of Latvia, the Committee welcomed the establishment of the Office of the Rights Defender (the Ombudsperson), which replaced the Latvian National Human Rights Office. The Committee was concerned that the State Language Law could be discriminatory in effect against linguistic minorities living in the State party. The State party was urged to continue to strengthen its efforts to combat corruption, and to take all the necessary measures to combat corruption within State institutions, the police force and the judiciary, and to ensure that the lack of citizenship of the permanent residents did not hinder equal enjoyment of economic, social and cultural rights.

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 countries: Costa Rica, Ukraine, France, Belgium, and Paraguay.

Concluding Observations

Nepal

With regards to the second periodic report of Nepal, the Committee welcomed the significant progress made over the past year toward achieving peace and stability in the State party, notably the reinstatement of the House of Representatives in April 2006, the conclusion of a Comprehensive Peace Accord (CPA) between the Government and the Communist Party of Nepal-Maoist in November 2006, and the measures it has subsequently taken to transform Nepal into a secular State, as well as the adoption of an Interim Constitution in January 2007 which incorporated many economic, social and cultural rights. The Committee noted with satisfaction that the Interim Constitution had elevated the National Human Rights Commission to a constitutional body, and that the National Human Rights Action Plan had been renewed for a further three years. The Committee welcomed the measures taken by the State party to abolish discrimination on the basis of caste and feudal practices detrimental to the enjoyment of economic, social and cultural rights of traditionally marginalized groups.

The Committee regretted that most of its 2001 recommendations in relation to the initial report had not been implemented, and that the State party had not addressed in an effective manner the following principal subjects of concern, which continued to be relevant. The Committee noted with concern that, in spite of the provisions in the Interim Constitution prohibiting caste-based discrimination, such discrimination persisted with impunity. The Committee noted with concern that in many parts of Nepal, internally displaced persons (IDPs) had not been allowed to return to their homes in safety or to fully integrate where they were currently residing. The Committee noted with deep concern the harsh conditions of women living in rural areas, especially those whose conditions had been exacerbated by the conflict. The Committee was also concerned about the reportedly high rates of unemployment and underemployment.

The Committee encouraged the State party to strengthen its cooperation with the Office of the High Commissioner for Human Rights. The Committee urged the State party to ensure that, in the Constitutional process currently underway, all sectors of society, including disadvantaged and marginalized groups, in particular the Dalit, the Madhesi and indigenous communities, and especially women within these groups, were represented in decision-making bodies at all levels. The Committee recommended that a thorough review of national laws be undertaken with a view to identifying and rectifying all provisions that directly or indirectly permitted discrimination on the basis of caste and multiple discrimination of women from certain groups. The Committee urged the State party to implement effectively, the Comprehensive Peace Agreement underlining the safe and sustainable return of all internally displaced persons (IDPs), particularly in mountain and hill districts where the environment had not been conducive to reintegration.

Hungary

Concerning the third periodic report of Hungary, the Committee noted with appreciation the recent adoption of legislative and other measures to combat discrimination and promote equal opportunities for disadvantaged and marginalized individuals and groups in the area of economic, social and cultural rights, including, among others, the establishment of a Women’s Representation Council to coordinate the implementation of Government programmes promoting equal opportunities for women and to review and comment on draft legislation and other measures promoting gender equality. The Committee welcomed the favourable position that the State party was taking concerning the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Committee also welcomed the open and constructive dialogue with the delegation of the State party, which included many experts from various Government departments, as well as its frank answers to the questions asked by the Committee.

The Committee noted that, although the Covenant had been incorporated into the domestic law of the State party, most of the rights recognized in the Covenant were not directly applicable in the courts of the State party. The Committee noted with concern that women continued to be underrepresented in Parliament and in senior positions in the public service. The Committee was concerned about the extremely high unemployment rate among the Roma in the State party and about discrimination against Roma by private and public employers. The Committee noted with concern that, according to the State party, the net minimum wage was not fully sufficient to cover the subsistence costs of a “single household”. The Committee was deeply concerned that one-fifth of the Roma in the State party lived in slum settlements, often without access to running water, adequate sewerage or located close to municipal dumpsites, and that Roma were frequently denied access to social housing, e.g. on the ground that they previously occupied accommodation without legal title or as a result of the distribution of social housing by local governments through public auction at high prices.

The Committee recommended that the State party take legislative and other appropriate measures to ensure the direct applicability of all Covenant rights in domestic courts, that legal and judicial training take full account of the justiciability of these rights, and that it promote the use of the Covenant as a source of domestic law. It drew the attention of the State party to general comment No. 9 on the domestic application of the Covenant and invited it to include, in its next periodic report, information on court decisions giving effect to Covenant rights. The Committee recommended that the State party consider adopting a comprehensive Gender Equality Law promoting equal opportunities for women, in particular in the fields covered by the Covenant. The Committee urged the State party to intensify its efforts to reduce Roma unemployment through specifically targeted measures, including by enhancing professional training and sustainable employment opportunities in communities with significant Roma populations and increasing the number of Roma in the central and local governments.

Netherlands (Antilles)

With regards to the third periodic report of the Netherlands (Antilles), the Committee noted with satisfaction that an Ordinance relative to equality of treatment was in process of elaboration, and encouraged the Netherlands (Antilles) to adopt such an instrument. The Committee also noted with satisfaction that education was among the top priorities, and saluted the measures aiming to increase the length of mandatory schooling, and to decrease drop-out figures. It encouraged the authorities to pursue their efforts in that regard. The Committee also noted with satisfaction the recent decision of the authorities to name as official languages the three languages that were most widely spoken, namely Dutch, English, and Papiamento. The Committee also noted with satisfaction that the State party intended to ratify the Convention on the rights of handicapped persons.

The Committee noted with concern, as recognised by the State party itself, that the various local authorities were not fully aware of the importance of the international obligations deriving from the Convention. The Committee regretted that little progress had been made with regards to direct application of the rights contained in the Convention, and was concerned with regards to the unclear explanations for this given by the State party. The Committee was also concerned by the very high level of unemployment, despite a notable improvement of the situation, in particular on certain islands. The Committee, whilst welcoming the efforts undertaken by the State party to eliminate the differences between the various categories of minimum salary, and the conversion of minimum salaries to minimum hourly salaries, regretted having not received sufficient information on the issue to understand whether the minimum salary allowed people to live in decent conditions.

The Committee recommended the adoption of a law on asylum-seekers and refugees which allowed the effective and adequate protection of the economic, social and cultural rights of those persons. The Committee also urgently required the State party to increase its efforts to fight unemployment by the use of targeted programmes, in particular with regards to youth unemployment. The Committee encouraged the State party to complete the elimination of differences between the various categories of minimum salary in a short lapse of time. The Committee also urgently requested the State party to undertake all necessary measures, in particular legislative, to ensure the instant implementation of the principle of equal pay for equal work. The Committee recommended that the State party take all necessary measures to ensure the right of everybody to social security, and that it recognise the right of children to social security.

Finland

With regards to the fifth periodic report of Finland, the Committee noted with appreciation 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 the State party. The Committee welcomed the efforts undertaken by the State party to combat discrimination, including the establishment of the office of the Minority Ombudsman, the adoption of the Non-Discrimination Act and the amendments to the Penal Code increasing the sanctions imposed for crimes related to ethnic intolerance. The Committee welcomed the amendments to the Act on Equality between Men and Women, particularly the mandatory development of equality plans for companies employing more than 30 persons and the introduction of a quota system for the representation of men and women (at least 40 per cent of each) in all State and municipal bodies.

The Committee was concerned that in spite of the efforts made by the State party to solve the question of the ownership and use of land in the Sámi Homeland, the prevailing legal uncertainty surrounding this issue negatively affected the right of the Sámi to maintain and develop their traditional culture and way of life, in particular reindeer herding. The Committee regretted that in 2004 Finland devoted only 0.35 per cent of its gross domestic product (GDP) to official development assistance (ODA), whereas the United Nations target for ODA is 0.7 per cent of GDP for industrialised countries. The Committee regretted that despite the measures adopted by the State party to enhance its legal and institutional mechanisms aimed at combating discrimination, de facto discrimination against foreigners and members of national, racial and ethnic minorities, in particular Roma, was still widespread among some sectors of the population, especially in the fields of employment, housing and access to public places such as restaurants and bars. The Committee noted with concern the persistent salary differences between men and women, in spite of the efforts made by the State party to end gender discrimination in the workplace, and the low percentage of women in high-ranking positions in many areas, including university teaching posts.

Among other things, the Committee urged the State party to adopt all necessary measures to ensure that logging and other activities carried out currently by private actors in the Sámi Homeland did not negatively affect the right of the Sámi to maintain and develop their traditional culture and way of life, in particular reindeer herding, and the enjoyment of their economic, social and cultural rights. The Committee urged the State party to continue strengthening its legal and institutional mechanisms aimed at combating discrimination, and requested the State party to include in its next periodic report detailed information on the outcomes of the initiatives undertaken to fight racism and xenophobia and to enhance tolerance and respect for foreigners and members of national, racial and ethnic minorities. The Committee called upon the State party to strengthen its efforts to combat poverty and social exclusion and to develop a mechanism for measuring the poverty level and for monitoring it closely. The Committee recommended that the State party intensify its efforts to improve access to inclusive education for Roma children.

Latvia

With regards to the initial report of Latvia, the Committee welcomed the establishment of the Office of the Rights Defender (the Ombudsperson), which replaced the Latvian National Human Rights Office. The Committee noted with satisfaction the ratification of the ILO Conventions No. 29 on Forced Labour, No. 182 on the Worst Forms of Child Labour, and No. 138 on Minimum Age. The Committee also noted with satisfaction the ratification by the State party, in October 2005, of the Council of Europe Framework Conference for the Protection of National Minorities. It also noted with satisfaction the various initiatives taken by the State party to support the development of an active cultural life in Latvia, through, inter alia, the National Programme on Culture and the Culture Capital Foundation.

The Committee was concerned that, in spite of the actions taken by the Latvian authorities against organised crime and corruption, including the work of the Corruption Prevention and Combating Bureau, the State party continued to face serious problems of corruption within State institutions, the police force and the judiciary. The Committee regretted the delay in the enactment of comprehensive anti-discrimination legislation in the State party. The Committee was concerned that the State Language Law could be discriminatory in effect against linguistic minorities living in the State party. The Committee noted the absence of criminal law provisions specifically addressing sexual harassment in the workplace. The Committee was also concerned about the high incidence of domestic violence and other forms of abuse against women and children, which often went unreported, and was particularly concerned about the absence of specific legislation on domestic violence and of a coherent strategy to support victims of domestic violence.

Among other things, the Committee recommended that the State party take all necessary measures to allocate sufficient human and financial resources to the Office of the Rights Defender. The State party was urged to continue to strengthen its efforts to combat corruption, and to take all the necessary measures to combat corruption within State institutions, the police force and the judiciary. The Committee urged the State party to ensure that the lack of citizenship of the permanent residents did not hinder equal enjoyment of economic, social and cultural rights, including employment, social security, health services and education. The Committee urged the State party to adopt a law on gender equality and take effective measures, including affirmative action measures where necessary, to ensure that women enjoyed full and equal participation in the labour market and in political life. The Committee recommended that the State party adopt legislation specifically addressing and criminalizing sexual harassment in the workplace.

Committee on Economic, Social and Cultural Rights

The Committee is composed of the following Experts: Mohamed Ezzeldin Adel-Moneim (Egypt), Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Azzouz Kerdoun (Algeria), Yuri Kolosov (Russian Federation), Jaime Marchan Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Eibe Riedel (Germany), Andrzej Rzeplinski (Poland), Walid M. Sa'di (Jordan), Philippe Texier (France), Alvaro Tirado Mejia (Colombia), Barbara Elaine Wilson (Switzerland), and Daode Zhan (China).

The Chairperson of the Committee is Philippe Texier of France. Vice-Chairpersons are Rocio Barahona Riera of Costa Rica, Ariranga Govindasamy Pillay of Mauritius, and Waleed M. Sadi of Jordan. The Rapporteur is Andrzej Rzeplinski of Poland.