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

The Committee on Economic, Social and Cultural Rights has concluded its three-week forty-seventh session, adopting its report and issuing its concluding observations and recommendations on the reports of Estonia, Israel, Turkmenistan, Cameroon and Argentina which were considered during the session.

Concerning the second periodic report of Estonia, the Committee noted with appreciation the establishment of the Unemployment Insurance Fund and the reforms brought to the labour market services. The Committee expressed concern over several issues such as the high rate of ‘non-citizens’, the discrimination against the Russian-speaking population, gender disparity in employment, high unemployment, and the acute shortage of housing. The Committee recommended that the State party facilitate acquisition of Estonian citizenship, address disadvantages faced by the Russian-speaking population, enforce gender equality in employment, formulate policies to reduce poverty, guarantee the rights of national, ethnic and linguistic minorities, amend its legislation so as to ensure that work by prisoners was authorized only when freely chosen or accepted without duress, implement a plan for the improvement of the quality of water, and improve the care given to persons with multi-resistant forms of tuberculosis.

Regarding the third periodic report of Israel, the Committee welcomed changes in the legislation such as the enactment in July 2011 by the Knesset of the National Council for Nutrition Security Law. The Committee expressed concern over the difficult access for Palestinians to their agricultural lands, the killings of workers in the buffer zone, the inequalities in wages between Jewish and Arab Israelis, the revocation of residency permits of Palestinians living in East Jerusalem, and the restricted access to health facilities and services for Palestinians living in the Occupied Palestinian Territories. The Committee recommended that employment opportunities be increased for Arab Israelis, that Palestinians enjoy unimpeded access to their agricultural lands, that investigations be led into the killings of workers near the buffer zone, and that the State party enable the Palestinian Authority to exercise its functions and emanating from the 1993 Interim Agreement.

After a review of the initial report of Turkmenistan, the Committee noted with appreciation the ratification by the State party of international instruments such as the Optional Protocol to the Convention on the Rights of Persons with Disabilities. Areas of concern included the negative consequences of the policy of “Turkmenisation” which resulted in discrimination against minorities, the strong negative traditional practices discriminating against women, high levels of unemployment, the absence of independent unions, the lack of information on the extent of human trafficking, child marriages, the forced relocation of human rights activists, and widespread hospital closures. The Committee recommended that the State party address discrimination against minorities and women, enhance access to employment, criminalize domestic violence, uphold the freedom of religion enshrined in the Constitution, and cease the practice of censorship of electronic communication and blocking of internet.

Concerning the combined second and third periodic reports of Cameroon, the Committee welcomed the introduction of measures such as free primary education and the opening of 60 HIV/AIDS centres. The Committee expressed concern over widespread corruption, discrimination against women and indigenous peoples, the practice of female genital mutilation, the sentence of forced labour, high unemployment rates, violations of union rights, and the age of child labour being fixed at 14. The Committee recommended that the State party adopt an anti-discrimination legislation, allocate more resources for supporting persons with disabilities, tackle the high unemployment rates, respect union rights, modernize the social welfare system, respect international standards on child labour, implement a strategy to tackle housing issues, and dismantle the informal network of poor quality medication.

With regard to the third periodic report of Argentina, the Committee welcomed the Migration Law which protects the right of all migrants, including those in an irregular situation, to free access to education and health services, and the Equal Marriage Law giving inter alia same-sex couples the same marital rights as heterosexuals. The Committee expressed concern over the land issues indigenous communities are facing, reprisals and disproportionate use of force against persons participating in activities in defence of economic, social and cultural rights, and the large number of workers in the informal economy. The Committee recommended that the State party strengthen measures to protect indigenous peoples, as well as women in matters of domestic violence and access to employment, deal with human trafficking, tackle the housing issues, improve access to reproductive health education, and respect the rights of labour unions.

The concluding observations and recommendations are available at the following link http://www2.ohchr.org/english/bodies/cescr/cescrs47.htm

In closing remarks, Ariranga Govindasamy Pillay, the Committee Chairperson, summed up the activities of the Committee during the session, noting that in addition to its consideration of five periodic reports, the Committee had held discussions on its working methods, as well as on the Draft Rules of Procedures for the Optional Protocol to the Covenant. It was noteworthy that the Committee decided to introduce two meetings instead of three for the dialogue with States parties when considering periodic reports. This would be on a provisional and trial basis, from the November 2012 session, for up to two years. The Committee would maintain the practice of three meetings for initial reports.

The Committee’s next session will be held from 30 April to 18 May 2012 in Geneva, when it will consider the reports of New Zealand, Peru, Slovakia, Spain and Ethiopia.


Concluding Observations and Recommendations

Estonia

With regard to the second periodic report of Estonia, the Committee welcomed the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty (30 January 2004). The Committee further welcomed the statistical data provided which enabled the Committee to make an assessment of the progress in the realization of the rights. The Committee welcomed in particular the establishment of the Unemployment Insurance Fund and the reforms brought to the labour market services; the adoption of the Gender Equality Act in 2004 and the conduct of the periodic Gender Equality Monitoring survey; and the policy of the State party of supporting the teaching of mother tongues of minorities and the promotion of bilingualism in education.

However, several areas of concern drew the attention of the Committee. Individuals were unable to claim violations of their economic, social and cultural rights emanating from the Covenant. The Committee also noted with concern that the Equal Treatment Act did not prohibit discrimination on all grounds prohibited by the Covenant. Furthermore, the Committee remained concerned that persons with the status of ‘non-citizens’ still made up approximately seven per cent of the population. In addition, the Committee expressed concern about the discrimination against the Russian-speaking population who continued to be disproportionally affected by unemployment and poverty. Also, the Committee was concerned that in spite of efforts undertaken, a large proportion of persons with disabilities were still unemployed. The Committee noted with concern that, in spite of efforts undertaken, the number of persons living below the poverty line and those at risk of poverty remained high, particularly among non-Estonians.

The Committee recommended that the State party adopt the necessary legislative amendments so as to prohibit discrimination on all grounds prohibited by article 2(2). The Committee also recommended that the State party intensify its effort to facilitate the acquisition of Estonian citizenship by persons with the status of ‘non-citizens’. Furthermore, the Committee called on the State party to intensify its effort to address the persistent disadvantages faced by the Russian-speaking population in the enjoyment of economic, social and cultural rights, and to ensure that strategies and policies adopted in this regard address both formal and substantive discrimination. The Committee urged the State party to take all necessary measures to ensure an effective enforcement of legislation on gender equality in employment. The Committee recommended that the State party formulate and implement policies and strategies to reduce poverty.

Israel

Regarding the third periodic report of Israel, the Committee noted the positive and constructive engagement of the State party with the Committee. However, the Committee reminded the State party, while noting its serious security concerns, of its obligation to report and to fully guarantee and implement the Covenant rights for all persons in all territories under its effective control. The Committee noted with appreciation several positive changes made to increase the implementation of the Convention, such as the enactment in July 2011 by the Knesset of the National Council for Nutrition Security Law, the rendering of the Supreme Court in June 2011 of a decision affirming that access to water was a basic human right, and the ruling by the High Court of Justice in February 2011 determining that the Ministry of Education was required to take measures to promote the right to education for children in East Jerusalem.

The Committee regretted that the State party had not incorporated yet the rights of the Covenant in its domestic legal order, and did not have an independent national human rights institution. The Committee further regretted the lack of employment opportunities in towns and villages for Arab Israelis. The Committee was concerned about serious obstacles to the enjoyment of the right to work of Palestinians in the West Bank whose agricultural land had been rendered inaccessible or difficult to reach by the construction of the Wall and the limited allocation of permits and opening times of the Wall gates; and Palestinian farmers in the Gaza Strip whose agricultural land lay in or near the buffer zone. The Committee also regretted that domestic violence was not defined as a crime in the State party; and that the Citizenship and Entry into Israel Law 5763-2003, as amended in 2005 and 2007, imposed severe restrictions on family reunification.

The Committee called upon the State party to take measures to eliminate inequalities in wages between Jews and Arab Israelis, to put a stop to the revocation of residency permits of Palestinians living in East Jerusalem, and to take measures enabling the Palestinian Authority to exercise its functions emanating from the 1993 Agreement. The Committee also urged the State party to ensure unrestricted access to health facilities, goods and services for Palestinians living in the Occupied Palestinian Territories. It urged the State party to ensure that Palestinians enjoy unimpeded access to their agricultural lands in all their territories, and recommended that the State party clearly demarcate the buffer zone to the extent strictly necessary to address its security concerns. The Committee recommended that the investigations of the killings and injuries of workers be conducted in the buffer zone, providing victims with adequate remedy.

Turkmenistan

After a review of the initial report of Turkmenistan, the Committee noted with appreciation the ratification by the State party of the Optional Protocol to the Convention on the Rights of Persons with Disabilities, the ratification of the International Labour Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, the World Health Organization Framework Convention on Tobacco Control, and the United Nations Convention on the Status of Stateless Persons.

The Committee noted that the country was currently undertaking large-scale reforms but regretted not having received sufficient information on the integration of the Covenant in relevant domestic laws and policies. Also, the State party did not have an independent National Human Rights Institution since its National Institute of Democracy and Human Rights, established in the Office of the President, did not conform to the Paris Principles. Further areas of concern include the negative consequences of the policy of “Turkmenisation” which set out preference for persons of Turkmen origin and resulted in discrimination against national and ethnic minorities, especially in the field of education and employment. The Committee was concerned about strong negative traditional attitudes or practices and deep-rooted stereotypes which discriminated against women and were root causes for the disadvantaged position of women in a number of areas affecting their enjoyment of economic, social and cultural rights. Furthermore, the Committee was concerned at the high level of unemployment in the State party, and that the absence of independent trade unions may lead to various violations of workers’ rights. The Committee was also concerned about the absence of specific legislation on all forms of violence against women, including on criminalizing domestic violence and marital rape.

The Committee recommended that the State party take into account the Covenant while formulating reforms and consider establishing an independent national human rights institution. It further recommended that the State party take all necessary measures to address discrimination against national and ethnic minorities resulting from the State party’s policy of “Turkmenisation”. The Committee urged the State party to enhance the access to employment and to address the high rate of unemployment; and recommended that the State party remove all impediments for creating trade union organizations outside of the National Trade Union Centre. The Committee urged the State party to adopt specific legislation criminalizing domestic violence and marital rape, and to take all necessary measures in order to prevent child marriages from occurring. The Committee further urged the State party to refrain from forcibly relocating or evicting individuals.

Cameroon

With regard to the combined second and third periodic reports of Cameroon, the Committee welcomed the ratification of the Optional Protocol to the Convention on the Elimination of Discrimination against Women, as well as the introduction of a law making primary education free, the additional funds provided for the heath sector, the law protecting and promoting the rights of persons with disabilities, the opening of 60 centers dealing with HIV/AIDS and the opening of centers dealing with tuberculosis, the extension of sanitary infrastructures, the ratification of the World Health Organization Framework Convention on Tobacco Control, and the adoption of a law enabling the State party to better respect the Paris Principles when it came to their National Human Rights Institution.

However, the areas of concern raised by the Committee were the following: widespread corruption, the fact that certain indigenous groups could not enjoy their economic, social and cultural rights, the lack of a policy supporting these groups, the difficulties faced by persons with disabilities in the areas of education and labour, situations of forced labour in prisons, minimum wage not ensuring a decent living, minimum working age being set at 14, the existence of legal provisions that discriminate against women, the lack of criminalization of domestic violence, female genital mutilation and sexual harassment. The Committee furthermore expressed deep concern over the levels of poverty, the lack of proper housing, forced expulsions, the lack of access to water despite the State party’s efforts, the frequency of cholera epidemics, the high level of HIV/AIDS prevalence, and the forced displacement of indigenous peoples such as the Baka community and the Mbororo community.

Thus the Committee recommended that the State party incorporate the rights enshrined in the Covenant in its domestic legal system, fight corruption, adopt an anti-discrimination law, and implement efficient measures to promote the right of indigenous populations to have a decent standard of living. Furthermore, the Committee recommended that the State party allocate more funds for the realization of the rights of persons with disabilities, abolish the sentence of forced labour, make sure that labour conditions in plantations are decent, adapt its legislation on child labour, adopt laws against domestic violence, female genital mutilation and sexual harassment. In addition, the Committee urged the State party to fight poverty, especially in rural areas, to develop an action plan in order to deal with the housing issue, to ensure access to ancestral land to indigenous peoples and to improve access to drinking water. The Committee also urged the State party to ensure a better access to generic medication.

Argentina

Regarding the third periodic report of Argentina, the Committee welcomed the ratification by the State party of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 24 October 2011. The Committee noted with appreciation the inclusion for the first time in 2010 of a question based on self-identification of Argentinians of African descent in the National Census, the Migration Law which protects the right of all migrants, including those in an irregular situation, to free access to education and health services, the National Law on Mental Health promoting community-based health services and guaranteeing an interdisciplinary approach, the Equal Marriage Law giving inter alia same-sex couples the same marital rights as heterosexuals, the Law on the protection of glaciers, and the Law on National Education which inter alia allocates 6% of the GDP for education purposes.

The Committee noted with concern that Law 26.160/26.554, regarding the possession and ownership of lands traditionally occupied by indigenous peoples was not fully implemented; there were delays in providing indigenous communities with ownership titles to such lands or territories. The Committee was particularly concerned by the negative consequences of lithium exploitation in Salinas Grandes on the environment, access to water, way of life and subsistence of indigenous communities. The Committee was concerned about instances in which security forces and agents, both public and private, resorted to reprisals and disproportionate use of force against persons participating in activities in defence of economic, social and cultural rights, in particular in the context of land disputes. The Committee reiterated its concern about continuing inequalities between men and women in the area of employment, and about the lack of access to the social security system for migrant workers.

The Committee recommended that the State party undertake the necessary measures to stop violations of the rights of indigenous peoples and that it hold accountable those responsible for such unlawful acts. It urged the State party to always enter into effective consultations with indigenous communities before granting concessions for the economic exploitation of the lands and territories traditionally occupied or used by them to State-owned companies or third parties. The Committee urged the State party to protect social activists and human rights defenders against any form of intimidation, threat and disproportionate use of force. The Committee strongly called upon the State party to approve and apply legislative measures which specifically prohibit sexual harassment in the workplace. The Committee also recommended that the State party accelerate the process of revising its legislation on combating human trafficking to international standards.

For use of the information media; not an official record

ESC11/018E