COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTIETH SESSION

CESCR
30th session
23 May 2003




Issues Final Conclusions on Reports of Luxembourg,
New Zealand, Iceland, Brazil and Israel



The Committee on Economic, Social and Cultural Rights concluded today its three-week spring session, adopting its final conclusions and recommendations on reports of Luxembourg, New Zealand, Iceland, Brazil and Israel.
The five countries are among the 146 States parties to the International Covenant on Economic, Social and Cultural Rights and 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 positive developments in the third periodic report of Luxembourg, the Committee noted the State party's continuing efforts to comply with its obligations under the International Covenant and the overall high level of protection afforded to economic, social and cultural rights. Among other things, the Committee regretted that the Luxembourg still had not revised the Constitution in order to include the principle of equality between women and men. It recommended, among other things, that the State party intensify efforts to reduce the unemployment rate among young people.
Among positive aspects to the second periodic report of New Zealand, the Committee welcomed the efforts undertaken by the State party to ensure the enjoyment of indigenous Maori people of their rights under the Covenant. It was concerned, among other things, about the relatively high unemployment rate among young people. It recommended, among other things, that the State party continue and intensify programmes to reduce inequality between men and women in the work place.
The Committee termed positive in the third periodic report of Iceland, among other things, the adoption of new legislation on the Public Health Institute that sought to promote public health in Iceland and to implement a National Health Policy. Among other things, it was concerned that inequality between men and women continued to exist, particularly with respect of wages. It recommended, among other things, that the State party take effective measures to address the high level of alcohol and drug consumption.
Responding to an initial report of Brazil, the Committee welcomed among positive factors the programme "Zero Hunger" which was aimed at eradicating hunger which affected a substantial portion of the population. It was concerned about the persistent and extreme inequalities among the various geographic regions, states and municipalities and the social injustice prevalent in the State party. It recommended, among other things, that urgent measures be undertaken to ensure equal opportunity for Afro-Brazilians, indigenous peoples and minority groups.
Among positive aspects to the second periodic report of Israel, the Committee noted the steps undertaken by the State party to implement the Multiyear Plan for the Development of Arab Sector Communities, aimed at closing the gap between Jews and Arabs. The Committee said it was particularly concerned, among other things, about information received concerning the construction of a "safety fence" around the occupied territories. Among its recommendations, the Committee requested that the State party provide more extensive information on the enjoyment of economic, social and cultural rights by those living in the occupied territories.
Also during the session, the Committee held a discussion with two Special Rapporteurs of the Commission on Human Rights, on the right to adequate food and the right to adequate housing. It also discussed a draft general comment on "the equal right of men and women to the enjoyment of all economic, social and cultural rights", which would be adopted during its thirty-first session.
The United Nations High Commissioner for Human Rights, Sergio Vieira de Mello, addressed the Committee, saying that the many conflicts in the world, and in particular the war in Iraq, demonstrated clearly how the denial and violation of economic, social and cultural rights negatively affected a country and its people. The adverse effect of a sanctions regime, combined with a Government that did not give human rights issues high priority, had violated the economic, social and cultural rights of the Iraqi people, he said.
Also over the course of the session, the Committee addressed a letter to the High Commissioner for Human Rights, rejecting the Secretary-General's proposal of having a single consolidated report on all human rights treaties, saying that it would not be the appropriate manner of addressing the problems faced by the treaty system and the States parties to the various human rights instruments.
The next session of the Committee will take place from 10 to 28 November 2003 in Geneva. The Committee is expected to consider reports of Moldova, Yemen, the Russian Federation, Guatemala and the Democratic People's Republic of Korea.

Final Conclusions on the Report of Luxembourg
Among positive aspects in the report of Luxembourg, the Committee noted with appreciation the State party’s continuing efforts to comply with its obligations under the Covenant and the overall high level of protection afforded to economic, social and cultural rights in Luxembourg. It also noted with satisfaction that Luxembourg allocated more than 0.7 per cent of its gross domestic product to Overseas Development Assistance (ODA). The Committee welcomed the establishment in 2000 of the Consultative Commission on Human Rights, charged with advising the Government on all questions concerning human rights, including economic, social and cultural rights; the low unemployment rate; the State party’s ratification of ILO Convention No. 111 concerning discrimination in respect of employment and occupation; the measures taken by the State party to promote equality between women and men at the work place; and the measures undertaken by the State party to combat trafficking in persons, child pornography and sexual exploitation of women and children.
Among its concerns, the Committee regretted that the Covenant rights had not been invoked before the courts. It was concerned about the considerable length of time taken to process applications for asylum; that the State party still had not revised the Constitution in order to include the principle of equality between women and men; that the draft law (no. 4827) introduced on 27 July 2001 regarding the integration of persons with disabilities into the labour market had still not been adopted; that there had been a recent increase in unemployment, which seemed to mainly affect young people; that the State party had not ratified a number of ILO Conventions in the area of labour rights and social security, including Conventions Nos. 117, 118 and 122; and that women were still underrepresented in the work force. The Committee remained concerned about the terminological distinction between “legitimate” and “natural” children in the civil code; about adolescent health problems, owing in particular to drug abuse and high rates of alcohol and tobacco consumption; and about the high incidence of suicide in the State party, especially among young people.
The Committee recommended, among other things, that effective measures be taken by the State party to ensure that legal and judicial training would take full account of the justiciability of Covenant rights and promote the use of the Covenant as a source of law in domestic courts. It recommended that the State party take effective measures to expedite the processing of applications for asylum; that constitutional reform be approved to guarantee the principle of equality between women and men; that the adoption of draft law no. 4827 regarding the integration of persons with disabilities into the labour market be accelerated; that efforts be intensified to reduce the unemployment rate among young people; that the State party ensure that a prisoner might only perform work for a private enterprise when such work had been consented to; and that the State party increase the level of participation of women in the labour market and ensure equal treatment between women and men, including equal remuneration for work of equal value.
The Committee also recommended that the reference to “legitimate” and “natural” children in the civil code be replaced by that of “children born in wedlock” and “children born out of wedlock” respectively; that efforts be strengthened to prevent and combat drug abuse; that measures be taken to address the high incidence of suicide; and that efforts be continued and strengthened to support and subsidize cultural associations, including those of migrants.

Final Conclusions on the Report of New Zealand
Among positive aspects in the report of New Zealand, the Committee noted with appreciation the State party’s continuing efforts to comply with its obligations under the International Covenant on Economic, Social and Cultural Rights; and the efforts undertaken by the State party to ensure the enjoyment by indigenous Maori people of their rights under the Covenant. It welcomed the introduction of new legislation providing for a Government-funded parental leave scheme, whereby 12 weeks of paid parental leave was granted to either parent.
The Committee was concerned, among other things, about the relatively high unemployment rate among young people; that the State party had not ratified a number of ILO conventions in the area of labour and social security rights; about the persistence of a gap between the wages of women and men, in contradiction with the principle of equal pay for work of equal value; about the persistence of the phenomenon of violence among all socio-economic groups and especially among the indigenous Maori people; about the relatively high suicide rate, especially among young people; that the general health situation of Maoris continued to be comparatively worse than that of other people in the State party; and about persistent inequalities between the Maori and non-Maori people in access to education.
Among its recommendations, the Committee encouraged the State party to reconsider its position regarding the justiciability of economic, social and cultural rights; and to strengthen efforts to reduce unemployment among young people. It encouraged the State party to ratify ILO Conventions Nos. 87, 117 and 118 and to withdraw its reservation to article 8 of the Covenant; to continue and intensify programmes to reduce inequality between men and women in the work place, including ensuring equal pay for work of equal value; to take measures to combat domestic violence be intensified; to take effective measures to address the relatively high suicide rate, particularly among young people; and to adopt a national plan to combat poverty with clear indicators to assess its impact on the incidence of poverty, in particular among disadvantaged and marginalized groups, the indigenous Maori people and Pacific Islanders.
The Committee requested the State party to adopt effective measures to improve the health situation of the indigenous Maori people; recommended that efforts be strengthened to ensure equitable access to health services in both rural and remote areas; and urged the State party to take remedial action to ensure that the indigenous Maori people had equal access to education.

Final Conclusions on the Report of Iceland
Among positive aspects concerning the third periodic report of Iceland, the Committee welcomed the recent court practice in the State party whereby constitutional provisions were interpreted in the light of its international obligations; the adoption of new legislation on the Public Health Institute that sought to promote public health in Iceland and to implement a National Health Policy; the new Act on Maternity, Paternity and Parental Leave, which reconciled family life and work; and the amendments enacted in the Tobacco Prevention Act, the objective of which was to reduce the consumption of tobacco products by imposing supplementary restrictions on their sale and by reinforcing the prohibition of their advertisement.
Among its concerns, the Committee regretted that the State party had not given full effect to the Covenant provisions in its domestic legal order; and that it devoted only 0.16 per cent of its gross domestic product (GDP) to international cooperation, while the United Nations’ recommendation in that regard was 0.7 per cent for developed countries. The Committee noted with concern that inequality between men and women continued to exist, particularly with respect to wages. It was also concerned about the lack of disaggregated statistical data on people with disabilities in employment; that a relatively high rate of occupational accidents still occurred on land and at sea; about the persistent problem of domestic violence; about the existence of poverty and social exclusion, in spite of the efforts undertaken to combat the phenomena; and about the high level of alcohol and drug consumption, in particular among young people.
The Committee recommended, among other things, that the State party continue its activities in the area of international cooperation and increase its contribution to 0.7 per cent of its GDP; take into account the provisions of the Covenant in its bilateral project agreements with other countries; intensify its efforts to ensure that women and men enjoyed full and equal participation in the labour market, particularly in terms of equal pay for work of equal value; continue its efforts to implement current policies and programmes aimed at improving access to employment and improving the working conditions of people with disabilities; enhance its efforts to reduce the frequency of occupational accidents; ratify ILO Conventions; adopt specific legislation on domestic violence; pursue efforts to combat poverty and social exclusion; take effective measures to address the high level of alcohol and drug consumption; and raise awareness about human rights, in particular about economic, social and cultural rights, among State officials, the judiciary and other actors responsible for the implementation of the Covenant.

Final Conclusions on the Report of Brazil
The Committee noted among the positive aspects in the initial report of Brazil the adoption of a National Human Rights Programme in May 1996 and the creation of a Secretariat of State for Human Rights to monitor its implementation; the incorporation in the Federal Constitution adopted in 1988 of a wide range of human rights; the adoption of the new civil code in 2002, which replaced the one of 1916 and established the principle of equality between men and women; the new programmes adopted by the State party to combat discrimination; the progress made in combating racial prejudices and barriers, which was illustrated by the appointment of persons of Afro-Brazilian origin to positions of high public office, on the basis of their professional merits and qualifications; the programme “Fome Zero” -- "Zero Hunger" -- undertaken by the State party aimed at eradicating hunger which affected a substantial portion of the population; the efforts made to reduce the rate of mortality caused by HIV/AIDS by 50 per cent since 1996; and the pro-active participation of civil society in monitoring the implementation of the Covenant.
Among its concerns, the Committee noted the persistent and extreme inequalities among the various geographic regions, states and municipalities and the social injustice prevalent in the State party. It was also concerned about imbalances in the distribution of resources and income and access to basic services; about the lack of adequate human rights training; about the widespread and deeply-rooted discrimination against Afro-Brazilians, indigenous people and minority groups such as Gypsies and the Quilombo communities; about the widespread discrimination against women; about the persistence of forced labour; about the insufficient national minimum wage that did not ensure an adequate standard of living for workers and their families; about the killing of landless farmers and the members of trade unions defending them, and the impunity by which those crimes were committed; about the high rate of maternal mortality due to illegal abortions; about the widespread sexual and domestic violence; about the high incidence of trafficking in women for the purpose of commercial sexual exploitation; about the persistence of poverty; about the insufficient protection for indigenous peoples, who continued to be forcibly evicted from their lands and faced threats to their lives and even executions; about the living conditions of prisoners and detainees; and about the high concentration of land in the hands of a minority, and its negative effects on the equitable distribution of wealth.
The Committee recommended that the State party, among other things, take immediate remedial action to reduce the persistent and extreme inequalities and imbalances in the distribution of resources and income; improve its human rights training programmes; take all effective measures to prohibit discrimination on the basis of race, colour, ethnic origin or sex in all fields of economic, social and cultural life; undertake urgent measures to ensure equal opportunity for Afro-Brazilians, indigenous peoples and minority groups; adopt concrete measures to enable persons with disabilities to enjoy fully the rights guaranteed by the Covenant; adopt all effective measures to ensure equality between men and women; implement its National Plan for the Eradication of Slave Labour and undertake urgent measures in that regard; ensure that the minimum wage enabled workers and their families to enjoy an adequate standard of living; take legal action against those who were responsible for committing crimes against landless farmers and members of trade unions; repeal all discriminatory provisions contained in the Penal Code; take all effective measures to eliminate all forms of violence against women; take effective measures to combat the problem of poverty; and give effect to its National Housing Policy and its Federal housing programmes.

Final Conclusions on the Report of Israel
Among positive aspects to the second periodic report of Israel, the Committee welcomed the steps undertaken by the State party to implement the Multiyear Plan for the Development of Arab Sector Communities (2000), aimed at closing the gap between Jews and Arabs by promoting equality in the enjoyment of economic, social and cultural rights. It noted the various affirmative action measures taken with respect to various disadvantaged segments of the population; appreciated that plaintiffs seeking remedy for alleged violations of economic, social and cultural rights had access to and could make use of the judiciary system; welcomed the improvements in the conditions for foreign workers; and noted the efforts undertaken by the State party to address the problem of trafficking and exploitation of persons.
Among its concerns, the Committee reiterated its regret at the State party’s refusal to report on the occupied territories. It said it was deeply concerned about the continuing difference in treatment between Jews and non-Jews, in particular Arab and Bedouin communities, with regard to their enjoyment of economic, social and cultural rights in the State party’s territory. It was also concerned about the status of “Jewish nationality”, which was a ground for exclusive preferential treatment for persons of Jewish nationality under the Israeli Law of Return, granting them automatic citizenship and financial benefits; about the refusal of the State party to provide additional information on the living conditions of population groups other than Israeli settlers in the occupied territories; about the deplorable living conditions of the Palestinians in the occupied territories; about the rate of unemployment in the occupied territories, which was over 50 per cent as a result of the closures which had prevented Palestinians from working in Israel; and about the persisting inequality in wages of Jews and Arabs in Israel.
The Committee was particularly concerned about information received concerning the construction of a “security fence” around the occupied territories; and about limited access to, distribution and availability of water for Palestinians in the occupied territories. It reiterated its grave concern about the continuing practices by the State party of home demolitions, land confiscations and restrictions on residency rights.
Among other things, the Committee recommended that the State party take into consideration the subjects of concern and give effect to the recommendations raised in its 1998 and 2001 concluding observations; and that it undertake steps towards the incorporation of the Covenant and its provisions in the domestic legal order. The Committee recognized that the State party had serious security concerns, which should be balanced with its efforts to comply with its obligations under international human rights law. However, the Committee reaffirmed its view that the State party’s obligations under the Covenant applied to all territories and populations under its effective control. It requested that the State party provide more extensive information on the enjoyment of economic, social and cultural rights enshrined in the Covenant by those living in the occupied territories in its next periodic report.

International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant.
Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.

States Parties to the Covenant
The Covenant has been ratified or acceded to by 146 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Eritrea, Ethiopia, former Yugoslav Republic of Macedonia, Finland, France, Gabon, Gambia, Germany, Georgia, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.

Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by the Economic and Social Council by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following Experts: Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Chokila Iyer (India), Azzouz Kerdoun (Algeria),Yuri Kolosov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Riedel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), and Alvaro Tirado Mejia (Colombia).
Ms. Bonoan-Dandan is Chairperson. Vice-Chairpersons are Mr. Marchand Romero, Mr. Riedel and Mr. Kerdoun. The Rapporteur is Mr. Ceausu.



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