Committee on Economic, Social and cultural rights concludes twenty-ninth session

CESCR
29th session
29 November 2002



Issues Conclusions on Reports of the Slovak Republic,
Poland, Georgia, the Solomon Islands and Estonia



The Committee on Economic, Social and Cultural Rights concluded today a three-week autumn session, adopting conclusions and recommendations on reports of the Slovak Republic, Poland, Georgia, the Solomon Islands and Estonia.
The five countries are among the 145 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 Slovak Republic, the Committee noted the emerging of Slovakia as a donor country for development assistance. Among other things, the Committee expressed concern about discrimination against Roma in the fields of employment, housing, health care and education. It recommended, among other things, that the State party formulate and implement a comprehensive national plan of action for the protection and promotion of human rights.
Among positive aspects to the fourth periodic report of Poland, the Committee welcomed the establishment in November 2001 of a Government Plenipotentiary for Equal Gender Status with the responsibility of promoting the principle of equality between men and women. It expressed concern, among other things, about a recent increase in xenophobic manifestations and acts of violence against certain minorities, in particular Jews and Roma. Among other things, the Committee recommended that the State party formulate and implement a comprehensive national plan of action for the protection and promotion of human rights.
Responding to a second periodic report of Georgia, the Committee welcomed among positive factors the efforts of the country to comply with its obligations under the international human rights instruments to which it was a State party. Among other things, the panel said it was deeply concerned that Georgia had not been able to address adequately widespread and rampant corruption. It recommended, among other things, that steps be intensified to ensure the right to work and the right to just and favourable conditions of work.
Among positive aspects to the initial report of the Solomon Islands, the Committee noted the establishment of a technical cooperation agreement between the Office of the High Commissioner for Human Rights and the Government. Among its concerns, the Committee said that women were inadequately represented at all levels of State decision-making bodies, and that patriarchal attitudes persisted in society. It recommended, among other things, that effective legislative and administrative measures be taken to protect members of the family, particularly women and children, from domestic violence.
The Committee termed positive in the initial report of Estonia, among other things, significant steps taken by the country to bring legislation into harmony with international human-rights norms and in particular with the provisions of the International Covenant on Economic, Social and Cultural Rights. Concern was expressed, among other things, that convicted prisoners were required to perform forced or compulsory work, since they faced penalties in the form of loss of privileges, such as early release, for not doing so. Among the Committee's recommendations were that adequate and affordable health care should be accessible and available to everyone; and that efforts should be intensified to control the spread of HIV/AIDS and tuberculosis.
Also during the session, the Committee adopted a General Comment on the right to water, noting that over 1 billion people lacked access to a basic water supply, while several billion lacked access to adequate sanitation, the primary cause of water contamination and diseases linked to water. A general discussion was held before the Committee adopted the text.
The Committee also adopted a joint statement with the Commission on Human Rights' Special Rapporteurs whose mandates relate to economic, social and cultural rights, focusing on the Millennium Development Goals and emphasizing that economic, social and cultural rights should be a criteria when establishing tools for measuring progress towards achievement of the Goals.
The United Nations High Commissioner for Human Rights, Sergio Vieira de Mello, addressed the Committee, saying that he well understood the link between the elimination of poverty and hunger and the realization of key economic, social and cultural rights. Nothing less than such realization would do if one wished to have a world that valued human dignity, he said.
Also over the course of the session, Committee Chairperson Virginia Bonoan-Dandan suggested that an annual "World Human Rights Report" be published by the Office of the High Commissioner for Human Rights to increase public visibility of the Office's activities.
The next session of the Committee will be from 5 to 23 May 2003, in Geneva. The Committee is expected to consider reports of Moldova, Luxembourg, Israel, Brazil and New Zealand.
Concluding Observations and Recommendations on Country Reports

Slovak Republic
Among positive aspects to the initial report of the Slovak Republic, the Committee noted an amendment to article 7(5) of the Constitution, pursuant to which the Covenant took precedence over the domestic laws and might be invoked before the courts; the emerging of the State party as a donor country for development assistance; the establishment in 1996 of a Coordination Committee on Women's Issues and of an Equal Opportunity Department in 1999; and the establishment of an Ombudsman's office in 2001 together with the election of the first Ombudsman in March 2002.
Among subjects of concern, the Committee cited discrimination against Roma in the fields of employment, housing, health care and education; a large disparity between the wages of men and women; restrictive legislative measures in place concerning the right to strike; a persistent problem of trafficking in women as well as sexual exploitation of women and children in the country; a high rate of tobacco use and alcohol consumption among adults; and a low rate of primary school enrolment and a high drop-out rate at secondary schools among Roman children.
The Committee recommended, among other things, that the State party formulate and implement a comprehensive national plan of action for the protection and promotion of human rights; that concrete measures be taken to combat and eliminate discrimination against groups of minorities, in particular against Roma; that effective measures be taken to reduce the unemployment rate, in particular among women, Roma and other disadvantaged or marginalized groups; that recently adopted measures be implemented effectively to ensure equal pay for work of equal value; that legislation on domestic violence be enforced and appropriate measures be taken to give the required assistance to victims of domestic violence; that effective measures be adopted to reduce tobacco smoking and alcohol consumption; and that efforts be intensified to increase the school attendance of Roma children.

Poland
The Committee noted among positive aspects to Poland's fourth periodic report a range of measures undertaken in accordance with the Committee's previous recommendations. It commended Poland for its ongoing process to bring legislation into harmony with the provisions of the Covenant and for the specific measures it had taken to ensure the enjoyment of economic, social and cultural rights. It welcomed the establishment in November 2001 of a Government Plenipotentiary for Equal Gender Status with the responsibility of promoting the principle of equality between men and women; the adoption of a Charter of Disabled Persons' Rights; and initiatives undertaken to reduce the consumption of alcohol and tobacco.
The Committee expressed concern, among other things, about a recent increase in xenophobic manifestations and acts of violence against certain minorities, in particular Jews and Roma; about high unemployment, which had steadily increased since the consideration of the last periodic report and which currently affected 17 per cent of the active population; about a discrepancy that persisted between law and actual practice with respect to equal remuneration for work of equal value performed by men and women; about a lack of specific regulations against sexual harassment; about the insufficiency of the minimum wage to provide a worker and his or her family with a decent standard of living; about a widespread incidence of child labour in rural areas; about a high number of reported cases of domestic violence; about still-existing legislation containing restrictions on civil servants' right to join trade union and to strike; about a rising incidence of trafficking in women for the purpose of sexual exploitation; and about a high number of people suffering from mental illness.
Among other things, the Committee recommended that Poland formulate and implement a comprehensive national plan of action for the protection and promotion of human rights; that it provide information on the Roma population and adopt a comprehensive programme to address the obstacles to the advancement of that population, including measures to ensure effective remedy for cases of discrimination against Roma in employment, housing and health care; that effective protection of the rights for migrant workers and their families be ensured; that sexual harassment be prohibited by law; that efforts be intensified to ensure that occupational safety legislation was properly implemented; that effective measures be taken against trafficking in women, including ensuring that those responsible for trafficking were prosecuted; that the level of poverty be closely monitored; that conditions for permissible forced evictions be specified in law; that the situation of the high level of deaths caused by cardiovascular diseases be closely monitored; and that information on legislation and programmes concerning persons with HIV/AIDS be provided in Poland's next periodic report to the Committee.

Georgia
Among positive aspects to the second periodic report of Georgia, the Committee noted national efforts to comply with obligations under the international human rights instruments to which the country was a State party; and a growth in agricultural production which had increased national food security.
Among subjects of concern, the Committee noted that despite the international assistance the State party was receiving, it had been unable to comply with most of the recommendations in the Committee's previous concluding observations on the State party's initial report; that the Committee was deeply concerned that Georgia had not been able to address adequately widespread and rampant corruption; that the National Ombudsman was not able to function in an effective manner; that there was a deplorable situation for internally displaced persons; that salaries in the country were extremely low; that there was a high unemployment rate, particularly in rural areas and among young persons; that there was a high number of street children; and that there was a difficult situation for persons with mental illness, who, in addition to suffering social stigmatization, often resided in long-term psychiatric facilities where they lived in substandard conditions and received substandard treatment and care.
The Committee recommended, among other things, that Georgia take effective measures to combat corruption, and in particular to increase transparency and consultations at all levels of decision-making; that steps undertaken be intensified to ensure the right to work and the right to just and favourable conditions of work; that reform of the social security system be undertaken; that national plans of action on the advancement of women and on combatting domestic violence be implemented; that effective measures be implemented to combat trafficking in persons; that efforts should be made to improve the living conditions of the population; that effective measures be undertaken to improve living and working conditions in hospitals, to ensure adequate wages for medical staff, and to combat actively the practice of informal fees; that particular and adequate attention be devoted to improving the treatment and care of persons with mental illness; that preventive measures be taken against HIV/AIDS; and that measures be undertaken to ensure that access to free primary education was not impeded in reality by additional material costs and by informal fees.

Solomon Islands
Among positive aspects to the initial report of the Solomon Islands, the Committee noted the establishment of a technical cooperation agreement between the Office of the High Commissioner for Human Rights and the Government; the establishment of initiatives by the Government in the field of constitutional reform; and programmes strengthening the rule of law, supporting the truth and reconciliation process and strengthening civil society with the assistance of the international cooperation.
The Committee considered that the recent economic recession worsened by a high rate of generalized poverty and a subsistence economy, as well as social tension and political instability, had impeded the implementation of economic, social and cultural rights in the country.
Among its concerns, the Committee said that women were inadequately represented at all levels of decision-making bodies of the State party and patriarchal attitudes persisted in society; that the country had not ratified the ILO Conventions on economic, social and cultural rights; that the incidence of domestic violence against women was high; that malaria remained a major public health problem; that primary education was not compulsory; and that illiteracy was a grave problem, especially among women.
The Committee recommended, among other things, that a national plan of action for human rights be prepared; that all effective measures be taken to prohibit discrimination on the basis of nationality and sex in all fields; that effective legislative and administrative measures be taken to protect members of the family, particularly women and children, from domestic violence; that the problem of malnutrition be addressed; that the country seek international cooperation and assistance with a view to ensuring access to safe water and adequate sanitation; that steps be taken to ensure that all children were able to fully exercise their right to free and compulsory primary education; and that the State party fully integrate human rights, particularly economic, social and cultural rights, into its poverty-reduction strategies.

Estonia
Among positive aspects to the initial report of Estonia, the Committee cited significant steps taken by the country to bring its legislation into harmony with international human rights norms, in particular with the provisions of the International Covenant; the establishment in November 2001 of an Office of the Legal Chancellor; a recent reduction in unemployment; the adoption of a Trade Union Act in June 2000; measures undertaken to protect the rights of persons with disabilities; and the continuation of the provision of subsidies to cultural activities.
The Committee said it was concerned, among other things, that convicted prisoners were required to perform forced or compulsory work since they faced "penalties in the form of loss of privileges, such as early release", for not doing so; that there was a marked difference in the wages of men and women; that legislation on civil servants contained restrictions on the right to strike; that recent studies suggested that many cases of domestic violence still went unreported; that the incidence of trafficking in women was rising; that existing law authorized work for children between the ages of 13 and 15; and that the drop-out rate was high in primary and secondary schools.
Among its recommendations, the Committee urged the State party to intensify its efforts to encourage investment and development in the regions of Estonia that had the highest unemployment rate; that the State party undertake the necessary measures to ensure that the minimum wage was sufficient to secure a decent standard of living for workers and their families; that the necessary measures be undertaken to ensure the lowest level of unemployment benefit was sufficient to secure a decent standard of living; that efforts be intensified to combat domestic violence; that the level of poverty be monitored; that sufficient resources be allocated for the provision of social housing; that adequate and affordable health care be made accessible and available to everyone; that efforts be intensified to control the spread of HIV/AIDS and tuberculosis; and that effective implementation of national strategies and measures be ensured to address the problem of alcohol and tobacco abuse.

General Comment on Right to Water
The General Comment, which was adopted by the Committee at its autumn session, notes that water is a limited natural resource and is a public good fundamental to life and health. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries, the comment notes. Over 1 billion persons lack access to a basic water supply, while several billion lack access to adequate sanitation, the primary cause of water contamination and of diseases linked to water. The continuing contamination, depletion and unequal distribution of water resources is exacerbating existing poverty, the comment states, and States parties have the duty to progressively realize, without discrimination, the right to water.
The human right to water entitles everyone to sufficient, affordable, physically accessible, safe and acceptable water for personal and domestic uses, the text states. While those uses vary between cultures, an adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease, and to provide for consumption, cooking, personal and domestic hygienic requirements.
The right to water contains both freedom and entitlements, the general comment states. The freedoms include the right to maintain access to existing water supplies necessary for the right to water; and the right to be free from interference, such as the right to be free from arbitrary disconnections or contamination of water supplies. The elements of the right to water should be adequate for human dignity, life and health. The adequacy of water should not be interpreted narrowly, by mere reference to volumetric qualities and technologies. Water should be treated as a social and cultural good, and not primarily as an economic commodity. The manner of the realization of the right to water should also be sustainable, ensuring that the right could be realized for present and future generations.
The General Comment notes that States parties have a constant and continuing duty, in accordance with the obligation of progressive realization, to move expeditiously and effectively towards the full realization to the right to water. Realization of the right should be feasible and practicable, since all States parties exercise control over a broad range of resources, including water, technology, financial resources and international assistance.

The Millennium Development Goals and Economic, Social and Cultural Rights
In a joint statement by the Committee on Economic, Social and Cultural Rights and the United Nations Commission on Human Rights' Special Rapporteurs whose mandates related to economic, social and cultural rights, the Committee adopted the following text (extract):
"The Millennium Declaration sets the United Nations agenda for peace, security and development concerns in the 21st Century, including in the areas of environment, human rights and governance. The General Assembly called upon the whole UN system to assist Member States in the implementation of this declaration. In order to guide the UN system in this task, the Secretary-General prepared a 'road-map' for implementing goals, including Millennium Development Goals and Millennium Human Rights Goals, related to the Declaration.
"Recently, during the presentation of his first annual progress report on implementing the Millennium Declaration, the Secretary-General warned that prospects for reaching the Goals on current trends are uncertain, with marked differences between and within regions. He also stressed that insufficient progress was being made in meeting the broader objectives of the declaration, such as human rights, democracy and good governance.
"We believe that chances will improve if all UN agencies and governments will adopt a comprehensive human rights approach to realizing the Goals, including the formulation of the corresponding indicators.
"Economic, social and cultural rights provide principles and operational strategies to address the problems which are at the centre of the Goals: poverty, hunger, slum dwellers, education, gender inequality and disempowerment of women, child mortality, maternal ill-health, HIV/AIDS, and other communicable diseases, the need for environmental sustainability, including safe drinking water. Economic, social and cultural rights should be a criteria when establishing tools for measuring progress towards the achievement of the Millennium Development Goals. The concepts of progressive realization and resource availability enshrined in the International Covenant are important guidelines of any strategy which aims at meeting the Goals.
"We encourage all relevant actors, including governments and UN agencies, in their work on the Goals to ensure that the definition of indicators and setting of benchmarks is consistent with the existing voluntary accepted obligations of States to the international human rights instruments."

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 145 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, 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: Mahmoud Samir Ahmed (Egypt), Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), 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), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).



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