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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES TWENTY-SEVENTH SESSION
30 November 2001
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CESCR
27th session
30 November 2001
ROUND UP
Releases Concluding Observations and Recommendations
on Situations in Sweden, Colombia,
Algeria, France, Croatia and Jamaica
The Committee on Economic, Social and Cultural Rights today concluded its twenty-seventh session by issuing its concluding observations and recommendations on how the rights enshrined in the International Covenant on Economic, Social and Cultural Rights are protected in Sweden, Colombia, Algeria, France, Croatia and Jamaica whose reports were considered by the Committee during its three-week session. These countries are among the 145 States parties to the Covenant, which entered into force on 3 January 1976.
Following its review of the situation of economic, social and cultural rights in Sweden, the Committee noted with satisfaction the sustained efforts of the State party to combat racism and other forms of intolerance; and it acknowledged that the State party for many years had allocated 0.7 per cent or more of its Gross Domestic Production (GDP) to development assistance. The Committee expressed concern about the persisting unclear situation with regard to the Sami land rights; regretted that the State party had not yet ratified ILO Convention 169 on indigenous and tribal peoples; and expressed concern about the increasing number of complaints concerning discrimination on ethnic grounds at the workplace. It recommended, among other things, that the State party consider the creation of a National Human Rights Institution which would deal with the protection and promotion of all human rights, including economic, social and cultural rights.
With regard to the situation in Colombia, the Committee welcomed the national development plan 1998-2002 "Change for Building Peace"; the enactment of a law in 1997 on principles regulating internal displacement; and the adoption in June 2000 of legislation which amended the Labour Code. The Committee was concerned about the personnel safety of workers and particularly of trade union representatives who were at high risk of being exposed to physical violence, including murder; and noted that more than 1,500 trade union members were killed between 1991 and 2001. The Committee recommended, among other things, that the State party immediately address the problem of internally displaced persons; take steps to reduce its high unemployment rate; and guarantee full access by indigenous peoples and Afro-Colombian communities to economic, social and cultural rights.
As part of positive aspects in the situation in Algeria, the Committee commended Algeria's establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the mandate of which extended to economic, social and cultural rights; and among factors and difficulties impeding the implementation of the Covenant, the Committee took note of the general climate of violence that had prevailed in Algeria since 1992, as well as the political and economic crisis. It recommended that the language and culture of the Amazigh population be preserved; that the State party undertake a radical reform of the Family Code on the basis of full recognition of the rights of women; that the State party adopt a national strategy to combat family violence; and that Algeria take all necessary measures in order to lower maternal and infant mortality rates.
With regard to France, the Committee appreciated the efforts by the State party to address unemployment by creating new jobs; welcomed the recent decisions convicting perpetrators of female genital mutilation; and commended the State party for its campaign against alcohol and tobacco abuse, especially among young people. Among its concerns, the Committee said that the Official Development Aid (ODA) as a percentage of the GNP had been in a decline since the 1980s despite the healthy macroeconomic situation of the country in recent years. The Committee recommended, among other things, that the State party review its position with regard to minorities in France, and expand the enjoyment of economic, social and cultural rights of minorities; and in addition to its present campaigns to aid the homeless, especially during the winter months, that the State party devote particular attention to raising awareness about the phenomenon.
Concerning Croatia, the Committee noted as positive aspects that many of the pre-independent laws and post-independent transitional measures were being amended or superseded by new laws that better conformed to international human rights principles. Among its concerns, the Committee said that the measures to promote ethnic harmony appeared to be inadequate and were impeded by continued application of discriminatory laws, policies and practices; and that many displaced ethnic Serbs continued to face legal and administrative difficulties in attempting to repossess their former homes. The Committee recommended, among other things, that the State party undertake a comprehensive review of the phenomenon of all forms of discrimination; and that it take effective measures to accelerate the return and integration into Croatian society of all Croatian refugees without discrimination.
And concerning the report of Jamaica, which was reviewed in the absence of a Government delegation, the Committee considered as positive aspects the efforts of the State party to create national action plans for women, and the legislative and policy measures it had adopted to improve the status of women in Jamaica. Cited among factors and difficulties impeding the implementation of the Covenant were the consequences of the 1995-1996 financial crisis, inflation and the increasing cost of servicing a public debt that reached in excess of 140 per cent of GDP in March 2000, which had seriously affected the capacity of the State party to implement the Covenant. It expressed concern about the consequences of sex tourism that included the sexual exploitation and prostitution of women and children; and it was alarmed that HIV/AIDS was currently the leading cause of death in Jamaica. The Committee recommended, among other things, that the State party provide proper vocational training and education for men and women in order to enhance their employment opportunities.
Also during this session, the Committee adopted a statement on intellectual property and human rights, emphasizing that it recognized the broad significance of creation, ownership and control of intellectual property in a knowledge-based economy and the means it could afford for promoting the enjoyment of human rights, in particular the rights under the International Covenant. The allocation rights over intellectual property had significant economic, social and cultural consequences that might affect the enjoyment of human rights.
The statement said that article 15.1c of the Covenant, together with article 27 of the Universal Declaration on Human Rights, required the protection of the moral and material interests of authors in their works with the right of everyone to enjoy the benefits of scientific advancement and other cultural rights. The Committee considered that those intellectual property rights should be placed along with the right to take part in cultural life and to enjoy the benefits of scientific progress and its application.
The next session of the Committee will be held in Geneva from 29 April to 17 May 2002 during which it is scheduled to examine the reports of the Czech Republic, Benin, Ireland, Trinidad and Tobago and the United Kingdom.
Conclusions and Recommendations on Country Reports
Sweden
Among positive aspects in the report Sweden, the Committee warmly welcomed the creation of an interdepartmental working group to elaborate a national Plan of Action for Human Rights and that it was drawn up with the broad participation of civil society, and that economic, social and cultural rights would be addressed. It also noted with satisfaction the sustained efforts of the State party to combat racism, xenophobia, anti-Semitism and other forms of intolerance in the country through a variety of measures; it acknowledged that the State party for many years had allocated 0.7 per cent or more of its GDP to development assistance; it also noted with satisfaction the policies and measures aimed at reducing unemployment and at improving the situation on the labour market; the efforts to combat domestic violence; and the commitment to combat prostitution by strengthening efforts to prevent trafficking in persons.
The Committee, among other things, expressed concern about the persisting unclear situation with regard to the Sami land rights; regretted that the State party had not yet ratified ILO Convention 169 on indigenous and tribal peoples; and expressed concern about the increasing number of complaints concerning discrimination on ethnic grounds at the workplace. The Committee regretted that sexual exploitation of minors and women committed by Swedish citizens abroad was only punishable if the requirement of "dual criminality" was fulfilled.
The Committee recommended, among other things, that the State party ensure that the promotion of economic, social and cultural rights was made a major component in the pending national Plan of Action for Human Rights; and that the State party consider the creation of a National Human Rights Institution, which would deal with the protection and promotion of all human rights, including economic, social and cultural rights. It recommended that the State party intensify its efforts with respect to gender equality; adopt a comprehensive National Health Strategy and a Plan of Action in which it would set benchmarks for its health care strategies; and take additional measures to prevent discrimination against immigrants and refugees, especially in workplace.
Colombia
The Committee welcomed, as positive aspects, the national development plan 1998-2002 "Change for Building Peace"; the enactment of a law in 1997 on principles regulating internal displacement; and the adoption in June 2000 of legislation which amended the Labour Code, and the ratification of the five ILO Conventions, including Convention No. 151 on collective bargaining by public service employees.
Cited among factors and difficulties impeding the implementation of the Covenant were the extreme inequalities and the social injustice prevailing in the country, which, among other things, had led to an exacerbating and extensive increase of violence in Colombia. The Committee took note that the recent economic recession in combination with some aspects of the structural adjustment programmes and economic liberalization policies introduced by the State party had negatively affected the enjoyment of economic, social and cultural rights by the population and in particular by the most disadvantaged and marginalized groups.
Among the principal subjects of concern, the Committee noted with serious concern the increasing number of internally displaced persons, and was concerned that the victims of the displacement were the most disadvantaged and marginalized groups, predominantly women and children, peasants and members of the indigenous and Afro-Colombian communities, driven out of their areas by violence and armed conflict. The Committee was deeply concerned about the rapid growth of unemployment; that the national minimum wage was not sufficient to ensure an adequate standard of living for the workers and their families; that there was still a high wage disparity between men and women; and about the personnel safety of workers and particularly of trade union representatives who were at high risk of being exposed to physical violence, including murder. The Committee noted that more than 1,500 trade union members had been killed between 1991 and 2001; that 43 per cent of the Colombian population was not yet covered by social security; and the Committee was deeply concerned about the high number of street children and children affected by armed conflict.
The Committee recommended, among other things, that the State party immediately address the problem of internally displaced persons; take steps to reduce its high unemployment rate; take effective measures to guarantee the personal safety of trade union representatives; reinforce existing laws on child labour and improve its monitoring mechanisms; take measures to increase housing subsidies; address the persisting issue of agrarian reform; guarantee full access by indigenous peoples and Afro-Colombian communities to economic, social and cultural rights; take measures to reduce the maternal mortality rate; and establish a comprehensive policy to improve the quality of education.
Algeria
The Committee commended, as part of positive aspects, Algeria's establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the mandate of which extended to economic, social and cultural rights; and it took note of the launching by the Government of a three-year economic recovery programme 2001-2004.
Among factors and difficulties impeding the implementation of the Covenant, the Committee took note of the general climate of violence that had prevailed in Algeria since 1992, as well as the political and economic crisis. The consequences of acts of terrorism, as well as the political and economic crises, had been disastrous for the situation in the country in general and for the enjoyment of economic, social, cultural and political rights in particular. The Committee further took note of the adverse effects of the high foreign debt burden, the requirements of structural adjustment programmes, and the recurring droughts on the ability of the State party to implement its obligations under the Covenant.
The Committee said, among other things, that it was deeply concerned at the continued violence and acts of terrorism in the country which impeded the full realization of the rights guaranteed in the Covenant; it was gravely concerned about the persisting discrimination in the political, social and economic spheres of life against women in the society; about the high rate of unemployment in the State party; about the grave problem of poverty; about the extent of family violence of which women were the principal victims; about the massive housing problems; about the high school dropout rate; about the drop in expenditure on the health care system; and about the stagnation of programmes to reduce the maternal and infant mortality rate in the country.
The Committee recommended, among other things, that the language and culture of the Amazigh population be preserved. It urged the State party to undertake a radical reform of the Family Code on the basis of full recognition of the rights of women; that the State party adopt a national strategy to combat family violence; that all necessary measures be taken in order to lower maternal and infant mortality rates and to ensure that all forms of health services were available to pregnant women; that the unnecessary formalities and procedures required for the establishment of trade unions be eliminated; that the State party's obligations under the Covenant should be taken into account in all its negotiations with international financial institutions; and that the State party pursue the development and adoption of a comprehensive national plan for "education for all".
France
The Committee appreciated the efforts by the State party to address unemployment by creating new jobs; welcomed the recent decisions convicting perpetrators of female genital mutilation; commended the State party for its campaign against alcohol and tobacco abuse, especially among young people; welcomed the measures to combat trafficking in persons; and appreciated the progress made with regard to the right to health.
The Committee expressed its concern that the Official Development Aid (ODA) as a percentage of the GNP had been in a decline since the 1980s. The Committee expressed concern, among other things, about the lack of recognition of minorities in France; that the State party did not yet change the minimum age for marriage for girls (15 years) in the civil code to conform with that for boys (18 years); and about the limited awareness of the extent of homelessness in France.
The Committee recommended, among other things, that the State party criminalize trafficking in persons; prepare proper training to the judiciary, prosecutors and other officials responsible for the implementation of the Covenant and its rights; review its position with regard to minorities in France, and expand the enjoyment of economic, social and cultural rights of minorities; that urgent steps be undertaken to address the problem of job insecurity; in addition to its present campaigns to aid the homeless especially during the winter months, that the State party devote particular attention to raising awareness about the phenomenon; that measures be undertaken to develop courses for vocational training and possibilities for apprenticeships for young people entering the job market; and that State party increase its efforts to ensure that regional and minority cultures and languages were preserved and promoted.
Croatia
The Committee, as positive aspects, noted with satisfaction that many of the pre-independent laws and post-independent transitional measures were being amended or superseded by new laws that better conformed to international human rights principles. It also noted that Croatia was benefiting from international assistance with respect to the broad questions of democratization, human rights, reconstruction and development which affected the enjoyment of many economic, social and cultural rights.
The Committee recognized, as factors and difficulties impeding the implementation of the Covenant, that Croatia was in a state of transition, recovering from armed conflict, which was causing complex socio-economic, political and other difficulties in the implementation of the rights provided for in the Covenant, including the breakdown of the social welfare system. It noted that the large numbers of internally and externally displaced persons had created additional strains on the State party's resources.
Among its concerns, the Committee said that the measures to promote ethnic harmony appeared to be inadequate and were impeded by continued application of discriminatory laws, policies and practices; and that many displaced ethnic Serbs continued to face legal and administrative difficulties in attempting to repossess their former homes. The Committee was deeply concerned about the scale of unemployment in the State party; that women were generally employed in lower-paying and lower status jobs; that Croatia was reported to be a major transit point for human trafficking; and that the legal criteria for establishing trade unions were unduly narrow.
The Committee recommended, among other things, that the State party undertake a comprehensive review of the phenomenon of all forms of discrimination; take effective measures to accelerate the return and integration into Croatian society of all Croatian refugees without discrimination; make sexual harassment in the workplace a prosecutable offense; provide extensive human rights training for members of all professions; and reinforce its efforts to address the high level of unemployment.
Jamaica
The Committee considered as positive aspects the efforts of the State party to create national action plans for women, and the legislative and policy measures it had adopted to improve the status of women in Jamaica; and it noted that the Memorandum of Understanding signed in September 2000 between the ILO and the State party had provided the financial and technical means to enable the Government to vigorously pursue programmes to combat the worst forms of child labour.
Cited among factors and difficulties impeding the implementation of the Covenant were the consequences of the 1995-1996 financial crisis, inflation and the increasing cost of servicing a public debt that reached in excess of 140 per cent of GDP in March 2000 which had seriously affected the capacity of the State party to implement the Covenant. It noted that the persistence of certain traditions and cultural attitudes in Jamaica were serious impediments to the full enjoyment by women, girls and boys of their rights under the Covenant; and the pervading "culture of violence" in the State party had created a climate conducive to the brutality that was constantly inflicted on members of the society, denying them the enjoyment of economic, social and cultural rights.
The Committee expressed concern, among other things, that the country's Constitution did not include "sex" in its definition of what was legally considered discriminatory; noted with concern the disproportionate levels of unemployment of men and women, with the number of females unemployed being three times higher than that of men; about the persistence of child labour; and about the consequences of sex tourism that included the sexual exploitation and prostitution of women and children. The Committee was alarmed that HIV/AIDS was currently the leading cause of death in Jamaica.
The Committee recommended, among other things, that the State party provide proper vocational training and education for men and women in order to enhance their employment opportunities; that the State party strive for universal coverage of the social security system; and that the practice of sex tourism be penalized. It called upon the State party to exercise the full authority of the law and all means at its command to eradicate the scourge of violence; and urged the State party to ensure the provision of sexual health and family planning education.
INTELLECTUAL PROPERTY AND HUMAN RIGHTS
In the statement on intellectual property and human rights, the Committee said the document was a preliminary contribution to the rapidly evolving debate on intellectual property. Based on article 15.1c of the International Covenant on Economic, Social and Cultural Rights, the statement aimed to identify some of the key human rights principles deriving from the Covenant that were required to be taken into account in the development, interpretation and implementation of contemporary intellectual property regimes. Those basic principles would be further refined, elaborated and applied in the Committee's forthcoming general comment.
On 27 November 2000, the Committee held a day of general discussion on article 15.1c of the Covenant concerning the right of everyone "to benefit from the protection of the moral and material interest resulting from any scientific, literary or artistic production of which he is the author", which had formed a basis for the Committee's statement, pending the adoption of a General Comment on the issue.
The statement emphasized that the Committee recognized the broad significance of creation, ownership and control of intellectual property in a knowledge-based economy and the means it could afford for promoting the enjoyment of human rights, in particular the rights under the International Covenant. The allocation rights over intellectual property had significant economic, social and cultural consequences that might affect the enjoyment of human rights.
The statement noted that the principles set out in the statement applied equally to national legislation and to international rules and policies concerning intellectual property protection. The statement said that article 15.1c of the Covenant, together with article 27 of the Universal Declaration on Human Rights, required the protection of the moral and material interests of authors in their works with the right of everyone to enjoy the benefits of scientific advancement and other cultural rights. The Committee considered that those intellectual property rights should be placed along with the right to take part in cultural life and to enjoy the benefits of scientific progress and its application.
The 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.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected 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), Valeri I. Kouznetsov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Waleed M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
* *** *
27th session
30 November 2001
ROUND UP
Releases Concluding Observations and Recommendations
on Situations in Sweden, Colombia,
Algeria, France, Croatia and Jamaica
The Committee on Economic, Social and Cultural Rights today concluded its twenty-seventh session by issuing its concluding observations and recommendations on how the rights enshrined in the International Covenant on Economic, Social and Cultural Rights are protected in Sweden, Colombia, Algeria, France, Croatia and Jamaica whose reports were considered by the Committee during its three-week session. These countries are among the 145 States parties to the Covenant, which entered into force on 3 January 1976.
Following its review of the situation of economic, social and cultural rights in Sweden, the Committee noted with satisfaction the sustained efforts of the State party to combat racism and other forms of intolerance; and it acknowledged that the State party for many years had allocated 0.7 per cent or more of its Gross Domestic Production (GDP) to development assistance. The Committee expressed concern about the persisting unclear situation with regard to the Sami land rights; regretted that the State party had not yet ratified ILO Convention 169 on indigenous and tribal peoples; and expressed concern about the increasing number of complaints concerning discrimination on ethnic grounds at the workplace. It recommended, among other things, that the State party consider the creation of a National Human Rights Institution which would deal with the protection and promotion of all human rights, including economic, social and cultural rights.
With regard to the situation in Colombia, the Committee welcomed the national development plan 1998-2002 "Change for Building Peace"; the enactment of a law in 1997 on principles regulating internal displacement; and the adoption in June 2000 of legislation which amended the Labour Code. The Committee was concerned about the personnel safety of workers and particularly of trade union representatives who were at high risk of being exposed to physical violence, including murder; and noted that more than 1,500 trade union members were killed between 1991 and 2001. The Committee recommended, among other things, that the State party immediately address the problem of internally displaced persons; take steps to reduce its high unemployment rate; and guarantee full access by indigenous peoples and Afro-Colombian communities to economic, social and cultural rights.
As part of positive aspects in the situation in Algeria, the Committee commended Algeria's establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the mandate of which extended to economic, social and cultural rights; and among factors and difficulties impeding the implementation of the Covenant, the Committee took note of the general climate of violence that had prevailed in Algeria since 1992, as well as the political and economic crisis. It recommended that the language and culture of the Amazigh population be preserved; that the State party undertake a radical reform of the Family Code on the basis of full recognition of the rights of women; that the State party adopt a national strategy to combat family violence; and that Algeria take all necessary measures in order to lower maternal and infant mortality rates.
With regard to France, the Committee appreciated the efforts by the State party to address unemployment by creating new jobs; welcomed the recent decisions convicting perpetrators of female genital mutilation; and commended the State party for its campaign against alcohol and tobacco abuse, especially among young people. Among its concerns, the Committee said that the Official Development Aid (ODA) as a percentage of the GNP had been in a decline since the 1980s despite the healthy macroeconomic situation of the country in recent years. The Committee recommended, among other things, that the State party review its position with regard to minorities in France, and expand the enjoyment of economic, social and cultural rights of minorities; and in addition to its present campaigns to aid the homeless, especially during the winter months, that the State party devote particular attention to raising awareness about the phenomenon.
Concerning Croatia, the Committee noted as positive aspects that many of the pre-independent laws and post-independent transitional measures were being amended or superseded by new laws that better conformed to international human rights principles. Among its concerns, the Committee said that the measures to promote ethnic harmony appeared to be inadequate and were impeded by continued application of discriminatory laws, policies and practices; and that many displaced ethnic Serbs continued to face legal and administrative difficulties in attempting to repossess their former homes. The Committee recommended, among other things, that the State party undertake a comprehensive review of the phenomenon of all forms of discrimination; and that it take effective measures to accelerate the return and integration into Croatian society of all Croatian refugees without discrimination.
And concerning the report of Jamaica, which was reviewed in the absence of a Government delegation, the Committee considered as positive aspects the efforts of the State party to create national action plans for women, and the legislative and policy measures it had adopted to improve the status of women in Jamaica. Cited among factors and difficulties impeding the implementation of the Covenant were the consequences of the 1995-1996 financial crisis, inflation and the increasing cost of servicing a public debt that reached in excess of 140 per cent of GDP in March 2000, which had seriously affected the capacity of the State party to implement the Covenant. It expressed concern about the consequences of sex tourism that included the sexual exploitation and prostitution of women and children; and it was alarmed that HIV/AIDS was currently the leading cause of death in Jamaica. The Committee recommended, among other things, that the State party provide proper vocational training and education for men and women in order to enhance their employment opportunities.
Also during this session, the Committee adopted a statement on intellectual property and human rights, emphasizing that it recognized the broad significance of creation, ownership and control of intellectual property in a knowledge-based economy and the means it could afford for promoting the enjoyment of human rights, in particular the rights under the International Covenant. The allocation rights over intellectual property had significant economic, social and cultural consequences that might affect the enjoyment of human rights.
The statement said that article 15.1c of the Covenant, together with article 27 of the Universal Declaration on Human Rights, required the protection of the moral and material interests of authors in their works with the right of everyone to enjoy the benefits of scientific advancement and other cultural rights. The Committee considered that those intellectual property rights should be placed along with the right to take part in cultural life and to enjoy the benefits of scientific progress and its application.
The next session of the Committee will be held in Geneva from 29 April to 17 May 2002 during which it is scheduled to examine the reports of the Czech Republic, Benin, Ireland, Trinidad and Tobago and the United Kingdom.
Conclusions and Recommendations on Country Reports
Sweden
Among positive aspects in the report Sweden, the Committee warmly welcomed the creation of an interdepartmental working group to elaborate a national Plan of Action for Human Rights and that it was drawn up with the broad participation of civil society, and that economic, social and cultural rights would be addressed. It also noted with satisfaction the sustained efforts of the State party to combat racism, xenophobia, anti-Semitism and other forms of intolerance in the country through a variety of measures; it acknowledged that the State party for many years had allocated 0.7 per cent or more of its GDP to development assistance; it also noted with satisfaction the policies and measures aimed at reducing unemployment and at improving the situation on the labour market; the efforts to combat domestic violence; and the commitment to combat prostitution by strengthening efforts to prevent trafficking in persons.
The Committee, among other things, expressed concern about the persisting unclear situation with regard to the Sami land rights; regretted that the State party had not yet ratified ILO Convention 169 on indigenous and tribal peoples; and expressed concern about the increasing number of complaints concerning discrimination on ethnic grounds at the workplace. The Committee regretted that sexual exploitation of minors and women committed by Swedish citizens abroad was only punishable if the requirement of "dual criminality" was fulfilled.
The Committee recommended, among other things, that the State party ensure that the promotion of economic, social and cultural rights was made a major component in the pending national Plan of Action for Human Rights; and that the State party consider the creation of a National Human Rights Institution, which would deal with the protection and promotion of all human rights, including economic, social and cultural rights. It recommended that the State party intensify its efforts with respect to gender equality; adopt a comprehensive National Health Strategy and a Plan of Action in which it would set benchmarks for its health care strategies; and take additional measures to prevent discrimination against immigrants and refugees, especially in workplace.
Colombia
The Committee welcomed, as positive aspects, the national development plan 1998-2002 "Change for Building Peace"; the enactment of a law in 1997 on principles regulating internal displacement; and the adoption in June 2000 of legislation which amended the Labour Code, and the ratification of the five ILO Conventions, including Convention No. 151 on collective bargaining by public service employees.
Cited among factors and difficulties impeding the implementation of the Covenant were the extreme inequalities and the social injustice prevailing in the country, which, among other things, had led to an exacerbating and extensive increase of violence in Colombia. The Committee took note that the recent economic recession in combination with some aspects of the structural adjustment programmes and economic liberalization policies introduced by the State party had negatively affected the enjoyment of economic, social and cultural rights by the population and in particular by the most disadvantaged and marginalized groups.
Among the principal subjects of concern, the Committee noted with serious concern the increasing number of internally displaced persons, and was concerned that the victims of the displacement were the most disadvantaged and marginalized groups, predominantly women and children, peasants and members of the indigenous and Afro-Colombian communities, driven out of their areas by violence and armed conflict. The Committee was deeply concerned about the rapid growth of unemployment; that the national minimum wage was not sufficient to ensure an adequate standard of living for the workers and their families; that there was still a high wage disparity between men and women; and about the personnel safety of workers and particularly of trade union representatives who were at high risk of being exposed to physical violence, including murder. The Committee noted that more than 1,500 trade union members had been killed between 1991 and 2001; that 43 per cent of the Colombian population was not yet covered by social security; and the Committee was deeply concerned about the high number of street children and children affected by armed conflict.
The Committee recommended, among other things, that the State party immediately address the problem of internally displaced persons; take steps to reduce its high unemployment rate; take effective measures to guarantee the personal safety of trade union representatives; reinforce existing laws on child labour and improve its monitoring mechanisms; take measures to increase housing subsidies; address the persisting issue of agrarian reform; guarantee full access by indigenous peoples and Afro-Colombian communities to economic, social and cultural rights; take measures to reduce the maternal mortality rate; and establish a comprehensive policy to improve the quality of education.
Algeria
The Committee commended, as part of positive aspects, Algeria's establishment of a new National Advisory Commission for the Promotion and Protection of Human Rights, the mandate of which extended to economic, social and cultural rights; and it took note of the launching by the Government of a three-year economic recovery programme 2001-2004.
Among factors and difficulties impeding the implementation of the Covenant, the Committee took note of the general climate of violence that had prevailed in Algeria since 1992, as well as the political and economic crisis. The consequences of acts of terrorism, as well as the political and economic crises, had been disastrous for the situation in the country in general and for the enjoyment of economic, social, cultural and political rights in particular. The Committee further took note of the adverse effects of the high foreign debt burden, the requirements of structural adjustment programmes, and the recurring droughts on the ability of the State party to implement its obligations under the Covenant.
The Committee said, among other things, that it was deeply concerned at the continued violence and acts of terrorism in the country which impeded the full realization of the rights guaranteed in the Covenant; it was gravely concerned about the persisting discrimination in the political, social and economic spheres of life against women in the society; about the high rate of unemployment in the State party; about the grave problem of poverty; about the extent of family violence of which women were the principal victims; about the massive housing problems; about the high school dropout rate; about the drop in expenditure on the health care system; and about the stagnation of programmes to reduce the maternal and infant mortality rate in the country.
The Committee recommended, among other things, that the language and culture of the Amazigh population be preserved. It urged the State party to undertake a radical reform of the Family Code on the basis of full recognition of the rights of women; that the State party adopt a national strategy to combat family violence; that all necessary measures be taken in order to lower maternal and infant mortality rates and to ensure that all forms of health services were available to pregnant women; that the unnecessary formalities and procedures required for the establishment of trade unions be eliminated; that the State party's obligations under the Covenant should be taken into account in all its negotiations with international financial institutions; and that the State party pursue the development and adoption of a comprehensive national plan for "education for all".
France
The Committee appreciated the efforts by the State party to address unemployment by creating new jobs; welcomed the recent decisions convicting perpetrators of female genital mutilation; commended the State party for its campaign against alcohol and tobacco abuse, especially among young people; welcomed the measures to combat trafficking in persons; and appreciated the progress made with regard to the right to health.
The Committee expressed its concern that the Official Development Aid (ODA) as a percentage of the GNP had been in a decline since the 1980s. The Committee expressed concern, among other things, about the lack of recognition of minorities in France; that the State party did not yet change the minimum age for marriage for girls (15 years) in the civil code to conform with that for boys (18 years); and about the limited awareness of the extent of homelessness in France.
The Committee recommended, among other things, that the State party criminalize trafficking in persons; prepare proper training to the judiciary, prosecutors and other officials responsible for the implementation of the Covenant and its rights; review its position with regard to minorities in France, and expand the enjoyment of economic, social and cultural rights of minorities; that urgent steps be undertaken to address the problem of job insecurity; in addition to its present campaigns to aid the homeless especially during the winter months, that the State party devote particular attention to raising awareness about the phenomenon; that measures be undertaken to develop courses for vocational training and possibilities for apprenticeships for young people entering the job market; and that State party increase its efforts to ensure that regional and minority cultures and languages were preserved and promoted.
Croatia
The Committee, as positive aspects, noted with satisfaction that many of the pre-independent laws and post-independent transitional measures were being amended or superseded by new laws that better conformed to international human rights principles. It also noted that Croatia was benefiting from international assistance with respect to the broad questions of democratization, human rights, reconstruction and development which affected the enjoyment of many economic, social and cultural rights.
The Committee recognized, as factors and difficulties impeding the implementation of the Covenant, that Croatia was in a state of transition, recovering from armed conflict, which was causing complex socio-economic, political and other difficulties in the implementation of the rights provided for in the Covenant, including the breakdown of the social welfare system. It noted that the large numbers of internally and externally displaced persons had created additional strains on the State party's resources.
Among its concerns, the Committee said that the measures to promote ethnic harmony appeared to be inadequate and were impeded by continued application of discriminatory laws, policies and practices; and that many displaced ethnic Serbs continued to face legal and administrative difficulties in attempting to repossess their former homes. The Committee was deeply concerned about the scale of unemployment in the State party; that women were generally employed in lower-paying and lower status jobs; that Croatia was reported to be a major transit point for human trafficking; and that the legal criteria for establishing trade unions were unduly narrow.
The Committee recommended, among other things, that the State party undertake a comprehensive review of the phenomenon of all forms of discrimination; take effective measures to accelerate the return and integration into Croatian society of all Croatian refugees without discrimination; make sexual harassment in the workplace a prosecutable offense; provide extensive human rights training for members of all professions; and reinforce its efforts to address the high level of unemployment.
Jamaica
The Committee considered as positive aspects the efforts of the State party to create national action plans for women, and the legislative and policy measures it had adopted to improve the status of women in Jamaica; and it noted that the Memorandum of Understanding signed in September 2000 between the ILO and the State party had provided the financial and technical means to enable the Government to vigorously pursue programmes to combat the worst forms of child labour.
Cited among factors and difficulties impeding the implementation of the Covenant were the consequences of the 1995-1996 financial crisis, inflation and the increasing cost of servicing a public debt that reached in excess of 140 per cent of GDP in March 2000 which had seriously affected the capacity of the State party to implement the Covenant. It noted that the persistence of certain traditions and cultural attitudes in Jamaica were serious impediments to the full enjoyment by women, girls and boys of their rights under the Covenant; and the pervading "culture of violence" in the State party had created a climate conducive to the brutality that was constantly inflicted on members of the society, denying them the enjoyment of economic, social and cultural rights.
The Committee expressed concern, among other things, that the country's Constitution did not include "sex" in its definition of what was legally considered discriminatory; noted with concern the disproportionate levels of unemployment of men and women, with the number of females unemployed being three times higher than that of men; about the persistence of child labour; and about the consequences of sex tourism that included the sexual exploitation and prostitution of women and children. The Committee was alarmed that HIV/AIDS was currently the leading cause of death in Jamaica.
The Committee recommended, among other things, that the State party provide proper vocational training and education for men and women in order to enhance their employment opportunities; that the State party strive for universal coverage of the social security system; and that the practice of sex tourism be penalized. It called upon the State party to exercise the full authority of the law and all means at its command to eradicate the scourge of violence; and urged the State party to ensure the provision of sexual health and family planning education.
INTELLECTUAL PROPERTY AND HUMAN RIGHTS
In the statement on intellectual property and human rights, the Committee said the document was a preliminary contribution to the rapidly evolving debate on intellectual property. Based on article 15.1c of the International Covenant on Economic, Social and Cultural Rights, the statement aimed to identify some of the key human rights principles deriving from the Covenant that were required to be taken into account in the development, interpretation and implementation of contemporary intellectual property regimes. Those basic principles would be further refined, elaborated and applied in the Committee's forthcoming general comment.
On 27 November 2000, the Committee held a day of general discussion on article 15.1c of the Covenant concerning the right of everyone "to benefit from the protection of the moral and material interest resulting from any scientific, literary or artistic production of which he is the author", which had formed a basis for the Committee's statement, pending the adoption of a General Comment on the issue.
The statement emphasized that the Committee recognized the broad significance of creation, ownership and control of intellectual property in a knowledge-based economy and the means it could afford for promoting the enjoyment of human rights, in particular the rights under the International Covenant. The allocation rights over intellectual property had significant economic, social and cultural consequences that might affect the enjoyment of human rights.
The statement noted that the principles set out in the statement applied equally to national legislation and to international rules and policies concerning intellectual property protection. The statement said that article 15.1c of the Covenant, together with article 27 of the Universal Declaration on Human Rights, required the protection of the moral and material interests of authors in their works with the right of everyone to enjoy the benefits of scientific advancement and other cultural rights. The Committee considered that those intellectual property rights should be placed along with the right to take part in cultural life and to enjoy the benefits of scientific progress and its application.
The 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.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected 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), Valeri I. Kouznetsov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Waleed M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
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