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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS TO HOLD TWENTY-SIXTH SESSION FROM 13 TO 31 AUGUST 2001
10 August 2001
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HR/ESC/01/25
10 August 2001
Background release
Committee Scheduled to Consider Efforts of Senegal, Syrian Arab Republic, Panama,
Ukraine, Japan, Nepal, and Germany
The Committee on Economic, Social and Cultural Rights will meet at the Palais Wilson in Geneva from13 to 31 August to examine the measures taken by Senegal, Syrian Arab Republic, Panama, Ukraine, Japan, Nepal, and Germany to realize these rights.
The five countries are among the 145 States parties to the International Covenant on Economic, Social and Cultural Rights. The treaty, which entered into force in 1976, recognizes, among other things, the rights to work, to form and join trade unions, to social security, to the widest possible protection and assistance for the family, to an adequate standard of living, to the enjoyment of the highest attainable standard of health and to an education.
In acceding to the treaty, States agree to submit periodic reports to the Committee on how they give effect to the provisions of the Covenant. The panel, now in its twenty-sixth session, evaluates the reports and makes observations and recommendations on improving the promotion and protection of the rights enshrined in the Covenant.
In the case of long overdue reports, the Committee may review the implementation of the treaty in a given country based on available information.
At the opening of the session, the Committee will discuss substantive issues arising in the implementation of the Covenant, an exercise during which it is scheduled to hear from non-governmental organizations (NGOs).
Committee's concluding observations and recommendations on the last reports submitted by Senegal, Syrian Arab Republic, Panama, Ukraine, Japan, and Germany
When Senegal presented its initial report to the Committee in December 1993, the Experts noted under positive aspects the level of support accorded to international human rights activities by the country and, in general, the steps taken to fulfil its obligations under the various human rights instruments. Among the principal subjects of concern of the Committee was that the Government had not provided satisfactory information concerning measures envisaged to improve the enjoyment of the rights covered under the International Covenant, particularly with respect to the situation of women, youth and other vulnerable groups. Among other things, the Committee recommended that Senegal undertake a thorough review of its policies with regard to education and vocational training.
The Committee, after reviewing the second periodic report of Syria in September 1991, noted with satisfaction the assurances given by the Government delegation that further legal information would be sent concerning the rights of non-nationals. The Committee stated that the written information and the replies of the representative of Syria did not fully reflect the actual situation in Syria regarding implementation of the International Covenant. Members of the Committee had also shown particular interest in the structure of the Baath party, agrarian reform, housebuilding policy, trade unions and the right to strike, as well as in legislation on marriage and divorce.
Following the presentation of additional information on the situation in Panama in May 1994, the Committee expressed its appreciation to the Government of Panama for its detailed written replies and decided to continue its dialogue with the State party with respect to its implementation of the right to housing in the light of all information available to it. Following a mission to the country in April 1995, the Committee noted positive signs, including the Government=s efforts to increase awareness of the problem of housing, and the various measures that had been taken to solve it. There was concern, however, about the magnitude of the problem, and about the importance accorded to the private sector at the expense of public institutions and the insufficient regard that was sometimes shown for the aspirations and achievements of the various communities. Among several recommendations was a request to accelerate the studies being undertaken to establish a national social housing plan that took into account the needs of all communities.
After the presentation of the third periodic report of Ukraine in November 1995, the Committee welcomed new legislation, including the Ukranian Act on State Succession, the Act on the Effect of International Agreements on Ukrainian Territory, and the Declaration on the Rights of Nationalities of the Ukraine. Among the subjects of concern raised was the sharp decline of purchasing power of the great majority of the population and the subsequent deterioration of the standard of living due to the overall unfavourable evolution of the economic situation in Ukraine. The Committee recommended that the international human rights instruments to which Ukraine was a State party, including the International Covenant be made fully applicable by Ukrainian courts.
Germany, which presented its third periodic report in November 1998, was cited for several positive aspects, among them the creation of the post of Minister of State for Cultural Affairs, who will be responsible for implementing the federal cultural policy. The Committee did express concern about the status of the Covenant within the domestic legal system of Germany and at the lack of court decisions on the application of the Covenant. The Committee recommended that Germany, in its next report, provide more precise statistics and data regarding unemployment, especially in the new Länder, and the number and situation of poverty-stricken people and social security recipients.
The initial report of Japan was considered by the Committee in 1984. The Experts did not issue any conclusions or recommendations.
Provisional Timetable for Consideration of Reports
Monday, 13 August 2001
Morning Adoption of agenda, organization of work, and relations with United Nations organs and other treaty bodies
Afternoon Substantive issues arising in the implementation of the International Covenant on Economic, Social and Cultural Rights: NGO hearings
Tuesday, 14 August 2001
Morning Senegal, second periodic report (E/1990/6/Add.25)
Afternoon Senegal (continued)
Wednesday, 15 August 2001
Morning Syrian Arab Republic, third periodic report (E/1994/104/Add.23)
Afternoon Syrian Arab Republic (continued)
Thursday, 16 August 2001
Morning Panama, second periodic report (E/1990/6/Add.24)
Afternoon Panama (continued)
Friday, 17 August 2001
Morning Consideration of reports, adoption of concluding observations (closed)
Afternoon Follow up to the consideration of reports under articles 16 and 17 of the International Covenant.
Monday, 20 August 2001
Morning Ukraine, fourth periodic report (E/C.12/4/Add.2)
Afternoon Ukraine (continued)
Tuesday, 21 August 2001
Morning Japan, second periodic report (E/1990/6/Add.21)
Afternoon Japan (continued)
Wednesday, 22 August 2001
Morning Nepal, initial report (E/1990/5/Add.45)
Afternoon Nepal (continued)
Thursday, 23 August 2001
Morning Nepal (continued)
Afternoon Adoption of concluding observations (closed)
Friday, 24 August 2001
Morning Germany, fourth periodic report (E/C.12/4/Add.3)
Afternoon Germany (continued)
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 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), 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 Riedel (Germany), Walid M. Sa=di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
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, Eritrea, Estonia, 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.
10 August 2001
Background release
Committee Scheduled to Consider Efforts of Senegal, Syrian Arab Republic, Panama,
Ukraine, Japan, Nepal, and Germany
The Committee on Economic, Social and Cultural Rights will meet at the Palais Wilson in Geneva from13 to 31 August to examine the measures taken by Senegal, Syrian Arab Republic, Panama, Ukraine, Japan, Nepal, and Germany to realize these rights.
The five countries are among the 145 States parties to the International Covenant on Economic, Social and Cultural Rights. The treaty, which entered into force in 1976, recognizes, among other things, the rights to work, to form and join trade unions, to social security, to the widest possible protection and assistance for the family, to an adequate standard of living, to the enjoyment of the highest attainable standard of health and to an education.
In acceding to the treaty, States agree to submit periodic reports to the Committee on how they give effect to the provisions of the Covenant. The panel, now in its twenty-sixth session, evaluates the reports and makes observations and recommendations on improving the promotion and protection of the rights enshrined in the Covenant.
In the case of long overdue reports, the Committee may review the implementation of the treaty in a given country based on available information.
At the opening of the session, the Committee will discuss substantive issues arising in the implementation of the Covenant, an exercise during which it is scheduled to hear from non-governmental organizations (NGOs).
Committee's concluding observations and recommendations on the last reports submitted by Senegal, Syrian Arab Republic, Panama, Ukraine, Japan, and Germany
When Senegal presented its initial report to the Committee in December 1993, the Experts noted under positive aspects the level of support accorded to international human rights activities by the country and, in general, the steps taken to fulfil its obligations under the various human rights instruments. Among the principal subjects of concern of the Committee was that the Government had not provided satisfactory information concerning measures envisaged to improve the enjoyment of the rights covered under the International Covenant, particularly with respect to the situation of women, youth and other vulnerable groups. Among other things, the Committee recommended that Senegal undertake a thorough review of its policies with regard to education and vocational training.
The Committee, after reviewing the second periodic report of Syria in September 1991, noted with satisfaction the assurances given by the Government delegation that further legal information would be sent concerning the rights of non-nationals. The Committee stated that the written information and the replies of the representative of Syria did not fully reflect the actual situation in Syria regarding implementation of the International Covenant. Members of the Committee had also shown particular interest in the structure of the Baath party, agrarian reform, housebuilding policy, trade unions and the right to strike, as well as in legislation on marriage and divorce.
Following the presentation of additional information on the situation in Panama in May 1994, the Committee expressed its appreciation to the Government of Panama for its detailed written replies and decided to continue its dialogue with the State party with respect to its implementation of the right to housing in the light of all information available to it. Following a mission to the country in April 1995, the Committee noted positive signs, including the Government=s efforts to increase awareness of the problem of housing, and the various measures that had been taken to solve it. There was concern, however, about the magnitude of the problem, and about the importance accorded to the private sector at the expense of public institutions and the insufficient regard that was sometimes shown for the aspirations and achievements of the various communities. Among several recommendations was a request to accelerate the studies being undertaken to establish a national social housing plan that took into account the needs of all communities.
After the presentation of the third periodic report of Ukraine in November 1995, the Committee welcomed new legislation, including the Ukranian Act on State Succession, the Act on the Effect of International Agreements on Ukrainian Territory, and the Declaration on the Rights of Nationalities of the Ukraine. Among the subjects of concern raised was the sharp decline of purchasing power of the great majority of the population and the subsequent deterioration of the standard of living due to the overall unfavourable evolution of the economic situation in Ukraine. The Committee recommended that the international human rights instruments to which Ukraine was a State party, including the International Covenant be made fully applicable by Ukrainian courts.
Germany, which presented its third periodic report in November 1998, was cited for several positive aspects, among them the creation of the post of Minister of State for Cultural Affairs, who will be responsible for implementing the federal cultural policy. The Committee did express concern about the status of the Covenant within the domestic legal system of Germany and at the lack of court decisions on the application of the Covenant. The Committee recommended that Germany, in its next report, provide more precise statistics and data regarding unemployment, especially in the new Länder, and the number and situation of poverty-stricken people and social security recipients.
The initial report of Japan was considered by the Committee in 1984. The Experts did not issue any conclusions or recommendations.
Provisional Timetable for Consideration of Reports
Monday, 13 August 2001
Morning Adoption of agenda, organization of work, and relations with United Nations organs and other treaty bodies
Afternoon Substantive issues arising in the implementation of the International Covenant on Economic, Social and Cultural Rights: NGO hearings
Tuesday, 14 August 2001
Morning Senegal, second periodic report (E/1990/6/Add.25)
Afternoon Senegal (continued)
Wednesday, 15 August 2001
Morning Syrian Arab Republic, third periodic report (E/1994/104/Add.23)
Afternoon Syrian Arab Republic (continued)
Thursday, 16 August 2001
Morning Panama, second periodic report (E/1990/6/Add.24)
Afternoon Panama (continued)
Friday, 17 August 2001
Morning Consideration of reports, adoption of concluding observations (closed)
Afternoon Follow up to the consideration of reports under articles 16 and 17 of the International Covenant.
Monday, 20 August 2001
Morning Ukraine, fourth periodic report (E/C.12/4/Add.2)
Afternoon Ukraine (continued)
Tuesday, 21 August 2001
Morning Japan, second periodic report (E/1990/6/Add.21)
Afternoon Japan (continued)
Wednesday, 22 August 2001
Morning Nepal, initial report (E/1990/5/Add.45)
Afternoon Nepal (continued)
Thursday, 23 August 2001
Morning Nepal (continued)
Afternoon Adoption of concluding observations (closed)
Friday, 24 August 2001
Morning Germany, fourth periodic report (E/C.12/4/Add.3)
Afternoon Germany (continued)
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 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), 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 Riedel (Germany), Walid M. Sa=di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
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, Eritrea, Estonia, 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.
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