经济、社会和文化权利委员会听取利益攸关方关于危地马拉、尼泊尔和罗马尼亚的意见（部分翻译）

经济、社会和文化权利委员会

2014年11月17日

非政府组织今日上午听取了利益攸关方关于危地马拉、尼泊尔和罗马尼亚落实《经济、社会及文化权利国际公约》规定情况的意见。这些国家的报告将于本周接受委员会的审议。委员会还将在本周审议斯洛文尼亚的报告，不过没有该国的非政府组织发言。

在危地马拉问题上，发言人表示践行基本人权的主要障碍来自危地马拉政府的架构形式，它确保少数人口享有特权，而损害了大多数人的利益。侵犯现象的最大受害者是土著人民和妇女，保护土著人民的制度机制较为薄弱。会上还提到了危地马拉农村地区发生的剥削、贫困和严重营养不良以及教育预算不足。

在尼泊尔问题上，会上特别提到了缺少粮食安全、在危险地区工作、不承认适足生活水准权、营养不良、抵押劳工、基于性别的暴力等。总体上，尼泊尔对《经济、社会及文化权利国际公约》的落实十分薄弱。缺少对适足食物权的享有依然是尼泊尔的一个重大问题，妇女、儿童和老年人受到不成比例的影响。

在罗马尼亚问题上，罗姆人依然暴露在迫迁风险中，威胁到他们的安全，将他们进一步推入贫穷，加重了他们被社会其他阶层排斥的现象。发言人就有关性和生殖权利的几个问题不符合《公约》的情况提出多项关切。预防母婴死亡的行动未获成功，该国母婴死亡率依然处于欧盟地区前列。避孕用品的获取依然受到限制且缺乏安全合法的人工流产。携带艾滋病/艾滋病毒的女性往往被拒绝获得性和生殖健康服务与母婴护理。

以下非政府组织作了发言：危地马拉非政府组织和合作社协调组织（Coordination of Non-governmental Organizations and Cooperatives of Guatemala），危地马拉农民组织（Peasants Organization of Guatemala），危地马拉家庭佣工和独立工人联合会（Syndicate for Domestic Workers and Independent Workers of Guatemala），尼泊尔经济、社会和文化权利民间社会集体（Civil Society Collective of Nepal on Economic, Social and Cultural Rights），国际法学家委员会（International Commission of Jurists），尼泊尔粮食第一信息和行动网（FIAN），大赦国际，欧洲地区公共倡议中心，同时代表避孕和性教育协会（Society for Education on Contraception and Sexuality）。

委员会将在今天下午3点继续进行会议，开始审议危地马拉的第三次定期报告（E/C.12/GTM/3）。

危地马拉利益攸关方

危地马拉非政府组织和合作社协调组织表示，今年危地马拉的民间社会提交了一份非正式报告，包含了60多位民间社会成员的意见。践行基本人权的主要障碍来自危地马拉政府的架构形式，它确保少数人口享有特权，而损害了大多数人的利益。侵犯行为的最大受害者是土著人民和妇女。保护土著人民的体制机制较为薄弱。低收入家庭必须为教育付费。过去十年里有利于妇女的法律和机构进步在现任政府管理下逐渐瓦解。主要由妇女承担的家庭工作受到了极具歧视性的约束。为家庭佣工及其组织制定的法案草案未能被接受。

危地马拉农民组织的一名代表发誓称在危地马拉农村地区出现了剥削现象，这是由糖类农业农场产业和棕榈油生产者等因素造成的。这种程度的劳动剥削意味着在某些地区，最低薪水换来的是每天预计长达10至20小时的工作。妇女和儿童被迫出力，确保所有工作能顺利开展。政府并没有拨出充足的专款预算来确保提供教育。某些社区存在营养不良现象，食物越来越少。

危地马拉家庭佣工和独立工人联合会要求委员会考虑危地马拉设立一项长期战略以将税负提高到国内生产总值20%、打击逃税、确保消除所有特殊待遇和减免的必要性。应该发展公共机构，并制定可行的战略来确保有质量的开支，特别关注社会弱势群体。基于国际法，保障措施应该确保土著人民的磋商权利。在保障妇女权利平等和进步方面，应该存在关于妇女的制度性规定。应该有更多资助渠道，通过综合援助中心，确保适当关照从暴力中幸存的女性。政府应该落实政策和方案来对抗贫困，特别是通过消除长期而严重的营养不良，解决该问题的根本原因。

专家提问

一名专家问道，在危地马拉，有组织犯罪如何对现有的腐败产生影响并削弱法治和人权。在健康权问题上，当前保健危机的根本原因是不是缺少接受过培训的健康专业人士和健康服务中心？另一名专家问道，土著社区之间在何种程度上就事先知情同意达成共识？很明显，政府尚未有效解决这个问题。

呼吁在宪法中承认土著人民会有哪些附加价值？代表土著社区的非政府组织具体正在开展哪些运动？为达到这个目的，正在开展哪些宣传或活动？最常见的土地所有机制是什么？一名专家提问，危地马拉目前有多少土著人口？

危地马拉利益攸关方的回复

在有组织犯罪、腐败和法治问题上，发言人表示该国政府较为脆弱，各级政府和机构都充斥着腐败和有组织犯罪。法治确实十分薄弱。至于保健危机，这场危机是地区性的。保健存在系统性歧视并缺少预算。

土著人民仅仅被当作族裔群体，他们的领土得不到承认。危地马拉主要有三大民族。

土著人民并不认可正在进行的宪法改革方式，这相当于抹去了土著人民在决策中的意见。政府各项机制没有进行改革，例如在教育问题上。土著人民的数据虽然存在，但未予分类，这个问题务必得到解决。宪法法院裁定，国际劳工组织公约第169条具有约束力，但提交的申诉尚未得到解决，这是因为政治意愿不足，司法系统也不着手处理这些申诉。

对于土著社区是否达成共识的问题，如果说完全没有共识是不对的。目前有各种组织正在运作的说法是正确的，但总体上的希望是确保承认少数群体。

关于零饥饿计划，很遗憾它并不符合目标。它背后的目的可能是积极的，但在实践中，计划并未普及到受影响社区。现有大量儿童经受着营养不良，但国家正试图将零饥饿计划描述成大有作为的项目。

Stakeholders on Nepal

Civil Society Collective of Nepal on Economic, Social and Cultural Rights referred to problems relating to the lack of food security, work in hazardous areas, non-recognition of the right to an adequate standard of living, and malnutrition. It was recommended that special land reform policies be developed to secure rights on land. A national policy and legislative framework for the eradication of hunger and the realization of the right to food was recommended, as was the creation of effective monitoring and evaluation mechanisms on food rights. Specific provisions in the existing labour laws should be made, to improve protection in the informal sector and to ensure social security.

Another representative of Civil Society Collective of Nepal on Economic, Social and Cultural Rights said the Government report had not been prepared with gender perspective and failed to highlight the gaps that existed between the promises and assurances made by the State and actual delivery.

Women’s contributions to the national economy were routinely overlooked, as was the fact that a large number of women were forced to make a living in the informal economy. Social recognition of women working in this sector remained absent as well. Prevailing bonded labour systems in the country deserved special attention. Gender-based violence, gender stereotyping, child marriage and harmful practices justified by cultural or traditional practices and a lack of Government action to address this had yielded the high prevalence of uterine prolapse. The stigma associated with abortion led women to seek the service secretly, causing unsafe abortion procedures that threatened their lives. Women did not have an autonomous identity and men inherited and controlled most property. Overall, implementation of the International Covenant on Economic, Social and Cultural Rights in Nepal was very weak.

International Commission of Jurists expressed concern about Nepal’s failure to comply with its obligations under the Covenant, including to ensure independence and effective functioning of the National Human Rights Commission, failure to provide effective remedy, and lack of adequate rehabilitation support to the victims of forced displacement during the armed conflict. Nepal was called upon to amend the National Human Rights Commission Act in line with the 6 March 2013 decision of the Supreme Court and international human rights standards safeguarding its independence, and enlarge its mandate so as to ensure that it could function in a manner that was consistent with the Government’s obligations to ensure the right to an effective remedy.

FIAN Nepal said that the lack of enjoyment of the right to adequate food remained a critical issue in Nepal and women, children and the elderly suffered disproportionately. Forests, forest resources, and other natural resources like water played a vital role in rural people’s day to day livelihood.

Restrictions imposed by the creation of National Parks may severely limit access to forests and resources and cause a detrimental effect on livelihoods.

The State of Nepal should adopt all measures to incorporate the right to adequate food, including food sovereignty and nutrition with a gender perspective, and the right to water, in the new Constitution and ensure direct implementation. Rural and low resource/income base women belonging to marginalized and traditionally disadvantaged groups should be supported in access to and utilization of natural resources required for their livelihood.

Questions by Experts

What was the general feeling about the new Constitution, enquired an Expert? Would there be a strengthened position for economic, social and cultural rights, or an erosion? What would be the essential elements in a land reform that would be in line with concerns? Had there been a process of consultation with civil society during Nepal’s elaboration of its report?

Was the conflict between the Government and Maoists completely over, asked an Expert? Nepal received a lot of Official Development Assistance, but still people suffered from lack of food security, among other insecurities. Was this because of corruption or abuse of power?

Responses by Stakeholders on Nepal

Regarding the Constitution, speakers said people did not feel that it would be come in place on 22 January. Concerning land reform, marginalized persons were not consulted in the formulation of public policy. On Official Development Assistance, a few people controlled resources in Nepal so that they went to the middle class and not to the most marginalized.

The limitation of independence of the National Human Rights Commission included that the Act on the National Human Rights Commission did not provide the power for it to recruit its own staff. It was also required to consult with the Ministry of Finance. The Act had to be amended in order for the National Human Rights Commission to be in line with the Paris Principles.

The right to life was a challenge for poor people in rural and slum areas, particularly for Dalits. There was no explicit document to address these persons economic empowerment, their education, or health. There was no opportunity to establish rural enterprises.

Stakeholders on Romania

Amnesty International said Roma in Romania continued to be exposed to forced eviction, threatening their security, pushing them deeper into poverty and reinforcing their exclusion from the rest of society. Amnesty International noted that Romanian legislation did not conform with international standards with regard to the right to adequate housing. Despite Romania’s international obligations to protect the right to adequate housing for all, loopholes in domestic law meant that hundreds of Roma individuals and families and others living in informal settlements remained vulnerable to a continuing, widespread and systematic pattern of forced evictions carried out by local authorities. The Romanian legal framework also did not expressly prohibit racial segregation as a form of discrimination, which in practice led to housing projects being implemented by local authorities which effectively segregated Roma in areas far away from the necessary services and infrastructure.

Euro-regional Centre for Public Initiatives, also on behalf of the Society for Education on Contraception and Sexuality raised a number of concerns about the lack of compliance with the Covenant on several sexual reproductive rights issues. There was a failure of action to prevent maternal mortality, whose rate remained one of the highest in the European Union. Sexual education in schools was not mandatory. Access to contraceptives continued to be restricted for many women and were not covered by the health insurance scheme. Furthermore, there was a lack of access to safe and legal abortion.

One of the major barriers in access to legal abortion was the widespread conscience-based refusal on the part of health professionals and sometimes entire hospitals to provide abortion care. Women living with HIV/AIDS were often denied access to sexual and reproductive health services and maternal care.

Questions by Experts

On the perception of the general public regarding segregation of Roma, had there been any movement or progress, asked an Expert? Another Expert asked whether maternal mortality was particularly high among Roma? What were the main causes for maternal death?

An Expert had hoped to hear commentary on other issues that fell under the Covenant. Surely Romania had many other over-riding issues related to the Covenant.

Response by Stakeholders

There were no official figures on how many cases of maternal death were Roma women. However, on access to health services, there was data showing that Roma women were more vulnerable, particularly in accessing sexual and reproductive health services. The reporting and analysis of maternal deaths was not carried out in a consistent and effective manner, which further complicated things. A report issued by several non-governmental organizations this year with regards to women facing mental disabilities said that they were kept in official State institutions and abuse was systematic in those facilities.

AZZOUZ KERDOUN, Vice-Chairperson, thanked the non-governmental organizations from the three countries for the information they had shared.

__________________

For use of the information media; not an official record