COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES THIRTY-FIRST SESSION

28.11.2003

Issues Final Conclusions on Reports of Moldova, Yemen, Guatemala,
the Russian Federation and the Democratic People’s Republic of Korea


The Committee on Economic, Social and Cultural Rights concluded today its three-week autumn session, adopting its final conclusions and recommendations on reports of Moldova, Yemen, Guatemala, the Russian Federation and the Democratic People’s Republic of Korea.

The five countries are among the 148 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 initial report of Moldova, the Committee welcomed the establishment in 1998 of the Centre for Human Rights of Moldova, consisting of three Ombudspersons empowered to deal with cases of human rights violations. Among other things, the Committee noted with concern that the State party faced problems of corruption; and that low salaries of civil servants and judges obstructed the effective implementation of measures to combat corruption. The Committee recommended, among other things, that the State party strengthen its efforts to combat corruption; strengthen its efforts to improve job opportunities; take effective measures to reduce inequality between men and women; and reinforce its efforts to combat the phenomenon of trafficking in persons.

The Committee termed positive in the initial report of Yemen the various programmes adopted by the State party to promote and protect human rights, including the establishment of a Higher Committee for Human Rights; and the establishment of the National Committee on Women which served as the Government’s representative on women’s rights. It was concerned, among other things, about the high rate of infant and maternal mortality and the insufficient availability of health services; and about the persistence of extreme poverty. The Committee urged the State party to undertake effective measures to combat de facto discrimination against marginalized and vulnerable groups in the country; and to implement measures to combat domestic and sexual violence.
Among positive aspects in the second periodic report of Guatemala, the Committee welcomed the establishment of the Office for the Defence of Indigenous Women’s Rights for the promotion and development of proposals for government policies, plans and programmes for the defence of indigenous women’s rights. Among other things, the Committee was concerned by the insufficient progress made by the State party towards the effective implementation of the Peace Agreements of 1996, which had led to persistent serious problems, such as violence at the national level, intimidation, corruption, impunity and lack of constitutional, fiscal, educational and agrarian reforms. The Committee recommended, among other things, that the State party increase its efforts to combat discrimination against indigenous peoples; and that it ensure equality between women and men in all spheres of life.

The Committee termed positive in the fourth periodic report of the Russian Federation, the adoption of the Federal Act entitled “Political Parties” which contained provisions aiming at enhancing women’s participation in political life; and the new Labour Code of 2001, which introduced further protection against forced labour and discrimination in the field of labour and employment. While acknowledging the difficulties posed by the ongoing military operations in Chechnya, the Committee was concerned about the problems faced by people in the Chechen Republic with regard to the provision of basic services, including health care and education. Among its recommendations, the Committee urged that the State party ensure that the lack of residence registration and other personal identity documents would not become an obstacle to the enjoyment of economic, social and cultural rights.

Among positive aspects in the second periodic report of the Democratic People’s Republic of Korea, the Committee acknowledged the efforts carried out by the State party and the population to overcome the effects of the natural disasters from the mid nineties, including the reconstruction of the food production infrastructure. Among other things, the Committee expressed its concern about the persistence of traditional attitudes and practices prevailing in the society with regard to women that negatively effected their enjoyment of economic, social and cultural rights. It recommended, among other things, that the State party join the International Labour Organization (ILO) as a full member and consequently ratify the main ILO conventions in due course.

Also during the session, the Committee held a day of general discussion on article 6 of the Covenant concerning the right to work. The Committee is expected to elaborate a general comment on the right to work during its next session.

The next session of the Committee will take place from 26 April to 14 May 2004 in Geneva during which the Committee is expected to consider reports from Lithuania, Greece, Kuwait, Spain and Ecuador.

Final Conclusions on the Report of Moldova

Among positive aspects in the report of Moldova, the Committee welcomed the establishment in 1998 of the Centre for Human Rights of Moldova, consisting of three Ombudspersons empowered to deal with cases of human rights violations. It also welcomed the adoption in November 2003 of the National Human Rights Action Plan in conformity with the recommendations of the 1993 Vienna Declaration and Programme of Action. The Committee welcomed the establishment of a National Commission for Women’s Issues, the new Labour Code of 29 August 2003, the Law on Employment and Social Protection for Job Seekers of 13 March 2003, and the State party’s ratification of ILO Convention No. 182.



Among other things, the Committee regretted that national courts had so far not made reference to the Covenant in any of their rulings. It noted with concern that the State party faced problems of corruption; and that low salaries of civil servants and judges obstructed the effective implementation of measures to combat corruption. The Committee was concerned about the high rates of unemployment, and that the lack of job opportunities and low salaries had prompted massive emigration of people in the active and working age, a majority of whom worked abroad illegally without social insurance and legal protection. The Committee was alarmed at the extent of trafficking in persons, particularly in women, despite the various measures taken by the State party to prevent and combat that phenomenon. It was also concerned about the high poverty rate; the deterioration of the public health; and the rising incidence of tuberculosis and HIV/AIDS. It was concerned about the continuing high level of infant and maternal mortality; and that the number of abortions remained high.

The Committee recommended, among other things, that the Centre for Human Rights give prominence to economic, social and cultural rights in its activities; that the State party strengthen its efforts to combat corruption; reinforce its efforts to promote inter-ethnic dialogue and tolerance among the different ethnic groups living within its jurisdiction with a view to eliminating discrimination; strengthen its efforts to improve job opportunities; and take effective measures to reduce inequality between men and women. It urged the State party to increase its efforts to establish a national minimum wage which was sufficient to ensure an adequate standard of living for workers and their families; to ensure that the social security and pension systems under reform give special attention to the needs of the most disadvantaged and vulnerable groups in society; and to reinforce its efforts to combat the phenomenon of trafficking in persons.

Final Conclusions on the Report of Yemen

Among positive aspects in the report of Yemen, the Committee welcomed the various programmes adopted by the State party to promote and protect human rights, including the establishment of a Higher Committee for Human Rights; the establishment of the National Committee on Women which served as the Government’s representative on women’s rights and was charged with the task of reviewing and drafting legislation relevant to women; and the Local Authority Act No.4 of 2000, which aimed to ensure a fair distribution of services, programmes and projects to the widely decentralized administration of social affairs.

The Committee was concerned, among other things, about the persistence of de facto discrimination, within the Yemeni civil society, in relation to some marginalized and vulnerable groups, commonly referred to as Akhdam, Ahjur or Zubud. Despite the measures taken by the State party to advance the status of women in Yemen, the Committee was concerned about the existence of certain customs, traditions and cultural practices which led to substantial discrimination against women and girls and that there were still persisting patterns of discrimination, particularly in family and personal, as well as inheritance law. It was concerned about the lack of measures to combat sexual and domestic violence and the lack of legislation to criminalize such violence. Further, it was concerned about the high rate of infant and maternal mortality and the insufficient availability of health services; about the persistence of extreme poverty in the State party; about the living conditions of prisoners and detainees; about the persisting water crisis which constituted an alarming environmental emergency; about the rising incidence of HIV/AIDS; about the persistent consumption of khat especially when up to about 50 per cent of household incomes were allocated to its consumption; and about the high level of tobacco consumption among the youth.



Among its recommendations, the Committee urged the State party to undertake effective measures to combat de facto discrimination against marginalized and vulnerable groups; and strongly recommended that the State party amend existing legislation in accordance with the provisions of article 3 of the Covenant. It recommended that the State party establish a system of an adequate remuneration which was sufficient to ensure an adequate standard of living for workers; implement measures to combat domestic and sexual violence; increase efforts to reduce the rate of infant and maternal mortality; take effective measures to combat the problem of poverty; introduce strategies, plans of action, legislation or other measures to address the scarcity of water; take effective measures to combat the wide spread consumption of khat; undertake immediate measures to implement the recently developed national work plan for tobacco control; take effective measures to combat illiteracy; and intensify its efforts to control the spread of HIV/AIDS.

Final Conclusions on the Report of Guatemala

Among positive aspects in the report of Guatemala, the Committee noted with satisfaction the constitutional provisions establishing the post of the Prosecutor for Human Rights, as well as the adoption of the law on the Parliamentary Commission on Human Rights, and the law on the Prosecutor for Human Rights. The Committee also welcomed the elaboration by the Prosecutor for Human Rights of a Management Plan for years 2002-2007. It welcomed the establishment of the Office for the Defence of Indigenous Women’s Rights for the promotion and development of proposals for government policies, plans and programmes for the defence of indigenous women’s rights. It took note with satisfaction of the adoption of the Legislative Decree No. 19 of May 2003 on national languages recognizing, promoting and respecting languages of Maya, Garifuna and Xinka people.

Among other things, the Committee was concerned by the insufficient progress made by the State party towards the effective implementation of the Peace Agreements of 1996, which had led to persistent serious problems, such as violence at the national level, intimidation, corruption, impunity and lack of constitutional, fiscal, educational and agrarian reforms. All these had impacted adversely on the full realization of economic, social and cultural rights enshrined in the Covenant, particularly with regard to indigenous peoples. It was also concerned about the persisting discrimination against indigenous populations; about the de facto inequality between women and men, which was perpetuated by the traditional prejudices and social conditions; about the high level of unemployment, in particular among indigenous peoples; about sexual harassment of women in the workplace; at the lack of effective measures to reunite families separated by the conflict, to establish the whereabouts of disappeared children and to safeguard the rights of war orphan children; about the persistent problem of child labour; about the extent of the problem of violence against women; about the high level of poverty which affected, according to official statistics, 73.8 per cent among indigenous and 40.6 per cent among non-indigenous populations; and about the negative effects of the coffee crisis on rural employment and the standard of living.

The Committee recommended, among other things, that the State party make every possible effort to provide adequate follow up to various issues contained in the Peace Agreements of 1996, which following over 30 years of civil unrest laid the foundation for the national reconciliation and for the promotion of human rights; recommended that the State party increase its efforts to combat discrimination against indigenous peoples; ensure equality between women and men in all spheres of life; increase its efforts to combat unemployment by strengthening technical and professional training programmes; ensure that the minimum wage was increased regularly in proportion to the cost of living; verify and ensure the fulfilment of labour legislation concerning occupational health and safety conditions; take all necessary measures to ensure that the coverage of the national social security system was significantly extended to include rural and domestic workers and their families; address the condition of people with disabilities by formulating adequate implementation measures in that area; take all necessary measures to address the persistent problem of child labour; take measures to reduce child and maternal mortality; undertake effective measures to combat drug addiction; and to make efforts to increase school attendance of children, particularly of indigenous children.

Final Conclusions on the Report of the Russian Federation

Among positive aspects in the report of the Russian Federation, the Committee noted with appreciation that the Constitutional Court continued to apply the Covenant in its rulings. It welcomed the adoption of the Federal Act entitled “Political Parties” which contained provisions aiming at enhancing women’s participation in political life; the new Labour Code of 2001, which introduced further protection against forced labour and discrimination in the field of labour and employment; and the State party’s ratification of ILO Convention 182 (Worst Forms of Child Labour) on 25 March 2003.

The Committee was deeply concerned about the poor living conditions in the Republic of Chechnya and noted with regret that sufficient information was not provided on the problem in the State party’s report. While acknowledging the difficulties posed by the ongoing military operations, the Committee was concerned about the problems faced by people in the Chechen Republic with regard to the provision of basic services, including health care and education. Further, the Committee was concerned about the precarious situation of indigenous communities in the State party, affecting their right to self-determination under article 1 of the Covenant. The Committee remained concerned about gender inequality in the State party, particularly with regard to discrimination in employment, in the family, and in political representation.

The Committee remained concerned about the relatively high rates of unemployment in the State party, particularly among young people, women, people of pre-pensionable age and persons with disabilities; about the low level of wages with an estimated 32.8 per cent of workers earning wages equal to or below the subsistence level; about the high incidence of serious accidents in the workplace; about the difference in wages between men and women as well as about working conditions for women; and about sexual harassment of women in the workplace. It was also concerned about the high incidence of trafficking in persons; about the high incidence of domestic violence; about the problem of street children in the major cities of the State party; about reports indicating maltreatment of conscripts in the armed services; about the general deterioration of the level of availability and accessibility of health care; about the high incidence of tuberculosis in prisons; about the sharp increase in the HIV infection rate during the last three years; and about the high levels of infant and maternal mortality.

Among its recommendations, the Committee urged the State party to allocate sufficient funds to reinstate basic services, including the health and education infrastructure, in the Chechen Republic. It also urged that the State party ensure that the lack of residence registration and other personal identity documents would not become an obstacle to the enjoyment of economic, social and cultural rights. The Committee recommended that the State party ensure that programmes to promote employment were targeted to the regions and groups that were most affected; that effective measures be taken to promote the integration of persons with disabilities into the labour market; that the State party take measures to raise wages; ensure that adequate funds were allocated for the prevention of accidents in the workplace and to strengthen the resources and powers of the labour inspectorate; ensure effective implementation of existing anti-trafficking legislation; strengthen its efforts to address the problem of homelessness; and intensify its efforts to combat tuberculosis, under the special federal programme “Urgent measures to tackle tuberculosis in Russia for the period 1998-2004”.


Final Conclusions on the Report of the Democratic People’s Republic of Korea

Among positive aspects in the report of the Democratic People’s Republic of Korea, the Committee acknowledged the efforts by the State party and the population to overcome the effects of the natural disasters from the mid nineties, including the reconstruction of the food production infrastructure; it noted with appreciation the willingness of the State party to continue its cooperation with the Committee; the wide coverage of free health care in the State party; and the full implementation of a free and universal 11 - year education system.

The Committee expressed its concern about the persistence of traditional attitudes and practices prevailing in the society with regard to women that negatively effected their enjoyment of economic, social and cultural rights. The Committee was concerned that the right to work might not be fully assured in the present system of compulsory State allocated employment, which was contrary to the right of the individuals to freely choose his/her career or his/her workplace. It noted with concern that the Korean legislation established a single trade union structure, which was controlled by the ruling party. It was also concerned about the information according to which some segments of the population were still suffering from hardship due to the period of reconstruction and reform and might be in need of extra support from the public authorities. It expressed deep concern about the high rate of children under five who were chronically malnourished (government statistics indicated 45 per cent), as well as the high incidence of poverty-related diseases.

Among its recommendations, the Committee invited the State party to set up a mechanism for the effective monitoring of the progressive implementation of the Covenant; and it should continue to seek international assistance and engage itself in the international cooperation and in the regional activities undertaken by international and regional agencies, including the Office of the United Nations High Commissioner for Human Rights. It recommended that the State party join the ILO as a full member and consequently ratify the main ILO conventions in due course. It suggested that domestic legislation be reviewed with the aim to give full effect to the principle of non-discrimination against women; and that the State party review its legislation in order to eliminate penalties against persons having travelled abroad in quest for employment and better living conditions. The Committee further invited the State party to investigate the possibility to increase in due course the budgetary allocations for social expenditure, to increase the public assistance for people in need and to enable persons looking for employment, particularly women, to find jobs in the country. The Committee further recommended that increased attention be paid by the competent authorities to provide adequate nutrition to children suffering from chronic malnutrition; that effective measures be taken to improve the conditions of maternal care, including the prenatal health services and medical assistance at birth; and that the State party adopt a comprehensive HIV/AIDS prevention strategy, including awareness raising campaigns and a blood safety programme.

Committee on Economic, Social and Cultural Rights

The Economic and Social Council established the Committee in 1985. Elected by the Economic and Social Council by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.

The Committee is composed of the following Experts: Clement Atangana (Cameroon), Rocio Barahona Riera (Costa Rica), Virginia Bonoan-Dandan (Philippines), Maria Virginia Bras Gomes (Portugal), Dumitru Ceausu (Romania), Abdessatar Grissa (Tunisia), Chokila Iyer (India), Azzouz Kerdoun (Algeria),Yuri Kolosov (the Russian Federation), Giorgio Malinverni (Switzerland), Jaime Marchán Romero (Ecuador), Sergei Martynov (Belarus), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Riedel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), and Alvaro Tirado Mejia (Colombia).

Ms. Bonoan-Dandan is Chairperson. Vice-Chairpersons are Mr. Marchand Romero, Mr. Riedel and Mr. Kerdoun. The Rapporteur is Mr. Ceausu.