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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF NETHERLANDS (ANTILLES)
04 May 2007
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Committee on Economic, Social
and Cultural Rights
4 May 2007
The Committee on Economic, Social and Cultural Rights has considered the second periodic report of the Netherlands (Antilles) on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Virlène Els, Policy Advisor of the Directorate of Labour Affairs and Head of the Delegation, said the Government of the Netherlands (Antilles) was duly aware of its obligations under the International Covenant on Economic, Social and Cultural Rights, and, during the period under review, had sought to implement to the best of its abilities the provisions of the Covenant. However, a number of circumstances regrettably hindered a speedier implementation of the rights covered by the Covenant. During the period covered by the report, the Government was able to implement a number of legislative changes and other measures in order to make progress in the observance of the rights established by the Covenant.
Among questions asked by the Experts were whether the Government was working to apply the provisions of the Covenant, and whether they were applicable yet; why was it that the Constitution mentioned fundamental rights but did not expand on the issue; what were the legislative and other measures adopted by the Government to eliminate inequalities between men and women; whether, if the Government was not planning laws and policies on equal rights, it was implementing any programmes in this regard; what had been the results of the work of the offices on social benefits and how the Government had managed to convince people that it was more important to work rather than receive social benefits that were not that high; what was the specific legislation that had been passed with regards to familial violence; and what were the effective results that had been obtained with regards to investment in development and what was being done with the money in the Development Fund.
In concluding remarks, Henri Vjiber, Special Advisor to the Minister of Education and Culture and a member of the delegation, said that the Netherlands (Antilles) wished to thank the Committee for considering its report. The Netherlands (Antilles) was aware that there were factors and difficulties impeding full implementation, but it was doing its best. By making this report, it realised ever more the importance of the rights in the Covenant. This experience would stimulate the Government to implement these rights further.
The delegation also included representatives of the Social Security Bank of the Netherlands (Antilles), the Ministry of Education and Culture, the Office of Foreign Relations, the Directorate of Justice, and the Permanent Mission of the Netherlands to the United Nations Office at Geneva.
The concluding observations of the Committee on the report of the Netherlands (Antilles) will be issued towards the end of the session, which concludes on Friday, 18 May.
When the Committee reconvenes at 10 a.m. on Monday, 7 May, it will start its consideration of the fifth periodic report of Finland (E/C.12/FIN/5).
Report of the Netherlands (Antilles)
The third periodic report of the Netherlands (Antilles) (E/C.12/ANT/3) covers the period from July 1995 to June 2003. In relation to the poor financial situation of the Government of the Netherlands (Antilles) since the second half of the 1980s, in the mid-1990s the so-called 1996-2000 Structural Adaptation Programme was drawn up with the help of the International Monetary Fund. However, this programme contained many measures that would have increased the public’s burden enormously. On the basis of this problem, the Central Government took a fundamental approach and in 1998 presented the 1998-2002 Financial-Economic Recovery Programme Memorandum, partly on the basis of the Government’s financial-economic policy, the starting point for which was the precarious financial situation, which had direct consequences in a great many areas and which has negatively influenced the economy of the Netherlands (Antilles) as well as that of the different islands. Economic decline led to cuts in government expenditure, especially in the sphere of government investments and structural provisions.
With the aim of achieving an efficient and effective governmental apparatus, a new governmental structure was established in 2000. The new organizational structure is less hierarchical than the previous one and the new government currently performs the essential tasks of policy-making, adopting laws and regulations as well as supervision. In the Netherlands (Antilles) the right to equal treatment is guaranteed by the direct applicability in the legal system of the prohibition of discrimination contained in article 26 of the International Covenant on Civil and Political Rights and article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In 1990 the discrepancy in salary between married men, unmarried persons and married women working for the Government was abolished, with retroactive applicability to and including August 1986.
Regarding the Committee’s concern over the existence of three minimum wage levels on each island, a situation that may give rise to or reflect situations of discrimination, the Government would make the following observations. Different levels of minimum wage came into being on the basis of the “capacity to pay” principle, whereby industrial sectors that were regarded as capable of paying higher wages were obliged to do so. This meant that the degree of protection via the minimum wage was higher for a considerable proportion of the population than it would have been if a single minimum wage had been set, since the latter would have had to be set at the level of the weakest industrial sector. Freedom of association, demonstration and assembly is guaranteed by the existence of employees’ associations which have the status of legal entities. These associations must comply with the provisions of the Civil Code of the Netherlands (Antilles) if they wish to obtain legal personality.
Presentation of Report
Virlène ElS, Policy Advisor of the Directorate of Labour Affairs and Head of the Delegation, introducing the report, said at present in the Netherlands (Antilles) there was one development that practically overshadowed all others, namely the restructuring of the Kingdom of the Netherlands, whereby changes would take effect in the relationship between the Netherlands and the respective islands of the Netherlands (Antilles), as well as between the five islands of the country, with a separate status within the Kingdom of the Netherlands for Curaçao and St Maarten, and the integration of Bonaire, Saba and St Eustatius as special entities in the Dutch State.
The Government of the Netherlands (Antilles) was duly aware of its obligations under the International Covenant on Economic, Social and Cultural Rights, and, during the period under review, had sought to implement to the best of its abilities the provisions of the Covenant. However, a number of circumstances regrettably hindered a speedier implementation of the rights covered by the Covenant. The small scale of the Antillean economy and the limited economic growth in recent years of the largest island was a factor that could not be discarded. Another debilitating circumstance was the worrisome state of public finances: the Netherlands Antilles at present faced a national debt of some 2 billion Euros, and thus debt servicing consumed a large part of national income and made impossible necessary investments in the social structure.
During the period covered by the report, the Government was able to implement a number of legislative changes and other measures in order to make progress in the observance of the rights established by the Covenant. The unemployment rate remained a matter of concern for the Government. The Netherlands (Antilles) was a small country with limited resources, and this fact forced the Government to set priorities and make choices on the basis of those priorities. Poverty alleviation was one of the main priorities of the Government, as was education, with regards to which changes had occurred at all levels with the aim of improving the quality, accessibility and link-up between the different levels of education.
Questions by Experts
Taking up articles one to six of the Covenant, Experts raised a number of questions and issues, including whether the Government was working to apply the provisions of the Covenant, and whether they were applicable yet; whether it was considering withdrawing the reservation on the right to strike; was a change in the present practice of not giving the Covenant direct applicability likely or not; could the Covenant be directly invoked before the courts and was there any case law in this regard; why was it that the Constitution mentioned fundamental rights but did not expand on the issue, and was it up to the courts to clarify the issue; whether these “fundamental rights” included economic, social and cultural rights; what measures were taken to protect vulnerable areas of the population from discrimination including the disabled, children, and children of immigrants; what was being done to remedy the large discrepancy between men’s and women’s salaries; a request for further details of measures to combat discrimination in exercising the rights set forth in the Covenant; what were the legislative and other measures adopted by the Government to eliminate inequalities between men and women; and what, in the process of drafting the future Constitution, would be the fundamental principles on which it would be based, namely, would it include a specific provision for non-discrimination.
Response by Delegation
Responding, on the topic of the applicability of the Covenant, the delegation said at this moment, as stated by the Government as a response to the concerns raised by the Committee after the examination of the previous report on the extent to which the provisions of the Covenant could be considered to be directly applicable, the Government would take this issue into consideration, and would include in the next report examples of case law concerning the rights in the Covenant. The courts up to now considered the rights in the Covenant only up to the extent that they considered them to be directly applicable.
On the training in human rights in compulsory education, the delegation said that in the last few years two kinds of compulsory education had been introduced: for children from 4 to 18 in school, and social formation for youngsters from 16 to 24 who had dropped out of school and had no formal qualifications. The intention of the Government was to close the gap between these two groups. There was also work on reducing the number of drop-outs. On equal pay for equal work between men and women, the Government stated there was no inequality between men and women, particularly with regards to pay. There were no legal provisions impeding equal wages; what did exist were equal promotion opportunities, both in the public and private sector, based on performance, and with no consideration for gender. There was therefore no inequality in this field.
On the constitutional relationship between the Netherlands and the Netherlands (Antilles), the Netherlands (Antilles), the Netherlands and Aruba constituted the Kingdom of the Netherlands, and were governed by the Charter of the Netherlands, which came into effect in 1954, and accorded full internal self-government to the Netherlands (Antilles); however, there were a limited number of matters which lay outside the authority of the Netherlands (Antilles), including foreign affairs, defence, and nationality issues. The responsibility for these matters rested with the Kingdom of the Netherlands. All other matters rested with the internal affairs of the Government of the Netherlands (Antilles<<
It was extremely difficult to get the information to put together a report, the delegation said, and many factors contributed to this, including lack of qualified personnel and lack of awareness of the importance of the treaty and of the international obligation that the country had under the treaty. There were also communication problems, due to the geographical situation of the country, which was made up of five islands in two clusters. The changes that would be brought about in the Constitution would not be to the effect that the Netherlands Antilles would become an independent country. The Netherlands (Antilles) would therefore retain Dutch nationality for its citizens.
On what measures were used to promote gender equality, there was a Directorate for Social Development, and this had the responsibility for gender issues. Apart from that, not all the island territories had a unit within the Government that was responsible for gender issues, but efforts went on to promote gender equality, for example in the area of violence against women. The Government was working to limit the brain-drain by stimulating students to study within the Netherlands (Antilles), mainly in Curaçao. The Convention had been translated to Dutch and existed in English, however it had not yet been translated into the other main language of the country.
Questions by Experts
In follow-up questions, Experts asked what changes had been made in the powers with regards to granting nationality and what happened with the signature of international agreements and compliance with these agreements subsequent to the constitutional changes; what were the obligations and responsibilities of the State concerning the Covenant in terms of the new Constitution; where the responsibilities lay in the implementation of the international responsibilities, whether with States or regions; and what was the contribution of the European Union to development and whether there had been a decrease in this and a decline in the cooperation extended by the European Union at a time when the economy of the Netherlands (Antilles) was undergoing problems.
Response by Delegation
Responding, the delegation said with regards to the issue of the so-called Kingdom Matters and whether there would be changes with regards to these in the new Constitution, this would not be the case, they would remain unchanged. On responsibility for compliance with the treaty, the Convention covered areas of Governmental concern which belonged to the full internal self-Government of the Netherlands (Antilles), and it was therefore responsible for this implementation, although it was the Netherlands which had signed the treaty on its behalf. On the importance of international cooperation and the seeming decrease in the amount of funds made available to the Netherlands (Antilles), this information would have to be sent at a later date.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts asked, among other things, with regards to the three levels of minimum wage and that this should not be seen as a subsistence income, whether the effect of the change from these three levels to a minimum hourly wage had impacted subsistence levels; if the Government was not planning laws and policies on equal rights, whether it was implementing any programmes in this regard; issues linked to the huge disparities between the islands; what had been the results of the work of the offices on social benefits and how the Government had managed to convince people that it was more important to work rather than receive social benefits that were not that high; whether any targeted measures had been taken to improve the unemployment situation for women; and what was envisaged with regards to improving the situation with regards to discrimination against children.
Taking up articles 10 to 12 of the Covenant, Experts asked, among other things, what was the specific legislation that had been passed with regards to familial violence and what was being done in this regard; whether there were any bills ready or what was the Government’s vision on putting laws on anti-discrimination against women and violence against women into the legislative system; what sort of protection was provided to senior citizens and the elderly in the form of social protection and how their specific needs were covered as a vulnerable group; whether figures on the extent of the population living in poverty could be provided; whether the Government had considered adopting the Committee’s suggested strategy for poverty-reduction; a request for more specifics on what was being done to reduce the shortage of social housing in particular for the poor and disadvantaged groups; what were the results of the work of the Working Group on trafficking in persons; had there been protection of the trafficked up until now, and to what extent had they been protected; and whether more efforts had been made to encourage foster care.
Taking up articles 13 to 15, Experts asked, among other things, about issues linked to the reform of the educational system, and whether, since 2002, a summary of the results of this reform had been formulated; whether there had been any change in the policy of geographical representation for the language that was used for teaching in schools; what education was provided for linguistic minorities and whether this included education in their own languages; a request for more information on the various ethnic groups and the measures taken to protect and preserve their values and cultural identity; what were the effective results that had been obtained with regards to investment in development and what was being done with the money in the Development Fund; where did the resources come from for developing the country; was the Government considering moving closer to Latin America institutions and organizations as partners; the need for increased after-school care; and the need for long-term policy to promote and preserve the various cultures, as well as to provide alternate forms of entertainment for youth.
Response by Delegation
Responding to some of these questions, the delegation said on educational reform, for the Government this was a top priority, and it planned to complete the reform in 2011, having begun the process in 2002, and covering the whole range of education, from the age of 4 to 18 as well as at university. The vision of the Government was that there was a need to prepare the youth to be able to function as independent citizens in the community so that they could work and have a good standard of living. The view of the Government was that youth therefore also required to be given education in social skills. The Government of St Maarten had not wished to implement the law of compulsory education as it would have to build extra schools, and did not think it could afford this, but the Government of the Netherlands Antilles maintained that the right to education over-rode this. Educational laws were in accordance with those of Holland, as many students went to Holland for further education. With regards to the financing of education, the central Government determined how this would take place, but it remained up to the individual island governments.
With regards to language, this was a very topical problem. The majority of the country saw Dutch as a language to improve social status. The vision was thus that the best education was in the mother tongue, and the Government had decided to respect this, but also respect the right of the parents to decide what education they wanted for their children. Every child, after primary education, should be able to communicate in the three main languages. School boards had the authority to supply the different options, including bilingualism.
With regards to labour issues, Ms. Els said that questions had been posed on plans and measures to promote equality, and the Government had drafted a text on the promotion of equality, although this had not yet been put into place. It covered all grounds for disability, including gender, labour conditions, salaries, health, and education. As this was still in draft, no reference had been made to it in the report. This ordinance on equal treatment had to be passed by Parliament. The issue per island on the minimum wage was due to differences in the cost of living. Total elimination of the minimum wage was a political choice. On labour inspection, the constitutional changes implied that each island would have its own Labour Inspection Service, able to settle complaints, dismissal permits, and carry out labour inspection. In the near future, the amount of inspections would increase.
On the issue of legitimate and illegitimate children, the delegation said all children had the same rights to social security and insurance. On the courts of appeal, these were different judges from those in the lower courts. Appeals could be made to the higher courts, and then to the European courts. On children’s individual rights, they had the right to health insurance through their parents. On social security, on the death of an insured person, the orphans received on request a pension under the general Widows and Orphans Insurance Act for either as long as the child was in school or up to the age of 18.
With regards to the situation of boy children, the delegation said there was a lot of focus on women and the girl child, but this did not mean that the boy child was neglected; when speaking of children, this included both genders. On how people were encouraged to work rather than relying on social benefits, the Government tried to encourage people to work as being one of their human rights; there were specific programmes, some of which were also directed at women in particular. The delegation agreed that the low level of social security contributed to poverty, and a part of the population had seen their level of social security increase. Funds had been received for poverty alleviation in the past, and these had been used for the construction of social housing, among other uses. The Netherlands (Antilles) had not been able to define its poverty line yet.
The Netherlands (Antilles) did not know refugees in the sense that other countries knew them, but had been told that there were people in the islands that could not, for some reason, return to their own country. The Government had decided not to single them out, the delegation said, but there was a permanent committee that addressed all issues of people from other countries residing in the country. In the case of disaster, the Netherlands (Antilles) did not make a distinction between who was from the Netherlands (Antilles) or not, and help was given indiscriminately. There was a foundation to ensure foster care, and it was subsidised by the Government, as well as encouraging other programmes to address this particular issue. Single parent headed households received financial support for various purposes.
On what was being done to address the high prevalence of homicide, there had been a decline in the rate, the delegation said, as this was related to drugs problems. There were fewer incidents where youth and young men committed homicide in a drugs-related crime. This was a discussion point in the Ministry of Justice, where different aspects of homicide were being examined, and different information and awareness programmes were being set up both through non-governmental organizations and through the schools to make the youth aware of the problem. There were also awareness campaigns for drug awareness and drug addiction, and good results were being had from these.
On measures to protect persons with disabilities, at present, the Government was studying the possibility of becoming a party to the United Nations Convention on the Rights of Disabled Persons, and a new plan was being drafted on the situation and rights of persons with disabilities in the Netherlands (Antilles). On housing for persons with disabilities, the delegation said houses were built for these persons. On measures to protect victims of violence, there was an instruction to promote effective and efficient action by the police and judiciary. On the specific needs of the elderly, houses were built for the elderly, and free medical care was provided. With regards to persons with low incomes and less than the minimum wage, they received free medical care and could be the beneficiaries of subsidised housing. On the origin of resources for development, it came from the resources of the economy, from the Netherlands, from the European Union, and development assistance from the United Nations in the form of technical assistance from UNDP. On whether legislation would be included against domestic violence in the new Criminal Code, this was the case.
Questions by Experts
In follow-up questions, Experts asked, among other things, for further details on the policy to promote and protect cultural groups living in the islands and what these different groups were; for clarifications as to what institutional basis the Netherlands Government had taken over the debt of the Netherlands Antilles, and whether this was on an ad hoc basis; and a request for updated information on human rights education.
Response by Delegation
Responding, the delegation said that taking over the debt had been on an ad hoc basis. Without such a measure, it would be impossible for the Netherlands (Antilles) to make a new start. There were very strict supervision measures on this. On human rights education, this was an integral part of the curriculum, under social sciences, and in every type of education there was attention for human rights. On ethnic groups, the Netherlands (Antilles) was a very heterogeneous society, and there had been no scientific investigation into the exact number of ethnic groups. There had been an enormous influx of migrants over recent years, and the local population did feel threatened to a certain extent. The Government was not currently able to appreciate the enrichment these migrants brought, or to stimulate and conserve the authenticity of these groups. The citizens of the Netherlands (Antilles) had Dutch nationality, and were as free as the Dutch living in Europe to enter the Schengen area, as well as other benefits including visas.
Concluding Remarks
In concluding remarks, HENRI VJIBER, Special Advisor to the Minister of Education and Culture and a member of the delegation, said that the Netherlands (Antilles) wished to thank the Committee for considering its report. It was aware that there were factors and difficulties impeding full implementation of the provisions of the Covenant, but it was doing its best. By preparing this report, the Netherlands (Antilles) realised ever more the importance of the rights in the Covenant. This experience would stimulate the Government to implement these rights further. The Netherlands (Antilles) was open for suggestions and recommendations, and would do its best, in the next report, to show that it had complied with the recommendations and suggestions.
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For use of the information media; not an official record
and Cultural Rights
4 May 2007
The Committee on Economic, Social and Cultural Rights has considered the second periodic report of the Netherlands (Antilles) on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.
Virlène Els, Policy Advisor of the Directorate of Labour Affairs and Head of the Delegation, said the Government of the Netherlands (Antilles) was duly aware of its obligations under the International Covenant on Economic, Social and Cultural Rights, and, during the period under review, had sought to implement to the best of its abilities the provisions of the Covenant. However, a number of circumstances regrettably hindered a speedier implementation of the rights covered by the Covenant. During the period covered by the report, the Government was able to implement a number of legislative changes and other measures in order to make progress in the observance of the rights established by the Covenant.
Among questions asked by the Experts were whether the Government was working to apply the provisions of the Covenant, and whether they were applicable yet; why was it that the Constitution mentioned fundamental rights but did not expand on the issue; what were the legislative and other measures adopted by the Government to eliminate inequalities between men and women; whether, if the Government was not planning laws and policies on equal rights, it was implementing any programmes in this regard; what had been the results of the work of the offices on social benefits and how the Government had managed to convince people that it was more important to work rather than receive social benefits that were not that high; what was the specific legislation that had been passed with regards to familial violence; and what were the effective results that had been obtained with regards to investment in development and what was being done with the money in the Development Fund.
In concluding remarks, Henri Vjiber, Special Advisor to the Minister of Education and Culture and a member of the delegation, said that the Netherlands (Antilles) wished to thank the Committee for considering its report. The Netherlands (Antilles) was aware that there were factors and difficulties impeding full implementation, but it was doing its best. By making this report, it realised ever more the importance of the rights in the Covenant. This experience would stimulate the Government to implement these rights further.
The delegation also included representatives of the Social Security Bank of the Netherlands (Antilles), the Ministry of Education and Culture, the Office of Foreign Relations, the Directorate of Justice, and the Permanent Mission of the Netherlands to the United Nations Office at Geneva.
The concluding observations of the Committee on the report of the Netherlands (Antilles) will be issued towards the end of the session, which concludes on Friday, 18 May.
When the Committee reconvenes at 10 a.m. on Monday, 7 May, it will start its consideration of the fifth periodic report of Finland (E/C.12/FIN/5).
Report of the Netherlands (Antilles)
The third periodic report of the Netherlands (Antilles) (E/C.12/ANT/3) covers the period from July 1995 to June 2003. In relation to the poor financial situation of the Government of the Netherlands (Antilles) since the second half of the 1980s, in the mid-1990s the so-called 1996-2000 Structural Adaptation Programme was drawn up with the help of the International Monetary Fund. However, this programme contained many measures that would have increased the public’s burden enormously. On the basis of this problem, the Central Government took a fundamental approach and in 1998 presented the 1998-2002 Financial-Economic Recovery Programme Memorandum, partly on the basis of the Government’s financial-economic policy, the starting point for which was the precarious financial situation, which had direct consequences in a great many areas and which has negatively influenced the economy of the Netherlands (Antilles) as well as that of the different islands. Economic decline led to cuts in government expenditure, especially in the sphere of government investments and structural provisions.
With the aim of achieving an efficient and effective governmental apparatus, a new governmental structure was established in 2000. The new organizational structure is less hierarchical than the previous one and the new government currently performs the essential tasks of policy-making, adopting laws and regulations as well as supervision. In the Netherlands (Antilles) the right to equal treatment is guaranteed by the direct applicability in the legal system of the prohibition of discrimination contained in article 26 of the International Covenant on Civil and Political Rights and article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In 1990 the discrepancy in salary between married men, unmarried persons and married women working for the Government was abolished, with retroactive applicability to and including August 1986.
Regarding the Committee’s concern over the existence of three minimum wage levels on each island, a situation that may give rise to or reflect situations of discrimination, the Government would make the following observations. Different levels of minimum wage came into being on the basis of the “capacity to pay” principle, whereby industrial sectors that were regarded as capable of paying higher wages were obliged to do so. This meant that the degree of protection via the minimum wage was higher for a considerable proportion of the population than it would have been if a single minimum wage had been set, since the latter would have had to be set at the level of the weakest industrial sector. Freedom of association, demonstration and assembly is guaranteed by the existence of employees’ associations which have the status of legal entities. These associations must comply with the provisions of the Civil Code of the Netherlands (Antilles) if they wish to obtain legal personality.
Presentation of Report
Virlène ElS, Policy Advisor of the Directorate of Labour Affairs and Head of the Delegation, introducing the report, said at present in the Netherlands (Antilles) there was one development that practically overshadowed all others, namely the restructuring of the Kingdom of the Netherlands, whereby changes would take effect in the relationship between the Netherlands and the respective islands of the Netherlands (Antilles), as well as between the five islands of the country, with a separate status within the Kingdom of the Netherlands for Curaçao and St Maarten, and the integration of Bonaire, Saba and St Eustatius as special entities in the Dutch State.
The Government of the Netherlands (Antilles) was duly aware of its obligations under the International Covenant on Economic, Social and Cultural Rights, and, during the period under review, had sought to implement to the best of its abilities the provisions of the Covenant. However, a number of circumstances regrettably hindered a speedier implementation of the rights covered by the Covenant. The small scale of the Antillean economy and the limited economic growth in recent years of the largest island was a factor that could not be discarded. Another debilitating circumstance was the worrisome state of public finances: the Netherlands Antilles at present faced a national debt of some 2 billion Euros, and thus debt servicing consumed a large part of national income and made impossible necessary investments in the social structure.
During the period covered by the report, the Government was able to implement a number of legislative changes and other measures in order to make progress in the observance of the rights established by the Covenant. The unemployment rate remained a matter of concern for the Government. The Netherlands (Antilles) was a small country with limited resources, and this fact forced the Government to set priorities and make choices on the basis of those priorities. Poverty alleviation was one of the main priorities of the Government, as was education, with regards to which changes had occurred at all levels with the aim of improving the quality, accessibility and link-up between the different levels of education.
Questions by Experts
Taking up articles one to six of the Covenant, Experts raised a number of questions and issues, including whether the Government was working to apply the provisions of the Covenant, and whether they were applicable yet; whether it was considering withdrawing the reservation on the right to strike; was a change in the present practice of not giving the Covenant direct applicability likely or not; could the Covenant be directly invoked before the courts and was there any case law in this regard; why was it that the Constitution mentioned fundamental rights but did not expand on the issue, and was it up to the courts to clarify the issue; whether these “fundamental rights” included economic, social and cultural rights; what measures were taken to protect vulnerable areas of the population from discrimination including the disabled, children, and children of immigrants; what was being done to remedy the large discrepancy between men’s and women’s salaries; a request for further details of measures to combat discrimination in exercising the rights set forth in the Covenant; what were the legislative and other measures adopted by the Government to eliminate inequalities between men and women; and what, in the process of drafting the future Constitution, would be the fundamental principles on which it would be based, namely, would it include a specific provision for non-discrimination.
Response by Delegation
Responding, on the topic of the applicability of the Covenant, the delegation said at this moment, as stated by the Government as a response to the concerns raised by the Committee after the examination of the previous report on the extent to which the provisions of the Covenant could be considered to be directly applicable, the Government would take this issue into consideration, and would include in the next report examples of case law concerning the rights in the Covenant. The courts up to now considered the rights in the Covenant only up to the extent that they considered them to be directly applicable.
On the training in human rights in compulsory education, the delegation said that in the last few years two kinds of compulsory education had been introduced: for children from 4 to 18 in school, and social formation for youngsters from 16 to 24 who had dropped out of school and had no formal qualifications. The intention of the Government was to close the gap between these two groups. There was also work on reducing the number of drop-outs. On equal pay for equal work between men and women, the Government stated there was no inequality between men and women, particularly with regards to pay. There were no legal provisions impeding equal wages; what did exist were equal promotion opportunities, both in the public and private sector, based on performance, and with no consideration for gender. There was therefore no inequality in this field.
On the constitutional relationship between the Netherlands and the Netherlands (Antilles), the Netherlands (Antilles), the Netherlands and Aruba constituted the Kingdom of the Netherlands, and were governed by the Charter of the Netherlands, which came into effect in 1954, and accorded full internal self-government to the Netherlands (Antilles); however, there were a limited number of matters which lay outside the authority of the Netherlands (Antilles), including foreign affairs, defence, and nationality issues. The responsibility for these matters rested with the Kingdom of the Netherlands. All other matters rested with the internal affairs of the Government of the Netherlands (Antilles<<
It was extremely difficult to get the information to put together a report, the delegation said, and many factors contributed to this, including lack of qualified personnel and lack of awareness of the importance of the treaty and of the international obligation that the country had under the treaty. There were also communication problems, due to the geographical situation of the country, which was made up of five islands in two clusters. The changes that would be brought about in the Constitution would not be to the effect that the Netherlands Antilles would become an independent country. The Netherlands (Antilles) would therefore retain Dutch nationality for its citizens.
On what measures were used to promote gender equality, there was a Directorate for Social Development, and this had the responsibility for gender issues. Apart from that, not all the island territories had a unit within the Government that was responsible for gender issues, but efforts went on to promote gender equality, for example in the area of violence against women. The Government was working to limit the brain-drain by stimulating students to study within the Netherlands (Antilles), mainly in Curaçao. The Convention had been translated to Dutch and existed in English, however it had not yet been translated into the other main language of the country.
Questions by Experts
In follow-up questions, Experts asked what changes had been made in the powers with regards to granting nationality and what happened with the signature of international agreements and compliance with these agreements subsequent to the constitutional changes; what were the obligations and responsibilities of the State concerning the Covenant in terms of the new Constitution; where the responsibilities lay in the implementation of the international responsibilities, whether with States or regions; and what was the contribution of the European Union to development and whether there had been a decrease in this and a decline in the cooperation extended by the European Union at a time when the economy of the Netherlands (Antilles) was undergoing problems.
Response by Delegation
Responding, the delegation said with regards to the issue of the so-called Kingdom Matters and whether there would be changes with regards to these in the new Constitution, this would not be the case, they would remain unchanged. On responsibility for compliance with the treaty, the Convention covered areas of Governmental concern which belonged to the full internal self-Government of the Netherlands (Antilles), and it was therefore responsible for this implementation, although it was the Netherlands which had signed the treaty on its behalf. On the importance of international cooperation and the seeming decrease in the amount of funds made available to the Netherlands (Antilles), this information would have to be sent at a later date.
Questions by Experts
Taking up articles six to nine of the Covenant, Experts asked, among other things, with regards to the three levels of minimum wage and that this should not be seen as a subsistence income, whether the effect of the change from these three levels to a minimum hourly wage had impacted subsistence levels; if the Government was not planning laws and policies on equal rights, whether it was implementing any programmes in this regard; issues linked to the huge disparities between the islands; what had been the results of the work of the offices on social benefits and how the Government had managed to convince people that it was more important to work rather than receive social benefits that were not that high; whether any targeted measures had been taken to improve the unemployment situation for women; and what was envisaged with regards to improving the situation with regards to discrimination against children.
Taking up articles 10 to 12 of the Covenant, Experts asked, among other things, what was the specific legislation that had been passed with regards to familial violence and what was being done in this regard; whether there were any bills ready or what was the Government’s vision on putting laws on anti-discrimination against women and violence against women into the legislative system; what sort of protection was provided to senior citizens and the elderly in the form of social protection and how their specific needs were covered as a vulnerable group; whether figures on the extent of the population living in poverty could be provided; whether the Government had considered adopting the Committee’s suggested strategy for poverty-reduction; a request for more specifics on what was being done to reduce the shortage of social housing in particular for the poor and disadvantaged groups; what were the results of the work of the Working Group on trafficking in persons; had there been protection of the trafficked up until now, and to what extent had they been protected; and whether more efforts had been made to encourage foster care.
Taking up articles 13 to 15, Experts asked, among other things, about issues linked to the reform of the educational system, and whether, since 2002, a summary of the results of this reform had been formulated; whether there had been any change in the policy of geographical representation for the language that was used for teaching in schools; what education was provided for linguistic minorities and whether this included education in their own languages; a request for more information on the various ethnic groups and the measures taken to protect and preserve their values and cultural identity; what were the effective results that had been obtained with regards to investment in development and what was being done with the money in the Development Fund; where did the resources come from for developing the country; was the Government considering moving closer to Latin America institutions and organizations as partners; the need for increased after-school care; and the need for long-term policy to promote and preserve the various cultures, as well as to provide alternate forms of entertainment for youth.
Response by Delegation
Responding to some of these questions, the delegation said on educational reform, for the Government this was a top priority, and it planned to complete the reform in 2011, having begun the process in 2002, and covering the whole range of education, from the age of 4 to 18 as well as at university. The vision of the Government was that there was a need to prepare the youth to be able to function as independent citizens in the community so that they could work and have a good standard of living. The view of the Government was that youth therefore also required to be given education in social skills. The Government of St Maarten had not wished to implement the law of compulsory education as it would have to build extra schools, and did not think it could afford this, but the Government of the Netherlands Antilles maintained that the right to education over-rode this. Educational laws were in accordance with those of Holland, as many students went to Holland for further education. With regards to the financing of education, the central Government determined how this would take place, but it remained up to the individual island governments.
With regards to language, this was a very topical problem. The majority of the country saw Dutch as a language to improve social status. The vision was thus that the best education was in the mother tongue, and the Government had decided to respect this, but also respect the right of the parents to decide what education they wanted for their children. Every child, after primary education, should be able to communicate in the three main languages. School boards had the authority to supply the different options, including bilingualism.
With regards to labour issues, Ms. Els said that questions had been posed on plans and measures to promote equality, and the Government had drafted a text on the promotion of equality, although this had not yet been put into place. It covered all grounds for disability, including gender, labour conditions, salaries, health, and education. As this was still in draft, no reference had been made to it in the report. This ordinance on equal treatment had to be passed by Parliament. The issue per island on the minimum wage was due to differences in the cost of living. Total elimination of the minimum wage was a political choice. On labour inspection, the constitutional changes implied that each island would have its own Labour Inspection Service, able to settle complaints, dismissal permits, and carry out labour inspection. In the near future, the amount of inspections would increase.
On the issue of legitimate and illegitimate children, the delegation said all children had the same rights to social security and insurance. On the courts of appeal, these were different judges from those in the lower courts. Appeals could be made to the higher courts, and then to the European courts. On children’s individual rights, they had the right to health insurance through their parents. On social security, on the death of an insured person, the orphans received on request a pension under the general Widows and Orphans Insurance Act for either as long as the child was in school or up to the age of 18.
With regards to the situation of boy children, the delegation said there was a lot of focus on women and the girl child, but this did not mean that the boy child was neglected; when speaking of children, this included both genders. On how people were encouraged to work rather than relying on social benefits, the Government tried to encourage people to work as being one of their human rights; there were specific programmes, some of which were also directed at women in particular. The delegation agreed that the low level of social security contributed to poverty, and a part of the population had seen their level of social security increase. Funds had been received for poverty alleviation in the past, and these had been used for the construction of social housing, among other uses. The Netherlands (Antilles) had not been able to define its poverty line yet.
The Netherlands (Antilles) did not know refugees in the sense that other countries knew them, but had been told that there were people in the islands that could not, for some reason, return to their own country. The Government had decided not to single them out, the delegation said, but there was a permanent committee that addressed all issues of people from other countries residing in the country. In the case of disaster, the Netherlands (Antilles) did not make a distinction between who was from the Netherlands (Antilles) or not, and help was given indiscriminately. There was a foundation to ensure foster care, and it was subsidised by the Government, as well as encouraging other programmes to address this particular issue. Single parent headed households received financial support for various purposes.
On what was being done to address the high prevalence of homicide, there had been a decline in the rate, the delegation said, as this was related to drugs problems. There were fewer incidents where youth and young men committed homicide in a drugs-related crime. This was a discussion point in the Ministry of Justice, where different aspects of homicide were being examined, and different information and awareness programmes were being set up both through non-governmental organizations and through the schools to make the youth aware of the problem. There were also awareness campaigns for drug awareness and drug addiction, and good results were being had from these.
On measures to protect persons with disabilities, at present, the Government was studying the possibility of becoming a party to the United Nations Convention on the Rights of Disabled Persons, and a new plan was being drafted on the situation and rights of persons with disabilities in the Netherlands (Antilles). On housing for persons with disabilities, the delegation said houses were built for these persons. On measures to protect victims of violence, there was an instruction to promote effective and efficient action by the police and judiciary. On the specific needs of the elderly, houses were built for the elderly, and free medical care was provided. With regards to persons with low incomes and less than the minimum wage, they received free medical care and could be the beneficiaries of subsidised housing. On the origin of resources for development, it came from the resources of the economy, from the Netherlands, from the European Union, and development assistance from the United Nations in the form of technical assistance from UNDP. On whether legislation would be included against domestic violence in the new Criminal Code, this was the case.
Questions by Experts
In follow-up questions, Experts asked, among other things, for further details on the policy to promote and protect cultural groups living in the islands and what these different groups were; for clarifications as to what institutional basis the Netherlands Government had taken over the debt of the Netherlands Antilles, and whether this was on an ad hoc basis; and a request for updated information on human rights education.
Response by Delegation
Responding, the delegation said that taking over the debt had been on an ad hoc basis. Without such a measure, it would be impossible for the Netherlands (Antilles) to make a new start. There were very strict supervision measures on this. On human rights education, this was an integral part of the curriculum, under social sciences, and in every type of education there was attention for human rights. On ethnic groups, the Netherlands (Antilles) was a very heterogeneous society, and there had been no scientific investigation into the exact number of ethnic groups. There had been an enormous influx of migrants over recent years, and the local population did feel threatened to a certain extent. The Government was not currently able to appreciate the enrichment these migrants brought, or to stimulate and conserve the authenticity of these groups. The citizens of the Netherlands (Antilles) had Dutch nationality, and were as free as the Dutch living in Europe to enter the Schengen area, as well as other benefits including visas.
Concluding Remarks
In concluding remarks, HENRI VJIBER, Special Advisor to the Minister of Education and Culture and a member of the delegation, said that the Netherlands (Antilles) wished to thank the Committee for considering its report. It was aware that there were factors and difficulties impeding full implementation of the provisions of the Covenant, but it was doing its best. By preparing this report, the Netherlands (Antilles) realised ever more the importance of the rights in the Covenant. This experience would stimulate the Government to implement these rights further. The Netherlands (Antilles) was open for suggestions and recommendations, and would do its best, in the next report, to show that it had complied with the recommendations and suggestions.
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