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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS HEARS FROM NGOS ON SITUATION IN COUNTRIES IT WILL EXAMINE THIS SESSION
08 November 2004
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Committee on Economic, Social
and Cultural Rights 8 November 2004
The Committee on Economic, Social and Cultural Rights this afternoon heard a series of statements from representatives of non-governmental organizations with respect to the situation in countries which Committee members will examine during the current session.
Speakers outlined efforts made by the States parties to carry out their obligations under the International Covenant on Economic, Social and Cultural Rights and underscored failures in fulfilling these rights. Statements by the representatives dealt with situations in Azerbaijan, Italy, Denmark and Chile whose reports will be considered by the Committee this session.
The representatives of the following non-governmental organizations took the floor: 3D Trade-Human Rights-Equitable Economy; Documentary and Advisory Centre on Racial Discrimination, Denmark; International Alliance of Inhabitants; Via Adda Non Si Cancella, Vis-Volontariato Internazionale Per Lo Sviluppo; Comitato Per La Promozione E Protezione Dei Diritti Umani; Associazione Studi Giuridici Immigrazione: Medici Senza Frontiere – Italia; Istituto Internationale Scienze Mediche Antropologiche E Sociali; Institute of Peace and Democracy; International Association against Torture; Federacion Sindical Mundial; La Liga Internacional de Mujueres Por La Paz Y La Libertad; Associacion Americans de Juristas; Meli Wixan Mapuche; Consejo De Los Tierras; and Foodfirst Information and Action Network (FIAN).
When the Committee reconvenes at 10 a.m. on Tuesday 9 November, it is scheduled to start its consideration of the initial report of Malta (E/1990/5/Add.58). A press release on the consideration of the report will be issued on Wednesday, 10 November in the afternoon after the Committee concludes its public review of the document.
Statements
With Respect to Denmark
The Representative of 3D Trade-Human Rights-Equitable Economy said access to affordable medicine for the poor and most vulnerable in developing countries was an issue which all States parties to the International Covenant on Economic, Social and Cultural Rights should address, including Denmark and Italy. Denmark and Italy were required to take steps individually or through international assistance and cooperation towards the full realization of the right to health. Both countries had an international obligation to respect the enjoyment of the right to health in developing countries. The realization of the right to health, especially access to essential medicine for the poor, was increasingly being affected by intellectual property rules in trade agreements.
The Representative of Documentary and Advisory Centre on Racial Discrimination, Denmark said that a number of teachers with a minority background had had experiences at child care institutions in Denmark where they were not allowed to speak in their mother tongue with children who spoke the same language. The fact that those children were banned from speaking their mother tongue violated their rights. Many institutions imposed the Danish language on minority children. Employers also tended to only recruit workers who spoke Danish, thus discriminating against others.
With Respect to Italy
The Representative of International Alliance of Inhabitants said the right to housing of immigrants and asylum seekers in Italy was violated as a result of myriad reasons, including unpaid rent. In many cases, forced evictions took place. The law against forced evictions did not protect victims. The deficit in social housing had also contributed to the violation of the right to housing. Italy should be asked to provide further clarification about the new law concerning expulsion and forced evictions.
The Representative of Via Adda Non Si Cancella said 180 Roma had been deported to Romania last year from Lombardia, a measure that was not compatible with the provisions of the International Covenant on Economic, Social and Cultural Rights. The Italian Government should be asked about the manner in which it intended to compensate those individuals and seek ways for their return. Other groups of people were also living in and around Milan where they lacked running water and electricity. The Government was using military force to deport people who had no residence permits. A form of racism was being exercised against the Roma community.
The Representative of Vis-Vololontariato Internationale Per Lo Sviluppo said Italy was not immune from human rights violations and had to take the issue of human rights seriously as a guideline and benchmark in its interior and foreign policy. Italy did not have any national independent human rights institution, among other things. Italy should be asked how it intended to set up such an institution. The Committee should also ask why Italy still invoked non justicabilty of economic, social and cultural rights in order not to address the fundamental issues of the legal responsibility of enterprises regarding all human rights.
The Representative of Comitato Per La Promozione E Protezione Dei Diritti Umani said her intervention would focus on the need to sustain the effort leading to the creation in Italy of a national independent institution to promote and protect human rights. In Italy, there had long been increased attention paid by civil society to human rights issues, which had also become the focus of political interest. The Comitato called upon the Italian Government to promote initiatives in order to fulfil its obligations undertaken in the 1993 Vienna Conference.
The Representative of Associazione Studi Giurdici Immigrazione said the condition of migrant workers and their families had been the subject of many legislative changes in Italy during the past 20 years. The restrictions imposed by the law of 2002 had caused a worrying situation in which the condition of all migrant workers, including those who had resided in the country for many years, was becoming more uncertain and precarious. As a result of such restrictions, the actual possibilities they had of enjoying the economic, social and cultural rights sanctioned in the Covenant had been reduced.
A Representative of Medici Senza Frontiere –Italia said that an asylum seeker usually waited more than one year for the examination of his or her application in Italy. The system of temporary detention centres had been set up in 1998. Foreigners caught by police forces in the territory for illegal stay could be expelled after a maximum of 60 days in detention. In many cases, potential asylum seekers were held for weeks in temporary detention centres or in transit areas. There had been many cases of expulsions and refusals of the release of residence permits to foreigners who were seriously ill and who were undergoing therapeutic treatment in Italian health centres.
The Representative of Instituo Internazionale Scienze Mediche Antropologiche E Sociali said that in Italy, the right to health was not enjoyed by all people on an equal footing. In the group of 25,000 children who were born in the country in 2001, with at least one foreign parent, the rates of premature births, low birth weight and neo-natal mortality were higher. The programmes of vaccinations were carried out late or incompletely, in particular among the nomadic population. The chances of death of a child born in a poor family while he or she was still an infant was 2.5 times higher than that of a child of the same age who was born in a wealthy family.
With Respect to Azerbaijan
The Representative of the Institute of Peace and Democracy said Azerbaijan had failed to fulfil its international obligations due to various reasons, including the armed conflict in the Nogorni-Karabah territory. The system of corruption within the oligarchy regime of the Government had also contributed to the lack of the country’s full compliance with international treaties. The practice of torture was observed as a means to silence opponents to the regime. Domestic rape was widely used against women and the law was not clear on the situation of domestic rape. There was only one crisis centre in the country for victims of rape. Trafficking in persons was also a serious problem in the country, which also served as a transit point for trafficked persons. Since the media was not independent, the extent of the problem was not brought to the attention of the population.
With Respect to Chile
The Representative of Asociaciyn Internacional Congtra La Tortura said that the Constitution that had allowed dictatorship in 1993 continued to exist in Chile. There was a democratic deficit and unbalanced benefits concerning economic, social and cultural rights were present in the country. The legacy of dictatorship was being embraced by the present regime of Chile. In the 1990s, Chile had seen some democratic signs but the situation remained the same. Victims of torture had not received any compensation and justice evaded them. The bulk of the population was vulnerable to economic repression. The rights denied to many people were not resituated.
The Representative of Federaciyn Sindical Mundial said the worker in Chile did not exist for the Government. In many legislative acts, the rights of workers had been undermined, even those enshrined in International Labour Office conventions. There was no labour justice and no minimum protection for the rights of workers. Although access to health services was guaranteed, there were no adequate health facilities. The same concerned the right to education. Chile was one of the worst examples for unequal distribution of national income.
The Representative of Liga Internacional De Mujeres Por La Paz Y La Libertad said that less than 51 per cent of those contributing to the social security system were covered in Chile, thus discriminating against many women. Medical and maternity leave had been reduced, violating the rights of patients and mothers with the introduction of a new bill. Chile should repeal the bill introduced in the parliament which intended to curb those rights. In the field of education, municipalities owed huge amounts of money for technical training for teachers. The domestic economic system should not be violated with regard to foreign investors, as was the case concerning some agreements entered into recently by the Government.
The Representative of Asociaciyn Americana De Juristas said it was a pity that Chile that had good macroeconomic plans was deficient in democracy. With regard to the rights of indigenous peoples, the situation was devastating. Although the Government had designed a law in recognition of the rights of the indigenous peoples, the Congress had systematically evaded adopting the text. The territories of the Mapuche indigenous people had been flooded with the mega dam project which had degraded the living conditions of those people. The measures to prosecute the leaders of the Mapuche people had also continued under the present regime. Further measures had also been stepped up against the Mapuche people under the new anti-terrorist act.
The Representative of Mapuche Temulemu Community said the Mapuche were opposed to the use of their forest areas. However, the Government was using laws and other measures to protect investors who used their lands. Chile disregarded the Mapuche political and social structure by detaining their leaders and invading their territories. Added to those acts was the practice of racial discrimination against Mapuche individuals. Through its regular military and police raids, the Government had been traumatizing and terrorizing the Mapuche people. Whenever Mapuche children saw men in uniform, they shed tears of fear. Many Mapuches were unable to present complaints to the judiciary because of the repressive reprisal by the State. Two days ago, a 17-year old Mapuche youth had been shot and killed by police.
The Representative of the Consejo De Los Tierras recommended that all indigenous communities be recognized by the State of Chile within the context of self-determination. Chile should fully implement ILO Convention number 169 on the rights of indigenous peoples. All indigenous peoples should receive compensation for the loss of their properties.
Additional Statement
The Representative of Foodfirst Information and Action Network (FIAN) said a number of non-governmental organizations all over the Latin American and European countries had expressed their interest in combating hunger and promoting zero-hunger. In Brazil, more than 5,000 families had benefited from a programme against zero-hunger. The Government had injected economies into municipal and local programmes promoting the zero-hunger effort. The Government should make further efforts in follow-up programmes and should concentrate on generating food in addition to the family allowances distributed to fight against hunger. The programme of zero-hunger had its limits in the rural areas. The selection procedure for the inclusion in the programme should be done in a manner that did not discriminate against people on the basis of their social status.
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and Cultural Rights 8 November 2004
The Committee on Economic, Social and Cultural Rights this afternoon heard a series of statements from representatives of non-governmental organizations with respect to the situation in countries which Committee members will examine during the current session.
Speakers outlined efforts made by the States parties to carry out their obligations under the International Covenant on Economic, Social and Cultural Rights and underscored failures in fulfilling these rights. Statements by the representatives dealt with situations in Azerbaijan, Italy, Denmark and Chile whose reports will be considered by the Committee this session.
The representatives of the following non-governmental organizations took the floor: 3D Trade-Human Rights-Equitable Economy; Documentary and Advisory Centre on Racial Discrimination, Denmark; International Alliance of Inhabitants; Via Adda Non Si Cancella, Vis-Volontariato Internazionale Per Lo Sviluppo; Comitato Per La Promozione E Protezione Dei Diritti Umani; Associazione Studi Giuridici Immigrazione: Medici Senza Frontiere – Italia; Istituto Internationale Scienze Mediche Antropologiche E Sociali; Institute of Peace and Democracy; International Association against Torture; Federacion Sindical Mundial; La Liga Internacional de Mujueres Por La Paz Y La Libertad; Associacion Americans de Juristas; Meli Wixan Mapuche; Consejo De Los Tierras; and Foodfirst Information and Action Network (FIAN).
When the Committee reconvenes at 10 a.m. on Tuesday 9 November, it is scheduled to start its consideration of the initial report of Malta (E/1990/5/Add.58). A press release on the consideration of the report will be issued on Wednesday, 10 November in the afternoon after the Committee concludes its public review of the document.
Statements
With Respect to Denmark
The Representative of 3D Trade-Human Rights-Equitable Economy said access to affordable medicine for the poor and most vulnerable in developing countries was an issue which all States parties to the International Covenant on Economic, Social and Cultural Rights should address, including Denmark and Italy. Denmark and Italy were required to take steps individually or through international assistance and cooperation towards the full realization of the right to health. Both countries had an international obligation to respect the enjoyment of the right to health in developing countries. The realization of the right to health, especially access to essential medicine for the poor, was increasingly being affected by intellectual property rules in trade agreements.
The Representative of Documentary and Advisory Centre on Racial Discrimination, Denmark said that a number of teachers with a minority background had had experiences at child care institutions in Denmark where they were not allowed to speak in their mother tongue with children who spoke the same language. The fact that those children were banned from speaking their mother tongue violated their rights. Many institutions imposed the Danish language on minority children. Employers also tended to only recruit workers who spoke Danish, thus discriminating against others.
With Respect to Italy
The Representative of International Alliance of Inhabitants said the right to housing of immigrants and asylum seekers in Italy was violated as a result of myriad reasons, including unpaid rent. In many cases, forced evictions took place. The law against forced evictions did not protect victims. The deficit in social housing had also contributed to the violation of the right to housing. Italy should be asked to provide further clarification about the new law concerning expulsion and forced evictions.
The Representative of Via Adda Non Si Cancella said 180 Roma had been deported to Romania last year from Lombardia, a measure that was not compatible with the provisions of the International Covenant on Economic, Social and Cultural Rights. The Italian Government should be asked about the manner in which it intended to compensate those individuals and seek ways for their return. Other groups of people were also living in and around Milan where they lacked running water and electricity. The Government was using military force to deport people who had no residence permits. A form of racism was being exercised against the Roma community.
The Representative of Vis-Vololontariato Internationale Per Lo Sviluppo said Italy was not immune from human rights violations and had to take the issue of human rights seriously as a guideline and benchmark in its interior and foreign policy. Italy did not have any national independent human rights institution, among other things. Italy should be asked how it intended to set up such an institution. The Committee should also ask why Italy still invoked non justicabilty of economic, social and cultural rights in order not to address the fundamental issues of the legal responsibility of enterprises regarding all human rights.
The Representative of Comitato Per La Promozione E Protezione Dei Diritti Umani said her intervention would focus on the need to sustain the effort leading to the creation in Italy of a national independent institution to promote and protect human rights. In Italy, there had long been increased attention paid by civil society to human rights issues, which had also become the focus of political interest. The Comitato called upon the Italian Government to promote initiatives in order to fulfil its obligations undertaken in the 1993 Vienna Conference.
The Representative of Associazione Studi Giurdici Immigrazione said the condition of migrant workers and their families had been the subject of many legislative changes in Italy during the past 20 years. The restrictions imposed by the law of 2002 had caused a worrying situation in which the condition of all migrant workers, including those who had resided in the country for many years, was becoming more uncertain and precarious. As a result of such restrictions, the actual possibilities they had of enjoying the economic, social and cultural rights sanctioned in the Covenant had been reduced.
A Representative of Medici Senza Frontiere –Italia said that an asylum seeker usually waited more than one year for the examination of his or her application in Italy. The system of temporary detention centres had been set up in 1998. Foreigners caught by police forces in the territory for illegal stay could be expelled after a maximum of 60 days in detention. In many cases, potential asylum seekers were held for weeks in temporary detention centres or in transit areas. There had been many cases of expulsions and refusals of the release of residence permits to foreigners who were seriously ill and who were undergoing therapeutic treatment in Italian health centres.
The Representative of Instituo Internazionale Scienze Mediche Antropologiche E Sociali said that in Italy, the right to health was not enjoyed by all people on an equal footing. In the group of 25,000 children who were born in the country in 2001, with at least one foreign parent, the rates of premature births, low birth weight and neo-natal mortality were higher. The programmes of vaccinations were carried out late or incompletely, in particular among the nomadic population. The chances of death of a child born in a poor family while he or she was still an infant was 2.5 times higher than that of a child of the same age who was born in a wealthy family.
With Respect to Azerbaijan
The Representative of the Institute of Peace and Democracy said Azerbaijan had failed to fulfil its international obligations due to various reasons, including the armed conflict in the Nogorni-Karabah territory. The system of corruption within the oligarchy regime of the Government had also contributed to the lack of the country’s full compliance with international treaties. The practice of torture was observed as a means to silence opponents to the regime. Domestic rape was widely used against women and the law was not clear on the situation of domestic rape. There was only one crisis centre in the country for victims of rape. Trafficking in persons was also a serious problem in the country, which also served as a transit point for trafficked persons. Since the media was not independent, the extent of the problem was not brought to the attention of the population.
With Respect to Chile
The Representative of Asociaciyn Internacional Congtra La Tortura said that the Constitution that had allowed dictatorship in 1993 continued to exist in Chile. There was a democratic deficit and unbalanced benefits concerning economic, social and cultural rights were present in the country. The legacy of dictatorship was being embraced by the present regime of Chile. In the 1990s, Chile had seen some democratic signs but the situation remained the same. Victims of torture had not received any compensation and justice evaded them. The bulk of the population was vulnerable to economic repression. The rights denied to many people were not resituated.
The Representative of Federaciyn Sindical Mundial said the worker in Chile did not exist for the Government. In many legislative acts, the rights of workers had been undermined, even those enshrined in International Labour Office conventions. There was no labour justice and no minimum protection for the rights of workers. Although access to health services was guaranteed, there were no adequate health facilities. The same concerned the right to education. Chile was one of the worst examples for unequal distribution of national income.
The Representative of Liga Internacional De Mujeres Por La Paz Y La Libertad said that less than 51 per cent of those contributing to the social security system were covered in Chile, thus discriminating against many women. Medical and maternity leave had been reduced, violating the rights of patients and mothers with the introduction of a new bill. Chile should repeal the bill introduced in the parliament which intended to curb those rights. In the field of education, municipalities owed huge amounts of money for technical training for teachers. The domestic economic system should not be violated with regard to foreign investors, as was the case concerning some agreements entered into recently by the Government.
The Representative of Asociaciyn Americana De Juristas said it was a pity that Chile that had good macroeconomic plans was deficient in democracy. With regard to the rights of indigenous peoples, the situation was devastating. Although the Government had designed a law in recognition of the rights of the indigenous peoples, the Congress had systematically evaded adopting the text. The territories of the Mapuche indigenous people had been flooded with the mega dam project which had degraded the living conditions of those people. The measures to prosecute the leaders of the Mapuche people had also continued under the present regime. Further measures had also been stepped up against the Mapuche people under the new anti-terrorist act.
The Representative of Mapuche Temulemu Community said the Mapuche were opposed to the use of their forest areas. However, the Government was using laws and other measures to protect investors who used their lands. Chile disregarded the Mapuche political and social structure by detaining their leaders and invading their territories. Added to those acts was the practice of racial discrimination against Mapuche individuals. Through its regular military and police raids, the Government had been traumatizing and terrorizing the Mapuche people. Whenever Mapuche children saw men in uniform, they shed tears of fear. Many Mapuches were unable to present complaints to the judiciary because of the repressive reprisal by the State. Two days ago, a 17-year old Mapuche youth had been shot and killed by police.
The Representative of the Consejo De Los Tierras recommended that all indigenous communities be recognized by the State of Chile within the context of self-determination. Chile should fully implement ILO Convention number 169 on the rights of indigenous peoples. All indigenous peoples should receive compensation for the loss of their properties.
Additional Statement
The Representative of Foodfirst Information and Action Network (FIAN) said a number of non-governmental organizations all over the Latin American and European countries had expressed their interest in combating hunger and promoting zero-hunger. In Brazil, more than 5,000 families had benefited from a programme against zero-hunger. The Government had injected economies into municipal and local programmes promoting the zero-hunger effort. The Government should make further efforts in follow-up programmes and should concentrate on generating food in addition to the family allowances distributed to fight against hunger. The programme of zero-hunger had its limits in the rural areas. The selection procedure for the inclusion in the programme should be done in a manner that did not discriminate against people on the basis of their social status.
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