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COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS OPENS THIRTY-THIRD SESSION

08 November 2004

Committee on Economic, Social
and Cultural Rights 8 November 2004


Hears Statement by Chief of Treaties and Commission Branch
of Office of High Commissioner for Human Rights


The Committee on Economic, Social and Cultural Rights today started its thirty-third session by adopting its agenda and programme of work and hearing an opening statement by the Chief of the Treaties and Commission Branch of the Office of the High Commissioner for Human Rights.

Maria Francisca Ize-Charrin, Chief of the Treaties and Commission Branch of the Office of the High Commissioner for Human Rights, said the High Commissioner for Human Rights had repeatedly underlined the crucial importance of upholding the rule of law and international human rights standards. The High Commissioner was aware of the important role of the treaty bodies and she was strongly committed to ensuring that specifically, the Committee’s work received all the necessary support from her Office.

Ms. Ize-Charrin further said that the Office had continued its efforts to implement the Secretary-General’s agenda for the reform of the United Nations. Of particular relevance to the Committee’s work were ongoing efforts to enhance the efficiency and impact of human rights treaty monitoring.

The Committee adopted its agenda and programme of work for its three-week session during which it will examine the reports submitted by Malta, Denmark, Italy, Azerbaijan and Chile. These countries are among the 150 States parties to the International Covenant on Economic, Social and Cultural Rights.

Also this morning, the Committee heard statements by representatives of the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Food and Agricultural Organization (FAO) under its agenda item on relations with United Nations organs and other treaty bodies.
In addition, the Committee heard statements by a representative of the Office of the High Commissioner for Human Rights on the HIV/AIDS status in Azerbaijan, to which a number of Experts reacted expressing concern about the growing rate of infected persons in the country. Members of the Platform of Brazilian Rapporteurs on Economic, Social and Cultural Rights also briefed the Committee on their activities.

When the Committee reconvenes at 3 p.m., it will hear statements by a series of non-governmental organizations in connection with the reports to be examined by the Committee during this session.

Statement by Chief of Treaties and Commission Branch

MARIA FRANCISCA IZE-CHARRIN, Chief of the Treaties and Commission Branch of the Office of the United Nations High Commissioner for Human Rights, said the High Commissioner for Human Rights had repeatedly underlined the crucial importance of upholding the rule of law and international human rights standards. She was aware of the important role of the treaty bodies and she was strongly committed to ensuring that specifically, the Committee’s work received all the necessary support from her Office.

Ms. Ize-Charrin said she was just back from a workshop for judges and lawyers on the justiciability of economic, social and cultural rights which had been held in Manila. The participants had noted the increasing recognition of the justiciability of economic, social and cultural rights as a firmly rooted legal reality in many countries. They had also been made aware of the wealth of jurisprudence at national, regional and international levels. As judges and lawyers, they had noted a host of possible creative means that could be utilized by the judiciary for the effective implementation of economic, social and cultural rights. The workshop had recognized that an independent judiciary was essential for the protection and promotion of all human rights, in particular effective domestic remedies. Recommendations addressed to Governments, the United Nations and national human rights institutions had been adopted.

Ms. Ize-Charrin further said that the Office had continued its efforts to implement the Secretary-General’s agenda for the reform of the United Nations. Of particular relevance to the Committee’s work were ongoing efforts to enhance the efficiency and impact of human rights treaty monitoring. Turning to another aspect of the agenda on the ongoing activities under the “Action 2 programme”, she said the programme was officially launched at a ceremony in New York on 27 October and aimed at enhancing inter-agency collaboration in promoting human rights at the country level. The Office was actively involved in those activities and had among other things prepared guidance notes for United Nations country teams on how they could engage in the work of the human rights treaty bodies. The Office had also continued with the preparation of country profiles aimed at making recommendations to the human rights treaty bodies, and of special procedures to become more easily available to United Nations country teams.

Statements by United Nations Organs

A Representative of the United Nations Educational, Scientific and Cultural Organization said UNESCO continued to provide technical assistance to Member States as regards modernization and development of national legislation in the field of education in line with the priority accorded to the realization of the right to basic education for all as a fundamental human right. In that process, the emphasis was placed on incorporating the legal obligations under instruments of UNESCO and the United Nations into national legal systems, especially on fundamental principles such as universal access to education and equality of educational opportunities.

Another Representative of UNESCO drew attention to several research activities initiated by the Division of Human Rights of UNESCO, in accordance with its strategy on human rights. The research would include the further elucidation of the content of human rights and analysis of the nature of State obligations; and possible elements for monitoring their implementation, including indicators. The purpose of the research was to assist States, as well as international and national actors to develop and improve policies to implement economic, social and cultural rights.

A Representative of the Food and Agricultural Organization (FAO), speaking on the Voluntary Guidelines on the Progressive Realization of the Right to Adequate Food in the Context of National Food Security, said the Inter-governmental Working Group had adopted a text on 24 September 2004. It had drafted Guidelines that were voluntary, yet reflected international legal standards and aimed to support the progressive realization of the right to adequate food in the context of national food security. The context also recognized the importance of an enabling international environment and recalled some of the international commitments in various fora to that end.

Submission of Reports by States parties in Accordance with Articles 16 and 17 of the Covenant

With regard to Azerbaijan

A Representative of the Office of the High Commissioner for Human Rights said that globally, an estimated 38 million people were living with HIV/AIDS at the end of 2003 and there were an estimated 2.9 million deaths and 4.8 million new cases of HIV/AIDS infections annually. Azerbaijan appeared to have the same or lower incidence rates compared to its neighbours, and it was largely open to assistance from the outside to deal with the disease. However, it appeared that the rate of infection in Azerbaijan was growing rapidly due to the high rate of use of drugs by a large number of people in the country.

With regard to Brazil

A Representative of the Platform of National Rapporteurs on Economic, Social and Cultural Rights of Brazil said the group was making efforts concerning the national respect of economic, social and cultural rights by Brazil. The project aimed to contribute to the full respect of those rights in Brazil, based on the commitments existing in the Federal Constitution. The Rapporteurs dealt with human rights areas concerning housing, work, food, water, health, rural land and the environment. They were also endeavouring to ensure that the Brazilian State had adopted a programme to respect the human rights standards under its international obligations.

Another Representative of the Platform said the project had brought visibility to many invisible rights in the country. It was trying to encourage the Government to abide by international human rights treaties. A third Representative said a monitoring process was being carried out in accordance with the international treaties. The monitoring aimed at ensuring the protection of social groups and their involvement in the process of economic, social and cultural implementation. It would also monitor the protection of traditional communities and indigenous peoples in the process of the implementation of development projects affecting their areas.


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