COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS STARTS CONSIDERATION OF ICELAND'S REPORT

MORNING
27.04.1999
HR/ESC/99/4


Committee Hears Report from International Labour Organization

The Committee on Economic, Social and Cultural Rights this morning started its consideration of the second periodic report of Iceland on how that country was complying with the provisions of the International Covenant on Economic, Social and Cultural Rights.

In a brief introductory remark, Benedikt Jonsson, Permanent Representative of Iceland to the United Nations Office at Geneva, said that his delegation would provide all the necessary information in the course of the Committee's consideration of his country's report.

As one of 139 States parties to the Covenant, Iceland must provide periodic reports to the
Committee on efforts to put the treaty into effect.

The Icelandic delegation also included Sigridur Lilly Baldursdottir, Deputy Secretary-General at the Ministry of Social Affairs; Solrun Jensdottir, Director of International Relations at the Ministry of Education, Science and Culture; Ragnhildur Arnljotsdottir, Head of Section at the Ministry of Health and Social Security; and Haukur Olafsson, Minister Counsellor and Deputy Permanent Representative at Geneva.

At the beginning of the meeting, a representative of the International Labour Office presented a report to the Committee containing implementation of labour conventions in the countries under review. The representative also told the Committee about the follow-up preparations for the Declaration on Fundamental Principles and Rights at Work, adopted in June 1998 by the ILO Conference.

The Committee discussed briefly a mission statement on the study on the United Nations
Human Rights Treaty System presented by Anne Bayefsky and Christof Heyns of Canada. The study aimed at formulating concrete recommendations for improving implementation strategies for the human rights instruments.

Speaking at the meeting were Committee members Eibe Reidel; Philippe Texier; Mahmoud
Samir Ahmed; Maria de los Angeles Jimenez Butragueno; Waleed M. Sadi; Javier Wimer
Zambrano; Abdessatar Grissa; Ariranga Govindasamy Pillay; Ivan Antanovich; and Paul Hunt.

The Committee will reconvene at 3 p.m. to continue its review of the report of Iceland.

Report of Iceland

The second periodic of Iceland (document E/1990/6/Add.15) reviews application of the Covenant on an article-by-article basis. It presents a description of the most important laws
enacted in the field of human rights since Iceland's initial report was compiled in 1992. The report says that Icelandic citizens have enjoyed all rights enshrined in the Constitution and most of them are already provided for by statutes or are regarded as unwritten but constitutionally protected legal principles. According to the report, the European Convention on Human Rights has been incorporated into Icelandic law. However, no decision has been taken to incorporate other human rights instruments into domestic law, including the Covenant. The report further says that public discussion on human rights and public interest in human rights has increased significantly in Iceland in the past few years.

Discussion of Report

Before providing additional answers to the written questions prepared by Committee experts in advance and to which the Government of Iceland had provided written responses, experts asked, among other things, why Iceland did not incorporate the Covenant in its domestic laws in the manner it did the European Convention on Human Rights; when it was establishing an Ombudsman Office similar to the Scandinavian countries; if Iceland had already established a human rights commission; and if legislation guaranteeing equal rights of women and men was ensured by government actions.

In response to the questions raised by Committee members, the delegation said that the
Government was carrying out studies and consultations on establishing an Ombudsman office and was taking action to further strengthen human rights protection.

In a written response submitted to the Committee, the delegation said that the Government did not envisage the establishment of a Constitutional Court because of the good function of the judicial review system in the country. However, the power of the Icelandic courts to review whether legislation was in harmony with the Constitution was not provided for in the Constitution.

Report of the International Labour Office

CONSTANCE THOMAS, the International Labour Organization, said that a follow-up process was being elaborated by her Office on the International Labour Organisation Declaration on Fundamental Principles and Rights at Work, adopted during the June 1998 International Labour Conference. Follow-up mechanisms and procedures would be established to obligate States to submit periodic reports on the corresponding seven core ILO conventions. According to the Declaration, States were required to submit periodic reports on their efforts to implement the provisions of those fundamental labour rights. In the same manner, States had to report to the Office on the impediment they encountered in complying with the rovisions of theconventions.

Ms. Thomas further said that beginning from the year 2000, States would start reporting to the Office on freedom of association in all its aspects followed by reports of annual reviews of forced labour in the next year. An independent expert group would be set up to examine the reports submitted by the States.