COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS STARTS REVIEW OF FOURTH PERIODIC REPORT OF SWEDEN

CESCR
27th session
13 November 2001
Morning




Government Delegation Questioned on Sami Autonomy,
Human Rights Institutions, Impact of 11 September Attacks
on Refugee Policies



The Committee on Economic, Social and Cultural Rights this morning started its consideration of a fourth periodic report from Sweden, querying a Government delegation, among other things, on the autonomy of the Sami people; establishment of human rights institutions; and the impact of the 11 September attacks on Sweden's policy towards refugees, among other things.

The report of Sweden was introduced by Lise Bergh, Under-Secretary of State of Sweden, who stressed that one of the Government's most important tasks was to promote all human rights, including economic, social and cultural rights. Sweden realized that it was an ongoing effort and that the work could never stop.

Ms. Bergh said that many immigrants and refugees faced discrimination in Sweden and many of them lived in segregated neighbourhoods, especially in the big cities. Their children attended schools where few pupils were native Swedes and where Swedish was seldom spoken outside the class room. The Government was very concerned about the situation of immigrants and refugees and had decided to appoint a commission to make proposals aimed at improving the reception of refugees and their introduction into society, she said.

The Committee Experts asked a number of questions under the main topics of self-determination; non-discrimination; equal rights of men and women; the right to work; the right to just and favourable conditions of work; the right to strike; and the right to social security.

The Swedish delegation also includes Lars Back, Political Advisor for Gender Equality Affairs, Goran Lindqvist, Deputy Director, and Anders Stalsby, from the Ministry of Industry, Employment and Communication; Annika Mansnerus, Desk Officer, Ministry of Health and Social Welfare; Hedvig Trost, Legal Adviser, Ministry of Justice; Ingrid Lindskog, Deputy Director, and Myrna Smitt, Deputy Director, Ministry of Education; and Sophia Metelius, Desk Officer, Ministry for Foreign Affairs.

As one of the 145 States parties to the International Covenant on Economic, Social and Cultural Rights, Sweden is obligated to provide the Committee with periodic reports on how it was complying with the provisions of the treaty.

The Committee will continue its consideration of the report of Sweden when it reconvenes at 3 p.m.

Summary of Report of Sweden

The fourth periodic report, contained in document E/C.12/4/Add.4, reviews the important measures undertaken by Sweden with the aim of implementing the provisions of the International Covenant on Economic, Social and Cultural Rights. The report says that the primary objective of Sweden's international development cooperation is to raise the standard of living of the poor. This objective is further elucidated in six sub-objectives including the promotion of democracy and human rights. Sweden intends to focus its development assistance efforts on more human rights-based programming in order to achieve greater coherence between its various foreign policy instruments. Sweden has for many years allocated 0.7 per cent or more of its GNP to development assistance and thus meets the United Nations target set in this field.

The report notes that the Government has given high priority to the implementation of policy measures aimed at preventing and eliminating violence against women. Various measures have been introduced including preventive measures, stricter penalties, procedural improvements and better support for the victims of violence. A new offence, "gross violation of a woman's integrity", was incorporated in the penal code on 1 July 1998. Stricter penalties have been introduced for the offence of genital mutilation. The offence is punishable by imprisonment for a maximum period of four years.

The report also notes that Sweden has maintained relatively low poverty levels from the mid-1990s. Some 5 per cent of the population is classified as poor. There are an estimated 10,000 homeless individuals in the country. Of these, 1,000 are believed to be genuinely homeless, while the rest live temporarily with friends or in shelters run by local authorities or by charity organizations. People with low disposable incomes, social security recipients and immigrants form part of 2 per cent of the population that has not reached the standard of one-room per person. They are said to live in "overcrowded conditions".


Presentation of Report

LISE BERGH, Under-Secretary of State of Sweden, stressed that to promote all human rights, including economic, social and cultural rights, was one of her Government's most important tasks and it did realize that it was an ongoing effort and that the work could never stop. An important step was taken when a working group with the task to elaborate a national action plan for human rights was established in May 2000. The plan should be forward-looking and should contain concrete measures to promote and strengthen the protection of human rights in the country.

Another important action plan, which had already been adopted in February 2001, was the National Action Plan against Racism, Xenophobia, Homophobia and Discrimination, Ms. Bergh continued to state. That action plan was adopted in order to make efforts again racism, xenophobia, homophobia and discrimination more systematic, structured, long-term and effective.

Ms. Bergh said that many immigrants and refugees faced discrimination. Many lived in segregated neighbourhoods, especially in the big cities. Their children attended schools where few pupils were native Swedes and where Swedish was seldom spoken outside the class room. There was also a gap between immigrants and native Swedes in many other respects, not least when it came to employment. The Government was very concerned about the situation for immigrants and refugees. It had decided to appoint a commission to make proposals aimed at improving the reception of refugees and their introduction into society.

Sweden was often regarded as a society in which there was a relatively high degree of equality between women and men, Ms. Bergh noted. But there was still considerable imbalance in the power relations between women and men. The most extreme example of such imbalance was men's violence against women. To take action against that form of criminality was a priority for the Swedish Government. There was, however, no indications that violence against women had increased.

Ms. Bergh said that one specially vulnerable group was women with disabilities; violence against disabled women was a serious problem, one which the Government had not given adequate attention. Increased attention should also be given to men who committed acts of violence against women. In addition, the issue of combatting trafficking in women and children was a priority for Sweden. In December 2000, Sweden had signed the UN Convention on Transnational Organized Crime and the supplementing protocol to prevent, suppress and punish trafficking in persons, especially women and children.

In conclusion, Ms. Bergh said that the fundament of the Swedish welfare system was a policy of full employment for both men and women and a universal social security system, based on the principle of compensating for loss of income. The entire population of Sweden has individual rights. The social services provided a safety net by ensuring a reasonable standard of living even in the event of a personal financial crisis. Sweden had opted for a universal social security system with income-related benefits rather than a system of minimum benefit levels. The objective of the welfare policy was to combat poverty and social exclusion.


Discussion

Committee Experts queried the Swedish delegation, among other things, on how the Government was proceeding to set up national human rights institutions in line with the Paris Agreement on the establishment of such institutions. The delegation was also asked to comment on the impact of the 11 September attacks concerning the country's policy on refugees. Some Experts also asked whether economic, social and cultural rights were justiciable.

The members of the Swedish delegation, responding to oral and written questions raised by Committee Experts, said that Sweden had been implementing the provisions of the International Covenant through all means. International treaties had to be incorporated into Swedish law to become directly applicable in the legal system. Sweden adhered to the principle that international treaties did not automatically become part of Swedish law.

One of five of the Swedish population was of foreign origin, the delegation said, adding that their presence was a "happy experience".

There was no change in the Government's national policy with regard to refugees following the 11 September attacks, the delegation said. Further projects were being designed aimed at helping Muslims in the country. Measures were also taken to improve relations between Muslims and the rest of the population.

Committee Experts continued to raise questions on the second cluster of issues relating to the general provisions of the Covenant concerning self-determination; non-discrimination; and equal rights of men and women. An Expert said that the Sami parliament was considered as the expression of the Sami autonomy, however, they were not happy that their land was being privatized to be used by others. The Expert recalled that the Committee, in its concluding observations on the third periodic report of Sweden, had noted the significant degree of autonomy granted to the Sami people, which was evident in the existence of a parliament elected by the Sami, in their education and their cultural and economic activities.

The delegation was also asked about the lack of measures to enable the Sami people to own their ancestral lands beyond the provisions of rights to hunting and fishing. An Expert also asked why the Government had not ratified International Labour Organization (ILO) Convention No. 169 with regard to indigenous rights.

Responding to the questions, the delegation said that the land rights to minorities were not limited only to discussions but concrete steps had been taken to realize them. A wide legal consultation had been carried out to ratify ILO Convention No. 169 with regard to indigenous rights. Further measures were also being taken to increase the autonomy of the Sami people; and the issue of land ownership would be given a priority.

The multi-cultural aspect of the Swedish population was expressed at the level of the Constitution which prohibited any discrimination on cultural grounds, the delegation said.

A Committee Expert said that the conduct of the companies in Sweden was regulated by a national law, however, it was not evident that the law was extended to activities of Swedish companies operating outside the country. The delegation was asked to comment on the issue.

The delegation affirmed that there was no specific national legislation regulating the operation of Swedish companies abroad. However, the concept of the Global Compact, which was initiated by the UN Secretary-General with regard to the conduct of transnational enterprises which might prompt concerted measures by States, was supported by the Government of Sweden.

Responding to oral questions raised by Committee Experts under the main topics of the rights to work, to just and favourable conditions of work, to strike and to social security, the delegation said that the rate of unemployment in the country had always been low, except during the economic crisis. At present the rate of unemployment had been cut down by half. The number of employed persons had increased, thus reducing the number of long-term unemployed individuals.

The high degree of collective bargaining between the trade unions and the association of employers had left a smaller role to the State law to regulate minimum wage, the delegation said. Many collective agreements contained provisions on minimum wage. For that reason, there was no immediate plan to ratify ILO Convention No. 131 on minimum wage-fixing. The lack of State legislation on minimum wage did not affect individual workers. In addition, the social security system had in practice the effect of a minimum decent income for marginalized groups.

The number of complaints of discrimination on ethnic grounds in employment had been on the increase, the delegation said, adding that the Ombudsman on ethnic discrimination played a role in investigating such allegations. Such cases of litigation could be taken to labour courts.

Concerning equal wages for equal work, at least 2 per cent of cases could be attributed to discrimination against women in salary payments for the same work performed by men, the delegation said. In between 15 to 25 per cent of those cases, the discrimination was due to the nature of the work which required special skills without due regard to sex. Generally, the principle of equal pay for work of equal value was respected in the country.

The Swedish Government could expel any foreigner for reasons of national security without the opportunity for appeal, the delegation said. However, the law on expulsion was so narrow that it was rarely used. Due consideration was given to any measures of expulsion not to endanger the life of the individual or subject him or her to torture in the country of destination.




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