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15 November 2000

CESCR
24th session
15 November 2000
Afternoon





The Committee on Economic, Social and Cultural Rights this afternoon started its consideration of a fourth periodic report of Finland by hearing a Government delegation affirming that Finland has worked with determination for the cause of an equal status of economic, social and cultural rights in both national and international contexts.

Presenting the report, Riitta Kaivosoja, Counsellor of Government at the Ministry of Education of Finland, said that her country was a Nordic State characterized by a welfare society, a traditionally high level of employment, equality between women and men and an education aiming at a high standard of skills and qualifications.

Over the course of their consideration of the Finnish report, Committee Experts raised follow-up questions on such issues as discrimination against ethnic groups and foreigners; Finland's international development assistance; pension schemes for the elderly; and the training of judges and lawyers, among other things.

Several Committee Experts lauded Finland for its human rights achievements and its efforts to come out of its economic depression. Finland's international development aid was also appreciated by the Experts.

In addition to Ms. Kaivosoja, the Finnish delegation was made up of Antti Rytovuori, Permanent Representative of Finland to the United Nations Office at Geneva, who introduced the delegation at the beginning of the meeting; Tuula Majuri, Counsellor of Legislation, Ministry of Justice; Mikko Cortes Tellez, Planning Officer, Ministry of Education; Riitta-Maija Jouttimaki, Ministerial Advisor, Ministry of Social Affairs and Health; Ulla Liukkunen, Administrator, Legal Affairs, Ministry of Labour; and Krista Oinonen, Legislative Secretary, Ministry for Foreign Affairs.

Finland is among the 143 States parties to the Covenant and as such it is obligated to present periodic reports to the Committee on the measures it has undertaken to comply with the terms of the treaty.


When the Committee reconvenes at 10 a.m. on Thursday, 16 November, it will first meet in private to examine draft concluding obserations on the report of Portugal before continuing its consideration of the report of Finland at 10.45 a.m.

Report of Finland

The fourth periodic report of Finland (document E/C.12/4/Add.1) enumerates the measures taken by the Government to implement the provisions of the Covenant on an article-by-article basis. It notes that in the course of the fundamental rights reform, the principal economic, social and cultural rights were incorporated in the country's Constitution. In addition, Finland has enforced several international agreements since 1996.

The report says that post-depression economic growth has led to a steady reduction of unemployment; lower youth unemployment has been of the main labour policy objectives in the 1990s. The number of households depending on income transfers has grown during the first half of the 1990s. Young persons and young parents with small children were affected. Relative poverty did not increase in Finland in the early 1990s in spite of the rising unemployment. But after the mid-1990s, more people fell below the relative poverty threshold.

Moreover, the report notes that in connection with the fundamental rights reform, a provision was added to the Constitution Act of Finland according to which the Sami indigenous people shall have the right to maintain and develop their own language and culture. Finland has not yet been able to ratify International Labour Organization (ILO) Convention No. 169 related to indigenous peoples. The reason for the delay was attributed to the fact that Finnish legislation in respect of land ownership rights was not considered to be in harmony with the provisions of the Convention.

Presentation of Finnish Report

RIITTA KAIVOSOJA, Counsellor of Government, Ministry of Education of Finland, underlined that her country has worked with determination for the cause of an equal status of economic, social and cultural rights in both national and international contexts. At the national level, the principal economic, social and cultural rights have been included in the Constitution, and the recognition of the equal status of economic, social and cultural rights was a natural and visible part of Finnish society.

Finland was a Nordic country characterized by a welfare society, a traditionally high level of employment, equality between women and men and an education aiming at a high standard of skills and qualifications, Ms. Kaivosoja went on to say. Nevertheless, Finnish society was still undergoing considerable changes. The economic depression of the 1990s had affected several layers of both the economy and the labour market, resulting in profound and long-term socio-political implications.

Economic growth had remained rather strong throughout the year, and the State economy was expected to finally show surplus in relation to the national economy, Ms. Kaivosoja continued to say. Wages and the average level of productivity of the national economy had also risen faster than elsewhere in the Euro region. Even though unemployment was still high, and was structural to a greater extent than before, the situation was steadily improving.

Since 1995, the rate of unemployment had steadily declined among all foreigners, Ms. Kaivosoja said. The rate of unemployment was 34 per cent at present and refugees suffered the most from long-term unemployment. However, the new Constitution emphasized the rights and equal treatment of all persons residing lawfully in Finland; also, the act on integration of immigrants and reception of asylum-seekers required that a special integration plan be drawn up for new immigrants in cooperation with employment office and local authorities.

Ms. Kaivosoja further said that a working group at the Ministry of Labour had prepared a proposal concerning a plan of action to prevent ethnic discrimination and racism to be submitted to the Government. The proposal recommended the establishment of an office of Ombudsman against ethic discrimination.

The ongoing reform of pre-school education was a significant improvement in the protection of the rights of the child, Ms. Kaivosoja said. The reform introduced pre-school education of 700 hours free of charge, to be provided in the year preceding the start of compulsory education. As of August 2001, municipalities would be under an obligation to provide pre-school education to children residing in their area; and at the same time the children would maintain their right to municipal day-care.

Discussion

Following the statement by the head of the Finnish delegation, Committee Experts raised a number of questions in addition to the written questions prepared in advance.

In response to the oral questions, members of the Finnish delegation said that one of the purposes of the 1995 fundamental rights reform was to allow the applicability of economic, social and cultural rights and human rights in court proceedings. A number of law cases involving economic, social and cultural rights had been brought before courts without, however, direct reference to the provisions of the Covenant.

On the question concerning training of judges and lawyers, the delegation said that this year alone, three seminars had been organized in which hundreds of judges and lawyers had participated. Additional courses were also provided for members of the judiciary and other law-enforcing personnel. However, it was up to the judicial authorities to decide on sending their judges and magistrates to participate in such courses.

Non-governmental organizations had the opportunity to send their comments to the Government at the early stage of the preparation of the report, the delegation said. Their views were taken into consideration in the final stage and before it was submitted to the Committee.

Finland had no single programme for human rights issues, the delegation said; however, each human rights aspect was dealt with separately and various programmes and plans of action had been implemented concerning the different human rights issues, including economic, social and cultural rights.

In follow-up questions, Committee Experts wanted to know the criteria on which Finland's international cooperation in economic development was based; and if a human-rights programme existed to promote the rights of elderly persons.

Responding to the questions, the delegation said that a five-year programme, which started in October 1997, had aimed to provide employment opportunities to persons over 45 years of age. Improved pension schemes had also been put in place to enhance the well-being of retiring elderly people.

Finland's international development aid was based on human rights criteria, and one of its basic principles was to promote and to protect human rights, the delegation said. In addition, it was aimed at developing and sustaining democratic systems in the developing countries.

An Expert, referring to written documents from different organizations, said that a police officer in the eastern part of the country had revealed to the media that discrimination was made with the connivance of police officers in the area. In addition, foreign workers were discriminated against; Sami and Roma people were also discriminated against despite the Government's efforts to avert such situations; and asylum-seekers were isolated, and some imprisoned, awaiting decisions to their requests or awaiting expulsion. "New impetus had to be injected to the issue of prevention of racial discrimination and racism," another Expert said; adding that "Finland was haunted by racism".

Concerning ethnic discrimination, the delegation said that Finnish society was not used to ethnic diversity and the presence of a number of migrants. At present 1.8 per cent of the population was composed of foreigners. In the 1980s, the attitude of the Finnish people was more favourable to foreigners because there were less migrants at that time. However, over the course of the decade, the attitude of Finns had started to change due to the presence of increased number of foreigners; and opinion polls had affirmed that tendency. Further, cases of racially motivated crimes had been reported by police with 281 complaints lodged in 1999.

In 1997, the Finnish Government had adopted a programme to combat racism and racial discrimination with the aim of lowering incidents relating to such phenomena, the delegation said. In addition, the issue of tolerance had been inculcated in school curricula and other activities. A new programme against ethnic discrimination was envisaged by the Government before the end of the year.



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