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14 November 2000
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CESCR
24th session
14 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning started its consideration of a third periodic report of Portugal on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Jose Manuel Dos Santos Pais, Deputy Procurator General of Portugal said that since the constitutional reform of 1997, a number of measures had been taken to improve the human rights situation in the country. Human rights teachings had been diffused through different forms, including the dissemination of the various treaties to which Portugal was a party.
In follow-up oral questions, Committee experts queried the Portuguese delegation, among other things, on why the Government did not ratify the International Labour Organization (ILO) Convention 169 on indigenous and tribal peoples; on the status of foreign residents in Macau; on the effect of globalization on Portugal's economy; about cooperation with the International Monetary Fund and the World Bank; and the effect of the introduction of the Euro starting next year on Portuguese migrants workers.
In addition to Mr. Dos Santos Pais, the Portuguese delegation was made up of Lina Neto, Deputy Director for European Affairs and International Relations, Ministry of Finance; Catarina Albuquerque, Expert, Cabinet of Documentation and Comparative Law, Office of the Procurator General; Romualda Fernandes, from the Cabinet of the High Commissioner for Immigration and for Ethnic Minorities; Maria Virginia Bras Gomes, Chief of Division, General Direction of Social Action, Ministry of Labour and Solidarity; and Glaucia Varzielas, Chief of Division, General Direction of Labour Conditions, Ministry of Labour and Solidarity.
Also, Regina Tavares da Silva, Principal Assessor, Commission for Equality and Women's Rights; Maria Jose Lemos Damiao, Principal Expert at the Ministry of Education; Amelia Esparteiro Leitao, Chief of Public Health Service, Ministry of Health; Jose Cristino Joana, Principal Assessor, Ministry of Culture; Carlos Botelho, of the Institute of Management and Alienation of State Residential Property; and Jose Pereira Gomes, from the Permanent Mission of Portugal in Geneva.
Portugal is among the 143 States parties to the Covenant and as such it is obligated to present periodic summaries of its efforts in giving effect to the provisions of the treaty.
The Committee will continue its consideration of the Portuguese report when it reconvenes at 3 p.m.
Report of Portugal
The third periodic report of Portugal (document E/1994/104/Add.20) enumerates the administrative and legislative measures undertaken by the Government with the aim of implementing the provisions of the Covenant. The report says that although job discrimination still exists between men and women in the country, there is also a strong resolve to combat it. The Government has named a High Commissioner for the Promotion of Equality and the Family to contribute to real equality between men and women.
The report notes that a commission for equality in work and employment had been strengthened through legislative measures allowing it to receive complaints concerning any form of discrimination in the workplace. For 1993 and 1994, of a total of 22 complaints, 10 were lodged in 1993 and 12 in 1994, of which approximately half of them related to job discrimination against women, followed by complaints concerning maternity and complaints of sexual harassment. There were no complaints of discrimination against men for the period 1993 and 1994.
The report also provides information on the measures undertaken on housing; poverty alleviation programmes; minimum wage; and education, among other things.
Presentation of Report
JOSE MANUEL DOS SANTOS PAIS, Deputy Procurator General of Portugal, said his country had made progress in the implementation of the provisions of the Covenant since the second periodic report was submitted to the Committee. The present report was also submitted in accordance with the guidelines of the Committee and it enumerated the legislative and judicial measures undertaken by the Government with the view to complying with the Covenant.
Mr. Dos Santos Pais further said that since the constitutional reform of 1997, a number of measures had been taken to improve the human rights situation in the country. Human rights teachings had been diffused through different forms, including the dissemination of the various treaties to which Portugal was a party.
Portugal had transferred sovereignty of Macau to China together with the hundreds of international conventions which were extended to that region by Portugal, Mr. Dos Santos Pais continued to say. The protection of Macaun and Portuguese cultural heritages had been guaranteed under the Chinese sovereignty of the territory.
Mr. Dos Santos Pais said that during the course of the consideration of the report, they would focus on Portugal's position on the Optional Protocol to the Convention; the principles of humanitarian intervention concerning East Timor; equality between women and women; the principles of intervention in the protection of the most vulnerable groups of society; violence in the house; social exclusion; and protection of migrants and racism, among other things.
Discussion
In response to oral questions raised by Committee experts, the members of the delegation said that the intervention of non-governmental organizations in the preparation of the report was limited to some of the important NGOs. However, they were not consulted on all the issues dealt with in the report. The report and the concluding observations of the Committee would be useful for shaping governmental policies on economic, social and cultural rights.
The provisions of the Covenant could be directly invoked before courts and in cases involving international law, the delegation said.
Due to the adverse international economic climate, the growth of the Portuguese economy had been slowed down until last year, the delegation said. However, the reduction of the domestic interest rate and the efforts of internal economic partners had contributed to boost the national economy since last year. The rate of inflation had been brought down to 2.2 per cent.
Portugal was favourable to the preparation of an optional protocol to the Covenant, the delegation said. It had so far contributed to several initiatives of that kind at the European level. Portugal was generally very favourable to mechanisms enabling the presentation of individual complaints in cases of alleged violations of rights as a means to better ensure the national implementation of international human rights instruments. However, in relation to the object of the complaints, the delegation wished to know whether the Committee would pronounce itself on cases of "violations" of the Covenant or if it would examine cases alleging unsatisfactory application of the Covenant. Portugal was of the opinion that the protocol should apply to all rights consecrated in articles 1 to 15 of the Covenant with regard to economic, social and cultural rights.
On the issue of East Timor, the delegation said that Portugal was contributing to the self-determination and development of the region. The Government had also sought, in collaboration with the United Nations, durable solutions to the territory and peaceful existence among the different components of the community. Since the pronouncement of the population on their destiny, Portugal had been making an enormous economic contribution to the territory in order to foster development and establish peace and security.
A question was raised on the treatment of asylum seekers who had been subjected to discrimination, to which the delegation said that since 1998, a change had been introduced into the refugee law. The law reaffirmed the rights of persons to asylum in the event of persecution in their countries of origin. Further, the law offered temporary settlement in Portugal in cases in which individuals were affected by armed conflicts. The process of asylum requests could take up to 60 days after which negative responses by immigration authorities could be appealed to the supreme court.
In follow-up questions, Committee experts queried the Portuguese delegation, among other things, on why the Government did not ratify the International Labour Organization (ILO) Convention 169 on indigenous and tribal peoples; on the status of foreign residents in Macau; on the effect of globalization on Portugal's economy; about cooperation with the International Monetary Fund and the World Bank; and the effect of the introduction of the Euro starting next year on Portuguese migrants workers.
In response, the delegation said that the main understanding with the Chinese authorities on the transitional period for Macau was the protection of all human rights, whether Portuguese or other nationals. In addition, all the human rights instruments to which Portugal was a party had been extended to Macau.
* *** *
24th session
14 November 2000
Morning
The Committee on Economic, Social and Cultural Rights this morning started its consideration of a third periodic report of Portugal on how that country was implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.
Introducing the report, Jose Manuel Dos Santos Pais, Deputy Procurator General of Portugal said that since the constitutional reform of 1997, a number of measures had been taken to improve the human rights situation in the country. Human rights teachings had been diffused through different forms, including the dissemination of the various treaties to which Portugal was a party.
In follow-up oral questions, Committee experts queried the Portuguese delegation, among other things, on why the Government did not ratify the International Labour Organization (ILO) Convention 169 on indigenous and tribal peoples; on the status of foreign residents in Macau; on the effect of globalization on Portugal's economy; about cooperation with the International Monetary Fund and the World Bank; and the effect of the introduction of the Euro starting next year on Portuguese migrants workers.
In addition to Mr. Dos Santos Pais, the Portuguese delegation was made up of Lina Neto, Deputy Director for European Affairs and International Relations, Ministry of Finance; Catarina Albuquerque, Expert, Cabinet of Documentation and Comparative Law, Office of the Procurator General; Romualda Fernandes, from the Cabinet of the High Commissioner for Immigration and for Ethnic Minorities; Maria Virginia Bras Gomes, Chief of Division, General Direction of Social Action, Ministry of Labour and Solidarity; and Glaucia Varzielas, Chief of Division, General Direction of Labour Conditions, Ministry of Labour and Solidarity.
Also, Regina Tavares da Silva, Principal Assessor, Commission for Equality and Women's Rights; Maria Jose Lemos Damiao, Principal Expert at the Ministry of Education; Amelia Esparteiro Leitao, Chief of Public Health Service, Ministry of Health; Jose Cristino Joana, Principal Assessor, Ministry of Culture; Carlos Botelho, of the Institute of Management and Alienation of State Residential Property; and Jose Pereira Gomes, from the Permanent Mission of Portugal in Geneva.
Portugal is among the 143 States parties to the Covenant and as such it is obligated to present periodic summaries of its efforts in giving effect to the provisions of the treaty.
The Committee will continue its consideration of the Portuguese report when it reconvenes at 3 p.m.
Report of Portugal
The third periodic report of Portugal (document E/1994/104/Add.20) enumerates the administrative and legislative measures undertaken by the Government with the aim of implementing the provisions of the Covenant. The report says that although job discrimination still exists between men and women in the country, there is also a strong resolve to combat it. The Government has named a High Commissioner for the Promotion of Equality and the Family to contribute to real equality between men and women.
The report notes that a commission for equality in work and employment had been strengthened through legislative measures allowing it to receive complaints concerning any form of discrimination in the workplace. For 1993 and 1994, of a total of 22 complaints, 10 were lodged in 1993 and 12 in 1994, of which approximately half of them related to job discrimination against women, followed by complaints concerning maternity and complaints of sexual harassment. There were no complaints of discrimination against men for the period 1993 and 1994.
The report also provides information on the measures undertaken on housing; poverty alleviation programmes; minimum wage; and education, among other things.
Presentation of Report
JOSE MANUEL DOS SANTOS PAIS, Deputy Procurator General of Portugal, said his country had made progress in the implementation of the provisions of the Covenant since the second periodic report was submitted to the Committee. The present report was also submitted in accordance with the guidelines of the Committee and it enumerated the legislative and judicial measures undertaken by the Government with the view to complying with the Covenant.
Mr. Dos Santos Pais further said that since the constitutional reform of 1997, a number of measures had been taken to improve the human rights situation in the country. Human rights teachings had been diffused through different forms, including the dissemination of the various treaties to which Portugal was a party.
Portugal had transferred sovereignty of Macau to China together with the hundreds of international conventions which were extended to that region by Portugal, Mr. Dos Santos Pais continued to say. The protection of Macaun and Portuguese cultural heritages had been guaranteed under the Chinese sovereignty of the territory.
Mr. Dos Santos Pais said that during the course of the consideration of the report, they would focus on Portugal's position on the Optional Protocol to the Convention; the principles of humanitarian intervention concerning East Timor; equality between women and women; the principles of intervention in the protection of the most vulnerable groups of society; violence in the house; social exclusion; and protection of migrants and racism, among other things.
Discussion
In response to oral questions raised by Committee experts, the members of the delegation said that the intervention of non-governmental organizations in the preparation of the report was limited to some of the important NGOs. However, they were not consulted on all the issues dealt with in the report. The report and the concluding observations of the Committee would be useful for shaping governmental policies on economic, social and cultural rights.
The provisions of the Covenant could be directly invoked before courts and in cases involving international law, the delegation said.
Due to the adverse international economic climate, the growth of the Portuguese economy had been slowed down until last year, the delegation said. However, the reduction of the domestic interest rate and the efforts of internal economic partners had contributed to boost the national economy since last year. The rate of inflation had been brought down to 2.2 per cent.
Portugal was favourable to the preparation of an optional protocol to the Covenant, the delegation said. It had so far contributed to several initiatives of that kind at the European level. Portugal was generally very favourable to mechanisms enabling the presentation of individual complaints in cases of alleged violations of rights as a means to better ensure the national implementation of international human rights instruments. However, in relation to the object of the complaints, the delegation wished to know whether the Committee would pronounce itself on cases of "violations" of the Covenant or if it would examine cases alleging unsatisfactory application of the Covenant. Portugal was of the opinion that the protocol should apply to all rights consecrated in articles 1 to 15 of the Covenant with regard to economic, social and cultural rights.
On the issue of East Timor, the delegation said that Portugal was contributing to the self-determination and development of the region. The Government had also sought, in collaboration with the United Nations, durable solutions to the territory and peaceful existence among the different components of the community. Since the pronouncement of the population on their destiny, Portugal had been making an enormous economic contribution to the territory in order to foster development and establish peace and security.
A question was raised on the treatment of asylum seekers who had been subjected to discrimination, to which the delegation said that since 1998, a change had been introduced into the refugee law. The law reaffirmed the rights of persons to asylum in the event of persecution in their countries of origin. Further, the law offered temporary settlement in Portugal in cases in which individuals were affected by armed conflicts. The process of asylum requests could take up to 60 days after which negative responses by immigration authorities could be appealed to the supreme court.
In follow-up questions, Committee experts queried the Portuguese delegation, among other things, on why the Government did not ratify the International Labour Organization (ILO) Convention 169 on indigenous and tribal peoples; on the status of foreign residents in Macau; on the effect of globalization on Portugal's economy; about cooperation with the International Monetary Fund and the World Bank; and the effect of the introduction of the Euro starting next year on Portuguese migrants workers.
In response, the delegation said that the main understanding with the Chinese authorities on the transitional period for Macau was the protection of all human rights, whether Portuguese or other nationals. In addition, all the human rights instruments to which Portugal was a party had been extended to Macau.
* *** *