Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
01 September 2000
Share
ROUNDUP
HR/ESC/00/44
1 September 2000
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES
TWENTY-THIRD SESSION
Issues Concluding Observations on Reports of Jordan, Mongolia,
Sudan, Kyrgyzstan and Australia
The Committee on Economic, Social and Cultural Rights concluded its twenty-third session today by issuing its concluding observations and recommendations on how those rights are protected in Jordan, Mongolia, Sudan, Kyrgyzstan and Australia, whose reports were considered by the Committee during the three-week session.
They are among 143 States which have acceded to the International Covenant on Economic, Social and Cultural Rights, and are obligated to periodically submit reports to the Committee to review how the rights enshrined in the treaty are implemented in their societies.
Addressing the situation in Jordan, the Committee noted with appreciation the sustained efforts by the Government to improve the economic performance and to modernize the political and social structure, taking into account the obligations under the Covenant. The Committee also welcomed Jordan's ratification of major international human rights treaties, and noted the various initiatives pursued by the Government in the area of human rights, including the development of a national human rights plan of action.
The Committee said it was concerned, however, about the insufficiency of information in the report on the effectiveness of constitutional and legislative provisions relating to the Covenant. Further, the absence of any information on complaints concerning violations of these rights, as well as the absence of lawsuits in this regard, may indicate the low awareness of the Covenant among judges, lawyers and the public at large.
On Mongolia, the Committee welcomed the Government's move towards democracy and the recently-held free and fair elections that reflected the will of the population. It also commended the Government for formulating a National Plan of Action for Human Rights, and noted that the State party was taking steps towards establishing a national human rights institution.
The Committee expressed concern over the adverse effects of the prevailing traditional values and practices and of poverty on women. It was deeply disturbed that the Government had not been able to mitigate the adverse effects of poverty on children, who represented 42 per cent of the population.
Cited among positive aspects about Sudan was the expressed commitment of the Government to respect and promote human rights and the rule of law, and its expressed commitment to a process of democratization with a view to establishing a representative and accountable government. The Committee also noted with interest that since the fact-finding mission by the Special Rapporteur on the promotion and protection of the freedom of opinion and expression of the Commission on Human Rights in 1999, there had been a broader degree of the freedom of expression, press and assembly.
It noted with concern, however, that there were some restrictions on the freedom of religion, expression and association and peaceful assembly. The Committee was gravely concerned about the occurrence of flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk.
Referring to Kyrgyzstan, the Committee noted with appreciation the efforts made by the Government to improve the macroeconomic conditions for the implementation of the rights enshrined in the Covenant, such as integration into the international economic system. It noted with appreciation the information provided by the United Nations Development Programme, and also noted the establishment of a Presidential Commission on Human Rights and the Parliamentary Commission on Human Rights.
But the Committee showed concern about the independence of the judiciary, which it said may be impaired in cases where the designation of high court judges was effected without full participation of the legislature. The Committee also noted with concern the recent estimates of unemployment, which were put at 26 per cent.
And on the report of Australia, the Committee cited as positive aspects the high standard of living enjoyed by most Australians, and the motion passed by Parliament expressing a commitment to reconciliation with the indigenous populations as an important national priority.
The Committee expressed deep concern that, despite efforts and achievements of the Government, the indigenous populations of Australia continued to be at a comparative disadvantage in the enjoyment of economic, social and cultural rights, particularly in the field of employment, housing, health and education. The Committee encouraged the State party to pursue its efforts in the process of reconciliation with Australia's indigenous peoples and in the efforts it was making to improve the disadvantaged situation they were in.
The Committee's next session will be held from 13 November to 1 December 2000. During that meeting, the Committee will consider reports from Hong Kong, Belgium, Morocco, the Federal Republic of Yugoslavia and Portugal.
Conclusions and Recommendations
Among the positive aspects the Committee cited in the second periodic report of Jordan was the sustained efforts by the Government to improve the economic performance and to modernize the political and social structure in Jordan, taking into account its obligations under the Covenant. The Committee also welcomed Jordan's ratification of major international human rights treaties, and noted the various initiatives pursued by the Government in the area of human rights, including the development of a national human rights plan of action.
The Committee noted with satisfaction that Jordan hosted a large number of refugees, and had a good record of respect for and compliance with its international commitments. It also welcomed the decree of March 2000 for the establishment of the National Committee for Human Rights.
In addition, the Committee welcomed the significant achievements of the Government in the area of health, despite its economic problems. In particular, the Committee noted Jordan's progress in achieving many of the goals laid down in the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s.
Lastly, the Committee further welcomed Jordan's commitment towards improving access to education, especially for girls.
Addressing the subjects of concern, the Committee observed that 25 years had passed since Jordan had ratified the treaty and the Covenant had not yet been published in the Official Gazette. It also expressed concern that the Government had given little attention to incorporating relevant provisions of the Covenant into its legislation.
Committee members regretted the insufficiency of information in the report on the effectiveness of constitutional and legislative provisions relating to the Covenant. Further, the absence of any information on complaints concerning violations of these rights, as well as the absence of lawsuits in this regard, may indicate the low awareness of the Covenant among judges, lawyers and the public at large.
Other concerns noted by the Committee included the traditional and stereotypical attitudes towards the role and responsibilities of women and men in Jordanian society; the discriminatory treatment under the civil law, such as restrictions on the right of Jordanian women married to foreign man to pass on their nationality to their children; and that violence against women remained a serious problem.
The Committee recommended that Jordan take all effective legal measures to prohibit discrimination on grounds of sex in all fields of civil, political, economic, social and cultural life. It recommended that the State Party criminalize marital rape and provide appropriate penalties for perpetrators, and it suggested emphasizing the right of trade unions to freely function without restrictions.
In addition, the Committee encouraged the Government to prevent forced evictions, and recommended Jordan develop an ongoing programme for the dissemination of information regarding the implementation of the Covenant.
The Committee noted several positive aspects on the report of Mongolia, among them the move towards democracy and the recently-held free and fair elections that reflected the will of the population. The Committee commended the Government for formulating a National Plan of Action for Human Rights, and noted that the State party was taking steps towards establishing a national human rights institution. Further, the Committee noted with appreciation that Mongolia had made efforts to continue to enact legislation forming the basis for the implementation of human rights standards.
In addition, the Committee welcomed the information provided by the Government about the adoption and implementation of national strategies and policies to address the plight of various vulnerable groups, particularly women and children. It noted with appreciation that Mongolia was developing international cooperation with a view to resolving the social and economic problems of its population. And it also welcomed the efforts undertaken by the country in relation to various educational initiatives, including the non-formal distance education project for women in the Gobi region.
Among the subjects of concern listed by the Committee were the negative consequences of the transition process on a large part of the Mongolian population. It was deeply concerned about the adverse effects of the prevailing traditional values and practices and of poverty on women. The Committee was deeply disturbed that the Government had not been able to mitigate the adverse effects of poverty on children, who represented 42 per cent of the population.
The Committee also said it regretted to learn, from information submitted by the State party and reinforced by the FAO, about growing food insecurity among vulnerable groups, such as children, the unemployed, older persons, female headed households, pensioners and small herders. Further, the Committee was disturbed to learn about the deteriorating health situation in the country, and that Government expenditure on health had decreased in recent years. The Committee noted with concern the degrading conditions for detainees who reportedly suffered from overcrowding, inadequate medical care and hygiene and from malnourishment, and it said it regretted to learn that Government spending on education had decreased since 1990.
The Committee recommended that the Government efficiently enforce in practice labour legislation prohibiting discrimination of women in employment, and it urged the Government to continue to address, as a matter of urgency, the immediate nutritional needs of its population. Further, it was recommended that Mongolia continue taking steps to ensure that persons living in remote areas have progressively greater access to essential health services, and it also recommended that the Government seek to address the problems it confronted in enhancing the quality of school curricula.
The Committee noted several positive aspects regarding the initial report of Sudan, including the expressed commitment of the Government to respect and promote human rights and the rule of law, and its expressed commitment to a process of democratization with a view to establishing a representative and accountable government. The Committee also noted with interest that since the fact-finding mission by the Special Rapporteur on the promotion and protection of the freedom of opinion and expression of the Commission on Human Rights in 1999, there had been a broader degree of the freedom of expression, press and assembly.
The Committee appreciated the willingness of the country to cooperate with the Office of the United Nations High Commissioner for Human Rights by facilitating a Needs Assessment Mission in September 1999, and noted with satisfaction the proclamation of the Constitution providing for basic human rights and freedoms. The Committee also welcomed Sudan's Peace Agreement of 1997, particularly since progress towards a peaceful settlement of the conflict in southern Sudan would greatly contribute to the creation of a better environment for the respect for human rights in Sudan.
Further, the Committee welcomed the Government's efforts in the field of education, in particular the establishment of 16 new universities, and the general unconditional amnesty by the President to all Government opponents inside and outside Sudan.
The Committee did, however, note with concern that there was a lack of clarity as to the legal status of the Covenant in the Sudanese domestic laws. Further, despite the Constitutional provisions proclaiming the independence of the judiciary, the Committee was concerned that the judiciary still lacked the necessary degree of independence in order to guarantee the implementation and protection of economic, social and cultural rights.
The Committee also expressed deep concern over the considerable divergence in Sudan between the Constitutional provisions guaranteeing rights and freedoms on one hand, and traditional customs and practices on the other. It regretted the lack of precise information and reliable comparable statistics, and it expressed concern about the continuing occurrence of abductions of women and children on a large scale among different tribes.
The Committee was also concerned about the fact that some restrictions on the freedom of religion, expression and association and peaceful assembly still existed. It was gravely concerned about the occurrence of flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk.
The Committee recommended that the Government take adequate measures to enhance awareness of human rights at all levels of Sudanese society, including government officials, the judiciary, the military, security and police forces. It strongly recommended that the Government reconsider existing legislation, particularly the 1996 Public Order Act, in order to eliminate discrimination against women. It also requested Sudan to provide statistical data and precise information concerning poverty and unemployment.
Another request by the Committee was for Sudan to provide more detailed information on the status of trade unions and their activities. It also urged the Government to address the root causes of the problem of internally displaced persons, and in the short and medium term, to fully cooperate with international and non-governmental organizations (NGOs). The Committee also urged the Government to devote adequate attention to identifying its most urgent problems and concerns about economic, social and cultural rights.
Among the positive aspects the Committee found in the report of Kyrgyzstan was the efforts made by the Government to improve the macroeconomic conditions for the implementation of the rights enshrined in the Covenant, such as integration into the international economic system. It noted with appreciation the information provided by the United Nations Development Programme, and also noted the establishment of a Presidential Commission on Human Rights and the Parliamentary Commission on Human Rights.
The Committee noted with appreciation the steps taken by the Government to establish an independent national human rights institution, and it also welcomed the initiatives taken by the State party to combat poverty. Further, the Committee welcomed the national programme for the support of women, designed to enhance the role of women in society and to improve their economic and social situation. It also welcomed the “Education for All” programme, which benefitted more than one-third of the population.
One of the issues the Committee listed as a subject of concern was the independence of the judiciary, which it said may be impaired in cases where the designation of high court judges was effected without full participation of the legislature. The Committee also noted with concern the recent estimates of unemployment, which were put at 26 per cent.
The Committee regretted the extensive limitations on the right to strike presently in force in Kyrgyzstan, and was disturbed about the reassertion of traditional attitudes towards women in the Kyrgyz society. It also regretted the absence of information on the extent of violence against women and the trafficking of women in Kyrgyzstan, and noted with alarm the repressive measures taken against female journalists for their protest against inequality between men and women in society. Further, the Committee was deeply concerned about the high rate of poverty, which was estimated to affect 50 per cent of the population.
The Committee urged Kyrgyzstan to continue more actively the pursuit of perpetrators of human rights violations, and encouraged the Government to establish, as soon as possible, a national human rights institution. The Committee recommended that the right to housing be ensured to all and that problems on the lack of housing be solved in the most expedient manner possible.
It also urged the State party to continue its efforts to address the prevailing health threats, and to target progressively resources to health services. The Committee called upon the Government to take special care in ensuring the right to education, in particular for girls.
And among positive aspects cited by the Committee on the report of Australia was the high standard of living enjoyed by most Australians, and that the Government continued in its efforts to maintain the standard. It also noted positively the motion passed by Parliament expressing a commitment to reconciliation with the indigenous populations as an important national priority. Further, it welcomed the partnership between the State party and the indigenous communities in initiatives aimed at providing greater access for indigenous peoples to culturally appropriate health services and allocating significant resources for the improvement of indigenous health in general.
The Committee did site as a subject of concern, however, that because the Covenant had not been entrenched in the domestic laws, its provisions could not be invoked before a court of law. It expressed deep concern that, despite efforts and achievements of the Government, the indigenous populations of Australia continued to be at a comparative disadvantage in the enjoyment of economic, social and cultural rights, particularly in the field of employment, housing, health and education.
The Committee encouraged the State party to pursue its efforts in the process of reconciliation with Australia's indigenous peoples and in the efforts it was making to improve the disadvantaged situation they were in. It recommended that the Government ensure that the legislative provisions concerning job security were strengthened and effectively implemented, especially for the most vulnerable groups, such as fixed-term contract workers, temporary workers and casual workers. It also strongly recommended that the Government undertake measures to protect homeworkers and ensure that they received the official minimum wage, benefited from adequate social security and that they enjoyed working conditions in conformity with legislation. Further, it called upon Australia to ensure the two-year waiting period for receipt of social security assistance by new immigrants did not infringe upon their right to an adequate living standard, and it strongly recommended that the Government, at the federal level, develop a housing strategy to protect tenants from forced eviction without reasons and from arbitrary rent increases.
The International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant. Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (the Russian Federation), Jaime Marchán Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
States Parties to the Covenant
The Covenant has been ratified or acceded to by the following 143 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Former Yugoslav Republic of Macedonia, Finland, France, Gabon, Gambia, Germany, Georgia, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.
HR/ESC/00/44
1 September 2000
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCLUDES
TWENTY-THIRD SESSION
Issues Concluding Observations on Reports of Jordan, Mongolia,
Sudan, Kyrgyzstan and Australia
The Committee on Economic, Social and Cultural Rights concluded its twenty-third session today by issuing its concluding observations and recommendations on how those rights are protected in Jordan, Mongolia, Sudan, Kyrgyzstan and Australia, whose reports were considered by the Committee during the three-week session.
They are among 143 States which have acceded to the International Covenant on Economic, Social and Cultural Rights, and are obligated to periodically submit reports to the Committee to review how the rights enshrined in the treaty are implemented in their societies.
Addressing the situation in Jordan, the Committee noted with appreciation the sustained efforts by the Government to improve the economic performance and to modernize the political and social structure, taking into account the obligations under the Covenant. The Committee also welcomed Jordan's ratification of major international human rights treaties, and noted the various initiatives pursued by the Government in the area of human rights, including the development of a national human rights plan of action.
The Committee said it was concerned, however, about the insufficiency of information in the report on the effectiveness of constitutional and legislative provisions relating to the Covenant. Further, the absence of any information on complaints concerning violations of these rights, as well as the absence of lawsuits in this regard, may indicate the low awareness of the Covenant among judges, lawyers and the public at large.
On Mongolia, the Committee welcomed the Government's move towards democracy and the recently-held free and fair elections that reflected the will of the population. It also commended the Government for formulating a National Plan of Action for Human Rights, and noted that the State party was taking steps towards establishing a national human rights institution.
The Committee expressed concern over the adverse effects of the prevailing traditional values and practices and of poverty on women. It was deeply disturbed that the Government had not been able to mitigate the adverse effects of poverty on children, who represented 42 per cent of the population.
Cited among positive aspects about Sudan was the expressed commitment of the Government to respect and promote human rights and the rule of law, and its expressed commitment to a process of democratization with a view to establishing a representative and accountable government. The Committee also noted with interest that since the fact-finding mission by the Special Rapporteur on the promotion and protection of the freedom of opinion and expression of the Commission on Human Rights in 1999, there had been a broader degree of the freedom of expression, press and assembly.
It noted with concern, however, that there were some restrictions on the freedom of religion, expression and association and peaceful assembly. The Committee was gravely concerned about the occurrence of flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk.
Referring to Kyrgyzstan, the Committee noted with appreciation the efforts made by the Government to improve the macroeconomic conditions for the implementation of the rights enshrined in the Covenant, such as integration into the international economic system. It noted with appreciation the information provided by the United Nations Development Programme, and also noted the establishment of a Presidential Commission on Human Rights and the Parliamentary Commission on Human Rights.
But the Committee showed concern about the independence of the judiciary, which it said may be impaired in cases where the designation of high court judges was effected without full participation of the legislature. The Committee also noted with concern the recent estimates of unemployment, which were put at 26 per cent.
And on the report of Australia, the Committee cited as positive aspects the high standard of living enjoyed by most Australians, and the motion passed by Parliament expressing a commitment to reconciliation with the indigenous populations as an important national priority.
The Committee expressed deep concern that, despite efforts and achievements of the Government, the indigenous populations of Australia continued to be at a comparative disadvantage in the enjoyment of economic, social and cultural rights, particularly in the field of employment, housing, health and education. The Committee encouraged the State party to pursue its efforts in the process of reconciliation with Australia's indigenous peoples and in the efforts it was making to improve the disadvantaged situation they were in.
The Committee's next session will be held from 13 November to 1 December 2000. During that meeting, the Committee will consider reports from Hong Kong, Belgium, Morocco, the Federal Republic of Yugoslavia and Portugal.
Conclusions and Recommendations
Among the positive aspects the Committee cited in the second periodic report of Jordan was the sustained efforts by the Government to improve the economic performance and to modernize the political and social structure in Jordan, taking into account its obligations under the Covenant. The Committee also welcomed Jordan's ratification of major international human rights treaties, and noted the various initiatives pursued by the Government in the area of human rights, including the development of a national human rights plan of action.
The Committee noted with satisfaction that Jordan hosted a large number of refugees, and had a good record of respect for and compliance with its international commitments. It also welcomed the decree of March 2000 for the establishment of the National Committee for Human Rights.
In addition, the Committee welcomed the significant achievements of the Government in the area of health, despite its economic problems. In particular, the Committee noted Jordan's progress in achieving many of the goals laid down in the Plan of Action for Implementing the World Declaration on the Survival, Protection and Development of Children in the 1990s.
Lastly, the Committee further welcomed Jordan's commitment towards improving access to education, especially for girls.
Addressing the subjects of concern, the Committee observed that 25 years had passed since Jordan had ratified the treaty and the Covenant had not yet been published in the Official Gazette. It also expressed concern that the Government had given little attention to incorporating relevant provisions of the Covenant into its legislation.
Committee members regretted the insufficiency of information in the report on the effectiveness of constitutional and legislative provisions relating to the Covenant. Further, the absence of any information on complaints concerning violations of these rights, as well as the absence of lawsuits in this regard, may indicate the low awareness of the Covenant among judges, lawyers and the public at large.
Other concerns noted by the Committee included the traditional and stereotypical attitudes towards the role and responsibilities of women and men in Jordanian society; the discriminatory treatment under the civil law, such as restrictions on the right of Jordanian women married to foreign man to pass on their nationality to their children; and that violence against women remained a serious problem.
The Committee recommended that Jordan take all effective legal measures to prohibit discrimination on grounds of sex in all fields of civil, political, economic, social and cultural life. It recommended that the State Party criminalize marital rape and provide appropriate penalties for perpetrators, and it suggested emphasizing the right of trade unions to freely function without restrictions.
In addition, the Committee encouraged the Government to prevent forced evictions, and recommended Jordan develop an ongoing programme for the dissemination of information regarding the implementation of the Covenant.
The Committee noted several positive aspects on the report of Mongolia, among them the move towards democracy and the recently-held free and fair elections that reflected the will of the population. The Committee commended the Government for formulating a National Plan of Action for Human Rights, and noted that the State party was taking steps towards establishing a national human rights institution. Further, the Committee noted with appreciation that Mongolia had made efforts to continue to enact legislation forming the basis for the implementation of human rights standards.
In addition, the Committee welcomed the information provided by the Government about the adoption and implementation of national strategies and policies to address the plight of various vulnerable groups, particularly women and children. It noted with appreciation that Mongolia was developing international cooperation with a view to resolving the social and economic problems of its population. And it also welcomed the efforts undertaken by the country in relation to various educational initiatives, including the non-formal distance education project for women in the Gobi region.
Among the subjects of concern listed by the Committee were the negative consequences of the transition process on a large part of the Mongolian population. It was deeply concerned about the adverse effects of the prevailing traditional values and practices and of poverty on women. The Committee was deeply disturbed that the Government had not been able to mitigate the adverse effects of poverty on children, who represented 42 per cent of the population.
The Committee also said it regretted to learn, from information submitted by the State party and reinforced by the FAO, about growing food insecurity among vulnerable groups, such as children, the unemployed, older persons, female headed households, pensioners and small herders. Further, the Committee was disturbed to learn about the deteriorating health situation in the country, and that Government expenditure on health had decreased in recent years. The Committee noted with concern the degrading conditions for detainees who reportedly suffered from overcrowding, inadequate medical care and hygiene and from malnourishment, and it said it regretted to learn that Government spending on education had decreased since 1990.
The Committee recommended that the Government efficiently enforce in practice labour legislation prohibiting discrimination of women in employment, and it urged the Government to continue to address, as a matter of urgency, the immediate nutritional needs of its population. Further, it was recommended that Mongolia continue taking steps to ensure that persons living in remote areas have progressively greater access to essential health services, and it also recommended that the Government seek to address the problems it confronted in enhancing the quality of school curricula.
The Committee noted several positive aspects regarding the initial report of Sudan, including the expressed commitment of the Government to respect and promote human rights and the rule of law, and its expressed commitment to a process of democratization with a view to establishing a representative and accountable government. The Committee also noted with interest that since the fact-finding mission by the Special Rapporteur on the promotion and protection of the freedom of opinion and expression of the Commission on Human Rights in 1999, there had been a broader degree of the freedom of expression, press and assembly.
The Committee appreciated the willingness of the country to cooperate with the Office of the United Nations High Commissioner for Human Rights by facilitating a Needs Assessment Mission in September 1999, and noted with satisfaction the proclamation of the Constitution providing for basic human rights and freedoms. The Committee also welcomed Sudan's Peace Agreement of 1997, particularly since progress towards a peaceful settlement of the conflict in southern Sudan would greatly contribute to the creation of a better environment for the respect for human rights in Sudan.
Further, the Committee welcomed the Government's efforts in the field of education, in particular the establishment of 16 new universities, and the general unconditional amnesty by the President to all Government opponents inside and outside Sudan.
The Committee did, however, note with concern that there was a lack of clarity as to the legal status of the Covenant in the Sudanese domestic laws. Further, despite the Constitutional provisions proclaiming the independence of the judiciary, the Committee was concerned that the judiciary still lacked the necessary degree of independence in order to guarantee the implementation and protection of economic, social and cultural rights.
The Committee also expressed deep concern over the considerable divergence in Sudan between the Constitutional provisions guaranteeing rights and freedoms on one hand, and traditional customs and practices on the other. It regretted the lack of precise information and reliable comparable statistics, and it expressed concern about the continuing occurrence of abductions of women and children on a large scale among different tribes.
The Committee was also concerned about the fact that some restrictions on the freedom of religion, expression and association and peaceful assembly still existed. It was gravely concerned about the occurrence of flagellation or lashing of women for wearing allegedly indecent dress or for being out in the street after dusk.
The Committee recommended that the Government take adequate measures to enhance awareness of human rights at all levels of Sudanese society, including government officials, the judiciary, the military, security and police forces. It strongly recommended that the Government reconsider existing legislation, particularly the 1996 Public Order Act, in order to eliminate discrimination against women. It also requested Sudan to provide statistical data and precise information concerning poverty and unemployment.
Another request by the Committee was for Sudan to provide more detailed information on the status of trade unions and their activities. It also urged the Government to address the root causes of the problem of internally displaced persons, and in the short and medium term, to fully cooperate with international and non-governmental organizations (NGOs). The Committee also urged the Government to devote adequate attention to identifying its most urgent problems and concerns about economic, social and cultural rights.
Among the positive aspects the Committee found in the report of Kyrgyzstan was the efforts made by the Government to improve the macroeconomic conditions for the implementation of the rights enshrined in the Covenant, such as integration into the international economic system. It noted with appreciation the information provided by the United Nations Development Programme, and also noted the establishment of a Presidential Commission on Human Rights and the Parliamentary Commission on Human Rights.
The Committee noted with appreciation the steps taken by the Government to establish an independent national human rights institution, and it also welcomed the initiatives taken by the State party to combat poverty. Further, the Committee welcomed the national programme for the support of women, designed to enhance the role of women in society and to improve their economic and social situation. It also welcomed the “Education for All” programme, which benefitted more than one-third of the population.
One of the issues the Committee listed as a subject of concern was the independence of the judiciary, which it said may be impaired in cases where the designation of high court judges was effected without full participation of the legislature. The Committee also noted with concern the recent estimates of unemployment, which were put at 26 per cent.
The Committee regretted the extensive limitations on the right to strike presently in force in Kyrgyzstan, and was disturbed about the reassertion of traditional attitudes towards women in the Kyrgyz society. It also regretted the absence of information on the extent of violence against women and the trafficking of women in Kyrgyzstan, and noted with alarm the repressive measures taken against female journalists for their protest against inequality between men and women in society. Further, the Committee was deeply concerned about the high rate of poverty, which was estimated to affect 50 per cent of the population.
The Committee urged Kyrgyzstan to continue more actively the pursuit of perpetrators of human rights violations, and encouraged the Government to establish, as soon as possible, a national human rights institution. The Committee recommended that the right to housing be ensured to all and that problems on the lack of housing be solved in the most expedient manner possible.
It also urged the State party to continue its efforts to address the prevailing health threats, and to target progressively resources to health services. The Committee called upon the Government to take special care in ensuring the right to education, in particular for girls.
And among positive aspects cited by the Committee on the report of Australia was the high standard of living enjoyed by most Australians, and that the Government continued in its efforts to maintain the standard. It also noted positively the motion passed by Parliament expressing a commitment to reconciliation with the indigenous populations as an important national priority. Further, it welcomed the partnership between the State party and the indigenous communities in initiatives aimed at providing greater access for indigenous peoples to culturally appropriate health services and allocating significant resources for the improvement of indigenous health in general.
The Committee did site as a subject of concern, however, that because the Covenant had not been entrenched in the domestic laws, its provisions could not be invoked before a court of law. It expressed deep concern that, despite efforts and achievements of the Government, the indigenous populations of Australia continued to be at a comparative disadvantage in the enjoyment of economic, social and cultural rights, particularly in the field of employment, housing, health and education.
The Committee encouraged the State party to pursue its efforts in the process of reconciliation with Australia's indigenous peoples and in the efforts it was making to improve the disadvantaged situation they were in. It recommended that the Government ensure that the legislative provisions concerning job security were strengthened and effectively implemented, especially for the most vulnerable groups, such as fixed-term contract workers, temporary workers and casual workers. It also strongly recommended that the Government undertake measures to protect homeworkers and ensure that they received the official minimum wage, benefited from adequate social security and that they enjoyed working conditions in conformity with legislation. Further, it called upon Australia to ensure the two-year waiting period for receipt of social security assistance by new immigrants did not infringe upon their right to an adequate living standard, and it strongly recommended that the Government, at the federal level, develop a housing strategy to protect tenants from forced eviction without reasons and from arbitrary rent increases.
The International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant. Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (the Russian Federation), Jaime Marchán Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
States Parties to the Covenant
The Covenant has been ratified or acceded to by the following 143 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Former Yugoslav Republic of Macedonia, Finland, France, Gabon, Gambia, Germany, Georgia, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.