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12 May 2000
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ROUNDUP RELEASE
CESCR
22nd Session
12 May 2000
Issues Observations on Situation in Georgia, Italy, Egypt and the Republic of the Congo; Adopts General Comment on Right to Health
The Committee on Economic, Social and Cultural Rights concluded its spring session today by issuing concluding observations and recommendations on how those rights are protected in Georgia, Italy, Egypt and the Republic of the Congo, which appeared before the panel during the three-week session.
The Committee's 18 experts also adopted a general comment on the right to the highest attainable standard of health. Article 12 of the International Covenant on Economic, Social and Cultural Rights addresses the right to health.
There are 143 States parties to the International Covenant, and each is obligated to submit to the Committee periodic reports of the measures taken to implement the provisions of the treaty. Besides Georgia, Italy and Egypt, Jordan and Portugal had been scheduled to present reports. Their Governments, however, requested postponements, which were granted by the Committee. In addition, the Committee reviewed the implementation of the Covenant by the Republic of the Congo although that country had not submitted a report since ratifying the Covenant in 1984.
Addressing the situation in Georgia, the Committee noted the intention of the State party to advance human rights and to comply with international human rights norms by ratifying most of the international human rights instruments, as well as various International Labour Organization Conventions, after its independence.
It said it was concerned, however, about the grave problem of poverty with which the Government of Georgia was confronted. Despite the efforts made by the State party, the average minimum wage was still insufficient to ensure an adequate standard of living for large parts of the Georgian population.
One of the positive aspects the Committee noted about the report of Italy was the measures taken by the State party to combat organized crime. The Committee also welcomed the adoption of the immigration bill of 1998, granting one-year residence/work permits to women who turned in their exploiters, and the introduction of trafficking of migrants as a crime under the penal code.
The Committee did note with concern the statement made by the State party in its replies to the list of issues, affirmed by the delegation during its dialogue with the Committee, that only very few court rulings referred explicitly to the Covenant.
On Egypt, the Committee noted several positive aspects, including the general progress made by the Government in recent years in implementing economic, social and cultural rights. In particular, the Committee commended Egypt for the striking improvements in its educational system, as cited by UNICEF, and for its achievements towards eradicating illiteracy, for which Egypt had received an award from UNESCO.
The Committee, in listing areas of concern, noted that the percentage of women who were victims of female genital mutilation remained alarmingly high, according to WHO statistics, which showed an estimated 97 per cent prevalence during the year 1995.
Concerning the situation in the Republic of the Congo, the Committee noted with satisfaction that two agreements to cease hostilities had been signed between the Government and the various militia groups in November and December 1999, and expressed the hope that the process of national reconciliation that had been initiated would bring about political and social stability and would allow for more respect for economic, social and cultural rights.
It noted with concern, however, the discrimination against women. Marriage and family laws overtly discriminated against women. For example, adultery was illegal for women but, in certain circumstances, not for men.
During the session, the Committee also adopted a general comment on the right to the highest attainable standard of health. The comprehensive 49-paragraph document was divided into normative contents, States parties' obligations, violations, implementation at the national level and obligations of actors other than States parties. The general comment was designed to assist States parties' implementation of the International Covenant on Economic, Social and Cultural Rights, and to help with the fulfilment of their reporting obligations.
In the general comment, the Committee reaffirmed that States parties were obligated to guarantee that the right to health would be exercised without discrimination of any kind. They also had obligations, it said, to take deliberate, concrete and targeted steps toward the full realisation of the right to health. It also said it was important to distinguish the inability from the unwillingness of a State party to comply with the obligations of Article 12. If resource constraints rendered it impossible for a State to comply fully with it Covenant obligations, it had the burden of justifying that every effort had nevertheless been made to use all available resources at its disposal, the document stated.
The Committee's next session will be held from 14 August to 1 September 2000. During that meeting, the Committee will consider reports from Jordan, Honduras, Mongolia, Kyrgyzstan, Belgium, Australia and Sudan.
Conclusions and Recommendations
Among the positive aspects the Committee cited in the report of Georgia was the intention of the State party to advance human rights, and to comply with international human rights norms, by ratifying most of the international human rights instruments, as well as various ILO Conventions, after its independence. In addition, the Committee acknowledged the efforts made by the Government of Georgia with a view to implementing the rights set forth in the International Covenant on Economic, Social and Cultural Rights. The Committee took note, in particular, of the statement by the delegation that the Government of Georgia intended to ratify ILO Conventions 102 and 118, dealing with the issues of social protection of workers.
The Committee noted with satisfaction that the Government of Georgia was willing to cooperate with various international organizations, such as UNDP, ILO, WHO, the World Bank and IMF, as well as with regional organizations such as the OSCE, in order to realize the rights set forth in the Covenant, and in particular, to address the problem of poverty. The Committee also welcomed the fact that the State party has created governmental bodies which are concerned with the issue of human rights, such as the National Ombudsman.
Addressing subjects of concern, the Committee said it was concerned about the grave problem of poverty with which the Government of Georgia was confronted. Despite the efforts made by the State party, the average minimum wage was still insufficient to ensure an adequate standard of living for large parts of the Georgian population. In addition, the Committee was concerned about the inadequacy of certain measures being taken to combat poverty. With regard to activities aimed at poverty reduction, there seemed to be a lack of effective management in the policy-making and implementation phases, particularly with regard to the processes of pension reforms and the taxation system. A lack of clearly established guiding parameters and indicators was detrimental to the transition process.
Generally, the Committee noted that the statistical data provided by the State party were insufficiently reliable to allow for a clear analysis and evaluation of the various problems it was addressing, such as the level of poverty in the country, and the determination of the actual minimum subsistence level and the real poverty line. The lack of statistics on budget transformation from central government to local government for education and health, the Committee said, made it impossible to have a clear view of the progress made or retrogressive steps taken in these fields.
The Committee also noted with concern the fact that workers in various sectors of the Georgian economy had not been paid their wages in time, and the fact that there were no legislative provisions requiring the accessibility to the labour market for disabled persons. Further, the Committee noted that women suffered more than men from unemployment, and that they were under represented in the labour force, especially in public service and in Parliament. In addition, the Committee was concerned that the National Plan of Action, which aimed to eliminate the inequalities faced by women in economic and social spheres, had not yet been implemented by the State party.
It also noted with concern that the laws addressing violence against women and sexual harassment at the workplace were inadequate and insufficient, and the number of children begging in the streets was on the increase and many of them were drawn by adults into various types of criminal activities.
The Committee regretted that given the insufficient data provided by the State party on the housing situation, as well as the occurrence of forced evictions in Georgia, it was impossible to form a clear and comprehensive view on the matter. In addition, the Committee deplored that no satisfactory problem had been found for the problems concerning internally displaced persons. The Committee also noted with concern that there was limited knowledge among the general public with regard to reproductive health issues in general, and particularly with regard to the availability and use of contraceptives. And with regard to education, the Committee noted with concern that in the new secondary school curriculum, there appeared to be an imbalance between the amount of time devoted to military training and fundamentals of justice.
The Committee suggested that the State party take into account the obligations ensuing from the International Covenant on Economic, Social and Cultural Rights, as well as the recommendations contained in the present concluding observations. It recommended that the State party continue to seek international technical assistance, as provided for in Article 23 of the Covenant, in its efforts to improve the implementation of economic, social and cultural rights in the country. In addition, the Committee recommended that the State party ensure its international human rights obligations were taken fully into account when it entered into technical cooperation and other arrangements with international organizations. Also, the Committee urged the State party to take into account the different approaches taken by the different organizations, such as the human development approach of UNDP.
The Committee supported the suggestion in the UNDP 1999 Human Development Report on Georgia that the poverty threshold level not be changed in accordance with proposals received by the State party, as this would have incorrectly reflected the poverty situation in the country. In this respect, the Committee urged the State party to take adequate measures in order to ensure that the minimum wage was sufficient to meet the basic needs of the wage earner and the family. The Committee also recommended that the State party take remedial action in order to ensure that workers in various sectors of the Georgian economy were paid their wages in time, and that the State party adopted relevant legislation to ensure enhanced accessibility of disabled persons to the labour market.
With recognition of the limited resources available to the State party, the Committee suggested that measures be taken to concentrate their use on major priorities, such as measures to address the existing inequality between men and women in public service, and the formulation of a National Plan of Action on Human Rights. In this respect, the Committee pointed out that international technical assistance could be requested with regard to such activities from the Office of the High Commissioner for Human Rights and UNDP. The Committee also urged the State party to start implementing gradually the National Plan of Action with regard to women. In addition, the Committee strongly recommended that the State party take effective measures to combat violence against women, including by adopting appropriate legislation to that effect.
The Committee urged Georgia to treat with more concern the growing number of street-beggar children and to take the appropriate measures to solve the problem. It also recommended that the State party take measures to create conditions allowing internally displaced persons to return to their places of origin. In addition, the Committee recommended that the State party undertake steps to improve the awareness and knowledge of the public concerning reproductive health issues. In this regard, the Government could seek the advice and assistance of international organizations, such as WHO, UNAIDS and UNFPA.
With regard to the secondary school curriculum, the Committee recommended that the State party strike an appropriate balance between the school time devoted to military training and the time devoted to civic education, including the fundamentals of justice. The Committee also requested that the State party include in its second periodic report on the implementation of the Covenant all available information on any measures taken and progress made, particularly with regard to the suggestions and recommendations by the Committee in the present concluding observations.
The Committee noted several positive aspects in the report of Italy, including the measures taken by the State party to combat organized crime. The Committee also welcomed the adoption of the immigration bill of 1998, granting one-year residence/work permits to women who turned in their exploiters, and the introduction of trafficking of migrants as a crime under the penal code. It also noted with appreciation the approval of the Texto Unico 286/98, which gave foreigners regularly present on the national territory equal standing with Italian citizens regarding access to residential and public housing, and easy-term credits for the purpose of building, acquisition and renting of the first home.
The Committee noted with appreciation the approval of a law which recognised the right of the father, formerly only recognised for the mother, to take leave from work to care for the child during early infancy. With regard to the problem of domestic violence against women, the Committee welcomed the approval of a law qualifying sexual violence as a crime punishable by imprisonment.
The Committee said it regretted the fact that some replies to the list of issues were insufficient, and that some verbal replies during the dialogue were too vague and general. It noted with concern the statement made by the State party in its replies to the list of issues, affirmed by the delegation during its dialogue with the Committee, that only very few court rulings referred explicitly to the Covenant. The Committee noted with concern that a large number of the Roma population lived in camps lacking basic sanitary facilities on the outskirts of major Italian cities. The Roma population on the whole lived below the poverty line and was discriminated against, especially in the workplace, if and when they found work, and in the housing sector. Life in the camps had a major negative impact on the Roma children, many of whom abandoned primary and secondary schooling in order to look after their younger siblings or to go out begging in the streets in order to help increase their family income.
It drew the attention of the State party to the concern expressed by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) regarding the transfer to local health units of the functions of the labour inspectorate with regard to prevention and occupational safety and health. The Committee was concerned that such transfers could create a problem of coordination. The Committee also regretted that the delegation did not answer the question put to it on this matter.
The Committee was also alarmed by the high rate of accidents in the workplace, and drew the attention of the State party to the concern expressed by the ILO CEACR which had repeatedly drawn the Government's attention to the need to adopt legal regulations and policies which ensured the prevention of accidents in the workplace, particularly in all ports. The Committee regretted the insufficiency of the information provided by the State party concerning the social security system, especially considering that the Committee's previous concluding observations on Italy had signalled a lack of information on article 9 in the State party's second periodic report.
While commending the State party regarding the efforts taken to combat violence against women, the Committee remained concerned that the Government had not yet devised a comprehensive, coordinated and concerted strategy to address this serious problem. While also commending the State party on the many initiatives taken to combat organized crime, the Committee remained concerned by the extent of the phenomenon of trafficking of women and children, sexual abuse of minors and child pornography in Italy.
It noted with concern that there were still substantial economic and social inequalities between the northern and southern parts of the country, which impacted negatively on the situation of women, young people, children and the disadvantaged and marginalised groups. It also regretfully noted that in Italy, asylum-seekers had access to subsidised health care only in emergency situations. The Committee pointed out that this policy was not in compliance with the provisions of the Covenant.
With respect to education, the Committee noted with concern the high rate of young people dropping out of secondary education. In addition, the Committee was concerned about the phenomenon of functional illiteracy. The Committee regretted not having had a clear answer to its question on this issue during the dialogue. And the Committee was concerned about the controversial proposal to give private schools a certain amount of public funding, as contained in the State party school education reform programme.
The Committee encouraged the Government of Italy, as a member of international organizations, in particular the International Monetary Fund and the World Bank, to do all it could to ensure that the policies and decisions of the organizations were in conformity with the obligations of States parties to the Covenant, in particular the obligations contained in article 2 (1) concerning international assistance and cooperation. It also recommended that the State party organize briefings for judges to familiarise them with the provisions of the Covenant and the general comments adopted by the Committee, and that the State party ratify the 1961 Convention on the Reduction of Statelessness.
Further, the Committee recommended that the State party step up its efforts to improve the situation of the Roma population by replacing camps with low-cost houses; by legalising the status of Roma immigrants; by setting up employment and educational programmes for parents; by giving support to those Roma families with children at school; by providing better education for Roma children; and by strengthening and implementing anti-discrimination legislation, especially in the employment and housing sectors.
The Committee called upon the State party to implement the recommendations made by the ILO CEACR concerning the decentralisation of labour inspections. The Committee would appreciate, in the next periodic report, detailed information about the system of inspections. It also called upon the State party to take effective measures to ensure that workers enjoyed safe working conditions. In particular, the Committee recommended that the State party adopt measures, including legislation, which ensured the prevention of accidents, particularly in all ports, and ratify ILO Convention 152 on Occupational Safety and Health (Dock Workers) of 1979. The Committee also recommended that the State party ratify ILO Convention 174 on Prevention of Major Industrial Accidents of 1993, and ILO Convention 175 on Part-time Work of 1994. It encouraged Italy to ratify, as it had planned, ILO Convention 159 on Vocational Rehabilitation and Employment (disabled persons) of 1983. The Committee said it would appreciate information from the Ministry of Labour in the next periodic report on the number of cases raised under the legislation in force on disability.
The Committee recommended that the State party devise a national strategy to combat violence against women, the elements of which should include data collection, enactment of relevant legislation, training courses for and sensitising of the police forces and the judiciary, establishment of refuges for battered women and awareness-raising campaigns. In addition, the Committee recommended that the State party devise a comprehensive, coordinated and concerted national strategy to combat the trafficking in women and children, and sexual abuse of minors and child pornography by organized crime.
It also recommended that the State party should seriously address the persistent problem of economic and social disparities existing between the northern and southern parts of Italy, which had a negative effect on the situation of women, young persons, children and the disadvantaged and marginalised groups. Further, it recommended that the State party step up its efforts to assist those living under the poverty line, the majority of whom were women.
It invited Italy to address, in its next periodic report, the issue of the privatisation of the costs of medication and the measures the State party was taking to combat the negative effects this might have on the health of vulnerable groups. The Committee requested more information about the results of the latest completed National Health Plan, especially with regard to older persons and other vulnerable groups. In addition, the Committee urged Italy to extend, without discrimination, the subsidised health care system to asylum-seekers, as well as recommending the Government draw up a national strategy and plan of action to address the significant problems relating to school drop-outs and youth unemployment.
The Committee noted several positive aspects in the report of Egypt, including the general progress made by the Government in recent years in implementing economic, social and cultural rights. In particular, the Committee commended Egypt for the striking improvements in its educational system, as cited by UNICEF, and for its achievements towards eradicating illiteracy, for which Egypt had received an award from UNESCO. The Committee noted with appreciation the State party's recent efforts with regard to the protection of women's human rights, such as the adoption of a new divorce law improving the position of women.
It also welcomed the stand taken by the Constitutional Court of Egypt, which invoked the provisions of the Covenant to acquit rail workers who had been prosecuted for going on strike in 1986 and declared that the Penal Code should be amended to allow the right to strike. In addition, the Committee commended the State party for efforts it had made with a view to ensuring effective implementation of the right to health, particularly by establishing, throughout the country, a network of primary health-care units and centres.
The Committee noted with satisfaction that the Government had undertaken new and effective measures to introduce environment and health friendly fuel starting with the public transport systems in major cities where pollution was a grave threat to life and health. The Committee also appreciated that Egypt was host to the Arab Regional Seminar on Human Rights and Development -- held in Cairo in June 1999 -- and that, in cooperation with UNDP Egypt, a Pilot Project for Capacity Building in Human Rights had been developed, which was launched in June 1999, and which focused on the right to development. Further, the Committee appreciated the statement by the Government delegation expressing support for the Committee's statement to the Third Ministerial Conference of the World Trade Organization held in Seattle in November 1999, that international human rights obligations should be a matter of priority concern and therefore should be taken into account in trade negotiations.
In listing the subjects of concern, the Committee regretted the lack of clarity as to the legal status of the Covenant in the Egyptian domestic legal order, and expressed its grave concern about the considerable divergence in Egypt between the Constitutional provisions on the one hand and the national legislation and practice on the other, with respect to, for instance, the societal status of women in general, women's participation in political life, the provisions in criminal law with respect to adultery, and female genital mutilation (FGM). Moreover, the Committee was concerned about the divergence between law and practice with regard to the occurrence of child labour.
The Committee also expressed regret that the Government, in its negotiations with international financial institutions, did not take into account its obligations under the Covenant. It also regretted the lack of information and of reliable statistics, which had hampered its full assessment of the situation in Egypt with regard to poverty, unemployment and female genital mutilation. The Committee was particularly concerned with the absence of an officially established poverty line.
The Committee noted with concern that, although the State party had undertaken initial steps against the practice of FGM in Egypt by only criminalizing FGM outside of hospitals by persons without a medical qualification, this measure did not render the practice of FGM a criminal offence by medical practitioners. The Committee further noted with concern that the percentage of women who were victims of FGM remained alarmingly high, according to WHO statistics, which showed an estimated 97 per cent prevalence during the year 1995.
The Committee also said that although it welcomed the efforts undertaken by the State party in promoting equality of men and women through a new divorce law, it noted with concern that the new law contained provisions that may disadvantage women. In addition, the Committee noted with concern the provisions of the Nationality Law, which did not grant equal citizenship status to children of Egyptian women married to non-nationals.
The Committee was disturbed over the apparent inability of the Government to address the acute problem of unemployment in Egypt, as well as the uncertainty of workers' rights as guaranteed under article 8 of the Covenant. In particular, the Committee noted with concern that in spite of the State Security Courts' conclusion that the Penal Code should be amended to allow the right to strike, article 124 of the Penal Code continued to consider strikes as criminal offenses. In this regard, the Committee further expressed its concern about the new proposed labour law that reportedly contained articles infringing upon the rights of workers, such as provisions barring labour committees from any collective negotiating processes on behalf of workers, and provisions depriving workers of the right to strike without the approval of two-thirds of a syndicate's general assembly.
Also, the Committee was deeply concerned that Law 153 of 1999 (Law on Civil Associations and Institutions popularly called "NGO Law") did not conform to article 8 of the Covenant and contradicted article 55 of the 1971 Egyptian Constitution, which affirmed the rights of citizens to form
societies and gave the government control over the rights of NGO to manage their own activities, including seeking external funding. The Committee also noted with concern that the problem of domestic violence against women was not being sufficiently addressed and that marital rape was not criminalized.
Further, the Committee was deeply concerned over reports that children below 12 worked more than six hours daily in the agricultural sector, depriving them of their right to education. In addition, reports also claimed that children between 8 to 15 worked in cotton gins in the Nile Delta under unfavourable conditions in the workplace, and without lunch and rest breaks, and had no protection under Egyptian law, particularly with regard to work-related injuries and diseases.
The Committee regretted the insufficient information available with regards to the situation of persons with mental illnesses and disabilities, and the relevant legal regime, including safeguards against abuse and neglect.
The Committee was also concerned about the massive housing problems faced by the Egyptian population, as conceded by the delegation of Egypt, which had been exacerbated by the deregulation of rents and an acute shortage of low-cost housing. Furthermore, forced evictions without alternate housing or compensation had been occurring in poor communities like the potters' village and the "Ayn Hilwan" area in Cairo. The Committee was particularly concerned that in Cairo, cemeteries were being used for habitation by people who could not afford housing. Unofficial statistics estimated their numbers to be half a million to one million.
The Committee noted with concern that despite the achievements of Egypt in the field of education, inequality of access to education between boys and girls, high dropout rates for boys and high illiteracy rates among adults, particularly among women, continued to persist. The Committee was gravely concerned over the official censorship imposed with respect to the media as well as to literary and artistic works.
In its recommendations, the Committee urged the State party to firmly establish the legal status of the Covenant in Egyptian legal order, and to ensure that the provisions of the Covenant could be invoked before the courts. It strongly recommended that Egypt's obligations under the Covenant be taken into account in all aspects of negotiations with international financial institutions like the IMF, World Bank and the WTO to ensure that economic, social and cultural rights, particularly of the most vulnerable groups, were not undermined.
It also strongly recommended the development of an up-to-date National Plan of Action for Human Rights in Egypt in accordance with the 1993 Vienna Declaration and Programme of Action, and requested the State party to include a copy of it in its second periodic report to the Committee. In addition, it strongly urged the Government to seek assistance, including international cooperation in order to collect statistics and information necessary to formulate effective strategies to address problem areas such as unemployment, poverty, housing and forced evictions.
Further, the Committee strongly urged the State party to address the problem of FGM as a matter of high priority with a view to actively move towards the total eradication of this practice throughout the country. The Government of Egypt was encouraged to seek the technical assistance of WHO in this regard.
The Committee also recommended that the Government undertake to review the provisions of the new divorce law towards removing all provisions that discriminated against women and placed them at a disadvantage; and to revise the Nationality Law that discriminated against children born to Egyptian women married to non-nationals. Egypt was urged to criminalize marital rape and to combat this problem through information campaigns and educational programmes as part of its policy to combat domestic violence.
The Committee urged Egypt to take steps toward establishing stronger labour laws to protect children from abusive working conditions and to undertake immediate measures towards the eradication of illegal child labour. Concerning the massive housing problem confronting the Egyptian population, the Government was called upon to address it by adopting a strategy and a plan of action in order to combat the acute housing shortage and the lack of rented accommodations at reasonable prices and by building or providing low cost housing units, especially for the vulnerable and low income groups.
Regarding the situation in the Republic of the Congo, the Committee noted with satisfaction that two agreements to cease hostilities had been signed between the Government of the Congo and the various militia groups in November and December 1999, and expressed the hope that the process of national reconciliation that had been initiated would bring about political and social stability and would allow for more respect for economic, social and cultural rights in the Republic of the Congo.
The Committee commended the Government for the ratification in November 1999 of a considerable number of fundamental ILO Conventions: the Labour Inspection Convention (No. 81), Right to Organize and Collective Bargaining Convention (No. 98), Equal Remuneration Convention (No. 100), Abolition of Forced Labour Convention (No. 105), Discrimination (Employment and Occupation) Convention (No. 111), Minimum Age Convention (No. 138) and the Occupational Safety and Health Convention (No. 155).
It expressed its satisfaction regarding the return to their places of origin of the large number of the internally displaced persons and hoped that this process would continue in a peaceful manner in the future. It noted with appreciation that, at the request of the Government of the Republic of the Congo, specialized agencies, such as the Food and Agriculture Organization (FAO), the International Labour Organization (ILO), the World Health Organization (WHO), the World Bank and the International Monetary Fund (IMF), as well as the Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Development Programme (UNDP) were assisting the Republic of the Congo in addressing its innumerable problems.
The Committee expressed its deep concern regarding the abrogation of the Constitution in October 1997 by the Government of President Denis Sassou-Ngueso, resulting in a legal vacuum which had been detrimental to the enjoyment of economic, social and cultural rights by the citizens of the Republic of the Congo. The Fundamental Act, which was adopted to replace the Constitution, could not guarantee the enjoyment of economic, social and cultural rights in the Republic of the Congo. It was equally concerned about discrimination against women. Marriage and family laws overtly discriminated against women -- for instance, adultery was illegal for women but, in certain circumstances, not for men, while the Legal Code provided that 30 per cent of a deceased husband's estate went to the wife, in practice the wife often lost all rights of inheritance. Domestic violence, including rape and beatings, was widespread but rarely reported, and there were no legal provisions for punishing the offenders. Furthermore, despite the provision in Congolese legislation that endorsed the principle of equal pay for equal work, women in the formal sector were under represented and encountered discriminatory promotion patterns. Women in rural areas were especially disadvantaged in terms of education and employment conditions including wages.
With regard to ethnic minorities, a similar pattern was discerned by the Committee with dissatisfaction. The Pygmies did not enjoy equal treatment in the predominantly Bantu society. Pygmies were severely marginalized in the areas of employment, health and education, and were usually considered socially inferior. The committee was gravely concerned by the circumstances of a number of labour-related issues in the Republic of the Congo. As a result of the abrogation of the Constitution, many constitutional provisions concerning the right to work and to just and favourable conditions of work were not in effect, such as provisions prohibiting forced and bonded labour by children under the age of 16, as well as those providing for reasonable pay, paid holidays, periodic paid vacations and legal limits on allowable hours of work.
The Committee was also concerned about the negative effects of the violence, displacements of people and disruption of production and marketing activities on the food supply situation, as discerned by the Food and Agricultural Organization of the United Nations (FAO). Import requirements for the year 2000 in respect of wheat, rice and coarse grains should have amounted to approximately 140,000 tons, which accounted for 97 per cent of total consumption. The 1999 UNDP Human Development Report indicated that the daily per capita supply of calories in Congo was 2,107, which was just under the standard for counties with a low human development ratio of 2,145 calories. The proportion of the undernourished among the population had increased from 29 per cent from 1979-1981 to 34 per cent in 1995-1997.
The Committee expressed its grave concern regarding the decline of the standard of health in the Republic of the Congo. The AIDS epidemic was now taking its toll on the country, while the ongoing financial crisis had resulted in a serious shortage of funds for public health services, and for improving the water and sanitation infrastructure in urban areas. The war caused serious damage to health facilities in Brazzaville. According to a joint study of WHO and UNAIDS, some 100,000 Congolese, including over 5,000 children, were affected with the HIV virus at the beginning of 1997. More than 80,000 people were thought to have died from AIDS, with 11,000 deaths reported in 1997 alone. Some 45,000 children were said to have lost either their mother or both parents as a result of the epidemic.
In addition, the Committee was concerned that as a result of the violence and the ensuing massive displacements, epidemics of various diseases, such as cholera and diarrhoea, had occurred. Furthermore, due to the disrupted infrastructure of the country, and the interrupted ground transportation and communication channels, there was poor access by humanitarian aid organizations to displaced groups outside Brazzaville.
The education system in the Republic of Congo was a source of profound dissatisfaction to the Committee. Although the Republic of the Congo used to have a developed education system, it had seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the delegation, there was a decrease in the number of school enrollments of children, a shortage in teachers and teaching material and the school buildings were in a deplorable state.
The Committee called the State party's attention to the fact that the Covenant created a legal obligation for all States parties to submit their initial and periodic reports and that the Republic of the Congo had been in breach of this obligation for many years. It urged the Government to take appropriate measures in order to guarantee the prohibition of discrimination, and the elimination of forced or bonded labour, particularly of children under 16 years of age, as well as to guarantee conditions for the enjoyment of the right to work, such as equal pay for equal work for men and women. The Committee pointed out that these issues should be brought to the attention of the ILO, with which the Congolese Government was presently negotiating on follow-up measures concerning recent ILO Convention ratifications and on possible technical cooperation programmes.
The Committee urged the Government to address the inequalities affecting women in society, with a view to eliminating such inequalities by adopting and enforcing appropriate legislative and administrative measures. It also urged the Republic of the Congo to adopt measures in order to fully integrate Pygmies into Congolese society, so that they could fully enjoy their economic, social and cultural rights. Further, the Committee strongly urged the State party to pay immediate attention to and take action with respect to the grave health situation in its territory, with a view to restoring the basic health services, in both urban and rural areas, and to prevent and combat HIV/AIDS and other communicable diseases, such as cholera and diarrhoea. The Committee also encouraged the Government of the Republic of the Congo to work closely with WHO and UNAIDS, in its efforts to cope with the aforementioned problems.
The Committee urged the State party to pay due attention to the rehabilitation of the educational infrastructure, by allocating the necessary funds for teachers' salaries, teaching material and school repairs. It also recommended that the State party withdraw its reservation to article 13, paragraphs 3 and 4 of the Covenant.
In addition, in accordance with articles 2(1) and 23 of the International Covenant on Economic, Social and Cultural Rights, the specialized agencies were invited to supply the Committee with supplementary information and comments relevant to the status and enjoyment of economic, social and cultural rights in the Republic of the Congo.
The Committee encouraged the State party to consult with UNDP and other appropriate agencies and programmes about the availability of advisory services and technical cooperation in relation to the formulation and implementation of a coherent and comprehensive plan of action for the promotion and protection of human rights. Such a human rights plan of action should include effective mechanisms for monitoring and evaluating its realization. The Committee supported the request by the Congolese Government addressed to FAO for a Special Programme for Food Security to which end a new project formulation mission was planned in the near future to support the national team in the initial preparations. The Republic of the Congo could also take advantage of FAO's South-South Cooperation Initiative, which involved the exchange of knowledge, expertise and experience between developing countries.
Further, the Committee recommended that the Government of the Republic of the Congo avail itself of the advisory services of the Office of the United Nations High Commissioner for Human Rights, so that it may submit, as soon as possible, a comprehensive report on the implementation of the Covenant in conformity with the Committee's revised guidelines and with particular emphasis on the issues raised and concerns expressed in the present provisional concluding observations.
General Comment on the Right to the Highest Attainable Standard of Health
The general comment on article 12 of the International Covenant concerning the right to health said for millions of people throughout the world, the full enjoyment of the right to health was still a distant goal. Discussing the normative contents of Article 12, the general comment said the right to health in all its forms and at all levels contained availability, accessibility, acceptability, and quality.
The general comment reaffirmed that States parties were obligated to guarantee that the right to health would be exercised without discrimination of any kind. They also had obligations, it said, to take deliberate, concrete and targeted steps toward the full realisation of the right to health.
Addressing violations of the right to health, the general comment said it was important to distinguish the inability from the unwillingness of a State party to comply with the obligations of Article 12. If resource constraints rendered it impossible for a State to comply fully with it
Covenant obligations, it had the burden of justifying that every effort had nevertheless been made to use all available resources at its disposal, the document stated.
The general comment recognized that implementation at the national level would vary from one State to another. It pointed out, however, that the Covenant clearly imposed a duty on each State to take whatever steps were necessary to ensure that everyone had access to health facilities, goods and services so that they could enjoy, as soon as possible, the highest attainable standard of physical and mental health.
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 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 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 a 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 Ceasu (Romania), Oscar Caval (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), Maria de los Angeles Jimenez Butragueno (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchan Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sadi (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal) and Javier Wimer Zambrano (Mexico).
CESCR
22nd Session
12 May 2000
Issues Observations on Situation in Georgia, Italy, Egypt and the Republic of the Congo; Adopts General Comment on Right to Health
The Committee on Economic, Social and Cultural Rights concluded its spring session today by issuing concluding observations and recommendations on how those rights are protected in Georgia, Italy, Egypt and the Republic of the Congo, which appeared before the panel during the three-week session.
The Committee's 18 experts also adopted a general comment on the right to the highest attainable standard of health. Article 12 of the International Covenant on Economic, Social and Cultural Rights addresses the right to health.
There are 143 States parties to the International Covenant, and each is obligated to submit to the Committee periodic reports of the measures taken to implement the provisions of the treaty. Besides Georgia, Italy and Egypt, Jordan and Portugal had been scheduled to present reports. Their Governments, however, requested postponements, which were granted by the Committee. In addition, the Committee reviewed the implementation of the Covenant by the Republic of the Congo although that country had not submitted a report since ratifying the Covenant in 1984.
Addressing the situation in Georgia, the Committee noted the intention of the State party to advance human rights and to comply with international human rights norms by ratifying most of the international human rights instruments, as well as various International Labour Organization Conventions, after its independence.
It said it was concerned, however, about the grave problem of poverty with which the Government of Georgia was confronted. Despite the efforts made by the State party, the average minimum wage was still insufficient to ensure an adequate standard of living for large parts of the Georgian population.
One of the positive aspects the Committee noted about the report of Italy was the measures taken by the State party to combat organized crime. The Committee also welcomed the adoption of the immigration bill of 1998, granting one-year residence/work permits to women who turned in their exploiters, and the introduction of trafficking of migrants as a crime under the penal code.
The Committee did note with concern the statement made by the State party in its replies to the list of issues, affirmed by the delegation during its dialogue with the Committee, that only very few court rulings referred explicitly to the Covenant.
On Egypt, the Committee noted several positive aspects, including the general progress made by the Government in recent years in implementing economic, social and cultural rights. In particular, the Committee commended Egypt for the striking improvements in its educational system, as cited by UNICEF, and for its achievements towards eradicating illiteracy, for which Egypt had received an award from UNESCO.
The Committee, in listing areas of concern, noted that the percentage of women who were victims of female genital mutilation remained alarmingly high, according to WHO statistics, which showed an estimated 97 per cent prevalence during the year 1995.
Concerning the situation in the Republic of the Congo, the Committee noted with satisfaction that two agreements to cease hostilities had been signed between the Government and the various militia groups in November and December 1999, and expressed the hope that the process of national reconciliation that had been initiated would bring about political and social stability and would allow for more respect for economic, social and cultural rights.
It noted with concern, however, the discrimination against women. Marriage and family laws overtly discriminated against women. For example, adultery was illegal for women but, in certain circumstances, not for men.
During the session, the Committee also adopted a general comment on the right to the highest attainable standard of health. The comprehensive 49-paragraph document was divided into normative contents, States parties' obligations, violations, implementation at the national level and obligations of actors other than States parties. The general comment was designed to assist States parties' implementation of the International Covenant on Economic, Social and Cultural Rights, and to help with the fulfilment of their reporting obligations.
In the general comment, the Committee reaffirmed that States parties were obligated to guarantee that the right to health would be exercised without discrimination of any kind. They also had obligations, it said, to take deliberate, concrete and targeted steps toward the full realisation of the right to health. It also said it was important to distinguish the inability from the unwillingness of a State party to comply with the obligations of Article 12. If resource constraints rendered it impossible for a State to comply fully with it Covenant obligations, it had the burden of justifying that every effort had nevertheless been made to use all available resources at its disposal, the document stated.
The Committee's next session will be held from 14 August to 1 September 2000. During that meeting, the Committee will consider reports from Jordan, Honduras, Mongolia, Kyrgyzstan, Belgium, Australia and Sudan.
Conclusions and Recommendations
Among the positive aspects the Committee cited in the report of Georgia was the intention of the State party to advance human rights, and to comply with international human rights norms, by ratifying most of the international human rights instruments, as well as various ILO Conventions, after its independence. In addition, the Committee acknowledged the efforts made by the Government of Georgia with a view to implementing the rights set forth in the International Covenant on Economic, Social and Cultural Rights. The Committee took note, in particular, of the statement by the delegation that the Government of Georgia intended to ratify ILO Conventions 102 and 118, dealing with the issues of social protection of workers.
The Committee noted with satisfaction that the Government of Georgia was willing to cooperate with various international organizations, such as UNDP, ILO, WHO, the World Bank and IMF, as well as with regional organizations such as the OSCE, in order to realize the rights set forth in the Covenant, and in particular, to address the problem of poverty. The Committee also welcomed the fact that the State party has created governmental bodies which are concerned with the issue of human rights, such as the National Ombudsman.
Addressing subjects of concern, the Committee said it was concerned about the grave problem of poverty with which the Government of Georgia was confronted. Despite the efforts made by the State party, the average minimum wage was still insufficient to ensure an adequate standard of living for large parts of the Georgian population. In addition, the Committee was concerned about the inadequacy of certain measures being taken to combat poverty. With regard to activities aimed at poverty reduction, there seemed to be a lack of effective management in the policy-making and implementation phases, particularly with regard to the processes of pension reforms and the taxation system. A lack of clearly established guiding parameters and indicators was detrimental to the transition process.
Generally, the Committee noted that the statistical data provided by the State party were insufficiently reliable to allow for a clear analysis and evaluation of the various problems it was addressing, such as the level of poverty in the country, and the determination of the actual minimum subsistence level and the real poverty line. The lack of statistics on budget transformation from central government to local government for education and health, the Committee said, made it impossible to have a clear view of the progress made or retrogressive steps taken in these fields.
The Committee also noted with concern the fact that workers in various sectors of the Georgian economy had not been paid their wages in time, and the fact that there were no legislative provisions requiring the accessibility to the labour market for disabled persons. Further, the Committee noted that women suffered more than men from unemployment, and that they were under represented in the labour force, especially in public service and in Parliament. In addition, the Committee was concerned that the National Plan of Action, which aimed to eliminate the inequalities faced by women in economic and social spheres, had not yet been implemented by the State party.
It also noted with concern that the laws addressing violence against women and sexual harassment at the workplace were inadequate and insufficient, and the number of children begging in the streets was on the increase and many of them were drawn by adults into various types of criminal activities.
The Committee regretted that given the insufficient data provided by the State party on the housing situation, as well as the occurrence of forced evictions in Georgia, it was impossible to form a clear and comprehensive view on the matter. In addition, the Committee deplored that no satisfactory problem had been found for the problems concerning internally displaced persons. The Committee also noted with concern that there was limited knowledge among the general public with regard to reproductive health issues in general, and particularly with regard to the availability and use of contraceptives. And with regard to education, the Committee noted with concern that in the new secondary school curriculum, there appeared to be an imbalance between the amount of time devoted to military training and fundamentals of justice.
The Committee suggested that the State party take into account the obligations ensuing from the International Covenant on Economic, Social and Cultural Rights, as well as the recommendations contained in the present concluding observations. It recommended that the State party continue to seek international technical assistance, as provided for in Article 23 of the Covenant, in its efforts to improve the implementation of economic, social and cultural rights in the country. In addition, the Committee recommended that the State party ensure its international human rights obligations were taken fully into account when it entered into technical cooperation and other arrangements with international organizations. Also, the Committee urged the State party to take into account the different approaches taken by the different organizations, such as the human development approach of UNDP.
The Committee supported the suggestion in the UNDP 1999 Human Development Report on Georgia that the poverty threshold level not be changed in accordance with proposals received by the State party, as this would have incorrectly reflected the poverty situation in the country. In this respect, the Committee urged the State party to take adequate measures in order to ensure that the minimum wage was sufficient to meet the basic needs of the wage earner and the family. The Committee also recommended that the State party take remedial action in order to ensure that workers in various sectors of the Georgian economy were paid their wages in time, and that the State party adopted relevant legislation to ensure enhanced accessibility of disabled persons to the labour market.
With recognition of the limited resources available to the State party, the Committee suggested that measures be taken to concentrate their use on major priorities, such as measures to address the existing inequality between men and women in public service, and the formulation of a National Plan of Action on Human Rights. In this respect, the Committee pointed out that international technical assistance could be requested with regard to such activities from the Office of the High Commissioner for Human Rights and UNDP. The Committee also urged the State party to start implementing gradually the National Plan of Action with regard to women. In addition, the Committee strongly recommended that the State party take effective measures to combat violence against women, including by adopting appropriate legislation to that effect.
The Committee urged Georgia to treat with more concern the growing number of street-beggar children and to take the appropriate measures to solve the problem. It also recommended that the State party take measures to create conditions allowing internally displaced persons to return to their places of origin. In addition, the Committee recommended that the State party undertake steps to improve the awareness and knowledge of the public concerning reproductive health issues. In this regard, the Government could seek the advice and assistance of international organizations, such as WHO, UNAIDS and UNFPA.
With regard to the secondary school curriculum, the Committee recommended that the State party strike an appropriate balance between the school time devoted to military training and the time devoted to civic education, including the fundamentals of justice. The Committee also requested that the State party include in its second periodic report on the implementation of the Covenant all available information on any measures taken and progress made, particularly with regard to the suggestions and recommendations by the Committee in the present concluding observations.
The Committee noted several positive aspects in the report of Italy, including the measures taken by the State party to combat organized crime. The Committee also welcomed the adoption of the immigration bill of 1998, granting one-year residence/work permits to women who turned in their exploiters, and the introduction of trafficking of migrants as a crime under the penal code. It also noted with appreciation the approval of the Texto Unico 286/98, which gave foreigners regularly present on the national territory equal standing with Italian citizens regarding access to residential and public housing, and easy-term credits for the purpose of building, acquisition and renting of the first home.
The Committee noted with appreciation the approval of a law which recognised the right of the father, formerly only recognised for the mother, to take leave from work to care for the child during early infancy. With regard to the problem of domestic violence against women, the Committee welcomed the approval of a law qualifying sexual violence as a crime punishable by imprisonment.
The Committee said it regretted the fact that some replies to the list of issues were insufficient, and that some verbal replies during the dialogue were too vague and general. It noted with concern the statement made by the State party in its replies to the list of issues, affirmed by the delegation during its dialogue with the Committee, that only very few court rulings referred explicitly to the Covenant. The Committee noted with concern that a large number of the Roma population lived in camps lacking basic sanitary facilities on the outskirts of major Italian cities. The Roma population on the whole lived below the poverty line and was discriminated against, especially in the workplace, if and when they found work, and in the housing sector. Life in the camps had a major negative impact on the Roma children, many of whom abandoned primary and secondary schooling in order to look after their younger siblings or to go out begging in the streets in order to help increase their family income.
It drew the attention of the State party to the concern expressed by the ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) regarding the transfer to local health units of the functions of the labour inspectorate with regard to prevention and occupational safety and health. The Committee was concerned that such transfers could create a problem of coordination. The Committee also regretted that the delegation did not answer the question put to it on this matter.
The Committee was also alarmed by the high rate of accidents in the workplace, and drew the attention of the State party to the concern expressed by the ILO CEACR which had repeatedly drawn the Government's attention to the need to adopt legal regulations and policies which ensured the prevention of accidents in the workplace, particularly in all ports. The Committee regretted the insufficiency of the information provided by the State party concerning the social security system, especially considering that the Committee's previous concluding observations on Italy had signalled a lack of information on article 9 in the State party's second periodic report.
While commending the State party regarding the efforts taken to combat violence against women, the Committee remained concerned that the Government had not yet devised a comprehensive, coordinated and concerted strategy to address this serious problem. While also commending the State party on the many initiatives taken to combat organized crime, the Committee remained concerned by the extent of the phenomenon of trafficking of women and children, sexual abuse of minors and child pornography in Italy.
It noted with concern that there were still substantial economic and social inequalities between the northern and southern parts of the country, which impacted negatively on the situation of women, young people, children and the disadvantaged and marginalised groups. It also regretfully noted that in Italy, asylum-seekers had access to subsidised health care only in emergency situations. The Committee pointed out that this policy was not in compliance with the provisions of the Covenant.
With respect to education, the Committee noted with concern the high rate of young people dropping out of secondary education. In addition, the Committee was concerned about the phenomenon of functional illiteracy. The Committee regretted not having had a clear answer to its question on this issue during the dialogue. And the Committee was concerned about the controversial proposal to give private schools a certain amount of public funding, as contained in the State party school education reform programme.
The Committee encouraged the Government of Italy, as a member of international organizations, in particular the International Monetary Fund and the World Bank, to do all it could to ensure that the policies and decisions of the organizations were in conformity with the obligations of States parties to the Covenant, in particular the obligations contained in article 2 (1) concerning international assistance and cooperation. It also recommended that the State party organize briefings for judges to familiarise them with the provisions of the Covenant and the general comments adopted by the Committee, and that the State party ratify the 1961 Convention on the Reduction of Statelessness.
Further, the Committee recommended that the State party step up its efforts to improve the situation of the Roma population by replacing camps with low-cost houses; by legalising the status of Roma immigrants; by setting up employment and educational programmes for parents; by giving support to those Roma families with children at school; by providing better education for Roma children; and by strengthening and implementing anti-discrimination legislation, especially in the employment and housing sectors.
The Committee called upon the State party to implement the recommendations made by the ILO CEACR concerning the decentralisation of labour inspections. The Committee would appreciate, in the next periodic report, detailed information about the system of inspections. It also called upon the State party to take effective measures to ensure that workers enjoyed safe working conditions. In particular, the Committee recommended that the State party adopt measures, including legislation, which ensured the prevention of accidents, particularly in all ports, and ratify ILO Convention 152 on Occupational Safety and Health (Dock Workers) of 1979. The Committee also recommended that the State party ratify ILO Convention 174 on Prevention of Major Industrial Accidents of 1993, and ILO Convention 175 on Part-time Work of 1994. It encouraged Italy to ratify, as it had planned, ILO Convention 159 on Vocational Rehabilitation and Employment (disabled persons) of 1983. The Committee said it would appreciate information from the Ministry of Labour in the next periodic report on the number of cases raised under the legislation in force on disability.
The Committee recommended that the State party devise a national strategy to combat violence against women, the elements of which should include data collection, enactment of relevant legislation, training courses for and sensitising of the police forces and the judiciary, establishment of refuges for battered women and awareness-raising campaigns. In addition, the Committee recommended that the State party devise a comprehensive, coordinated and concerted national strategy to combat the trafficking in women and children, and sexual abuse of minors and child pornography by organized crime.
It also recommended that the State party should seriously address the persistent problem of economic and social disparities existing between the northern and southern parts of Italy, which had a negative effect on the situation of women, young persons, children and the disadvantaged and marginalised groups. Further, it recommended that the State party step up its efforts to assist those living under the poverty line, the majority of whom were women.
It invited Italy to address, in its next periodic report, the issue of the privatisation of the costs of medication and the measures the State party was taking to combat the negative effects this might have on the health of vulnerable groups. The Committee requested more information about the results of the latest completed National Health Plan, especially with regard to older persons and other vulnerable groups. In addition, the Committee urged Italy to extend, without discrimination, the subsidised health care system to asylum-seekers, as well as recommending the Government draw up a national strategy and plan of action to address the significant problems relating to school drop-outs and youth unemployment.
The Committee noted several positive aspects in the report of Egypt, including the general progress made by the Government in recent years in implementing economic, social and cultural rights. In particular, the Committee commended Egypt for the striking improvements in its educational system, as cited by UNICEF, and for its achievements towards eradicating illiteracy, for which Egypt had received an award from UNESCO. The Committee noted with appreciation the State party's recent efforts with regard to the protection of women's human rights, such as the adoption of a new divorce law improving the position of women.
It also welcomed the stand taken by the Constitutional Court of Egypt, which invoked the provisions of the Covenant to acquit rail workers who had been prosecuted for going on strike in 1986 and declared that the Penal Code should be amended to allow the right to strike. In addition, the Committee commended the State party for efforts it had made with a view to ensuring effective implementation of the right to health, particularly by establishing, throughout the country, a network of primary health-care units and centres.
The Committee noted with satisfaction that the Government had undertaken new and effective measures to introduce environment and health friendly fuel starting with the public transport systems in major cities where pollution was a grave threat to life and health. The Committee also appreciated that Egypt was host to the Arab Regional Seminar on Human Rights and Development -- held in Cairo in June 1999 -- and that, in cooperation with UNDP Egypt, a Pilot Project for Capacity Building in Human Rights had been developed, which was launched in June 1999, and which focused on the right to development. Further, the Committee appreciated the statement by the Government delegation expressing support for the Committee's statement to the Third Ministerial Conference of the World Trade Organization held in Seattle in November 1999, that international human rights obligations should be a matter of priority concern and therefore should be taken into account in trade negotiations.
In listing the subjects of concern, the Committee regretted the lack of clarity as to the legal status of the Covenant in the Egyptian domestic legal order, and expressed its grave concern about the considerable divergence in Egypt between the Constitutional provisions on the one hand and the national legislation and practice on the other, with respect to, for instance, the societal status of women in general, women's participation in political life, the provisions in criminal law with respect to adultery, and female genital mutilation (FGM). Moreover, the Committee was concerned about the divergence between law and practice with regard to the occurrence of child labour.
The Committee also expressed regret that the Government, in its negotiations with international financial institutions, did not take into account its obligations under the Covenant. It also regretted the lack of information and of reliable statistics, which had hampered its full assessment of the situation in Egypt with regard to poverty, unemployment and female genital mutilation. The Committee was particularly concerned with the absence of an officially established poverty line.
The Committee noted with concern that, although the State party had undertaken initial steps against the practice of FGM in Egypt by only criminalizing FGM outside of hospitals by persons without a medical qualification, this measure did not render the practice of FGM a criminal offence by medical practitioners. The Committee further noted with concern that the percentage of women who were victims of FGM remained alarmingly high, according to WHO statistics, which showed an estimated 97 per cent prevalence during the year 1995.
The Committee also said that although it welcomed the efforts undertaken by the State party in promoting equality of men and women through a new divorce law, it noted with concern that the new law contained provisions that may disadvantage women. In addition, the Committee noted with concern the provisions of the Nationality Law, which did not grant equal citizenship status to children of Egyptian women married to non-nationals.
The Committee was disturbed over the apparent inability of the Government to address the acute problem of unemployment in Egypt, as well as the uncertainty of workers' rights as guaranteed under article 8 of the Covenant. In particular, the Committee noted with concern that in spite of the State Security Courts' conclusion that the Penal Code should be amended to allow the right to strike, article 124 of the Penal Code continued to consider strikes as criminal offenses. In this regard, the Committee further expressed its concern about the new proposed labour law that reportedly contained articles infringing upon the rights of workers, such as provisions barring labour committees from any collective negotiating processes on behalf of workers, and provisions depriving workers of the right to strike without the approval of two-thirds of a syndicate's general assembly.
Also, the Committee was deeply concerned that Law 153 of 1999 (Law on Civil Associations and Institutions popularly called "NGO Law") did not conform to article 8 of the Covenant and contradicted article 55 of the 1971 Egyptian Constitution, which affirmed the rights of citizens to form
societies and gave the government control over the rights of NGO to manage their own activities, including seeking external funding. The Committee also noted with concern that the problem of domestic violence against women was not being sufficiently addressed and that marital rape was not criminalized.
Further, the Committee was deeply concerned over reports that children below 12 worked more than six hours daily in the agricultural sector, depriving them of their right to education. In addition, reports also claimed that children between 8 to 15 worked in cotton gins in the Nile Delta under unfavourable conditions in the workplace, and without lunch and rest breaks, and had no protection under Egyptian law, particularly with regard to work-related injuries and diseases.
The Committee regretted the insufficient information available with regards to the situation of persons with mental illnesses and disabilities, and the relevant legal regime, including safeguards against abuse and neglect.
The Committee was also concerned about the massive housing problems faced by the Egyptian population, as conceded by the delegation of Egypt, which had been exacerbated by the deregulation of rents and an acute shortage of low-cost housing. Furthermore, forced evictions without alternate housing or compensation had been occurring in poor communities like the potters' village and the "Ayn Hilwan" area in Cairo. The Committee was particularly concerned that in Cairo, cemeteries were being used for habitation by people who could not afford housing. Unofficial statistics estimated their numbers to be half a million to one million.
The Committee noted with concern that despite the achievements of Egypt in the field of education, inequality of access to education between boys and girls, high dropout rates for boys and high illiteracy rates among adults, particularly among women, continued to persist. The Committee was gravely concerned over the official censorship imposed with respect to the media as well as to literary and artistic works.
In its recommendations, the Committee urged the State party to firmly establish the legal status of the Covenant in Egyptian legal order, and to ensure that the provisions of the Covenant could be invoked before the courts. It strongly recommended that Egypt's obligations under the Covenant be taken into account in all aspects of negotiations with international financial institutions like the IMF, World Bank and the WTO to ensure that economic, social and cultural rights, particularly of the most vulnerable groups, were not undermined.
It also strongly recommended the development of an up-to-date National Plan of Action for Human Rights in Egypt in accordance with the 1993 Vienna Declaration and Programme of Action, and requested the State party to include a copy of it in its second periodic report to the Committee. In addition, it strongly urged the Government to seek assistance, including international cooperation in order to collect statistics and information necessary to formulate effective strategies to address problem areas such as unemployment, poverty, housing and forced evictions.
Further, the Committee strongly urged the State party to address the problem of FGM as a matter of high priority with a view to actively move towards the total eradication of this practice throughout the country. The Government of Egypt was encouraged to seek the technical assistance of WHO in this regard.
The Committee also recommended that the Government undertake to review the provisions of the new divorce law towards removing all provisions that discriminated against women and placed them at a disadvantage; and to revise the Nationality Law that discriminated against children born to Egyptian women married to non-nationals. Egypt was urged to criminalize marital rape and to combat this problem through information campaigns and educational programmes as part of its policy to combat domestic violence.
The Committee urged Egypt to take steps toward establishing stronger labour laws to protect children from abusive working conditions and to undertake immediate measures towards the eradication of illegal child labour. Concerning the massive housing problem confronting the Egyptian population, the Government was called upon to address it by adopting a strategy and a plan of action in order to combat the acute housing shortage and the lack of rented accommodations at reasonable prices and by building or providing low cost housing units, especially for the vulnerable and low income groups.
Regarding the situation in the Republic of the Congo, the Committee noted with satisfaction that two agreements to cease hostilities had been signed between the Government of the Congo and the various militia groups in November and December 1999, and expressed the hope that the process of national reconciliation that had been initiated would bring about political and social stability and would allow for more respect for economic, social and cultural rights in the Republic of the Congo.
The Committee commended the Government for the ratification in November 1999 of a considerable number of fundamental ILO Conventions: the Labour Inspection Convention (No. 81), Right to Organize and Collective Bargaining Convention (No. 98), Equal Remuneration Convention (No. 100), Abolition of Forced Labour Convention (No. 105), Discrimination (Employment and Occupation) Convention (No. 111), Minimum Age Convention (No. 138) and the Occupational Safety and Health Convention (No. 155).
It expressed its satisfaction regarding the return to their places of origin of the large number of the internally displaced persons and hoped that this process would continue in a peaceful manner in the future. It noted with appreciation that, at the request of the Government of the Republic of the Congo, specialized agencies, such as the Food and Agriculture Organization (FAO), the International Labour Organization (ILO), the World Health Organization (WHO), the World Bank and the International Monetary Fund (IMF), as well as the Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Development Programme (UNDP) were assisting the Republic of the Congo in addressing its innumerable problems.
The Committee expressed its deep concern regarding the abrogation of the Constitution in October 1997 by the Government of President Denis Sassou-Ngueso, resulting in a legal vacuum which had been detrimental to the enjoyment of economic, social and cultural rights by the citizens of the Republic of the Congo. The Fundamental Act, which was adopted to replace the Constitution, could not guarantee the enjoyment of economic, social and cultural rights in the Republic of the Congo. It was equally concerned about discrimination against women. Marriage and family laws overtly discriminated against women -- for instance, adultery was illegal for women but, in certain circumstances, not for men, while the Legal Code provided that 30 per cent of a deceased husband's estate went to the wife, in practice the wife often lost all rights of inheritance. Domestic violence, including rape and beatings, was widespread but rarely reported, and there were no legal provisions for punishing the offenders. Furthermore, despite the provision in Congolese legislation that endorsed the principle of equal pay for equal work, women in the formal sector were under represented and encountered discriminatory promotion patterns. Women in rural areas were especially disadvantaged in terms of education and employment conditions including wages.
With regard to ethnic minorities, a similar pattern was discerned by the Committee with dissatisfaction. The Pygmies did not enjoy equal treatment in the predominantly Bantu society. Pygmies were severely marginalized in the areas of employment, health and education, and were usually considered socially inferior. The committee was gravely concerned by the circumstances of a number of labour-related issues in the Republic of the Congo. As a result of the abrogation of the Constitution, many constitutional provisions concerning the right to work and to just and favourable conditions of work were not in effect, such as provisions prohibiting forced and bonded labour by children under the age of 16, as well as those providing for reasonable pay, paid holidays, periodic paid vacations and legal limits on allowable hours of work.
The Committee was also concerned about the negative effects of the violence, displacements of people and disruption of production and marketing activities on the food supply situation, as discerned by the Food and Agricultural Organization of the United Nations (FAO). Import requirements for the year 2000 in respect of wheat, rice and coarse grains should have amounted to approximately 140,000 tons, which accounted for 97 per cent of total consumption. The 1999 UNDP Human Development Report indicated that the daily per capita supply of calories in Congo was 2,107, which was just under the standard for counties with a low human development ratio of 2,145 calories. The proportion of the undernourished among the population had increased from 29 per cent from 1979-1981 to 34 per cent in 1995-1997.
The Committee expressed its grave concern regarding the decline of the standard of health in the Republic of the Congo. The AIDS epidemic was now taking its toll on the country, while the ongoing financial crisis had resulted in a serious shortage of funds for public health services, and for improving the water and sanitation infrastructure in urban areas. The war caused serious damage to health facilities in Brazzaville. According to a joint study of WHO and UNAIDS, some 100,000 Congolese, including over 5,000 children, were affected with the HIV virus at the beginning of 1997. More than 80,000 people were thought to have died from AIDS, with 11,000 deaths reported in 1997 alone. Some 45,000 children were said to have lost either their mother or both parents as a result of the epidemic.
In addition, the Committee was concerned that as a result of the violence and the ensuing massive displacements, epidemics of various diseases, such as cholera and diarrhoea, had occurred. Furthermore, due to the disrupted infrastructure of the country, and the interrupted ground transportation and communication channels, there was poor access by humanitarian aid organizations to displaced groups outside Brazzaville.
The education system in the Republic of Congo was a source of profound dissatisfaction to the Committee. Although the Republic of the Congo used to have a developed education system, it had seriously deteriorated as a result of economic mismanagement, the shortage of resources and political unrest. According to the delegation, there was a decrease in the number of school enrollments of children, a shortage in teachers and teaching material and the school buildings were in a deplorable state.
The Committee called the State party's attention to the fact that the Covenant created a legal obligation for all States parties to submit their initial and periodic reports and that the Republic of the Congo had been in breach of this obligation for many years. It urged the Government to take appropriate measures in order to guarantee the prohibition of discrimination, and the elimination of forced or bonded labour, particularly of children under 16 years of age, as well as to guarantee conditions for the enjoyment of the right to work, such as equal pay for equal work for men and women. The Committee pointed out that these issues should be brought to the attention of the ILO, with which the Congolese Government was presently negotiating on follow-up measures concerning recent ILO Convention ratifications and on possible technical cooperation programmes.
The Committee urged the Government to address the inequalities affecting women in society, with a view to eliminating such inequalities by adopting and enforcing appropriate legislative and administrative measures. It also urged the Republic of the Congo to adopt measures in order to fully integrate Pygmies into Congolese society, so that they could fully enjoy their economic, social and cultural rights. Further, the Committee strongly urged the State party to pay immediate attention to and take action with respect to the grave health situation in its territory, with a view to restoring the basic health services, in both urban and rural areas, and to prevent and combat HIV/AIDS and other communicable diseases, such as cholera and diarrhoea. The Committee also encouraged the Government of the Republic of the Congo to work closely with WHO and UNAIDS, in its efforts to cope with the aforementioned problems.
The Committee urged the State party to pay due attention to the rehabilitation of the educational infrastructure, by allocating the necessary funds for teachers' salaries, teaching material and school repairs. It also recommended that the State party withdraw its reservation to article 13, paragraphs 3 and 4 of the Covenant.
In addition, in accordance with articles 2(1) and 23 of the International Covenant on Economic, Social and Cultural Rights, the specialized agencies were invited to supply the Committee with supplementary information and comments relevant to the status and enjoyment of economic, social and cultural rights in the Republic of the Congo.
The Committee encouraged the State party to consult with UNDP and other appropriate agencies and programmes about the availability of advisory services and technical cooperation in relation to the formulation and implementation of a coherent and comprehensive plan of action for the promotion and protection of human rights. Such a human rights plan of action should include effective mechanisms for monitoring and evaluating its realization. The Committee supported the request by the Congolese Government addressed to FAO for a Special Programme for Food Security to which end a new project formulation mission was planned in the near future to support the national team in the initial preparations. The Republic of the Congo could also take advantage of FAO's South-South Cooperation Initiative, which involved the exchange of knowledge, expertise and experience between developing countries.
Further, the Committee recommended that the Government of the Republic of the Congo avail itself of the advisory services of the Office of the United Nations High Commissioner for Human Rights, so that it may submit, as soon as possible, a comprehensive report on the implementation of the Covenant in conformity with the Committee's revised guidelines and with particular emphasis on the issues raised and concerns expressed in the present provisional concluding observations.
General Comment on the Right to the Highest Attainable Standard of Health
The general comment on article 12 of the International Covenant concerning the right to health said for millions of people throughout the world, the full enjoyment of the right to health was still a distant goal. Discussing the normative contents of Article 12, the general comment said the right to health in all its forms and at all levels contained availability, accessibility, acceptability, and quality.
The general comment reaffirmed that States parties were obligated to guarantee that the right to health would be exercised without discrimination of any kind. They also had obligations, it said, to take deliberate, concrete and targeted steps toward the full realisation of the right to health.
Addressing violations of the right to health, the general comment said it was important to distinguish the inability from the unwillingness of a State party to comply with the obligations of Article 12. If resource constraints rendered it impossible for a State to comply fully with it
Covenant obligations, it had the burden of justifying that every effort had nevertheless been made to use all available resources at its disposal, the document stated.
The general comment recognized that implementation at the national level would vary from one State to another. It pointed out, however, that the Covenant clearly imposed a duty on each State to take whatever steps were necessary to ensure that everyone had access to health facilities, goods and services so that they could enjoy, as soon as possible, the highest attainable standard of physical and mental health.
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 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 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 a 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 Ceasu (Romania), Oscar Caval (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), Maria de los Angeles Jimenez Butragueno (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchan Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sadi (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal) and Javier Wimer Zambrano (Mexico).