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03 December 1999
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HR/ESC/99/48
3 December 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
CONCLUDES AUTUMN SESSION
Issues Observations on Situation in Bulgaria, Argentina, Armenia,Cameroon and Mexico; Issues General Comment on Rightto Education and Statement to World Trade Organization
The Committee on Economic, Social and Cultural Rights concluded its autumn session today by issuing its concluding observations on the situation in the five countries which it considered over the past three weeks.
Bulgaria, Argentina, Armenia, Cameroon and Mexico presented reports to the Committee in keeping with their obligations as States parties to the International Covenant on Economic, Social and Cultural Rights. The situation in the Solomon Islands was reconsidered in the absence of a report because the State party has not submitted one since ratifying the treaty. The Covenant has 142 States parties and the Committee has been charged with monitoring its implementation since it was created in 1985.
The Committee's 18 experts acknowledged the negative effects of the armed conflict in the Balkans on the Bulgarian economy, especially the destruction and blockage of trade routes and the disruption of navigation on the Danube. The Committee, however, was deeply concerned that despite the efforts of the State party to improve the situation of the population, there was still an alarmingly high level of poverty in Bulgaria. The Committee welcomed the extensive efforts made by the State party to comply with its obligations despite the difficulties of the transition period.
The Committee called upon the Government of Argentina to take steps to guarantee equality in law and in practice between men and women in the enjoyment of economic, social and cultural rights. It also urged the Government to ensure that its social security system guaranteed workers an adequate minimum pension, which should not be unilaterally reduced nor deferred, especially in times of economic constraints. It noted as a positive aspect that the Constitution provided for the restitution to the indigenous peoples of some of their traditional lands.
The Committee was concerned about the slow and complicated process required in Armenia for the adoption of new legislation which aimed to give effect to economic, social and cultural rights in accordance with the State party's obligations under the Covenant. It was also concerned about the fact that despite equality between men and women before the law, there were still discrepancies, in practice, in the enjoyment of economic, social and cultural rights between men and women. It cited among positive aspects the willingness and efforts of the State party to comply with its obligations under the International Covenant.
The Committee deplored the inadequacy of measures taken by the Government of Cameroon to combat, especially by means of educational programmes, the enduring practice of female genital mutilation, which was generally practised on young women and girls in the far north and southwest provinces of Cameroon. The Committee also deplored the lack of progress made by the Government in combatting the practice of polygamy, the forced early marriage of girls and discriminatory laws which prevented women from inheriting land. Committee members welcomed the establishment of a Ministry of Women's Affairs in 1997 with a special mandate to eliminate all forms of discrimination against women and to promote equality of women in all spheres of Cameroonian society.
The Committee was alarmed at the high rate of domestic violence, in particular the domestic violence against women in Mexico; it was also deeply concerned about the growth in the number of street children, despite the efforts of the Government to tackle the problem; and it was particularly concerned about the extensive presence of military and paramilitary elements within the indigenous community of Chiapas and other states in the region. Committee members welcomed the State partyÿs improved macro-economic performance, particularly the reduction of foreign debt, the decrease in inflation and the growth of export capacity, all of which created an environment conducive to a more effective implementation of the rights enshrined in the International Covenant.
And concerning the Solomon Islands, the Committee reconsidered the situation regarding the state of implementation of the International Covenant in the absence of reports from that State party; it acknowledged with appreciation the willingness of the Government of Solomon Islands to cooperate with the Committee and encouraged it to finalize as soon as possible the drafting of its initial report on the implementation of the International Covenant and submit it to the Committee for its consideration.
In the course of its current session, the Committee also adopted a general comment on the right to education. It noted that education was both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education was the primary vehicle by which economically and socially marginalized adults and children could lift themselves out of poverty and obtain the means to participate fully in their communities.
The general comment stated that education played a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education was recognized as one of the best financial investments available to States, but the importance of education was more than just practical and instrumental.
The Committee also adopted a statement to the attention of the World Trade Organization meeting in Seattle, United States, urging the World Trade Organization (WTO) to undertake a review of the full range of international trade and investment policies and rules to ensure that they were consistent with existing treaties, legislation and policies designed to protect and promote human rights. Such a review should address as a matter of highest priority the impact of the organization’s policies on the most vulnerable sectors of society as well as on the environment.
The Committee's next session will be held from 24 April 12 May 2000. At that meeting, the Committee is expected to examine reports from Georgia, Italy, Portugal, Egypt, Jordan and the Republic of the Congo.
Conclusions and recommendations on country reports
Among positive aspects cited in the report of Bulgaria were the extensive efforts made by the State party to comply with its obligations under the International Covenant despite the difficulties of the transition period. The Committee noted with appreciation the ongoing consideration of the establishment of an Ombudsman's office in Bulgaria, and encouraged the State party to proceed as speedily as possible towards the creation of the post. It welcomed the readiness of Bulgaria to favourably consider adopting an optional protocol to the International Covenant. It also noted with satisfaction that despite the privatization of health services, medicine would continue to be distributed free of charge to the disadvantaged groups of society, and that mental health services would remain public.
The Committee acknowledged the negative effects of the armed conflict in the Balkans on the Bulgarian economy, especially the destruction and blockage of trade routes and the disruption of navigation on the Danube. It took note of the information supplied by the delegation that the financial stringencies related to structural adjustment programmes undertaken by Bulgaria in agreement with international financial institutions had negatively affected the ability of Bulgaria to comply with its obligations under the International Covenant.
Among principal issues of concern, the Committee was deeply concerned that despite the efforts of the State party to improve the situation of the population, there was still an alarmingly high level of poverty in Bulgaria, and a general deterioration of the social protection of the population continued, especially among the vulnerable groups. The Committee deplored the discrimination against the Roma minority in many aspects of life, including education, work, social benefits and access to land. The Committee was especially concerned about the high rate of unemployment among the Roma minority and the poor quality of education afforded to that group.
The Committee noted with regret that despite the Government's efforts to combat unemployment, success had not been achieved in that regard. It deplored the situation where those who were employed received salaries which did not allow them to secure for themselves and their families an adequate standard of living. It regretted that there was no legal prohibition of dismissal from employment on grounds of pregnancy. The Committee also regretted that the State party had not accorded sufficient attention to the well-being of older persons, nor had it made an effort to guarantee to them a dignified life.
The Committee deplored the deterioration of the housing situation in Bulgaria and regretted that only ineffective measures had been taken by the State party to alleviate the overcrowding and the generally poor conditions in housing that was available. It further regretted the lack of opportunities for minorities to receive education in their own language. It was also concerned that the fees introduced in higher education might represent a serious obstacle for disadvantaged groups of society seeking such an education.
Bulgaria was recommended to seek the technical cooperation and assistance of the Office of the United Nations High Commissioner for Human Rights with a view to establishing a national human rights institution in conformity with the 1991 Paris Principles relating to the Status and Functioning of National Institutions for the Protection and Promotion of Human Rights. It also recommended that the State party evaluate the economic reform programmes with respect to their impact on poverty, and make efforts to adjust those programmes in such a way that they adequately responded to the current social needs of the population.
The Committee recommended that the necessary measures be taken to allow for the full exercise of the right to strike. It called on the State party to continue its efforts to integrate ethnic minorities into society, and to undertake measures to provide the opportunity for such minorities to be educated in their own language. It recommended that a plan of action be established to improve the housing situation; that measures be taken to alleviate the situation of asylum seekers and refugees, such as the adoption of a new law on refugees and the construction of a new centre for asylum seekers; and that the State party fully implement the law reforms, and ensure that there was an improvement in the situation of refugees detained at the international airport in Sofia.
The Committee noted several positive aspects in the report of Argentina, including the rights provided in the Constitution for the restitution to the indigenous peoples of some of their traditional lands. It further welcomed the restitution of large tracts of traditional lands. It also noted with satisfaction the adoption of the Emergency Plan (Plan de Emergencia) that aimed to help those living below the poverty level.
The Committee noted with satisfaction the success of the Government's health programme which had found a cure for the "mal de Chagas" as had been recognized by the World Health Organization
Listed among causes of concern were the situation of the six Mapuche indigenous communities which, despite having obtained the legal recognition of their rights over some of their traditional lands in the Pulmari area, had not yet received the property deeds of these islands. It was also concerned about International Labour Organization (ILO) Convention 169, relating to indigenous populations, the ratification of which was authorised by the National Congress in 1989, and had yet to take place.
Further, the Committee was concerned about the very high unemployment rate in Argentina (almost 15 per cent) and in particular about the large number of the new poor (Nuevos pobres), those, who traditionally belonged to the middle classes. It was also concerned that unemployment benefits only reached some 6 per cent of the unemployed population and excluded some categories of workers, such as rural domestic and construction workers and public employees.
The Committee noted with concern that various de facto discriminatory practices against women existed, particularly in the areas of employment and equal pay. The extent of the Government's privatization of the pension programme was also of concern to the Committee. It was also concerned about the housing deficit in Argentina and that the initiatives taken by the Government had not been adequate in that regard.
It was also concerned about the health of pregnant women, in particular with the relatively high maternal mortality rate, and the high adolescent pregnancy figures; and about the increasing incidence of violence against women, in particular domestic violence.
The Committee recommended, among other things, that the State party ratify ILO Convention 169 on indigenous peoples, and that it find a solution that would satisfy the rights of the Mapuche communities in the Pulmari region. The Government was urged to adopt more effective measures to reduce unemployment and was encouraged to continue its efforts to combat tax fraud.
The Committee called upon the Government of Argentina to take steps to guarantee equality in law and in practice between men and women in the enjoyment of economic, social and cultural rights. It also urged the Government to ensure that its social security system guaranteed workers an adequate minimum pension, which should not be unilaterally reduced nor deferred, especially in times of economic constraints.
The Government of Argentina was urged to improve the effectiveness of its measures in the area of safety and hygiene in the workplace; to review its policies on health and in particular that it pay attention to the issue of mental health, maternal mortality, adolescent pregnancies, and HIV/AIDS; to intensify its efforts to combat the problem of violence against women, in particular domestic violence; and to adopt measures to combat the problem of street children in order to attack the root causes of the situation.
Cited among positive aspects in the report of Armenia, the Committee noted the willingness and efforts of the State party to comply with its obligations under the International Covenant and acknowledged with appreciation the efforts made by the Government of Armenia to cope with the consequences of the many difficulties, in particular the natural disasters and armed conflicts, that had led to its current deteriorated economic, social and political situation. Despite those difficulties faced by the Government, cultural rights in general continued to be promoted and developed in Armenia.
The Committee acknowledged the serious negative effects of the difficult social, economic and political circumstances which the Government of Armenia had faced for over a decade; and it noted the obstacles arising from the trade blockade imposed by a number of its neighbouring countries which had led to a reduction of trade activities in Armenia.
Among its principal subjects of concern, the Committee said it was particularly concerned about the slow and complicated process required for the adoption of new legislation which aimed to give effect to economic, social and cultural rights in accordance with the States party's obligations under the International Covenant. It was also concerned about the fact that despite equality between men and women before the law, there were still discrepancies, in practice, in the enjoyment of economic, social and cultural rights between men and women.
The Committee was deeply concerned about the inadequate efforts being made with regard to the crisis in the housing situation in Armenia, due to the damages caused by the 1988 earthquake, as well as the influx of refugees, among other things. It also regretted the lack of statistics with regard to the implementation of the rights to food, housing, health and education, as a result of which they could not be evaluated sufficiently by the Committee.
In addition, the Committee was alarmed by the fact that abortion remained the most commonly used means of family planning in the country due, in particular, to inadequate education and the high cost of contraceptives.
The Committee recommended that the Government of Armenia provide more specific and detailed data relating to the rights set forth in the International Covenant, specifically on housing, food, health and education. It requested that the Government of Armenia provide more information, in its second periodic report, on the exact status of the International Covenant in the Armenian national legal system, and that it undertake measures to define the relationship between Armenia's international legal obligations and national legislation.
Furthermore, the Committee recommended that family planning programmes be set up for women, in particular to decrease the incidence of abortion, and also programming for the prevention and treatment of cancer. It also requested the Government to take measures which would promote employment for women and their greater participation in public life.
The Committee also recommended that the Government of Armenia take measures to ensure that the quality of the Armenian education system was monitored and guaranteed, particularly in private educational institutions, which had increased in number. In addition, human rights education should be ensured in curricula at all levels of education, as well as in relevant public institutions, such as the judiciary, administrative bodies and the police force.
Among positive aspects in the report of Cameroon, the Committee said it viewed as a positive development the establishment of a Ministry of Women's Affairs in 1997 with a special mandate to eliminate all forms of discrimination against women and to promote equality of women in all spheres of Cameroonian society.
The Committee noted that the repayment of external debt by Cameroon, which absorbed approximately two-thirds of Cameroon's export earnings, negatively affected the ability of the Cameroon Government to allocate sufficient resources to the social sector, thus impeding the full implementation of the International Covenant. It further noted the prevalence of certain traditions, customs and cultural practices in Cameroon which continued to impede the full enjoyment by women of their rights under the International Covenant.
The Committee was concerned about the lack of transparency and the degree of independence of the National Committee on Human Rights and Freedoms, the findings of which were not published or made public. It was deeply concerned that the Government of Cameroon has not yet embarked on the necessary law reforms to repeal laws which maintained the unequal legal status of women, particularly in aspects of the Civil and Commercial Codes.
The Committee deplored the lack of progress made by the Government in combatting the continuing practices against women and girls which impeded the enjoyment of their rights under the International Covenant. Such practices included polygamy, the forced early marriage of girls and discriminatory laws which prevented women from inheriting land. It also deplored the inadequacy of measures taken by the Government to combat, especially by means of educational programmes, the enduring practice of female genital mutilation, which was generally practised on young women and girls in the far north and southwest provinces of Cameroon.
Further, the Committee deplored the lack of measures taken to eliminate domestic violence against women which was still regarded as culturally acceptable by certain sectors of society. The lack of Government action to protect the rights of workers on rural plantations by safeguarding for them just conditions of work was also noted.
Concern was also expressed about the increasing incidence of poverty and unemployment in Cameroon, especially among the most vulnerable groups, such as minority groups and the elderly, and among the rural population. The Committee was especially alarmed by figures regarding poverty in Cameroon, which revealed that 55 per cent of the population were living below the poverty line in 1998, and that 40 per cent of the rural population lived in poverty compared to 15 per cent of the urban population.
The Committee was concerned about the protection of the rights of the Baka Pygmies, in particular their right to an adequate standard of living including the right to food; about the reportedly high incidence of forced evictions in the rural areas of Cameroon; about the inadequacy of family planning policies and programmes in Cameroon which had failed to reduce infant and maternal mortality; and about the high level of clandestine abortion in Cameroon, which was in part responsible for the high maternal mortality rate.
The Committee noted with deep concern that there was no legislation in Cameroon which provided for free primary education. The Committee regretted the requirement of a parental contribution via compulsory fees levied by primary schools which, in view of high levels of poverty, greatly restricted access to primary education, particularly for girls.
Among its recommendations, the Committee urged the State party to take all appropriate measures, including the enactment of legislation, in order to ensure that all the people of Cameroon, enjoyed the economic, social and cultural rights set forth in the International Covenant. It called upon the Government of Cameroon to take more active and positive steps to address the inequality of women in Cameroon, in law and fact, and to repeal all provisions of the Civil and Commercial Codes which discriminated against women.
The Government was also urged to prohibit customary practices which violated the rights of women, and to take active measures to combat such practices and beliefs by all means including educational programmes. Government action should focus, in particular, on the elimination of the practice of polygamy, forced marriages, female genital mutilation, and the bias in favour of the education of boys. The Committee called upon the State party to introduce specific legislation and policies to prohibit domestic violence, and sexual harassment in the workplace, with a view to strengthening the protection of women.
The Committee urged Cameroon to adopt appropriate remedial action, including a National Strategy against Poverty, in order to deal with the acute problem of poverty in Cameroon; to take effective measures to protect the rights of the Baka Pygmies to an adequate standard of living; to make safe drinking water accessible to the entire population; to implement laws and policies to combat the problem of forced evictions; to take effective measures to end all forms of compulsory parental contribution for primary education and to allocate increased resources to education; and to review its policies on health in order and to address, in particular, maternal mortality, adolescent pregnancies and the HIV/AIDS epidemic.
And concerning the report of Mexico, the Committee took note of the State partyÿs improved macro-economic performance, particularly the reduction of foreign debt, the decrease in inflation and the growth of export capacity, all of which created an environment conducive to a more effective implementation of the rights enshrined in the Covenant. It appreciated the establishment of a National Programme for Women (Programa Nacional de la Mujer), which had a Surveillance Counsel to monitor and assist victims of intra-familial violence.
Among factors and difficulties impeding the implementation of the International Covenant, the Committee noted that the economic crisis experienced by Mexico in 1995 has had negative effects on the enjoyment of economic, social and cultural rights by its population, in particular the most vulnerable sectors. This was still being experienced in Mexico as a significant amount of public funds were being invested in overcoming the effects of the crisis.
The Committee expressed concern that very little progress had been achieved by the State party during the period under review, despite the Government's efforts to reduce poverty. It was disturbed by the increase in the number of persons living in poverty and extreme poverty.
The Committee was also concerned about the unbalanced approach of the State party to address various regional economic and social problems that were at work in the neglected and vulnerable sectors of Mexican society. Concern was also expressed about the persisting plight of indigenous populations, particularly those of Chiapas, Guerrero, Veracruz and Oaxaca, who had limited access to health services, education, work, adequate nutrition and housing, among other things.
The Committee regretted that despite the positive growth of economic indicators in Mexico, especially the sharp decrease in the level of inflation, the National Minimum Wage Commission had not adjusted the minimum wage level upward. Deep concern was also expressed about the situation of women workers in "maquiladoras", some of whom were subjected to pregnancy tests upon recruitment and at intervals during work, and were dismissed if found to be pregnant.
The Committee was alarmed about the high rate of domestic violence, in particular the domestic violence against women. It was also deeply concerned about the growth in the number of street children, despite the efforts of the Government to tackle the problem. It was particularly concerned about the extensive presence of military and paramilitary elements within the indigenous community of Chiapas and other states in the region.
Among its recommendations, the Committee urged the State party to address the structural causes of poverty in Mexico and to adjust the social programmes accordingly. It recommended that the State party take effective measures to intensify its combat against corruption to the extent to which that problem affected negatively the full implementation of the rights protected by the Covenant, including measures to permit the prosecution of those responsible for acts of corruption.
To the same effect, the Committee invited the State party to continue to strengthen its efforts to alleviate any negative effects that the implementation of the NAFTA agreement might have on certain vulnerable sectors of the population. It also urged the State party to adopt immediate steps towards the protection of women workers in the "maquiladoras", including effective measures so as to prohibit the demanding of medical certificates of non-pregnancy from prospective workers and providing for court action being taken against employers who failed to comply.
The Committee recommended that the State party consider ratifying ILO
Convention No. 138 regarding minimum age for employment; that it take more
effective measures to combat domestic violence, in particular domestic violence against women, and the aggravated problem of street children, in particular to address their root causes; and that it increase its efforts to provide adequate housing, particularly to the poorest segments of society at affordable prices.
The Committee recommended that in the state of Chiapas and other states in the region, the State party supervise and regulate the role of military or paramilitary forces in order, among other things, to guarantee that development and social assistance programmes were implemented with the active participation of the populations concerned and without the interference of armed forces.
The Committee reconsidered the situation in the Solomon Islands regarding the state of implementation of the International Covenant in the absence of reports from that State party. During its session in May 1999, the Committee considered the state of implementation of the International Covenant by the Government of the Solomon Islands and, in the absence of a State party report, nevertheless decided to adopt concluding observations on the Solomon Islands (E/C.12/1999/33). The objective of the reconsideration was to determine the possibilities by which the Committee, as well as the Office of the High Commissioner for Human Rights, UN specialized agencies and other organs of the United Nations, could assist the Government of the Solomon Islands in complying with its obligations under the Covenant.
The Committee acknowledged with appreciation the willingness of the Government of the Solomon Islands to cooperate with the Committee and encouraged it to finalize as soon as possible the drafting of its initial report on the implementation of the International Covenant and to submit it to the Committee for its consideration. It also acknowledged with appreciation the contribution of specialized agencies, United Nations organs and non-governmental organizations to the Committee's review of the state of implementation of the International Covenant by the Government of Solomon Islands. The Committee expressed its particular appreciation to the United Nations Development Programme for the assistance provided to the Government of Solomon Islands in response to the Committee's Concluding Observations of May 1999.
General Comment on Right to Education
The general comment on article 13 of the International Covenant concerning the right to education said that education was both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education was the primary vehicle by which economically and socially marginalized adults and children could lift themselves out of poverty and obtain the means to participate fully in their communities.
The general comment stated that education played a vital role in empowering women, safeguarding children from exploitative and hazardous labor and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education was recognized as one of the best financial investments available to States, but the importance of education was more than just practical and instrumental.
The Committee was aware that, for millions of people throughout the world, the enjoyment of the right to education remained a distant goal; and moreover, in many cases, that goal was becoming increasingly remote because of formidable structural and other obstacles impeding full realization of article 13 in many States parties.
The Committee has periodically issued general comments on issues relating to the International Covenant to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the International Covenant.
Statement to World Trade Organization
The Committee also adopted a statement urging the World Trade Organization (WTO) that a review of the full range of international trade and investment policies and rules be undertaken to ensure that they were consistent with existing treaties, legislation and policies designed to protect and promote human rights. Such a review should address as a matter of highest priority the impact of WTO policies on the most vulnerable sectors of society as well as on the environment.
In the statement, the Committee said that, in its task of monitoring compliance by States parties with their obligations under the International Covenant, it had become increasingly aware of the extent to which international economic policies and practices affected the ability of States to fulfil their treaty obligations. The Committee underlined and endorsed the call of the United Nations Subcommission on the Promotion and Protection of Human Rights in its resolution 1999/30 of 26 August 1999 for steps to be taken "to ensure that human rights principles and obligations are fully integrated in future negotiations in the World Trade Organization", and for proper study to be undertaken of the "human rights and social impacts of economic liberalization programmes, policies and laws".
The statement said that the Committee was aware of the impending further rounds of trade liberalization negotiations and that new areas such as investments might be included in the WTO system. It would thus become even more urgent that a comprehensive review also be undertaken to assess the impact that trade liberalization might have on the effective enjoyment of human rights, especially the rights enshrined in the International Covenant. The wave of economic and corporate restructuring undertaken to respond to an increasingly competitive global market and the widespread dismantling of social security systems had resulted in unemployment, work insecurity and worsening labor conditions, giving rise to violations of core economic and social rights set forth in the International Covenant.
It was the Committee's view that the World Trade Organization would contribute significantly to and was part of the individual process of global government reform, the statement continued to say. That reform should be driven by a concern for the individual and not by purely macroeconomic considerations alone. Human rights norms should shape the process of international economic policy formulation so that the benefits for human development of the evolving international trading regime would be shared equitably by all, in particular the most vulnerable sectors.
The Committee recognized the wealth-generating potential of trade liberalization, but it was also aware that liberalization in trade, investment and finance did not necessarily create and lead to a favorable environment for the realization of economic, social and cultural rights, the text said. Trade liberalization should be understood as a means, not an end. The end which trade liberalization should serve was the objective of human well-being to which the international human rights instruments gave legal expression.
In conclusion, the Committee urged WTO members to ensure that their international human rights obligations were considered as a matter of priority in their negotiations which would be an important testing ground for the commitment of States to the full range of their international obligations.
The statement was addressed to the Third Ministerial Conference of the World Trade Organization, which met in Seattle, United States, from 30 November to 3 December 1999.
International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant.
Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon) Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchán 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).
HR/ESC/99/48
3 December 1999
COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
CONCLUDES AUTUMN SESSION
Issues Observations on Situation in Bulgaria, Argentina, Armenia,Cameroon and Mexico; Issues General Comment on Rightto Education and Statement to World Trade Organization
The Committee on Economic, Social and Cultural Rights concluded its autumn session today by issuing its concluding observations on the situation in the five countries which it considered over the past three weeks.
Bulgaria, Argentina, Armenia, Cameroon and Mexico presented reports to the Committee in keeping with their obligations as States parties to the International Covenant on Economic, Social and Cultural Rights. The situation in the Solomon Islands was reconsidered in the absence of a report because the State party has not submitted one since ratifying the treaty. The Covenant has 142 States parties and the Committee has been charged with monitoring its implementation since it was created in 1985.
The Committee's 18 experts acknowledged the negative effects of the armed conflict in the Balkans on the Bulgarian economy, especially the destruction and blockage of trade routes and the disruption of navigation on the Danube. The Committee, however, was deeply concerned that despite the efforts of the State party to improve the situation of the population, there was still an alarmingly high level of poverty in Bulgaria. The Committee welcomed the extensive efforts made by the State party to comply with its obligations despite the difficulties of the transition period.
The Committee called upon the Government of Argentina to take steps to guarantee equality in law and in practice between men and women in the enjoyment of economic, social and cultural rights. It also urged the Government to ensure that its social security system guaranteed workers an adequate minimum pension, which should not be unilaterally reduced nor deferred, especially in times of economic constraints. It noted as a positive aspect that the Constitution provided for the restitution to the indigenous peoples of some of their traditional lands.
The Committee was concerned about the slow and complicated process required in Armenia for the adoption of new legislation which aimed to give effect to economic, social and cultural rights in accordance with the State party's obligations under the Covenant. It was also concerned about the fact that despite equality between men and women before the law, there were still discrepancies, in practice, in the enjoyment of economic, social and cultural rights between men and women. It cited among positive aspects the willingness and efforts of the State party to comply with its obligations under the International Covenant.
The Committee deplored the inadequacy of measures taken by the Government of Cameroon to combat, especially by means of educational programmes, the enduring practice of female genital mutilation, which was generally practised on young women and girls in the far north and southwest provinces of Cameroon. The Committee also deplored the lack of progress made by the Government in combatting the practice of polygamy, the forced early marriage of girls and discriminatory laws which prevented women from inheriting land. Committee members welcomed the establishment of a Ministry of Women's Affairs in 1997 with a special mandate to eliminate all forms of discrimination against women and to promote equality of women in all spheres of Cameroonian society.
The Committee was alarmed at the high rate of domestic violence, in particular the domestic violence against women in Mexico; it was also deeply concerned about the growth in the number of street children, despite the efforts of the Government to tackle the problem; and it was particularly concerned about the extensive presence of military and paramilitary elements within the indigenous community of Chiapas and other states in the region. Committee members welcomed the State partyÿs improved macro-economic performance, particularly the reduction of foreign debt, the decrease in inflation and the growth of export capacity, all of which created an environment conducive to a more effective implementation of the rights enshrined in the International Covenant.
And concerning the Solomon Islands, the Committee reconsidered the situation regarding the state of implementation of the International Covenant in the absence of reports from that State party; it acknowledged with appreciation the willingness of the Government of Solomon Islands to cooperate with the Committee and encouraged it to finalize as soon as possible the drafting of its initial report on the implementation of the International Covenant and submit it to the Committee for its consideration.
In the course of its current session, the Committee also adopted a general comment on the right to education. It noted that education was both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education was the primary vehicle by which economically and socially marginalized adults and children could lift themselves out of poverty and obtain the means to participate fully in their communities.
The general comment stated that education played a vital role in empowering women, safeguarding children from exploitative and hazardous labour and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education was recognized as one of the best financial investments available to States, but the importance of education was more than just practical and instrumental.
The Committee also adopted a statement to the attention of the World Trade Organization meeting in Seattle, United States, urging the World Trade Organization (WTO) to undertake a review of the full range of international trade and investment policies and rules to ensure that they were consistent with existing treaties, legislation and policies designed to protect and promote human rights. Such a review should address as a matter of highest priority the impact of the organization’s policies on the most vulnerable sectors of society as well as on the environment.
The Committee's next session will be held from 24 April 12 May 2000. At that meeting, the Committee is expected to examine reports from Georgia, Italy, Portugal, Egypt, Jordan and the Republic of the Congo.
Conclusions and recommendations on country reports
Among positive aspects cited in the report of Bulgaria were the extensive efforts made by the State party to comply with its obligations under the International Covenant despite the difficulties of the transition period. The Committee noted with appreciation the ongoing consideration of the establishment of an Ombudsman's office in Bulgaria, and encouraged the State party to proceed as speedily as possible towards the creation of the post. It welcomed the readiness of Bulgaria to favourably consider adopting an optional protocol to the International Covenant. It also noted with satisfaction that despite the privatization of health services, medicine would continue to be distributed free of charge to the disadvantaged groups of society, and that mental health services would remain public.
The Committee acknowledged the negative effects of the armed conflict in the Balkans on the Bulgarian economy, especially the destruction and blockage of trade routes and the disruption of navigation on the Danube. It took note of the information supplied by the delegation that the financial stringencies related to structural adjustment programmes undertaken by Bulgaria in agreement with international financial institutions had negatively affected the ability of Bulgaria to comply with its obligations under the International Covenant.
Among principal issues of concern, the Committee was deeply concerned that despite the efforts of the State party to improve the situation of the population, there was still an alarmingly high level of poverty in Bulgaria, and a general deterioration of the social protection of the population continued, especially among the vulnerable groups. The Committee deplored the discrimination against the Roma minority in many aspects of life, including education, work, social benefits and access to land. The Committee was especially concerned about the high rate of unemployment among the Roma minority and the poor quality of education afforded to that group.
The Committee noted with regret that despite the Government's efforts to combat unemployment, success had not been achieved in that regard. It deplored the situation where those who were employed received salaries which did not allow them to secure for themselves and their families an adequate standard of living. It regretted that there was no legal prohibition of dismissal from employment on grounds of pregnancy. The Committee also regretted that the State party had not accorded sufficient attention to the well-being of older persons, nor had it made an effort to guarantee to them a dignified life.
The Committee deplored the deterioration of the housing situation in Bulgaria and regretted that only ineffective measures had been taken by the State party to alleviate the overcrowding and the generally poor conditions in housing that was available. It further regretted the lack of opportunities for minorities to receive education in their own language. It was also concerned that the fees introduced in higher education might represent a serious obstacle for disadvantaged groups of society seeking such an education.
Bulgaria was recommended to seek the technical cooperation and assistance of the Office of the United Nations High Commissioner for Human Rights with a view to establishing a national human rights institution in conformity with the 1991 Paris Principles relating to the Status and Functioning of National Institutions for the Protection and Promotion of Human Rights. It also recommended that the State party evaluate the economic reform programmes with respect to their impact on poverty, and make efforts to adjust those programmes in such a way that they adequately responded to the current social needs of the population.
The Committee recommended that the necessary measures be taken to allow for the full exercise of the right to strike. It called on the State party to continue its efforts to integrate ethnic minorities into society, and to undertake measures to provide the opportunity for such minorities to be educated in their own language. It recommended that a plan of action be established to improve the housing situation; that measures be taken to alleviate the situation of asylum seekers and refugees, such as the adoption of a new law on refugees and the construction of a new centre for asylum seekers; and that the State party fully implement the law reforms, and ensure that there was an improvement in the situation of refugees detained at the international airport in Sofia.
The Committee noted several positive aspects in the report of Argentina, including the rights provided in the Constitution for the restitution to the indigenous peoples of some of their traditional lands. It further welcomed the restitution of large tracts of traditional lands. It also noted with satisfaction the adoption of the Emergency Plan (Plan de Emergencia) that aimed to help those living below the poverty level.
The Committee noted with satisfaction the success of the Government's health programme which had found a cure for the "mal de Chagas" as had been recognized by the World Health Organization
Listed among causes of concern were the situation of the six Mapuche indigenous communities which, despite having obtained the legal recognition of their rights over some of their traditional lands in the Pulmari area, had not yet received the property deeds of these islands. It was also concerned about International Labour Organization (ILO) Convention 169, relating to indigenous populations, the ratification of which was authorised by the National Congress in 1989, and had yet to take place.
Further, the Committee was concerned about the very high unemployment rate in Argentina (almost 15 per cent) and in particular about the large number of the new poor (Nuevos pobres), those, who traditionally belonged to the middle classes. It was also concerned that unemployment benefits only reached some 6 per cent of the unemployed population and excluded some categories of workers, such as rural domestic and construction workers and public employees.
The Committee noted with concern that various de facto discriminatory practices against women existed, particularly in the areas of employment and equal pay. The extent of the Government's privatization of the pension programme was also of concern to the Committee. It was also concerned about the housing deficit in Argentina and that the initiatives taken by the Government had not been adequate in that regard.
It was also concerned about the health of pregnant women, in particular with the relatively high maternal mortality rate, and the high adolescent pregnancy figures; and about the increasing incidence of violence against women, in particular domestic violence.
The Committee recommended, among other things, that the State party ratify ILO Convention 169 on indigenous peoples, and that it find a solution that would satisfy the rights of the Mapuche communities in the Pulmari region. The Government was urged to adopt more effective measures to reduce unemployment and was encouraged to continue its efforts to combat tax fraud.
The Committee called upon the Government of Argentina to take steps to guarantee equality in law and in practice between men and women in the enjoyment of economic, social and cultural rights. It also urged the Government to ensure that its social security system guaranteed workers an adequate minimum pension, which should not be unilaterally reduced nor deferred, especially in times of economic constraints.
The Government of Argentina was urged to improve the effectiveness of its measures in the area of safety and hygiene in the workplace; to review its policies on health and in particular that it pay attention to the issue of mental health, maternal mortality, adolescent pregnancies, and HIV/AIDS; to intensify its efforts to combat the problem of violence against women, in particular domestic violence; and to adopt measures to combat the problem of street children in order to attack the root causes of the situation.
Cited among positive aspects in the report of Armenia, the Committee noted the willingness and efforts of the State party to comply with its obligations under the International Covenant and acknowledged with appreciation the efforts made by the Government of Armenia to cope with the consequences of the many difficulties, in particular the natural disasters and armed conflicts, that had led to its current deteriorated economic, social and political situation. Despite those difficulties faced by the Government, cultural rights in general continued to be promoted and developed in Armenia.
The Committee acknowledged the serious negative effects of the difficult social, economic and political circumstances which the Government of Armenia had faced for over a decade; and it noted the obstacles arising from the trade blockade imposed by a number of its neighbouring countries which had led to a reduction of trade activities in Armenia.
Among its principal subjects of concern, the Committee said it was particularly concerned about the slow and complicated process required for the adoption of new legislation which aimed to give effect to economic, social and cultural rights in accordance with the States party's obligations under the International Covenant. It was also concerned about the fact that despite equality between men and women before the law, there were still discrepancies, in practice, in the enjoyment of economic, social and cultural rights between men and women.
The Committee was deeply concerned about the inadequate efforts being made with regard to the crisis in the housing situation in Armenia, due to the damages caused by the 1988 earthquake, as well as the influx of refugees, among other things. It also regretted the lack of statistics with regard to the implementation of the rights to food, housing, health and education, as a result of which they could not be evaluated sufficiently by the Committee.
In addition, the Committee was alarmed by the fact that abortion remained the most commonly used means of family planning in the country due, in particular, to inadequate education and the high cost of contraceptives.
The Committee recommended that the Government of Armenia provide more specific and detailed data relating to the rights set forth in the International Covenant, specifically on housing, food, health and education. It requested that the Government of Armenia provide more information, in its second periodic report, on the exact status of the International Covenant in the Armenian national legal system, and that it undertake measures to define the relationship between Armenia's international legal obligations and national legislation.
Furthermore, the Committee recommended that family planning programmes be set up for women, in particular to decrease the incidence of abortion, and also programming for the prevention and treatment of cancer. It also requested the Government to take measures which would promote employment for women and their greater participation in public life.
The Committee also recommended that the Government of Armenia take measures to ensure that the quality of the Armenian education system was monitored and guaranteed, particularly in private educational institutions, which had increased in number. In addition, human rights education should be ensured in curricula at all levels of education, as well as in relevant public institutions, such as the judiciary, administrative bodies and the police force.
Among positive aspects in the report of Cameroon, the Committee said it viewed as a positive development the establishment of a Ministry of Women's Affairs in 1997 with a special mandate to eliminate all forms of discrimination against women and to promote equality of women in all spheres of Cameroonian society.
The Committee noted that the repayment of external debt by Cameroon, which absorbed approximately two-thirds of Cameroon's export earnings, negatively affected the ability of the Cameroon Government to allocate sufficient resources to the social sector, thus impeding the full implementation of the International Covenant. It further noted the prevalence of certain traditions, customs and cultural practices in Cameroon which continued to impede the full enjoyment by women of their rights under the International Covenant.
The Committee was concerned about the lack of transparency and the degree of independence of the National Committee on Human Rights and Freedoms, the findings of which were not published or made public. It was deeply concerned that the Government of Cameroon has not yet embarked on the necessary law reforms to repeal laws which maintained the unequal legal status of women, particularly in aspects of the Civil and Commercial Codes.
The Committee deplored the lack of progress made by the Government in combatting the continuing practices against women and girls which impeded the enjoyment of their rights under the International Covenant. Such practices included polygamy, the forced early marriage of girls and discriminatory laws which prevented women from inheriting land. It also deplored the inadequacy of measures taken by the Government to combat, especially by means of educational programmes, the enduring practice of female genital mutilation, which was generally practised on young women and girls in the far north and southwest provinces of Cameroon.
Further, the Committee deplored the lack of measures taken to eliminate domestic violence against women which was still regarded as culturally acceptable by certain sectors of society. The lack of Government action to protect the rights of workers on rural plantations by safeguarding for them just conditions of work was also noted.
Concern was also expressed about the increasing incidence of poverty and unemployment in Cameroon, especially among the most vulnerable groups, such as minority groups and the elderly, and among the rural population. The Committee was especially alarmed by figures regarding poverty in Cameroon, which revealed that 55 per cent of the population were living below the poverty line in 1998, and that 40 per cent of the rural population lived in poverty compared to 15 per cent of the urban population.
The Committee was concerned about the protection of the rights of the Baka Pygmies, in particular their right to an adequate standard of living including the right to food; about the reportedly high incidence of forced evictions in the rural areas of Cameroon; about the inadequacy of family planning policies and programmes in Cameroon which had failed to reduce infant and maternal mortality; and about the high level of clandestine abortion in Cameroon, which was in part responsible for the high maternal mortality rate.
The Committee noted with deep concern that there was no legislation in Cameroon which provided for free primary education. The Committee regretted the requirement of a parental contribution via compulsory fees levied by primary schools which, in view of high levels of poverty, greatly restricted access to primary education, particularly for girls.
Among its recommendations, the Committee urged the State party to take all appropriate measures, including the enactment of legislation, in order to ensure that all the people of Cameroon, enjoyed the economic, social and cultural rights set forth in the International Covenant. It called upon the Government of Cameroon to take more active and positive steps to address the inequality of women in Cameroon, in law and fact, and to repeal all provisions of the Civil and Commercial Codes which discriminated against women.
The Government was also urged to prohibit customary practices which violated the rights of women, and to take active measures to combat such practices and beliefs by all means including educational programmes. Government action should focus, in particular, on the elimination of the practice of polygamy, forced marriages, female genital mutilation, and the bias in favour of the education of boys. The Committee called upon the State party to introduce specific legislation and policies to prohibit domestic violence, and sexual harassment in the workplace, with a view to strengthening the protection of women.
The Committee urged Cameroon to adopt appropriate remedial action, including a National Strategy against Poverty, in order to deal with the acute problem of poverty in Cameroon; to take effective measures to protect the rights of the Baka Pygmies to an adequate standard of living; to make safe drinking water accessible to the entire population; to implement laws and policies to combat the problem of forced evictions; to take effective measures to end all forms of compulsory parental contribution for primary education and to allocate increased resources to education; and to review its policies on health in order and to address, in particular, maternal mortality, adolescent pregnancies and the HIV/AIDS epidemic.
And concerning the report of Mexico, the Committee took note of the State partyÿs improved macro-economic performance, particularly the reduction of foreign debt, the decrease in inflation and the growth of export capacity, all of which created an environment conducive to a more effective implementation of the rights enshrined in the Covenant. It appreciated the establishment of a National Programme for Women (Programa Nacional de la Mujer), which had a Surveillance Counsel to monitor and assist victims of intra-familial violence.
Among factors and difficulties impeding the implementation of the International Covenant, the Committee noted that the economic crisis experienced by Mexico in 1995 has had negative effects on the enjoyment of economic, social and cultural rights by its population, in particular the most vulnerable sectors. This was still being experienced in Mexico as a significant amount of public funds were being invested in overcoming the effects of the crisis.
The Committee expressed concern that very little progress had been achieved by the State party during the period under review, despite the Government's efforts to reduce poverty. It was disturbed by the increase in the number of persons living in poverty and extreme poverty.
The Committee was also concerned about the unbalanced approach of the State party to address various regional economic and social problems that were at work in the neglected and vulnerable sectors of Mexican society. Concern was also expressed about the persisting plight of indigenous populations, particularly those of Chiapas, Guerrero, Veracruz and Oaxaca, who had limited access to health services, education, work, adequate nutrition and housing, among other things.
The Committee regretted that despite the positive growth of economic indicators in Mexico, especially the sharp decrease in the level of inflation, the National Minimum Wage Commission had not adjusted the minimum wage level upward. Deep concern was also expressed about the situation of women workers in "maquiladoras", some of whom were subjected to pregnancy tests upon recruitment and at intervals during work, and were dismissed if found to be pregnant.
The Committee was alarmed about the high rate of domestic violence, in particular the domestic violence against women. It was also deeply concerned about the growth in the number of street children, despite the efforts of the Government to tackle the problem. It was particularly concerned about the extensive presence of military and paramilitary elements within the indigenous community of Chiapas and other states in the region.
Among its recommendations, the Committee urged the State party to address the structural causes of poverty in Mexico and to adjust the social programmes accordingly. It recommended that the State party take effective measures to intensify its combat against corruption to the extent to which that problem affected negatively the full implementation of the rights protected by the Covenant, including measures to permit the prosecution of those responsible for acts of corruption.
To the same effect, the Committee invited the State party to continue to strengthen its efforts to alleviate any negative effects that the implementation of the NAFTA agreement might have on certain vulnerable sectors of the population. It also urged the State party to adopt immediate steps towards the protection of women workers in the "maquiladoras", including effective measures so as to prohibit the demanding of medical certificates of non-pregnancy from prospective workers and providing for court action being taken against employers who failed to comply.
The Committee recommended that the State party consider ratifying ILO
Convention No. 138 regarding minimum age for employment; that it take more
effective measures to combat domestic violence, in particular domestic violence against women, and the aggravated problem of street children, in particular to address their root causes; and that it increase its efforts to provide adequate housing, particularly to the poorest segments of society at affordable prices.
The Committee recommended that in the state of Chiapas and other states in the region, the State party supervise and regulate the role of military or paramilitary forces in order, among other things, to guarantee that development and social assistance programmes were implemented with the active participation of the populations concerned and without the interference of armed forces.
The Committee reconsidered the situation in the Solomon Islands regarding the state of implementation of the International Covenant in the absence of reports from that State party. During its session in May 1999, the Committee considered the state of implementation of the International Covenant by the Government of the Solomon Islands and, in the absence of a State party report, nevertheless decided to adopt concluding observations on the Solomon Islands (E/C.12/1999/33). The objective of the reconsideration was to determine the possibilities by which the Committee, as well as the Office of the High Commissioner for Human Rights, UN specialized agencies and other organs of the United Nations, could assist the Government of the Solomon Islands in complying with its obligations under the Covenant.
The Committee acknowledged with appreciation the willingness of the Government of the Solomon Islands to cooperate with the Committee and encouraged it to finalize as soon as possible the drafting of its initial report on the implementation of the International Covenant and to submit it to the Committee for its consideration. It also acknowledged with appreciation the contribution of specialized agencies, United Nations organs and non-governmental organizations to the Committee's review of the state of implementation of the International Covenant by the Government of Solomon Islands. The Committee expressed its particular appreciation to the United Nations Development Programme for the assistance provided to the Government of Solomon Islands in response to the Committee's Concluding Observations of May 1999.
General Comment on Right to Education
The general comment on article 13 of the International Covenant concerning the right to education said that education was both a human right in itself and an indispensable means of realizing other human rights. As an empowerment right, education was the primary vehicle by which economically and socially marginalized adults and children could lift themselves out of poverty and obtain the means to participate fully in their communities.
The general comment stated that education played a vital role in empowering women, safeguarding children from exploitative and hazardous labor and sexual exploitation, promoting human rights and democracy, protecting the environment, and controlling population growth. Increasingly, education was recognized as one of the best financial investments available to States, but the importance of education was more than just practical and instrumental.
The Committee was aware that, for millions of people throughout the world, the enjoyment of the right to education remained a distant goal; and moreover, in many cases, that goal was becoming increasingly remote because of formidable structural and other obstacles impeding full realization of article 13 in many States parties.
The Committee has periodically issued general comments on issues relating to the International Covenant to assist States parties in fulfilling their reporting obligations in order to promote their further implementation of the provisions of the International Covenant.
Statement to World Trade Organization
The Committee also adopted a statement urging the World Trade Organization (WTO) that a review of the full range of international trade and investment policies and rules be undertaken to ensure that they were consistent with existing treaties, legislation and policies designed to protect and promote human rights. Such a review should address as a matter of highest priority the impact of WTO policies on the most vulnerable sectors of society as well as on the environment.
In the statement, the Committee said that, in its task of monitoring compliance by States parties with their obligations under the International Covenant, it had become increasingly aware of the extent to which international economic policies and practices affected the ability of States to fulfil their treaty obligations. The Committee underlined and endorsed the call of the United Nations Subcommission on the Promotion and Protection of Human Rights in its resolution 1999/30 of 26 August 1999 for steps to be taken "to ensure that human rights principles and obligations are fully integrated in future negotiations in the World Trade Organization", and for proper study to be undertaken of the "human rights and social impacts of economic liberalization programmes, policies and laws".
The statement said that the Committee was aware of the impending further rounds of trade liberalization negotiations and that new areas such as investments might be included in the WTO system. It would thus become even more urgent that a comprehensive review also be undertaken to assess the impact that trade liberalization might have on the effective enjoyment of human rights, especially the rights enshrined in the International Covenant. The wave of economic and corporate restructuring undertaken to respond to an increasingly competitive global market and the widespread dismantling of social security systems had resulted in unemployment, work insecurity and worsening labor conditions, giving rise to violations of core economic and social rights set forth in the International Covenant.
It was the Committee's view that the World Trade Organization would contribute significantly to and was part of the individual process of global government reform, the statement continued to say. That reform should be driven by a concern for the individual and not by purely macroeconomic considerations alone. Human rights norms should shape the process of international economic policy formulation so that the benefits for human development of the evolving international trading regime would be shared equitably by all, in particular the most vulnerable sectors.
The Committee recognized the wealth-generating potential of trade liberalization, but it was also aware that liberalization in trade, investment and finance did not necessarily create and lead to a favorable environment for the realization of economic, social and cultural rights, the text said. Trade liberalization should be understood as a means, not an end. The end which trade liberalization should serve was the objective of human well-being to which the international human rights instruments gave legal expression.
In conclusion, the Committee urged WTO members to ensure that their international human rights obligations were considered as a matter of priority in their negotiations which would be an important testing ground for the commitment of States to the full range of their international obligations.
The statement was addressed to the Third Ministerial Conference of the World Trade Organization, which met in Seattle, United States, from 30 November to 3 December 1999.
International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant.
Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon) Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (Russian Federation), Jaime Marchán 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).