Welcome to the United Nations 
OHCHR 
Press releases Treaty bodies
Default title
01 December 2000
Share
CESCR
24th session
1 December 2000
ROUNDUP
Issues Concluding Observations on Reports of Portugal,
Finland, Belgium and Morocco; Preliminary Recommendations to Yugoslavia
The Committee on Economic, Social and Cultural Rights concluded its twenty-fourth session today by issuing its concluding observations and recommendations on how the rights under the International Covenant on Economic, Social and Cultural Rights are protected in Portugal, Finland, Belgium and Morocco, whose reports were considered by the Committee during the three-week session. It also sent preliminary recommendations to Yugoslavia.
These countries are among the 143 States which have acceded to the Covenant and are obligated to periodically submit reports to the Committee to review how the rights enshrined in the treaty are implemented in their societies.
Concerning the situation in Portugal, the Committee commended the country on its efforts to implement the recommendations of the Committee in promoting equality between men and women through a law; and its efforts in promoting the independence of East Timor and the substantial assistance it was providing to the United Nations-administered territory.
The Committee, however, said that it was concerned about the increase of trafficking in women which was linked to organized crime; about the increase in paedophilia and child pornography; and about the relatively high rates of school drop-out and high illiteracy in the country. It recommended, among other things, that Portugal review its general strategy for the eradication of poverty and step up its activities to combat it; and that it intensify its efforts to create a culture of tolerance and to eliminate all forms of discrimination, in so far as they affected women, Roma, asylum seekers and immigrants.
In its concluding observations on the report of Finland, the Committee took note of the favourable economic conditions prevailing in that country, and observed no insurmountable factors or difficulties preventing the State party from effectively implementing the Covenant. It regretted that despite the many initiatives taken by the Government of Finland to combat racial discrimination, racist attitudes prevailed among the population, perpetuating discrimination against minorities and foreigners, especially in employment.
Finland was recommended to finalize its review of the legislation concerning the Sami population with a view to ratifying International Labour Organization (ILO) Convention No. 169; and that it settle the question of Sami land titles as a matter of high priority.
In the report of Belgium, the Committee found as a positive aspect Belgium's positive attitude towards active participation of civil society in promoting and protecting economic, social and cultural rights, including that the State party had invited a representative of a national non-governmental organization to address the Committee during the dialogue.
The Committee expressed deep concern that there was no specific legislation which outlawed acts of xenophobia and racism, and in particular the activities of right-wing racist political parties which were increasingly present on the political scene. It recommended that Belgium take effective measures to combat paedophilia, child prostitution, as well as child pornography and violence against children, and to seek international cooperation in that regard.
And with regard to Morocco, the Committee welcomed the initiative taken by King Mohammed VI and his new Government to further the development of a human rights culture in Morocco and noted with satisfaction the establishment of the Ministry for Human Rights; the set up of a national human rights institution; and the intention of the State party to establish an Office of a National Ombudsman.
The Committee regretted that there had not been a defined solution to the question of self-determination of the Western Sahara; that a comprehensive plan of action on human rights was not formulated; and that there were still persisting patterns of discrimination against women in national legislation. It recommended, among other things, that the problem of street children and children born out of wedlock be addressed; that the State party intensify its efforts to address the problem of poverty, especially in the rural areas; and that all necessary measures be taken in order to address the problem of the high rate of maternal and infant mortality in Morocco.
The Committee had been scheduled to take up the report of Yugoslavia this session, but the State party refrained from sending a Government delegation to present its report. The Committee discussed the report, and noted that the information did not include recent developments and the recent change of Government in the country. The Committee decided to send a letter to the Government of Yugoslavia requesting it to send an up-to-date periodic report. Preliminary recommendations on the report were also offered.
In the recommendations, the Committee urged Yugoslavia to ensure that national reconstruction occurred on a fair and equitable basis across the country; to speed up the democratization process on the basis of which economic, social and cultural rights could be realized; to facilitate the exercise of the right to self-determination by all peoples of the Republic;
to promote positive and harmonious inter-ethnic relations; and to facilitate the return of displaced persons and refugees to their homes under conditions of freedom.
Under its follow-up procedure, the Committee addressed a letter to the State of Israel, requesting it to submit by 31 March 2001 its second periodic report on how it was implementing the provisions of the Covenant as well as additional information on the current situation concerning the occupied Palestinian territories. The Committee said that it was deeply concerned by accounts that Israel's recent actions in the occupied territories had resulted in the widespread and gross violations of Palestinians' economic, social and cultural rights.
Also during its current session, the Committee held a day-long general discussion on article 15.1 (c) of the Covenant concerning the "right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". The discussion was organized in cooperation with the World Intellectual Property Organization (WIPO) and several inter-governmental agencies and non-governmental organizations contributed to the debate.
The Committee's next session will be held from 23 April to 11 May 2001. During that meeting, the Committee will consider reports from Venezuela, Honduras, China, concerning Hong Kong, the Republic of Korea and Bolivia.
Conclusions and Recommendations on Country Reports
Portugal
The Committee commended Portugal on its efforts to implement its recommendations in promoting equality between men and women through a law; and its efforts in promoting the independence of East Timor and the substantial assistance it was providing to the United Nations-administered territory.
Cited among the Committee's principal subjects of concern was that approximately one fifth of the population of Portugal still lived below the poverty line and that no comprehensive study of the problem of poverty had been undertaken. The Committee was concerned about the lack of a national human rights plan in accordance with the recommendation of the 1993 Vienna Declaration and Programme of Action.
It also expressed concern, among other things, about the occurrence of child labour in breach of Portugal's international obligations; about cases of intolerance of and discrimination against Roma people, refugees and immigrants; that foreign workers could not enrol in the vocational guidance and training courses to which Portuguese workers were entitled; at the persistence of discrimination against women in the fields of employment and equality of wages and opportunity with men; about the increase of trafficking in women which was linked to organized crime; about the increase in paedophilia and child pornography; and the relatively high rates of school drop-out and high illiteracy in the country.
Among its recommendations, the Committee urged Portugal to review its general strategy for the eradication of poverty and step up its activities to combat it; to adopt a national human rights plan of action; to intensify its efforts to create a culture of tolerance and to eliminate all forms of discrimination, in so far as they affected women, Roma, asylum seekers and immigrants; to allow foreigner workers to enrol in the vocational guidance and training courses to which Portuguese workers were entitled; to ensure the stricter application of the legal provisions guaranteeing men and women equal work; to intensify its efforts to prevent drug addiction among young people and impose appropriately effective penalties on persons who committed offences related to paedophilia, child pornography and trafficking in women; and to intensify its campaign against the persisting problem of illiteracy in the country.
Finland
The Committee noted with satisfaction the inclusion of age in Finland's Constitution as a prohibited ground of discrimination; and it welcomed the decrease in unemployment in general, and the fall in youth unemployment in particular. The Committee took note of the favourable economic conditions prevailing in Finland, and observed no insurmountable factors or difficulties preventing the State party from effectively implementing the Covenant.
Among the principal concerns cited by the Committee was the unavailability of data of case law suggesting that the Covenant might by directly invoked before the courts of Finland. In that respect, the Committee was concerned that lawyers and judges might not be sufficiently aware of the rights enshrined in the Covenant. In addition, the Committee noted with concern that in 1999, Finland had devoted only 0,32 per cent of it Gross Domestic Product (GDP) to international cooperation, while the United Nations recommendation in that regard was 0,7 per cent for industrialized countries.
The Committee regretted that despite the many initiatives taken by Finland to combat racial discrimination, racist attitudes prevailed among the population, perpetuating discrimination against minorities and foreigners, especially in employment. It expressed concern about the practical enjoyment by the so-called "stand-by" workers of their labour rights, who allegedly could be laid off without notice. The Committee reiterated its concern that no minimum wage was guaranteed nationally. While welcoming the several studies and projects concerning violence against women carried out in the past few years in Finland, the Committee noted with concern that the phenomenon had reached alarming proportions.
Further concerns noted by the Committee included the lack of affordable accommodation, especially in the Helsinki metropolitan area, for the homeless; the weakening of the public health care system as a result of cuts in the Government's health spending; and that certain municipalities allocated insufficient funds to health care services.
In its suggestions and recommendations, the Committee urged Finland to formulate and implement a national plan of action for the protection and promotion of human rights; encouraged that Finland ensure that all judges and lawyers received further training provided free of charge to familiarize them with the provisions of the Covenant and the General Comments adopted by the Committee; further urged the State party to provide information in its fifth periodic report on the enjoyment of the Roma of their economic, social and cultural rights; and to continue and strengthen its efforts to combat racism and xenophobia.
The Committee recommended, among other things, that the State party review its budget allocation for international cooperation with the view to increasing its contribution in accordance with the United Nations recommendation; that it finalize its review of the legislation concerning the Sami population with a view to ratifying International Labour Organization (ILO) Convention No. 169; and that Finland settle the question of Sami land titles as a matter of high priority.
Moreover, the Committee recommended that Finland ensure that legislative provisions concerning job security were effectively implemented; that comparative statistical data be provided on the extent of violence against women; that adequate resources were afforded to public health services and that the cost of private health care remain affordable to all sectors of society; and that the State party take special care in ensuring the equality of standards in education for all.
Belgium
The Committee found as positive aspects Belgium's positive attitude towards active participation of civil society in promoting and protecting economic, social and cultural rights; and that the delegation of the State party had invited a representative of a national non-governmental organization to address the Committee during the dialogue. It, however, noted with concern that there were no sufficient mechanisms to coordinate and ensure uniformity in complying with Belgium's international human rights obligations at both federal and regional levels.
Among its principal subjects of concern, the Committee regretted that Belgium had not established a comprehensive national plan of action for human rights, and expressed concern about the lack of an independent national human rights institution. The Committee also expressed deep concern that there was no specific legislation, which outlawed acts of xenophobia and racism, and in particular the activities of right-wing racist political parties, which were increasingly present on the political scene, especially in Flanders.
Further, the Committee expressed its concern about the discriminatory effects against women of the so-called 'cohabitation rule' in the unemployment insurance regime; about the persistent gap between the unemployment rate of men and women and the discrepancy in wages between them; about the fact that there was considerable unemployment among young people; about the phenomenon of paedophilia, prostitution of children, as well as child pornography and violence against children; about the significant shortage of social housing in the country; that the State party had not established adequate mechanisms to ensure uniformity in the application of educational standards; and that Belgium devoted only 0,35 per cent of its GDP to international cooperation.
The Committee recommended that, in the next periodic report, Belgium provide more details on the mechanisms adopted to coordinate and ensure uniformity in activities of the various levels of government aimed at complying with international human rights obligations. It urged that Belgium formulate and adopt a comprehensive plan of action for human rights, as called for in paragraph 71 of the 1993 Vienna Declaration and Programme of Action. Belgium was also urged to establish a national human rights institution, in accordance with the Paris Principles of 1991; to take appropriate steps to guarantee fully the direct applicability of the Covenant in the domestic legal order; to adopt measures to ensure that xenophobia, racism and activities of racist organizations, groups or political parties were outlawed; and to revise the 'cohabitation rule' in the unemployment insurance regime in order to eliminate its indirect discriminatory impact on women.
In addition, the Committee recommended, among other things, that Belgium undertake more active measures to address the inequality of employment between men and women; to take effective measures to combat paedophilia, child prostitution, as well as child pornography and violence against children, and to seek international cooperation in that regard; to establish an adequate mechanism to monitor and ensure uniformity of educational standards; and to include in its next report information on the enjoyment of the right to participate in and benefit from cultural life, especially by disadvantaged and marginalized groups.
Morocco
The Committee welcomed the initiative taken by King Mohammed VI and his new Government to further the development of a human rights culture in Morocco and noted with satisfaction the establishment of the Ministry for Human Rights; the set up of a national human rights institution; and the intention of the State party to establish an Office of a National Ombudsman.
Cited among factors and difficulties impeding the implementation of the Covenant were the persistence of traditional practices and attitudes, deeply entrenched in Moroccan society, with regard to women and children hampering the ability of the State party to protect and promote their economic, social and cultural rights. The Committee also noted the difficulties faced by Morocco in complying with its obligations of debt servicing which took up a considerable percentage of the national budget. This impeded the ability of the State party to comply with its obligations under the Covenant.
The Committee was concerned, among other things, that no legislative, judicial and administrative measures had yet been adopted by the State party to give effect to many of the provisions of the Covenant; it regretted that there had not been a defined solution to the question of self-determination of the Western Sahara; that a comprehensive plan of action on human rights was not formulated; that there were still persisting patterns of discrimination against women in national legislation; that the minimum wage in Morocco was not sufficient to allow workers to maintain an adequate standard of living for themselves and their families; that there was no legislation in place which afforded protection to those who were employed as domestic workers, especially young girls, who were ill-treated and exploited by their employers; and about the continuing restrictions on the right to strike.
Moreover, the Committee noted with concern the persistent discrimination against children born out of wedlock who were frequently abandoned by their parents; about the high percentage of people living below the poverty line; about the high rate of maternal and infant mortality in Morocco; about the low level of primary school attendance, currently less than 50 per cent of children of both sexes were being regularly educated; and the high illiteracy prevailing in the country.
Among its recommendations, the Committee encouraged Morocco to seek a solution, in cooperation with the United Nations, to the problems impeding the realization of the referendum on the issue of self-determination in the Western Sahara. It strongly recommended that Morocco's obligations under the Covenant be taken into account in all aspects of its negotiations with international financial institutions; Morocco was urged to amend existing legislation that institutionalized discrimination against women; to undertake measures to eliminate the existing significant inequality between the minimum wage afforded to the various categories of workers; to take remedial action in order to ensure that employers were prevented from resorting to child labour and raise the minimum working age from 12 to 15 years; and to undertake measures to eliminate excessive restrictions on the right to strike.
The Committee also recommended that the problem of street children and children born out of wedlock be addressed; that the State party intensify its efforts to address the problem of poverty, especially in the rural areas; that the housing situation be improved; that a national strategy and action plan on health be adopted; that all necessary measures be taken in order to address the problem of the high rate of maternal and infant mortality in Morocco; that access to free and compulsory primary education for all be ensured; and that remedial action to address the persistent problem of the high rate of illiteracy be taken.
The Committee requested that Morocco supply it with additional and more detailed information, including statistical data, on the enjoyment of the rights contained in the Covenant by the Amazigh people, including their right to participate in cultural life in the Moroccan society, as well as to use their own language.
Preliminary Recommendations on Yugoslavia
In the absence of an up-to-date report from Yugoslavia, the Committee sent a letter to the Yugoslav authorities reminding them of their international obligations to submit periodic reports, including one such report to the Committee. While the Committee was fully aware that it could not depart from its own rules of procedure on the one hand, and on the other, could not ignore the present situation in the Federal Republic of Yugoslavia, it had deliberated on how it could be of assistance to the State party during this critical period in its history. The Committee's discussions on that matter were held in public meetings and were observed by two representatives of the Permanent Mission of Yugoslavia upon invitation of the Committee.
The Committee agreed on a number of preliminary recommendations. Among other things, it encouraged the State party to seek specific technical advice and assistance from the Office of the High Commissioner for Human Rights and other agencies in relation to its preparation of its outstanding report to the Committee, and in the creation of a national human rights plan of action. The State party was urged to ensure that national reconstruction occurred on a fair and equitable basis across the country; to speed up the democratization process on the basis of which economic, social and cultural rights could be realized; to facilitate the exercise of the right to self-determination by all peoples of the Republic; to promote positive and harmonious inter-ethnic relations; and to facilitate the return of displaced persons and refugees to their homes under conditions of freedom.
The International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant. Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate
standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (the Russian Federation), Jaime Marchán Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
States Parties to the Covenant
The Covenant has been ratified or acceded to by the following 143 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Former Yugoslav Republic of Macedonia, Finland, France, Gabon, Gambia, Germany, Georgia, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.
* *** *
24th session
1 December 2000
ROUNDUP
Issues Concluding Observations on Reports of Portugal,
Finland, Belgium and Morocco; Preliminary Recommendations to Yugoslavia
The Committee on Economic, Social and Cultural Rights concluded its twenty-fourth session today by issuing its concluding observations and recommendations on how the rights under the International Covenant on Economic, Social and Cultural Rights are protected in Portugal, Finland, Belgium and Morocco, whose reports were considered by the Committee during the three-week session. It also sent preliminary recommendations to Yugoslavia.
These countries are among the 143 States which have acceded to the Covenant and are obligated to periodically submit reports to the Committee to review how the rights enshrined in the treaty are implemented in their societies.
Concerning the situation in Portugal, the Committee commended the country on its efforts to implement the recommendations of the Committee in promoting equality between men and women through a law; and its efforts in promoting the independence of East Timor and the substantial assistance it was providing to the United Nations-administered territory.
The Committee, however, said that it was concerned about the increase of trafficking in women which was linked to organized crime; about the increase in paedophilia and child pornography; and about the relatively high rates of school drop-out and high illiteracy in the country. It recommended, among other things, that Portugal review its general strategy for the eradication of poverty and step up its activities to combat it; and that it intensify its efforts to create a culture of tolerance and to eliminate all forms of discrimination, in so far as they affected women, Roma, asylum seekers and immigrants.
In its concluding observations on the report of Finland, the Committee took note of the favourable economic conditions prevailing in that country, and observed no insurmountable factors or difficulties preventing the State party from effectively implementing the Covenant. It regretted that despite the many initiatives taken by the Government of Finland to combat racial discrimination, racist attitudes prevailed among the population, perpetuating discrimination against minorities and foreigners, especially in employment.
Finland was recommended to finalize its review of the legislation concerning the Sami population with a view to ratifying International Labour Organization (ILO) Convention No. 169; and that it settle the question of Sami land titles as a matter of high priority.
In the report of Belgium, the Committee found as a positive aspect Belgium's positive attitude towards active participation of civil society in promoting and protecting economic, social and cultural rights, including that the State party had invited a representative of a national non-governmental organization to address the Committee during the dialogue.
The Committee expressed deep concern that there was no specific legislation which outlawed acts of xenophobia and racism, and in particular the activities of right-wing racist political parties which were increasingly present on the political scene. It recommended that Belgium take effective measures to combat paedophilia, child prostitution, as well as child pornography and violence against children, and to seek international cooperation in that regard.
And with regard to Morocco, the Committee welcomed the initiative taken by King Mohammed VI and his new Government to further the development of a human rights culture in Morocco and noted with satisfaction the establishment of the Ministry for Human Rights; the set up of a national human rights institution; and the intention of the State party to establish an Office of a National Ombudsman.
The Committee regretted that there had not been a defined solution to the question of self-determination of the Western Sahara; that a comprehensive plan of action on human rights was not formulated; and that there were still persisting patterns of discrimination against women in national legislation. It recommended, among other things, that the problem of street children and children born out of wedlock be addressed; that the State party intensify its efforts to address the problem of poverty, especially in the rural areas; and that all necessary measures be taken in order to address the problem of the high rate of maternal and infant mortality in Morocco.
The Committee had been scheduled to take up the report of Yugoslavia this session, but the State party refrained from sending a Government delegation to present its report. The Committee discussed the report, and noted that the information did not include recent developments and the recent change of Government in the country. The Committee decided to send a letter to the Government of Yugoslavia requesting it to send an up-to-date periodic report. Preliminary recommendations on the report were also offered.
In the recommendations, the Committee urged Yugoslavia to ensure that national reconstruction occurred on a fair and equitable basis across the country; to speed up the democratization process on the basis of which economic, social and cultural rights could be realized; to facilitate the exercise of the right to self-determination by all peoples of the Republic;
to promote positive and harmonious inter-ethnic relations; and to facilitate the return of displaced persons and refugees to their homes under conditions of freedom.
Under its follow-up procedure, the Committee addressed a letter to the State of Israel, requesting it to submit by 31 March 2001 its second periodic report on how it was implementing the provisions of the Covenant as well as additional information on the current situation concerning the occupied Palestinian territories. The Committee said that it was deeply concerned by accounts that Israel's recent actions in the occupied territories had resulted in the widespread and gross violations of Palestinians' economic, social and cultural rights.
Also during its current session, the Committee held a day-long general discussion on article 15.1 (c) of the Covenant concerning the "right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author". The discussion was organized in cooperation with the World Intellectual Property Organization (WIPO) and several inter-governmental agencies and non-governmental organizations contributed to the debate.
The Committee's next session will be held from 23 April to 11 May 2001. During that meeting, the Committee will consider reports from Venezuela, Honduras, China, concerning Hong Kong, the Republic of Korea and Bolivia.
Conclusions and Recommendations on Country Reports
Portugal
The Committee commended Portugal on its efforts to implement its recommendations in promoting equality between men and women through a law; and its efforts in promoting the independence of East Timor and the substantial assistance it was providing to the United Nations-administered territory.
Cited among the Committee's principal subjects of concern was that approximately one fifth of the population of Portugal still lived below the poverty line and that no comprehensive study of the problem of poverty had been undertaken. The Committee was concerned about the lack of a national human rights plan in accordance with the recommendation of the 1993 Vienna Declaration and Programme of Action.
It also expressed concern, among other things, about the occurrence of child labour in breach of Portugal's international obligations; about cases of intolerance of and discrimination against Roma people, refugees and immigrants; that foreign workers could not enrol in the vocational guidance and training courses to which Portuguese workers were entitled; at the persistence of discrimination against women in the fields of employment and equality of wages and opportunity with men; about the increase of trafficking in women which was linked to organized crime; about the increase in paedophilia and child pornography; and the relatively high rates of school drop-out and high illiteracy in the country.
Among its recommendations, the Committee urged Portugal to review its general strategy for the eradication of poverty and step up its activities to combat it; to adopt a national human rights plan of action; to intensify its efforts to create a culture of tolerance and to eliminate all forms of discrimination, in so far as they affected women, Roma, asylum seekers and immigrants; to allow foreigner workers to enrol in the vocational guidance and training courses to which Portuguese workers were entitled; to ensure the stricter application of the legal provisions guaranteeing men and women equal work; to intensify its efforts to prevent drug addiction among young people and impose appropriately effective penalties on persons who committed offences related to paedophilia, child pornography and trafficking in women; and to intensify its campaign against the persisting problem of illiteracy in the country.
Finland
The Committee noted with satisfaction the inclusion of age in Finland's Constitution as a prohibited ground of discrimination; and it welcomed the decrease in unemployment in general, and the fall in youth unemployment in particular. The Committee took note of the favourable economic conditions prevailing in Finland, and observed no insurmountable factors or difficulties preventing the State party from effectively implementing the Covenant.
Among the principal concerns cited by the Committee was the unavailability of data of case law suggesting that the Covenant might by directly invoked before the courts of Finland. In that respect, the Committee was concerned that lawyers and judges might not be sufficiently aware of the rights enshrined in the Covenant. In addition, the Committee noted with concern that in 1999, Finland had devoted only 0,32 per cent of it Gross Domestic Product (GDP) to international cooperation, while the United Nations recommendation in that regard was 0,7 per cent for industrialized countries.
The Committee regretted that despite the many initiatives taken by Finland to combat racial discrimination, racist attitudes prevailed among the population, perpetuating discrimination against minorities and foreigners, especially in employment. It expressed concern about the practical enjoyment by the so-called "stand-by" workers of their labour rights, who allegedly could be laid off without notice. The Committee reiterated its concern that no minimum wage was guaranteed nationally. While welcoming the several studies and projects concerning violence against women carried out in the past few years in Finland, the Committee noted with concern that the phenomenon had reached alarming proportions.
Further concerns noted by the Committee included the lack of affordable accommodation, especially in the Helsinki metropolitan area, for the homeless; the weakening of the public health care system as a result of cuts in the Government's health spending; and that certain municipalities allocated insufficient funds to health care services.
In its suggestions and recommendations, the Committee urged Finland to formulate and implement a national plan of action for the protection and promotion of human rights; encouraged that Finland ensure that all judges and lawyers received further training provided free of charge to familiarize them with the provisions of the Covenant and the General Comments adopted by the Committee; further urged the State party to provide information in its fifth periodic report on the enjoyment of the Roma of their economic, social and cultural rights; and to continue and strengthen its efforts to combat racism and xenophobia.
The Committee recommended, among other things, that the State party review its budget allocation for international cooperation with the view to increasing its contribution in accordance with the United Nations recommendation; that it finalize its review of the legislation concerning the Sami population with a view to ratifying International Labour Organization (ILO) Convention No. 169; and that Finland settle the question of Sami land titles as a matter of high priority.
Moreover, the Committee recommended that Finland ensure that legislative provisions concerning job security were effectively implemented; that comparative statistical data be provided on the extent of violence against women; that adequate resources were afforded to public health services and that the cost of private health care remain affordable to all sectors of society; and that the State party take special care in ensuring the equality of standards in education for all.
Belgium
The Committee found as positive aspects Belgium's positive attitude towards active participation of civil society in promoting and protecting economic, social and cultural rights; and that the delegation of the State party had invited a representative of a national non-governmental organization to address the Committee during the dialogue. It, however, noted with concern that there were no sufficient mechanisms to coordinate and ensure uniformity in complying with Belgium's international human rights obligations at both federal and regional levels.
Among its principal subjects of concern, the Committee regretted that Belgium had not established a comprehensive national plan of action for human rights, and expressed concern about the lack of an independent national human rights institution. The Committee also expressed deep concern that there was no specific legislation, which outlawed acts of xenophobia and racism, and in particular the activities of right-wing racist political parties, which were increasingly present on the political scene, especially in Flanders.
Further, the Committee expressed its concern about the discriminatory effects against women of the so-called 'cohabitation rule' in the unemployment insurance regime; about the persistent gap between the unemployment rate of men and women and the discrepancy in wages between them; about the fact that there was considerable unemployment among young people; about the phenomenon of paedophilia, prostitution of children, as well as child pornography and violence against children; about the significant shortage of social housing in the country; that the State party had not established adequate mechanisms to ensure uniformity in the application of educational standards; and that Belgium devoted only 0,35 per cent of its GDP to international cooperation.
The Committee recommended that, in the next periodic report, Belgium provide more details on the mechanisms adopted to coordinate and ensure uniformity in activities of the various levels of government aimed at complying with international human rights obligations. It urged that Belgium formulate and adopt a comprehensive plan of action for human rights, as called for in paragraph 71 of the 1993 Vienna Declaration and Programme of Action. Belgium was also urged to establish a national human rights institution, in accordance with the Paris Principles of 1991; to take appropriate steps to guarantee fully the direct applicability of the Covenant in the domestic legal order; to adopt measures to ensure that xenophobia, racism and activities of racist organizations, groups or political parties were outlawed; and to revise the 'cohabitation rule' in the unemployment insurance regime in order to eliminate its indirect discriminatory impact on women.
In addition, the Committee recommended, among other things, that Belgium undertake more active measures to address the inequality of employment between men and women; to take effective measures to combat paedophilia, child prostitution, as well as child pornography and violence against children, and to seek international cooperation in that regard; to establish an adequate mechanism to monitor and ensure uniformity of educational standards; and to include in its next report information on the enjoyment of the right to participate in and benefit from cultural life, especially by disadvantaged and marginalized groups.
Morocco
The Committee welcomed the initiative taken by King Mohammed VI and his new Government to further the development of a human rights culture in Morocco and noted with satisfaction the establishment of the Ministry for Human Rights; the set up of a national human rights institution; and the intention of the State party to establish an Office of a National Ombudsman.
Cited among factors and difficulties impeding the implementation of the Covenant were the persistence of traditional practices and attitudes, deeply entrenched in Moroccan society, with regard to women and children hampering the ability of the State party to protect and promote their economic, social and cultural rights. The Committee also noted the difficulties faced by Morocco in complying with its obligations of debt servicing which took up a considerable percentage of the national budget. This impeded the ability of the State party to comply with its obligations under the Covenant.
The Committee was concerned, among other things, that no legislative, judicial and administrative measures had yet been adopted by the State party to give effect to many of the provisions of the Covenant; it regretted that there had not been a defined solution to the question of self-determination of the Western Sahara; that a comprehensive plan of action on human rights was not formulated; that there were still persisting patterns of discrimination against women in national legislation; that the minimum wage in Morocco was not sufficient to allow workers to maintain an adequate standard of living for themselves and their families; that there was no legislation in place which afforded protection to those who were employed as domestic workers, especially young girls, who were ill-treated and exploited by their employers; and about the continuing restrictions on the right to strike.
Moreover, the Committee noted with concern the persistent discrimination against children born out of wedlock who were frequently abandoned by their parents; about the high percentage of people living below the poverty line; about the high rate of maternal and infant mortality in Morocco; about the low level of primary school attendance, currently less than 50 per cent of children of both sexes were being regularly educated; and the high illiteracy prevailing in the country.
Among its recommendations, the Committee encouraged Morocco to seek a solution, in cooperation with the United Nations, to the problems impeding the realization of the referendum on the issue of self-determination in the Western Sahara. It strongly recommended that Morocco's obligations under the Covenant be taken into account in all aspects of its negotiations with international financial institutions; Morocco was urged to amend existing legislation that institutionalized discrimination against women; to undertake measures to eliminate the existing significant inequality between the minimum wage afforded to the various categories of workers; to take remedial action in order to ensure that employers were prevented from resorting to child labour and raise the minimum working age from 12 to 15 years; and to undertake measures to eliminate excessive restrictions on the right to strike.
The Committee also recommended that the problem of street children and children born out of wedlock be addressed; that the State party intensify its efforts to address the problem of poverty, especially in the rural areas; that the housing situation be improved; that a national strategy and action plan on health be adopted; that all necessary measures be taken in order to address the problem of the high rate of maternal and infant mortality in Morocco; that access to free and compulsory primary education for all be ensured; and that remedial action to address the persistent problem of the high rate of illiteracy be taken.
The Committee requested that Morocco supply it with additional and more detailed information, including statistical data, on the enjoyment of the rights contained in the Covenant by the Amazigh people, including their right to participate in cultural life in the Moroccan society, as well as to use their own language.
Preliminary Recommendations on Yugoslavia
In the absence of an up-to-date report from Yugoslavia, the Committee sent a letter to the Yugoslav authorities reminding them of their international obligations to submit periodic reports, including one such report to the Committee. While the Committee was fully aware that it could not depart from its own rules of procedure on the one hand, and on the other, could not ignore the present situation in the Federal Republic of Yugoslavia, it had deliberated on how it could be of assistance to the State party during this critical period in its history. The Committee's discussions on that matter were held in public meetings and were observed by two representatives of the Permanent Mission of Yugoslavia upon invitation of the Committee.
The Committee agreed on a number of preliminary recommendations. Among other things, it encouraged the State party to seek specific technical advice and assistance from the Office of the High Commissioner for Human Rights and other agencies in relation to its preparation of its outstanding report to the Committee, and in the creation of a national human rights plan of action. The State party was urged to ensure that national reconstruction occurred on a fair and equitable basis across the country; to speed up the democratization process on the basis of which economic, social and cultural rights could be realized; to facilitate the exercise of the right to self-determination by all peoples of the Republic; to promote positive and harmonious inter-ethnic relations; and to facilitate the return of displaced persons and refugees to their homes under conditions of freedom.
The International Covenant on Economic, Social and Cultural Rights
The General Assembly adopted and opened the Covenant for signature, ratification and accession in 1966. It entered into force on 3 January 1976.
Article 1 of the Covenant states that the right to self-determination is universal and calls upon States to promote the realization and respect of that right. Article 3 reaffirms the equal right of men and women to the enjoyment of all human rights and enjoins States to make that principle a reality. Article 5 provides safeguards against the destruction or undue limitation of any human right or fundamental freedom, and against misinterpretation of any provision of the Covenant as a means of justifying infringement of a right or freedom or its restriction to a greater extent than provided in the Covenant. It also prevents States from limiting rights already enjoyed within their territories on the ground that such rights are not recognized, or recognized to a lesser extent, in the Covenant. Articles 6 to 15 recognize the right to work; to the enjoyment of just and favourable conditions of work; to form and join trade unions; to social security, including social insurance; to the widest possible protection and assistance for the family, mothers, children and younger persons; to an adequate
standard of living; to the enjoyment of the highest attainable standard of physical and mental health; to an education and to take part in cultural life.
Committee on Economic, Social and Cultural Rights
The Economic and Social Council established the Committee in 1985. Elected by secret ballot from a list of persons nominated by State parties to the Covenant, its 18 members are human-rights experts serving in their personal capacity.
The Committee is composed of the following experts: Mahmoud Samir Ahmed (Egypt), Ivan Antanovich (Belarus), Clement Atangana (Cameroon), Virginia Bonoan-Dandan (Philippines), Dumitru Ceausu (Romania), Oscar Ceville (Panama), Abdessatar Grissa (Tunisia), Paul Hunt (New Zealand), María de los Ángeles Jiménez Butragueño (Spain), Valeri I. Kouznetsov (the Russian Federation), Jaime Marchán Romero (Ecuador), Ariranga Govindasamy Pillay (Mauritius), Kenneth Osborne Rattray (Jamaica), Eibe Reidel (Germany), Walid M. Sa'di (Jordan), Philippe Texier (France), Nutan Thapalia (Nepal), and Javier Wimer Zambrano (Mexico).
States Parties to the Covenant
The Covenant has been ratified or acceded to by the following 143 States: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia, Cyprus, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Former Yugoslav Republic of Macedonia, Finland, France, Gabon, Gambia, Germany, Georgia, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Honduras, Hungary, Iceland, India, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta, Mauritius, Mexico, Moldova, Monaco, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Senegal, Seychelles, Sierra Leone, Slovak Republic, Slovenia, Solomon Islands, Somalia, Spain, Sri Lanka, Sudan, Suriname, Sweden, Switzerland, Syria, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, Ukraine, United Kingdom, United Republic of Tanzania, Uruguay, Uzbekistan, Venezuela, Viet Nam, Yemen, Yugoslavia, Zambia and Zimbabwe.
* *** *