Committee on Economic, Social and Cultural Rights hears from stakeholders on situation in Ireland, Chile and Uganda

Committee on Economic, Social
  and Cultural Rights

8 June 2015

The Committee on Economic, Social and Cultural Rights this morning heard from a national human rights institution and non-governmental organizations from Ireland, Chile and Uganda, whose country reports will be considered this week.

Speakers from Ireland raised concerns about the negative impact of the recession and austerity measures on human rights and equality, and the choices of its Government which prioritized fiscal consolidation and focused on the protection of the banking sector, disregarding the human rights implications of such choices.  As a result, the poorest 10 per cent had suffered, in-work poverty with 12 per cent of workers falling below poverty line was a reality for many, and family homelessness was on the rise.  The most severely impacted by cuts to public expenditure since 2008 were families: rights had been overruled by economic expediency and there was restricted access for one-parent families to social protection, affecting one in four families living in Ireland; more than half of those families lived in deprivation.  Ireland systematically breached the Covenant rights of atheists and non-Christians in its legislation and had no plans to adopt a comprehensive anti-discrimination law.  Abortion remained criminalized and the threat of 14 years imprisonment hanged over women who had abortions because their health was at risk, because of a foetal anomaly, where pregnancy was a result of a crime, or in any other circumstances. 

Speaking were the Irish Human Rights and Equality Commission, and the following non-governmental organizations: Free Legal Advice Centres, Community Law and Mediation, Justice for Magdalenes Research, Threshold - The National Housing Charity, Tallaght Trialogue, Atheist Ireland, Irish Family Planning Association, Pro Life Campaign, Family and Life, and University College Dublin.

In Chile, discrimination on the basis of sexual orientation was frequent; it started in the education sector and continued into the workplace; lesbian, gay, bisexual, transgender and intersex persons were often completely excluded from employment.  Speakers raised concern about the inequality and socio-economic discrimination of the privatised education system, attended by more than 60 per cent of students.
The 1980 Constitution which had sprung from the military dictatorship failed to protect economic, social and cultural rights and to recognize the right to self-determination.  Chile still failed to constitutionally recognize indigenous peoples and their rights, and there were problems in the implementation of the legislation on the indigenous consultation. 

The non-governmental organizations that spoke were Corporacion Opcion, Global Initiative for Economic, Social and Cultural Rights, Citizens Observatory, and Indigenous Persons Observatory.

The right to water in Uganda was a big challenge: piped water and sewage services were available to only eight per cent of urban dwellers, and there were concerns that the new 2015 Non-Governmental Organization Bill sought to limit the civil society space by providing too much discretionary powers to the Non-Governmental Organization Board.  Land grabbing had become a serious issue; the affected communities had not been adequately consulted or compensated for the loss of land, and had suffered entrenched poverty as a result.  The quality of education had declined and vulnerable groups such as children with disabilities continued to be left behind.  A speaker raised concern about the detrimental impact of the Anti-Homosexuality Act 2014 and the Prohibition of Promotion of Unnatural Sexual Practices Bill on the protection of lesbian, gay, bisexual, transgender and intersex persons living or working in the country.  Uganda should adopt and implement a comprehensive plan to deal with the problem of street children, recognize pastoralists as indigenous peoples in line with regional and international human rights law and take steps to protect their rights, and revise its legislation and administrative procedures to ensure universal and free birth registration also as a mean to combat child labour and early marriages.

Speaking were National Coalition on Economic, Social and Cultural Rights, Human Rights Network, Evicted Community Members in Mubende/Uganda, Global Initiative for Economic, Social and Cultural Rights, Initiative for Social and Economic Rights, Coalition on Economic, Social and Cultural Rights, International Commission of Jurists, and Franciscans International.

The next public meeting of the Committee will be at 3 p.m. this afternoon when it will start its consideration of the third periodic report of Ireland (E/C.12/IRL/3).

Discussion with a National Human Rights Institution and Non-Governmental Organizations
 
Statements on Ireland

EMILY LOGAN, Chief Commissioner, Irish Human Rights and Equality Commission, said concerning austerity measures that Ireland had suffered negative human rights and equality implications from both a Troika programme of fiscal consolidation and the choices of its Government in that context.  Prioritizing fiscal consolidation while disregarding the human rights implications of those choices was not in compliance with the Covenant.  There was a concern about weak accountability mechanisms where the State delivered its functions through private, non-State actors; examples were Direct Provision centres for asylum seekers, nursing homes of older people, day and residential services for persons with intellectual disabilities and care services for children, many of which were run on a profit basis.  In-work poverty was a reality for many households, with approximately 12 per cent of workers falling below the poverty line.  Women’s rights still fell short of full equality, which was visible in the gender pay gap and lower participation rates in employment, with a lack of adequate childcare acting as a clear barrier to equal employment of women.  The rise of family homelessness and the overall lack of social housing had been significantly exacerbated by the recession and Government choices in this regard.  Ireland had still not ratified the Convention on the Rights of Persons with Disabilities, who faced barriers in the enjoyment of their right to health, education, employment and housing.

Free Legal Advice Centres, on behalf of the Our Voice Our Rights Consortium, said that the poorest 10 per cent had suffered the most from the recession, as a result of choices made by the Government which had focused on the protection of the banking sector and the State.  There was no framework within which human rights must be formally considered and accounted for.  The Covenant was not a part of the domestic law and economic, social and cultural rights were guiding principles only.  There was lack of disaggregated data including in relation to ethnicity, gender and incidences of domestic violence which made it impossible for the State to measure the current state of rights or progress made.  Ireland should put in place a clear, practical long-term strategy, with resources, to address educational disadvantage including specific plans for persons with disabilities, migrants, Travellers and Roma.  

Community Law and Mediation said that since austerity measures had commenced, rights had been overruled by economic expediency.  New rules had restricted access for one-parent families to social protection, affecting one in four families living in Ireland; more than half of those families lived in deprivation.  The most severely impacted by cuts to public expenditure since 2008 were families.  The new Social Welfare and Pensions Act 2015 made it more difficult to address income support and there was concern that very little time was allocated in the Oireachtas (Irish Parliament), to review and debate the social welfare legislation that affected the basic living standard of so many in the State.

Justice for Magdalenes Research drew the Committee’s attention to continuing violations of rights affecting women imprisoned between 1922 and 1996 in Catholic church-run institutions known as Magdalene Laundries, where many of the 10,000 women had been sent from State schools, courts, child protection agencies and public health authorities.  The Government refused to investigate this abuse and rejected claims of torture or criminal treatment.  Also, the Government refused to provide some of the health care services it had promised, and also failed to provide support for educational and housing assistance.

Threshold - The National Housing Charity said Ireland was experiencing a housing crisis, characterised by unresolved legacy of mortgage arrears, an increase in demand for housing and an insufficient supply of housing.  An acute shortage of social and affordable housing was undermining the ability of disadvantaged social groups to access adequate housing, which had resulted in a marked increase in the number of homeless families.  The housing needs of persons with disabilities had been undermined by cuts and restrictions imposed on mobility allowances, personal assistant supports, and housing adaptation grants.

Tallaght Trialogue said that the Committee should ask Ireland to resource empowering mental health supports respectful of human rights and prioritise non coercive forms of health, and alternative pathways to recovery based on peer support.  Ireland had failed to repeal the nineteenth century law which continued to deny thousands of people their human rights and fundamental freedoms, and remained one of only three European Union Member States not to have ratified the Convention on the Rights of Persons with Disabilities.

Atheist Ireland said that Ireland repeatedly ignored United Nations recommendations to respect the rights of atheists and non-Christians, and failed to guarantee the rights within the Covenant without discrimination, particularly in the education system.  Ireland systematically breached the Covenant rights of atheists and non-Christians in the Education Act, Admission to Schools Bill, Equal Status Act, Employment Equality Act, Civil Registration Act, religious oaths for political and legal jobs, blasphemy law, abortion law and the lack of an effective remedy.  Ireland had no plans to adopt comprehensive anti-discrimination laws, and its Constitution was incompatible with the Covenant and there was no effective remedy through the courts to vindicate the rights guaranteed by the Covenant.

Irish Family Planning Association said abortion remained criminalized and the threat of 14 years imprisonment hanged over women who had abortions because their health was at risk, because of a foetal anomaly, where pregnancy was a result of a crime, or in any other circumstances.  Women in Ireland were discriminated against in their enjoyment of the right to health.

Pro Life Campaign said that the protections accorded under Irish domestic law to the right to life of the unborn child were based on the profound moral and ethical values expressed by the people of Ireland in three referenda.  Pressure to change Irish law in this area should not proceed on the basis that there was a “right” to abortion; the Irish legal position, that the unborn child had human rights, should be afforded the highest deference as confirmed by the European Court for Human Rights.

Family and Life said that abortion was not a matter that came within the remit of the Committee, and that the Covenant contained no right to abortion.  Any attempt to “liberalize” abortion in Ireland by amending the law to provide for exceptions, including in cases of rape, incest and risks to the health of the mother, would be gravely discriminatory to those unborn children affected, for it would treat them as non-persons under the law, and violate their right to life.

University College Dublin said that asylum seekers were barred from all social payments and denied the right to work, and placed in an administrative system known as direct provision.  Asylum seekers were accommodated in communal centres, in which they could spend a very long time, sometimes up to seven years.  The habitual residence condition impacted the right to social security and social assistance: victims of domestic violence, asylum seekers, returning Irish immigrants, Travellers, all faced risks of destitution through non-access to core social assistance payments such as child benefit, one parent family payment, supplementary welfare allowance and others.

Statements on Chile

Corporacion Opcion said that discrimination on the basis of sexual orientation was frequent; it started in the education sector and continued into the workplace; lesbian, gay, bisexual, transgender and intersex persons were often completely excluded from employment.  Public policies must promote an education free from stereotype and promote respect for sexual orientation and gender identity of all persons, and Chile should adopt the Bill on Gender Identity.

Global Initiative for Economic, Social and Cultural Rights raised concern about the right to education in Chile and the impact of the privatised education system in the country.  Private-school enrolment now represented more than 60 per cent of total enrolment, but this system was very segregated on socio-economic grounds which had long-lasting discriminatory effects.  Education was supposed to be en enabling right to all other economic, social and cultural rights, but the level of inequality and systemic discrimination in the education system in Chile constituted a grave violation of the rights to education and to non-discrimination protected under the Covenant.

Citizens Observatory said that unemployment rates were still higher for women than men and that 40 per cent of those working were not covered with any form of labour legislation.  Although the health expenditure had been increased, the health expenditure budget was funded about 40 per cent.  The 1980 Constitution which had sprung from the military dictatorship had failed to protect economic, social and cultural rights and to recognize the right to self-determination.  There was concern about the free trade agreements signed with over 60 countries which were signed without any consultation with citizens or with indigenous peoples in particular. 

Indigenous Persons Observatory said that Chile still failed to constitutionally recognize indigenous peoples and their rights, and there were problems in the implementation of the legislation on the indigenous consultation.  There was police violence against indigenous communities and perpetrators were still not held accountable.  Indigenous peoples suffered disproportionate rates of poverty and literacy, and public policies which restricted the space for indigenous languages, had led in the drop in their use.  Chile should fully recognize the rights of indigenous peoples and tailor its legislation to that effect.

Statements on Uganda

National Coalition on Economic, Social and Cultural Rights said that there was a soaring increase in unemployment and under-employment.  The right to water was a big challenge: piped water and sewage services were available to only eight per cent of urban dwellers.  Despite the existing progressive laws and policies on the rights of the family, efforts were lacking to fully protect the family and Uganda should adopt and implement a comprehensive plan to deal with the problem of street children, aiming to rehabilitate them and reintegrate them into family environments. 

Human Rights Network said that there were gaps in the policy and legal framework concerning the right to food; the Food and Nutrition Bill had been crafted with an human rights based approach in 2008, but was yet to be passed.  The 2015 Non-Governmental Organization Bill sought to limit civil society space by providing too many discretionary powers to the Non-Governmental Organization Board, especially in relation to “disciplining”, registration and revocation of operating permits.  It also established a highly securitised monitoring system across all levels of administration and subjected civil society organizations to scrutiny in the aspect of how “prejudicial their work was to national security”.

Evicted community members in Mubende/Uganda said that the eviction of 401 families from four villages in Mubende district to give way to Kaweri Coffee Plantation had been violent, abrupt and without any form of compensation provided or any alternative for survival.  It had been conducted by the Ugandan Army.  The group had been struggling for redress for 14 years.

The Global Initiative for Economic, Social and Cultural Rights, speaking in a joint statement, said that while the right to land was constitutionally protected, land grabbing had become a serious issue in Uganda.  The affected communities had not been adequately consulted or compensated for the loss of land, and had suffered entrenched poverty as a result.  Land grabbing had led to increased conflicts over land, especially in the oil rich Albertine region of the country.  Lack of transparency and the failure to obtain free prior and informed consent of the affected communities were of serious concern.

Initiative for Social and Economic Rights said that although increased access had been achieved in Uganda, there was agreement in the country that the quality of education had declined and that vulnerable groups such as children with disabilities continued to be left behind. There was a concern about the rapid state of privatization of education, with approximately 27 per cent of primary students and 66 per cent of secondary school students in private schools.  Uganda should treat education as a public good and provide free, quality and universal education for all.

Coalition on Economic, Social and Cultural Rights, also on behalf of the Coalition of Pastoralist Civil Society Organizations, said that pastoralists in Uganda were indigenous communities who were disadvantaged due to their loss of land rights to conservation and development projects.  Uganda should recognize pastoralists as indigenous peoples in line with regional and international human rights law and take steps to protect their rights; implement a new National Land Policy 2013 which would guarantee and protect land rights of pastoralists; and pass the draft Rangeland Management and Pastoralism Policy, in consideration since 2006, which envisaged sustainably managed, economically productive and environmentally stable rangeland resources for improved livelihoods.

International Commission of Jurists spoke about the detrimental impact of the Anti-Homosexuality Act 2014 and the Prohibition of Promotion of Unnatural Sexual Practices Bill on the protection of lesbian, gay, bisexual, transgender and intersex persons living or working in the country.  The Committee should urge Uganda to take measures to realize access to employment and equal treatment in the employment context, provide remedies for violations of the right to adequate housing including forced evictions committed in the aftermath and as a consequence of the enactment of the Anti-Homosexuality Act, and ensure the right to health and improve access to HIV/AIDS services.

Franciscans International was concerned about birth registration as a means to combat child labour and early marriage, even if the newly established sms system increased the rate of birth notification.  The current legislation did not adequately reflect economic and social realities of Uganda and retained the long and complicated process of obtaining birth registration certificates which entailed travelling to regional capitals and fees.  The Committee should recommend Uganda to revise its legislation and administrative procedures to ensure universal and free birth registration.

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