经济、社会和文化权利委员会

2013年11月29日

经济、社会和文化权利委员会今天举行与成员国的会谈，向成员国介绍会议进程以及增强委员会工作效率和效力方面措施。 
 
委员会主席兹齐斯瓦夫•凯吉亚（Zdzislaw Kedzia）表示，缔约国的报告中都提到了经济和金融危机以及相关的紧缩措施，这也是全球各个国家面临的一大挑战。委员会经常听闻这一危机对享有经济、社会及文化权利的影响。危机以及经济增长乏力可能阻碍经济、社会及文化权利的逐步实现甚至导致其后退。任何满足以下条件非临时的危机期紧缩措施以及政策调整都应视为与公约一致，如果措施必需且正当；如果措施没有歧视性且步骤确保弱势群体和边缘人士以及群体的权利没有受到不均等的影响。
 
缔约国对会议增强了交流和委员会为了促进和保护全球经济、社会及文化权利（尤其是妇女的权利）的努力表示欢迎。他们也分享了对积压的国家报告的担忧并表示有必要加强委员会的运作效率。一缔约国询问委员会应如何进一步分享良好做法，良好做法可能有助于保护经济、社会及文化权利。
 
中国、韩国、委内瑞拉、摩尔多瓦共和国以及泰国在讨论中发言。
 
委员会专家表示，很高兴能有机会有成员国举行会谈并希望这种对话可以成为委员会议程的常设项目。关于成员国在国家层面如何落实建议，委员会不断优化并改进其工作方法，以加强关于跟进成员国对话这一薄弱环节的建设。发展的权利是委员会必然要承担的一项议题。本届会议决定发表与经济、社会及文化权利密切相关的发展权的一般性意见。

委员会将于今天下午3点复会，在闭会前通过科威特、阿尔巴尼亚、比利时、波斯尼亚和黑塞哥维那、吉布提、白俄罗斯、埃及、加蓬、奥地利和挪威报告的结论性意见和建议，本届会议审议了以上各国的报告。

Statements
 
ZDZISLAW KEDZIA, Committee Chairperson, said it was important to listen to the delegations to learn about their reflections and concerns.  The intention of this meeting was to brief the States parties and other Member States about this session of the Committee and the steps taken to enhance the efficiency and efficacy of its work.  With regards to highlights of this session, with regards to reporting, the Committee had considered the reports of Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Djibouti, Egypt, Gabon, Kuwait and Norway.  Some of the reports were submitted on time and others with considerable delay.  This delay made the dialogue and exchange between the Committee and the Member States more difficult.  This irregularity, it could be said with a great deal of certainty, negatively affected the reporting system.  However, the delayed submission of reports did not prevent the Committee from having very interesting and fruitful dialogues. 
 
On reporting, there was a theme which appeared and which was a challenge for States parties in various regions and this was the economic and financial crisis and the related austerity measures.  The Committee was quite often confronted with references to the impact of this crisis on the enjoyment of economic, social and cultural rights.  The Committee continued to draw attention to its views as expressed in a letter to all parties in May 2011.  Crisis and lack of economic growth may impede the progressive realization of economic, social and cultural rights and in some case could lead to retrogression.  Any austerity measures and policy adjustments should meet the following requirements, which were still valid and topical: austerity measures or policy adjustments should be seen as compatible with the Covenant only if they were temporary, for the period of crisis; if they were necessary and proportionate; if such measures were not discriminatory and comprised steps to ensure that the rights of disadvantaged and marginalized individuals and groups were not disproportionately affected; and if in the framework of decisions concerning austerity measures the minimum core content of economic, social and cultural rights was identified and that decisions were taken to ensure protection of this core content at all times. 
 
An issue that was more and more visible during debates, which was interestingly tackled by delegations and also of great interest to the Committee, was the various aspects of the globalization process and its impact on economic, social and cultural rights.  The Covenant placed emphasis on international cooperation that should strengthen the capacities needed for the implementation of economic, social and cultural rights. 
 
In relation to methods of work, in May delegations were informed that the Committee had to be able to adjust its methods of work to evolving needs and requirements.  At present there were 161 ratifications of the Covenant, a 5 year reporting cycle, in principle two regular three-week sessions of the Committee, and a backlog of reports waiting for examination that went beyond 40.  The Committee was under pressure.  The Committee had proposed to the Economic and Social Council a strategic solution for this problem and appreciation was expressed for the Council’s understanding of this proposed solution, composed of two elements, namely eliminating and reducing the backlog and preventing the backlog from growing. 
 
China welcomed this meeting to enhance exchanges.  It commended the efforts made by Member States to promote the implementation of the Covenant and supported the Committee in its impartial objectives and constructive recommendations to Member States to effectively implement the Covenant.  China attached great importance to the implementation of the Covenant and had submitted, in June 2010, its second periodic report.  China expected a positive and constructive dialogue with the Committee on the implementation of the Covenant next year.
 
Republic of Korea appreciated the strong effort put forward by the Committee to promote and protect economic, social and cultural rights around the world, particularly those of women.  It shared concerns on the backlog of national reports and felt the need to strengthen the functioning of the Committee.  It also hoped the intergovernmental process in New York would draw substantive conclusions to strengthen the efficiency and functioning of the treaty body system.
 
Venezuela said that it recognized the contribution made by the Committee in striving for economic, social and cultural rights and thought that concluding observations and  recommendations and general comments were very important.  It welcomed the position of the Committee on austerity policies.  Venezuela had taken legislative and administrative measures in this respect.  It welcomed this opportunity to have a constructive dialogue with the Committee. 
 
Republic of Moldova welcomed the recent entry into force of the Optional Protocol and said the Republic of Moldova was considering at the national level the findings of a feasibility study on the process of ratifying the instrument.  The Committee had finalized rules of procedures for the examination under the Optional Protocol, and was particularly interested in methodology.
 
Thailand sought the views of the Committee on ways and means to further share good practices that may be deemed useful in the protection of economic, social and cultural rights.  Taking into account emphasis made with respect to the importance of the right to development, the Committee’s views were also sought on the mainstreaming of the right to development in the Committee’s work.    
 
A Committee member was happy to be given an opportunity to meet with States parties and hoped that today’s dialogue would be a standing item on the Committee’s agenda.  In respect to how States parties implemented recommendations at the domestic level, the Committee constantly perfected and fine-tuned its methods of work to strengthen an area considered to be weak and not fully fulfilled, which was follow-up after dialogue with a State party.  This work should be done in conjunction with the State.  The Committee had strengthened the role of the Country Rapporteur.
 
On the right to development, a Committee Expert said this was an issue that would certainly be shouldered by the Committee.  During this session, it was decided that a general comment ought to be issued on the right to development, a very important issue when considering economic, social and cultural rights.
 
Another Committee member said the Covenant was bountiful with right to development-related provisions, such as the right to work, education and adequate living standards, among others.  The Committee had issued a statement on the pertinence and relevance of the Covenant to the right to development on the occasion of the twenty-fifth anniversary of the United Nations Declaration on the Right to Development.  The Committee had also decided during this session to draft a general comment on the relationship between the Covenant and issues relating to the environment and development.
 
A Committee member said, on sharing of good practices, that the Committee was very interested in having examples of good practices in States’ reports.  In concluding observations, there was a section highlighting the positive aspects.  The more such examples were provided in reports, the easier it would be to highlight and use them.
 
Another Committee member recalled that this had been a very intensive session.  The Committee had in no way wavered when it came to preparation, quality and quantity of work.  An extension of work had been requested and if this was granted, the Committee would be able to deliver even more tangible results.  Attention was drawn to the fact that the Committee had already started consideration of individual communications under the Optional Protocol.
 
ZDZISLAW KEDZIA, Committee Chairperson, said that the Optional Protocol rules of procedure, from the procedural aspect and consideration of communications, were similar to those of other instruments.  The Committee had drawn on the experience of other Committees and had tried to adjust what was done to its own needs.  The problem was not so much procedural but that the implementation of the Covenant gave rise to some very specific, substantive problems of which the Committee was aware and was preparing itself for.  It wished to benefit from cross- regional and regional settings.  It was noted that there was a capacity challenge in doing this.

The Chairperson expressed on behalf of all members of the Committee thanks to all the delegates present.  This was a demonstration of interest in the Committee’s work, which was extremely important not only for its work but for the implementation of rules of procedures in general.  Gratitude and warm feelings were also expressed, for expressions of confidence made to the Committee.  This meeting was one element of a chain of meetings, started last May, and it was hoped that this practice would continue, with equal interest from delegations, in coming sessions.  With regards to the strengthening of treaty bodies, these deserved to be strengthened and thanks were expressed for intentions to offer support for this process, and for the determination to act towards this end.  
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