经济、社会和文化权利委员会听取利益攸关方（部分翻译）

经济、社会和文化权利委员会

2014年4月28日

下午

经济、社会和文化权利委员会今日下午听取了国家人权机构和非政府组织代表关于在乌克兰和印度尼西亚落实《经济、社会及文化权利国际公约》规定情况的发言，两国的报告将于本周接受委员会审议。委员会还将在本周审议摩纳哥的报告，但会上没有发言人提到该国状况。

在乌克兰方面，提请委员会注意的问题包括新的反歧视法不够完善，罗姆人和其他少数民族受到持续的权利侵犯，妇女在公共领域代表性不足等问题。打击腐败和侵犯工会权利问题，以及乌克兰发病率和死亡率较高的问题也在讨论中被强调。

在印度尼西亚方面，所提出的问题包括侵犯土著居民权利以及传统土地所有权和林业发展政策方面的争议。印度尼西亚政府为所有印度尼西亚人提供全国健康保障的努力受到了称赞，但缺少设施及保健工作者等领域依然充满挑战。非政府组织也提请委员会注意家庭佣工面对的歧视、妇女受到的基于性别的暴力以及巴布亚省土著人民的状况。

一个非政府组织在一般性声明中谈到了全球所有人的社会保障权，敦促委员会发表一份关于社会保护权利的声明并努力确保该内容被纳入2015年后议程。

以下国家人权机构作了发言：乌克兰议会人权专员、印度尼西亚国家人权委员会和印度尼西亚暴力侵害妇女问题国家委员会。 

以下非政府组织作了发言：印度尼西亚非政府组织联盟、印度尼西亚发展问题国际非政府组织论坛和国际方济会（Franciscans International）。基本社会保护全球联盟（Global Coalition for Social Protection Floors）也作了发言。

委员会将于4月29日（周二）上午10点举行下一次公开会议，届时将开始审议乌克兰的第六次定期报告（E/C.12/UKR/6）。印度尼西亚的首份报告（E/C.12/IDN/1）将在4月30日（周三）下午3点接受审议。委员会还将在本周审议摩纳哥的第二和第三次合并定期报告（E/C.12/MCO/2-3），审议计划于5月2日（周五）上午10点开始。  
 
Ukraine
 
National Human Rights Institution
 
A representative of the Ukrainian Parliament Commissioner for Human Rights said that in 2013 the Office of the Commissioner received almost 40,000 complaints on human rights violations, of which 30 per cent concerned issues covered by the International Covenant on Economic, Social and Cultural Rights.  The Parliament of Ukraine adopted a law titled ‘Prevention and Combating Discrimination in Ukraine’, which entered into force on 4 October 2012.  However, that law did not fully ensure effective access to justice for victims of discrimination, provide means of redress for them nor make perpetrators accountable.  The Commissioner regretted continued problems suffered by the Roma population in Ukraine, exacerbated by the lack of demographics.  The Commissioner welcomed the approval of the strategy for the protection and integration of the Roma national minority into Ukrainian society, but had doubts about the effectiveness of that national plan. 
 
The under-representation of women was a further concern, with the example given that only 9.7 per cent of Members of the Parliament of Ukraine were women.  The Commissioner had observed systematic problems and massive violations of labour rights, and restrictions of the rights of trade unions to initiate collective labour disputes.  The Commissioner also noted a high number of violations regarding the right to a decent standard of living.  The high levels of morbidity and mortality, and World Health Organization statistics which showed that Ukraine held one of the lowest positions in the European region with regard to public health, were highlighted.  Of particular concern was the lack of treatment for socially dangerous diseases such as tuberculosis, HIV/AIDS and viral hepatitis.  All Ukrainians hoped that the new Government which started work two months ago would pay full attention to all of the problems outlines.
 
Questions from Committee Experts on Ukraine
 
Questions were raised about the lack of statistical data on national minority groups and about the implementation of the new anti-discrimination law.  The representative of the Ukrainian Parliament Commissioner for Human Rights said the only statistics available were for all Ukrainian citizens, they were not disaggregated by minority groups, although he would send more detailed data to the Committee following the meeting.  The largest national minority populations in Ukraine were the Tartar and Roma, he noted.  The problem with the implementation of the new anti-discrimination law came down to a lack of funding for its accompanying action plan.  Of course there were many problems in Ukraine, he said, but he hoped that a second reading of a draft law to provide for legislative amendments would address some issues. 
 
An Expert noted that the problem of corruption and its impact on the implementation of the Covenant was not mentioned and asked what steps the new Government was likely to take in general.  The representative replied that the annual report of the Ombudsman of Ukraine was released two weeks ago, containing almost 600 pages on violations of rights, a fifth of which was on violations of economic, social and cultural rights.  Of course those violations could not be remedied in one year, it would take several years of work, but the Ombudsman would do everything within its mandate to push the Government into real reform.  Corruption was a problem in all areas, the representative said, but combating it was indeed beyond the mandate of the Ombudsman.
 
Indonesia
 
National Human Rights Institutions
 
A representative of the National Commission on Human Rights outlined several areas of concern that were mentioned in the Committee’s list of issues.  The free disposal of natural wealth and resources, especially concerning violations of the rights of indigenous populations, was discussed.  Specific problems raised included contested land claims over customary land and the forest development policy.  Anti-discrimination policies developed by the Government were commended, especially efforts to support persons with disabilities, but more needed to be done, the representative said.  The Government of Indonesia’s efforts to provide nationwide healthcare coverage for all Indonesian people was appreciated, but there were three main challenging areas: the lack of facilities and healthcare workers, including doctors and nurses; membership; and socialization and coordination.  The lack of health and medical services for people with mental health problems, including the use of physical restraints due to limited facilities, was also highlighted.
 
A representative of the National Commission on Violence against Women highlighted six key issues.  First, women’s loss of their capacity to support themselves due to violence, which forced them to work in unsafe environments, such as plantation labourers, sex workers or entering into unregistered marriages.  Second, the 342 discriminatory policies identified in the name of religion and morality in the post-autonomy era.  Third, the discrimination faced by women with disabilities, such as polygamy being permitted if a wife was disabled.  Fourth, violence and discrimination as a consequence of sexual orientation and gender identity, and stigma suffered by lesbian, gay, bisexual and transgender persons.  Fifth, the situation of approximately 1,300 Papuan women who were marginalized, impoverished and suffering various forms of violence was raised.  And sixth, exploitation and discrimination suffered by migrant workers, particularly migrant domestic workers.  The Government neglected the National Commission’s report on discrimination faced by women by claiming that cases of violence against women, particularly the sexual abuse of women workers, had decreased.  However, the number of complaints had actually increased, and any data fluctuation was due to the lack of victims reporting complaints. 
 
Non-governmental Organizations
 
Indonesian Non-Governmental Organizations Coalition, speaking on behalf of over 60 non-governmental organizations, made several key recommendations which it hoped the Committee would take into account when drafting its concluding observations.  Their subjects included the exclusion of various social groups, including the poor, women, migrant workers, indigenous people, lesbian, gay, bisexual and transgender people and people living with HIV/AIDS.  They also included people with disabilities, refugees and asylum seekers and religious minorities such as the Ahmadiyah and Syiah communities who had been displaced from their villages.  The improvement of social protection services, particularly maternity services and services for persons with disabilities was badly needed.  The Government was urged to adopt the bill on the protection of domestic workers and ratify International Labour Organization Convention 189 on Decent Work for Domestic Workers.  Other areas of concern highlighted included the violation of the rights of women, indigenous peoples and the need to ensure the right of all children – girls and boys – to formal education.  A lack of access to food security, clean water and adequate sanitation, especially in rural areas, as well as the preservation of cultural heritage by ensuring old buildings were preserved, not demolished, were also raised. 
 
International NGO Forum on Indonesia Development, representing more than 50 organizations, highlighted the situation of religious minorities in Indonesia who had persistently been on the receiving end of multi-layered discrimination, including Ahmadiyah followers in West Nusa Tenggara who had been languishing in refugee camps for the last eight years, the representative said.  On 1 January 2014 Indonesia launched a universal health insurance programme, which was a significant breakthrough.   However, health services had been unable to cope with the sudden influx of patients and the system suffered from weak coordination.  Poor informal-sector workers were left were virtually no form of social protection under the current tariff system.  The high maternal mortality rate of 359 per 100,000 live births, which translated to up to four women in Indonesia dying during pregnancy or childbirth every hour, was also discussed.
 
Franciscans International, in a joint statement with several other non-governmental organizations, made recommendations to the Government of Indonesia on areas including the rights of indigenous peoples, including the recognition of customary land by law, and implementation of the principle of free, prior and informed consent in a meaningful manner for the development and extractive projects in Papua.  The Government was urged to provide awareness-raising programmes and human rights training to women at village levels, and provide shelters and other specialized services to women suffering from all forms of gender-based violence.  Disaggregated data on health service statistics in Papua was needed, in order to show existing health inequalities and form a basis for a specific provincial Papuan health strategy.  The quality of education in disadvantaged areas, especially rural and mountain areas, had to be improved.  Finally, on cultural rights, the Papuan Customary Council should be recognized as a legitimate representative body of the Papuans, the organization said. 
 
Questions from Committee Experts on Indonesia
 
Questions were asked about the number of indigenous peoples living in Indonesia, and in what ways their rights were violated.  An Expert expressed concern about the forestry laws, and said forests were being burned down and destroyed in Indonesia, which not only violated the rights of indigenous persons but also environmental rights.  He also asked about the definition or concept of women. 
 
The representative of the National Commission on Human Rights replied that there was no statistical data on how many Indonesian people were indigenous.  The term ‘indigenous’ did not exist in Indonesian law.  It was controversial and not widely used, as the Government had stated that ‘all Indonesians were indigenous’. The term ‘Masyarakat Adat’ was used instead, meaning ‘customary communities’.  However, civil society estimated that 25 to 30 per cent of the Indonesian population could be considered indigenous using criteria including lifestyle, such as living on ancestral land, the maintenance of tradition to manage land resources differently from the rest of the population, and some communities had their own systems of economics and governance.  A law to protect the rights of those people – known as the Adat communities - was currently being discussed by the Government.  The representative said transgender people – namely men who felt that they were women – was not well recognized or supported, mainly because of traditional attitudes.  
 
General Statement
 
Global Coalition for Social Protection Floors, a coalition of 80 organizations demanding the right to social security for all globally, took the floor and said the right to social security was one of the foundations for inclusive, equitable and sustainable development.  The Coalition appreciated the work of the Committee in holding Member States accountable to the right to social security obligations.  It appealed to the Committee to issue a statement recognizing the International Labour Organization’s Social Protection Floors Recommendation 202 as instrumental to the realization of the right to social security, and urge that social protection floors be included in the post-2015 agenda.  It also recommended the Committee call on States to take appropriate steps to protect and fulfil the right of social security for all individuals, regardless of their social, economic or religious backgrounds.
 
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