经济、社会和文化权利委员会听取利益攸关方关于爱尔兰、智利和乌干达情况的意见（部分翻译）

经济、社会和文化权利委员会

2015年6月8日

经济、社会和文化权利委员会今天上午听取了来自爱尔兰、智利和乌干达的国家人权机构和非政府组织的发言，它们的国别报告将在本周审议。

来自爱尔兰的发言人对衰退和紧缩措施对人权和平等的负面影响，以及政府的选择优先考虑财政整顿并关注对银行业的保护而不考虑这些政策对人权的影响表示关切。因此，最贫穷的百分之十人口经历了在职贫穷，12%的工人生活在贫困线之下，这是很多人面临着的现实，全家人居无定所的情况也不断增多。受2008年以来的公共支出削减影响最严重的是家庭：人权让位于经济上的权宜之计，单亲家庭获得社会保障的机会受限，影响了生活在爱尔兰的四分之一家庭，这些家庭中有一半以上生活在贫困之中。爱尔兰的法律系统性地违反了公约中无神论者和非基督徒的权利，爱尔兰没有通过一部全面的反歧视法的计划。堕胎仍被刑罪化，因为健康受到威胁、胎儿异常、怀孕乃罪行之果或在其他情况下堕胎的妇女仍有被判处14年监禁的风险。

爱尔兰人权和平等委员会以及以下非政府组织也发了言：免费法律咨询中心（Free Legal Advice Centres）、社区法和调解（Community Law and Mediation）、从良妓女诉诸司法研究（Justice for Magdalenes Research）、门槛——国家住房慈善机构（Threshold - The National Housing Charity）、塔拉特三方谈话（Tallaght Trialogue）、爱尔兰无神论者（Atheist Ireland）、爱尔兰计划生育协会（Irish Family Planning Association）、关爱生命运动（Pro Life Campaign）、家庭和生活（Family and Life）以及都柏林大学（University College Dublin）。

在智利，基于性取向的歧视十分常见；它始于教育领域并继续发展到了工作场所；男女同性恋、双性恋和跨性别者通常被完全排除在就业之外。发言人对私有化教育体系中的不平等和社会经济歧视表示关切，60%以上的学生就读于该体系。

来源于军事独裁的1980年宪法没能保护经济、社会及文化权利，也没有承认自决权。智利仍未在宪法上承认土著人民及其权利，在落实土著人磋商相关法律上存在问题。

发言的非政府组织有企业意见（Corporacion Opcion）、经济、社会及文化权利经济、社会及文化权利全球倡议（Global Initiative for Economic, Social and Cultural Rights）、公民观察（Citizens Observatory）和土著人民观察（Indigenous Persons Observatory）。

获得饮用水的权利是乌干达的一大挑战：只有8%的城市居民享有自来水和污水服务，还存在关于2015年新的非政府组织法案旨在通过给予非政府组织董事会过多地裁量权来限制民间社会空间的担忧。侵占土地成为了一个严重的问题；对受影响社区的磋商不足或给予的土地丧失赔偿不足，并因此导致根深蒂固的贫困问题。教育的质量有所下降，弱势群体（比如残疾儿童）继续被落下。一名发言人提到了2014年的反同性恋法案和禁止推动非自然性行为法案对在乌干达生活或工作的男女同性恋、双性恋和跨性别者的保护的负面影响。乌干达应通过和落实一项综合计划来解决露宿街头的儿童的问题，根据区域和国际人权法承认牧民是土著人民，采取措施保护他们的权利，修订法律和行政措施来确保普遍的免费出生登记，将其作为打击童工和早婚现象的一种手段。

发言的有国家经济、社会及文化权利联盟（National Coalition on Economic, Social and Cultural Rights）、人权网络（Human Rights Network）、穆本德/乌干达迫迁社区成员（Evicted Community Members in Mubende/Uganda）、经济、社会及文化权利经济、社会及文化权利全球倡议（Global Initiative for Economic, Social and Cultural Rights）、社会和经济权利倡议（Initiative for Social and Economic Rights）、经济、社会和文化权利联盟（Coalition on Economic, Social and Cultural Rights）、国际法学家委员会（International Commission of Jurists）以及国际方济会（Franciscans International）。

委员会下一次公开会议将于今日下午3点召开，届时开始审议爱尔兰的第三次定期报告（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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