General Documents Not Relating To Specific States - Annual and Sessional Reports - CESCR

CONTENTS

Paragraphs Page

ABBREVIATIONS7

Chapter

I.DRAFT DECISIONS RECOMMENDED FOR ADOPTION BY THE

ECONOMIC AND SOCIAL COUNCIL8

II.ORGANIZATIONAL AND OTHER MATTERS 1 - 199

A.States parties to the Covenant 19

B.Sessions and agenda 2 - 39

C.Membership and attendance 4 - 69

D.Pre-sessional working group 7 - 910

E.Officers of the Committee 1011

F.Organization of work11 - 1411

G.Next session 1512

H.States parties' reports scheduled for

consideration by the Committee at its

twelfth session16 - 1712

I.Composition of the pre-sessional working

group18 - 1912

Twelfth session 1812

Thirteenth session 1912

III.OVERVIEW OF THE PRESENT WORKING METHODS OF

THE COMMITTEE20 - 5113

A.General guidelines for reporting 2113

B.Examination of States parties' reports22 - 3713

C.Procedures in relation to follow-up action38 - 4016

D.Procedure in response to non-submitted

and considerably overdue reports41 - 4318

E.Day of general discussion 4418

F.Other consultations45 - 4719

G.General comments48 - 5119

GE.95-15452 (E)

CONTENTS (continued)

Paragraphs Page

Chapter

IV.SUBMISSION OF REPORTS BY STATES PARTIES UNDER

ARTICLES 16 AND 17 OF THE COVENANT 52 - 5521

V.CONSIDERATION OF REPORTS SUBMITTED BY

STATES PARTIES UNDER ARTICLES 16 AND 17

OF THE COVENANT 56 - 36222

Tenth session

Uruguay (arts. 1-15) 64 - 8223

Romania (arts. 13-15) 83 - 10026

Morocco (arts. 1-15)101 - 12428

Iraq (arts. 13-15)125 - 14332

Belgium (arts. 1-15)144 - 15834

Kenya (arts. 1-15)159 - 16437

Mauritius165 - 18537

The Gambia186 - 20542

Dominican Republic206 - 21045

Panama211 - 21546

Philippines216 - 22046

Eleventh session

Argentina (arts 6-12)221 - 24247

Austria (arts. 6-9, 13-15)243 - 26350

United Kingdom of Great Britain and

Northern Ireland (arts. 10-12, 13-15)264 - 30452

Suriname (arts. 1-15)305 - 30859

Dominican Republic309 - 33559

Mali336 - 35564

Panama356 - 36268

CONTENTS (continued)

Paragraphs Page

Chapter

VI.DAY OF GENERAL DISCUSSION363 - 39070

Tenth session, 16 May 1994: The role of social

safety nets as a means of protecting economic,

social and cultural rights, with particular

reference to situations involving major structural

adjustment and/or transition to a free market

economy363 - 39070

VII.REVIEW OF METHODS OF WORK OF THE COMMITTEE391 - 41776

A.Decisions adopted by the Committee at its

tenth session391 - 40376

B.Decisions adopted by the Committee at its

eleventh session404 - 41778

VIII.ADOPTION OF THE REPORT 41882

Annexes

I.States parties to the Covenant and status of submission

of reports83

II.Membership of the Committee on Economic, Social and

Cultural Rights96

III.A. Agenda of the tenth session of the Committee on

Economic, Social and Cultural Rights (2-20 May 1994)97

B.Agenda of the eleventh session of the Committee on

Economic, Social and Cultural Rights

(21 November-9 December 1994)97

IV.General Comment No. 5 (1994) Persons with disabilities99

V.The World Summit for Social Development and the

International Covenant on Economic, Social and

Cultural Rights.

Statement of the Committee on Economic, Social and

Cultural Rights (tenth session)110

CONTENTS (continued)

Page

Annexes (continued)

VI.Economic, Social and Cultural Rights in the context of

the World Summit for Social Development

Statement of the Committee on Economic, Social and

Cultural Rights (eleventh session)114

VII.A.List of States parties' delegations which participated

in the consideration of their respective reports by

the Committee on Economic, Social and Cultural Rights

at its tenth session116

B.List of States parties' delegations which participated

in the consideration of their respective reports by

the Committee on Economic, Social and Cultural Rights

at its eleventh session118

VIII.A.List of documents of the Committee at its

tenth session121

B.List of documents of the Committee at its

eleventh session122

ABBREVIATIONS

FAOFood and Agriculture Organization of the United Nations

GDPGross domestic product

IBRDInternational Bank for Reconstruction and Development (World Bank)

ILOInternational Labour Organization

International Labour Office

IMFInternational Monetary Fund

MERCOSURMercado Común del Sur

UNDPUnited Nations Development Programme

UNESCOUnited Nations Educational, Scientific and Cultural Organization

UNHCROffice of the United Nations High Commissioner for Refugees

UNICEFUnited Nations Children's Fund

UNRISDUnited Nations Research Institute for Social Development

WHOWorld Health Organization

Chapter I

Eleventh session

DRAFT DECISIONS RECOMMENDED FOR ADOPTION BY THE

ECONOMIC AND SOCIAL COUNCIL

DRAFT DECISION I

Extraordinary additional session for the Committee

on Economic, Social and Cultural Rights

The Economic and Social Council, noting the backlog of States parties' reports awaiting consideration by the Committee on Economic, Social and Cultural Rights, and being aware that such a situation seriously undermines the effectiveness and threatens the credibility of the system for monitoring the implementation of the International Covenant on Economic, Social and Cultural Rights, authorizes, on an exceptional basis, the holding of an extraordinary additional session, of three weeks' duration, of the Committee in the second half of 1995. Additionally, the Council authorizes a special five-day meeting of the Committee's pre-sessional working group, to be held immediately following the conclusion of the Committee's twelfth session, in order to prepare for the consideration of States parties' reports during the extraordinary additional session of the Committee.

DRAFT DECISION II

Payment of honoraria to members of the Committee

on Economic, Social and Cultural Rights

The Economic and Social Council, recalling its decision 1993/297 of 28 July 1993, in which it endorsed the recommendation of the Committee on Economic, Social and Cultural Rights that payment should be authorized to each member of the Committee of an honorarium equivalent to that payable to the members of other relevant treaty bodies, such as the Human Rights Committee, notes that no action has yet been taken on this matter by the General Assembly in response to that decision. In order to avoid continuing delays in this matter the Council urges the General Assembly to give speedy attention to this matter.

Chapter II

ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Covenant

1.As at 9 December 1994, the closing date of the eleventh session of the Committee on Economic, Social and Cultural Rights, 129 States had ratified or acceded to the International Covenant on Economic, Social and Cultural Rights which was adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966. The Covenant entered into force on 3 January 1976 in accordance with the provisions of its article 27. A list of States parties to the Covenant is contained in annex I to the present report.

B. Sessions and agenda

2.The Committee on Economic, Social and Cultural Rights, at its eighth session, requested the Economic and Social Council to authorize, on an exceptional basis, the holding of an additional session of the Committee in the first half of 1994. The Economic and Social Council, by its decision 1993/296 of 28 July 1993, endorsed the Committee's recommendation. Accordingly, in 1994, the Committee held its tenth session from 2 to 20 May and its eleventh session from 21 November to 9 December. Both sessions were held at the United Nations Office at Geneva. The agenda for each session is shown in annex III to the present report.

3.An account of the Committee's deliberations at its tenth and eleventh sessions is contained in the relevant summary records (E/C.12/1994/SR.1-28 and E/C.12/1994/SR.29-56, respectively).

C. Membership and attendance

4.All members of the Committee, except Mr. Abdel Halim Badawi and Mr. Alexandre Muterahejuru, attended the tenth session. Mr. Kenneth Osborne Rattray attended only part of the session. All members of the Committee, except Mr. Abdel Halim Badawi, Mr. Alexandre Muterahejuru and Mr. Kenneth Osborne Rattray, attended the eleventh session.

5.The following specialized agencies and United Nations organs were represented by observers at the tenth session: ILO, UNESCO, WHO and UNDP; at the eleventh session: ILO, WHO, UNESCO, UNHCR and UNICEF.

6.The following non-governmental organizations in consultative status with the Economic and Social Council were represented by observers at the tenth session:

Category II:Habitat International Coalition and International Service for Human Rights;

and at the eleventh session:

Category I:World Federation of United Nations Associations;

Category II:Habitat International Coalition, International Service for Human Rights, Women's International League for Peace and Freedom;

Roster:Foodfirst Information and Action Network (FIAN).

D. Pre-sessional working group

7.The Economic and Social Council, in its resolution 1988/4 of 24 May 1988, authorized the establishment of a pre-sessional working group composed of five members to be appointed by the Chairman to meet for up to one week prior to each session. By decision 1990/252 of 25 May 1990 the Council authorized the meetings of the working group to be held one to three months prior to a session of the Committee.

8.The Chairperson of the Committee, in consultation with the members of the Bureau, designated the following individuals as members of the pre-sessional working group to meet.

Prior to the tenth session:

Mr. Abdessatar GRISSA

Mrs. Luvsandanzangiin IDER

Mrs. María de los Angeles JIMENEZ BUTRAGUEÑO

Mr. Valeri KOUZNETSOV

Mr. Alexandre MUTERAHEJURU

Prior to the eleventh session:

Mr. Philip ALSTON

Mrs. Virginia BONOAN-DANDAN

Mr. Abdessatar GRISSA

Mr. Dumitru CEAUSU

Mr. Javier WIMER ZAMBRANO

9.The pre-sessional working group held its meetings at the United Nations Office at Geneva from 13 to 15 December 1993 and from 27 June to 1 July 1994, respectively. All members of the working group attended its meetings. The working group identified issues that might most usefully be discussed with the representatives of the reporting States and lists of such questions were transmitted to the permanent missions of the States concerned.

E. Officers of the Committee

10.The following members of the Committee, elected for a term of two years in accordance with rule 14 of the Committee's rules of procedure, continued to serve as members of the Committee's Bureau:

Chairperson:Mr. Philip ALSTON

Vice-Chairpersons:Mr. Juan ALVAREZ VITA

Mr. Alexandre MUTERAHEJURU

Mrs. Margerita VYSOKAJOVA

Rapporteur: Mrs. Virginia BONOAN-DANDAN

F. Organization of work

Tenth session

11.The Committee considered its organization of work at its 1st meeting on 2 May, 3rd meeting on 3 May, 5th and 6th meetings on 4 May, 7th meeting on 5 May, 14th meeting on 10 May, and 28th meeting on 20 May 1994. In connection with this item, the Committee had before it the following documents:

(a)Draft programme of work for the tenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1994/L.1);

(b)Reports of the Committee on the work of its first (E/1987/28), second (E/1988/14), third (E/1989/22), fourth (E/1990/23), fifth (E/1991/23), sixth (E/1992/23), seventh (E/1993/22), eighth and ninth sessions (E/1994/23).

12.In accordance with rule 8 of its rules of procedure, the Committee at its 1st meeting on 2 May 1994 considered the draft programme of work for its tenth session and approved it, as amended during consideration (see E/C.12/1994/L.1/Rev.1).

Eleventh session

13.The Committee considered its organization of work at its 29th meeting on 21 November, 31st meeting on 22 November, 37th and 38th meetings on 25 November, 41st meeting on 29 November, 43rd and 44th meetings on 30 November, 45th and 46th meetings on 1 December, 47th meeting on 2 December, 50th and 51st meetings on 6 December, 52nd and 53rd meetings on 7 December, 55th meeting on 8 December and 56th meeting on 9 December 1994. In connection with this item, the Committee had before it the following documents:

(a)Draft programme of work for the eleventh session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1994/L.2);

14.In accordance with rule 8 of its rules of procedure, the Committee at its 29th meeting on 21 November 1994 considered the draft programme of work for its eleventh session and approved it, as amended during consideration (see E/C.12/1994/L.2/Rev.1).

G. Next session

15.In accordance with established schedule, the twelfth session would take place from 1 to 19 May 1995.

H. States parties' reports scheduled for consideration

by the Committee at its twelfth session

16.The Committee at its 51st meeting on 6 December 1994, decided that the following States parties' reports would be considered at its twelfth session:

Initial reports concerning articles 1 to 15 of the Covenant

Republic of KoreaE/1990/5/Add.19

SurinameE/1990/5/Add.20

Initial reports concerning articles 10 to 12 of the Covenant

PhilippinesE/1986/3/Add.17

Second periodic reports concerning articles 13 to 15 of the Covenant

PortugalE/1990/6/Add.6

Third periodic reports concerning articles 1 to 15 of the Covenant

SwedenE/1994/104/Add.1

17.The Committee would also review the implementation of article 11.1 (right to housing) of the Covenant by Panama.

I. Composition of the pre-sessional working group

Twelfth session

18.Mr. J. Alvarez Vita, Mrs. V. Ahodikpe, Mrs. Jiménez Butragueño, Mr. V. Kouznetsov and Ms. C. Taya.

Thirteenth session

19.Mr. J. Alvarez Vita, Mrs. V. Ahodikpe, Mr. D. Ceausu, Mrs. V. Bonoan-Dandan and Mr. B. Simma.

Chapter III

OVERVIEW OF THE PRESENT WORKING METHODS OF THE COMMITTEE

20.This chapter of the Committee's report aims at providing a concise and up-to-date overview and explanation of the ways in which the Committee on Economic, Social and Cultural Rights carries out its various functions. It is designed to make the Committee's current practice more transparent and readily accessible so as to assist States parties and others interested in the implementation of the Covenant. Since its first session, in 1987, the Committee has made a concerted effort to devise appropriate working methods which adequately reflect the nature of the tasks with which it has been entrusted. In the course of its 11 sessions it has sought to modify and develop these methods in the light of its experience. It may be expected that these methods will continue to evolve, taking account of: the introduction of the reporting system which requires that a single global report be submitted every five years, the evolution of the procedures developing within the treaty regime as a whole and the feedback which the Committee receives from States parties and the Economic and Social Council.

A. General guidelines for reporting

21.The Committee attaches major importance to the need to structure the reporting process and the dialogue with each State party's representatives in such a way as to ensure that the issues of principal concern to it are dealt with in a methodical and informative manner. For this purpose the Committee has substantially revised its reporting guidelines with a view to assisting States in the reporting process and improving the effectiveness of the monitoring system as a whole. The Committee strongly urges all States parties to report to it in accordance with the guidelines to the greatest extent possible. It notes that, over the course of time, the guidelines adopted at its fifth session (E/1991/23, annex IV) may be revised to take account of its experience therewith.

B. Examination of State parties' reports

1.Work of the pre-sessional working group

22.Since the third session, a pre-sessional working group has met, usually for five days, prior to each of the Committee's sessions. It is composed of five members of the Committee nominated by the Chairperson, taking account of the desirability of a balanced geographical distribution.

23.The principal purpose of the working group is to identify in advance the questions which might most usefully be discussed with the representatives of the reporting States. The aim is to improve the efficiency of the system and to facilitate the task of States' representatives by providing advance notice of many of the principal issues which will arise in the examination of the reports (E/1988/14, para. 361).

24.It is generally accepted that the complex nature and diverse range of many of the issues raised in connection with the implementation of the Covenant constitutes a strong argument in favour of providing States parties with the possibility of preparing in advance to answer some of the principal questions arising out of their reports. Such an arrangement also enhances the likelihood that the State party will be able to provide precise and detailed information.

25.In terms of its own working methods, the working group, in the interests of efficiency, allocates to each of its members initial responsibility for undertaking a detailed review of a specific number of reports and for putting before the group a preliminary list of issues. The decision as to how the reports should be allocated for this purpose is based in part on the preferred areas of expertise of the member concerned. Each draft is then revised and supplemented on the basis of observations by the other members of the group and the final version of the list is adopted by the group as a whole. This procedure applies equally to both initial and periodic reports.

26.In preparation for the pre-sessional working group, the Committee has asked the secretariat to place at the disposal of its members a country analysis as well as all pertinent documents containing information relevant to each of the reports to be examined. For this purpose the Committee has invited all concerned individuals, bodies and non-governmental organizations to submit relevant and appropriate documentation to the secretariat. It has also asked the secretariat to ensure that certain types of information are regularly placed in the relevant files.

27.In order to ensure that the Committee is as well informed as possible, it provides opportunities for non-governmental organizations to submit relevant information to it. They may do this in writing at any time, in accordance with the appropriate Economic and Social Council procedures. The Committee's pre-sessional working group is also open to the submission of information in person or in writing from any non-governmental organizations, provided that it relates to matters on the agenda of the working group. In addition, the Committee sets aside part of the first afternoon at each of its sessions to enable representatives of non-governmental organizations to provide oral information. Such information should: (a) focus specifically on the provisions of the Covenant on Economic, Social and Cultural Rights; (b) be of direct relevance to matters under consideration by the Committee; (c) be reliable; and (d) not be abusive. The relevant meeting is open and provided with interpretation services, but is not covered by summary records.

28.As from its eleventh session, the Committee requests the secretariat to ensure that any written information formally submitted to it by individuals or non-governmental organizations in relation to the consideration of a specific State party report, be made available as soon as possible to the representative of the State concerned.

29.The lists of issues drawn up by the working group are given directly to a representative of the States concerned, along with a copy of the Committee's most recent report and with a note stating, inter alia, the following:

"The list is not intended to be exhaustive and it should not be interpreted as limiting or in any other way prejudging the type and range of questions which members of the Committee might wish to ask. However, the working group believes that the constructive dialogue which the Committee wishes to have with the representatives of the State party can be facilitated by making the list available in advance of the Committee's session. In order to improve the dialogue that the Committee seeks, it strongly urges each State party to provide in writing its replies to the list of issues and to do so sufficiently in advance of the session at which its report will be considered, to enable the replies to be translated and made available to all members of the Committee."

30.In addition to the task of formulating the lists of questions, the pre-sessional working group is also entrusted with a variety of other tasks designed to facilitate the work of the Committee as a whole. These have in the past included: discussing the most appropriate allocation of time for the consideration of each State report; considering the issue of how best to respond to supplementary reports containing additional information; examining draft general comments; considering how best to structure the day of general discussion; and other relevant matters.

2.Presentation of the report

31.In accordance with the established practice of each of the United Nations human rights treaty monitoring bodies, representatives of the reporting States are entitled, and indeed are strongly encouraged, to be present at the meetings of the Committee when their reports are examined. The following procedure was followed in this regard at the Committee's ninth session. The representative of the State party was invited to introduce the report by making brief introductory comments and introducing any written replies, or otherwise responding orally, to the list of issues drawn up by the pre-sessional working group. A period of time was then allocated to enable the representatives of the specialized agencies to provide the Committee with any observations relevant to the report under consideration. During the same period, members of the Committee were invited to put questions and observations to the representative of the State party. A further period of time, preferably not on the same day, was then allocated to enable the representative to respond, as precisely as possible, to the questions asked. It was generally understood that questions that could not adequately be dealt with in this manner could be the subject of additional information provided to the Committee in writing.

32.The final phase of the Committee's examination of the report consists of the drafting and adoption of the Committee's concluding observations. The Committee has agreed that, as from its tenth session, this task will be approached in the following way. Within a day or so of the completion of the dialogue with the State party's representatives, the Committee will set aside a 30-minute period, in closed session, to enable its members to express their preliminary views. The member with primary responsibility in relation to the State party concerned will then prepare, with the assistance of the secretariat, a draft set of concluding observations for consideration by the Committee. The agreed structure of the concluding observations is as follows: introduction; positive aspects; factors and difficulties impeding the implementation of the Covenant; principal subjects of concern; and suggestions and recommendations. At a later stage, the Committee then discusses the draft, again in private session, with a view to adopting it by consensus.

33.The concluding observations are formally adopted in public session on the final day of the session. As soon as this occurs they are considered to have been made public and are available to all interested parties. They are then forwarded to the State party concerned and included in the Committee's report. If it so wishes, the State party may address any of the Committee's concluding observations in the context of any additional information that it provides to the Committee.

34.When considering reports based on the previous reporting cycle and dealing with only three articles of the Covenant, the Committee has endeavoured to make the most of the very limited time available in which to undertake a constructive and mutually rewarding dialogue with the representatives of the States parties. This has generally involved an effort to remain within a time-limit for each phase of the examination, on the basis that only one meeting (three hours) can generally be devoted to each report.

35.Since the new reporting periodicity was endorsed by the Economic and Social Council in 1988, the Committee decided at its ninth session that the interim arrangements it had made to facilitate the transition by States parties to the new periodicity would no longer apply as from 1 January 1995. From that date on, all reports submitted to the Committee should be comprehensive reports covering all the provisions of the Covenant in accordance with the reporting guidelines.

36.In general, the Committee devotes three meetings (of three hours each) to its consideration of each global report (dealing with arts. 1-15). While the use of the time available varies from one case to another, a reasonably typical allocation is as follows: between one and two hours for the State party representatives to introduce the report and explain the answers provided in advance in writing to the Committee's list of written questions; up to three hours for the members of the Committee to make comments and pose additional questions; up to three hours (at a meeting held the following day) for the representatives of the State party to respond to the additional questions and for further clarification of issues raised; one hour towards the end of the session for the Committee to discuss, in private, its concluding observations.

3.Deferrals of the presentation of reports

37.Last-minute requests by States to defer the presentation of a report which has been scheduled for consideration at a particular session are extremely disruptive for all concerned and have caused major problems for the Committee in the past. Accordingly, the Committee's policy as from its eighth session is not to grant such requests and to proceed with its consideration of all scheduled reports, even in the absence of a representative of the State concerned.

C. Procedures in relation to follow-up action

38.In situations in which the Committee considers that additional information is necessary to enable it to continue its dialogue with the State party concerned, there are several options that might be pursued:

(a)The Committee might note that specific issues should be addressed in a detailed manner in the State party's next periodic report, which would normally be due in five years' time;

(b)The Committee might take note specifically of the State party's stated intention to submit additional information in writing, particularly in response to questions posed by the members of the Committee;

(c)The Committee might specifically request that additional information, relating to matters that it would identify, be submitted to the Committee within six months, thus enabling it to be considered by the pre-sessional working group. In general, the working group could recommend one or another of the following responses to the Committee:

(i)That it take note of such information;

(ii)That it adopt specific concluding observations in response to that information;

(iii)That the matter be pursued through a request for further information; or

(iv)That the Committee's Chairperson be authorized to inform the State party, in advance of the next session, that the Committee would take up the issue at its next session and that, for that purpose, the participation of a representative of the State party in the work of the Committee would be welcome.

(d)The Committee might determine that the receipt of additional information is urgent and request that it be provided within a given time-limit (perhaps two to three months). In such a case the Chairperson, in consultation with the members of the Bureau, could be authorized to follow up the matter with the State party if no response is received or if the response is patently unsatisfactory.

39.In situations in which the Committee considers that it is unable to obtain the information it requires on the basis of the above-mentioned procedures, it may decide to adopt a different approach instead. In particular, the Committee may, as has already been done in connection with two States parties, request that the State party concerned accept a mission consisting of one or two members of the Committee. Such a decision would only be taken once the Committee had satisfied itself that there was no adequate alternative approach available to it and that the information in its possession warranted such an approach. The purposes of such an on-site visit would be: (a) to collect the information necessary for the Committee to continue its constructive dialogue with the State party and to enable it to carry out its functions in relation to the Covenant; and (b) to provide a more comprehensive basis upon which the Committee might exercise its functions in relation to articles 22 and 23 of the Covenant concerning technical assistance and advisory services. The Committee would state specifically the issue(s) with respect to which its representative(s) would seek to gather information from all available sources. The representative(s) would also have the task of considering whether the programme of advisory services administered by the Centre for Human Rights could be of assistance in connection with the specific issue at hand.

40.At the conclusion of the visit, the representative(s) would report to the Committee. In the light of the report presented by its representative(s), the Committee would then formulate its own conclusions. Those conclusions would relate to the full range of functions carried out by the Committee, including those relating to technical assistance and advisory services. In a case where the State party concerned did not accept the proposed mission, the Committee would consider making whatever recommendations might be appropriate to the Economic and Social Council.

D. Procedure in response to non-submitted and

considerably overdue reports

41.The Committee believes that a situation of persistent non-reporting by States parties risks bringing the entire supervisory procedure into disrepute, thereby undermining one of the foundations of the Covenant.

42.Accordingly, the Committee resolved at its sixth session to begin in due course to consider the situation concerning the implementation of the Covenant in respect of each State party whose initial or periodic reports were very significantly overdue. At its seventh session it resolved to begin scheduling consideration of such reports at its future sessions and to notify the States parties concerned. It began to apply this procedure at its ninth session.

43.The Committee has adopted the following procedure:

(a)To select States parties whose reports are very much overdue on the basis of the length of time involved;

(b)To notify each such State party that the Committee intends to consider the situation with respect to that country at a specified future session;

(c)To move, in the absence of any report, to consider the status of the economic, social and cultural rights in the light of all available information;

(d)To authorize its Chairperson, in situations where the State party concerned indicates that a report will be provided to the Committee and upon a request from the State party, to defer consideration of the situation for one session but not longer.

E. Day of general discussion

44.At each session, the Committee devotes one day, usually the Monday of the third week, to a general discussion of a particular right or of a particular aspect of the Covenant. The purpose is twofold: the day assists the Committee in developing in greater depth its understanding of the relevant issues; and it enables the Committee to encourage inputs into its work from all interested parties. The following issues have been the focus of discussion: the right to adequate food (third session); the right to housing (fourth session); economic and social indicators (sixth session); the right to take part in cultural life (seventh session); the rights of the ageing and elderly (eighth session); the right to health (ninth session); the role of social safety nets (tenth session); and human rights education (eleventh session).

F. Other consultations

45.The Committee has sought to coordinate its activities with those of other bodies to the greatest extent possible and to draw as widely as it can upon available expertise in the fields of its competence. For this purpose, it has consistently invited individuals such as special rapporteurs of the

Sub-Commission on Prevention of Discrimination and Protection of Minorities, chairpersons of Commission on Human Rights working groups and others to address it and engage in discussions.

46.The Committee has also sought to draw upon the expertise of the relevant specialized agencies and United Nations organs, both in its work as a whole and, more particularly, in the context of its general discussions.

47.In addition, the Committee has invited a variety of experts who have a particular interest in, and knowledge of, some of the issues under review, to contribute to its discussions. These contributions have added considerably to its understanding of some aspects of the questions arising under the Covenant.

G. General comments

48.In response to an invitation addressed to it by the Economic and Social Council, the Committee decided to begin, as from its third session, the preparation of general comments based on the various articles and provisions of the International Covenant on Economic, Social and Cultural Rights with a view to assisting the States parties in fulfilling their reporting obligations.

49.By the end of its eleventh session, the Committee and the Sessional Working Group of Governmental Experts which existed prior to the creation of the Committee had examined 152 initial reports, 71 second periodic reports concerning rights covered by articles 6 to 9, 10 to 12 and 13 to 15 of the Covenant and 16 global reports. This experience covered a significant number of States parties to the Covenant, which consisted of 126 States at the end of the ninth session. They represented all regions of the world, with different political, legal, socio-economic and cultural systems. Their reports submitted so far illustrated many of the problems which might arise in implementing the Covenant, although they had not yet provided any complete picture of the global situation with regard to the enjoyment of economic, social and cultural rights.

50.The Committee endeavours, through its general comments, to make the experience gained so far through the examination of those reports available for the benefit of all States parties in order: to assist and promote their further implementation of the Covenant; to draw the attention of the States parties to insufficiencies disclosed by a large number of reports; to suggest improvements in the reporting procedures and to stimulate the activities of the States parties, the international organizations and the specialized agencies concerned in achieving progressively and effectively the full realization of the rights recognized in the Covenant. Whenever necessary, the Committee may, in the light of the experience of States parties and of the conclusions which it had drawn therefrom, revise and update its general comments.

51.The Committee has so far adopted the following general comments: General Comment No. 1 (1989) on reporting by States parties; General Comment No. 2 (1990) on international technical assistance measures; General Comment No. 3 (1990) on the nature of States parties' obligations; General Comment No. 4 (1991) on the right to adequate housing; and General Comment No. 5 (1994) on the rights of persons with disabilities.

Chapter IV

SUBMISSION OF REPORTS BY STATES PARTIES UNDER

ARTICLES 16 AND 17 OF THE COVENANT

52.In accordance with rule 58 of its rules of procedure, the Committee at its 50th meeting on 6 December 1994, considered the status of submission of reports under articles 16 and 17 of the Covenant.

53.In that connection, the Committee had before it the following documents:

(a)Note by the Secretary-General on the revised general guidelines regarding the form and contents of reports to be submitted by States parties (E/C.12/1991/1);

(b)Note by the Secretary-General on States parties to the Covenant and the status of submission of reports as at 1 August 1994 (E/C.12/1994/11).

54.The Secretary-General informed the Committee that in addition to the reports scheduled for consideration by the Committee at its eleventh session (see para. 60 below), he had received, as at 1 December 1994, the reports submitted under articles 16 and 17 of the Covenant by the following States parties:

Second periodic report on articles 1 to 15 of Portugal (E/1990/6/Add.6); initial report on articles 10 to 12 of the Philippines (E/1986/3/Add.17); third periodic reports on articles 1 to 15 of Sweden (E/1994/104/Add.1), Colombia (E/1994/104/Add.2), Norway (E/1994/104/Add.3), Ukraine (E/1994/104/Add.4), Spain (E/1994/104/Add.5); initial reports of Mauritius (E/1990/5/Add.21), Algeria (E/1990/5/Add.22) and Paraguay (E/1990/5/Add.23).

55.In accordance with rule 57, paragraph 1, of the Committee's rules of procedure, a list of States parties together with an indication of the status of submission of their reports is contained in annex I to the present report. In accordance with rule 57, paragraph 2, the Committee made a number of recommendations to the Economic and Social Council which are included in chapters I and VII of the present report.

Chapter V

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES

UNDER ARTICLES 16 AND 17 OF THE COVENANT

Tenth session

56.At its tenth session, the Committee examined six reports submitted by six States parties under articles 16 and 17 of the Covenant and reviewed the implementation of the provisions of the Covenant in Mauritius and the Gambia in accordance with the decision taken at its ninth session. It devoted 20 meetings to the consideration of these reports (E/C.12/1994/SR.3 to 12, 14 to 17, 22 to 26 and 28).

57.The reports before the Committee at its tenth session were the following:

Second periodic reports concerning articles 13 to 15 of the Covenant

RomaniaE/1990/7/Add.14

IraqE/1990/7/Add.15

Initial reports concerning articles 1 to 15 of the Covenant

UruguayE/1990/5/Add.7

MoroccoE/1990/5/Add.13

BelgiumE/1990/5/Add.15

KenyaE/1990/5/Add.17

58.In accordance with rule 62 of the Committee's rules of procedure, representatives of all the reporting States were invited to participate in the meetings of the Committee when their reports were examined. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports. The review of the implementation of the provisions of the Covenant in Mauritius and the Gambia was carried out in the absence of the representatives from those States parties.

Eleventh session

59.At its eleventh session, the Committee examined seven reports submitted by four States parties under articles 16 and 17 of the Covenant. It devoted 16 of the 28 meetings it held during the eleventh session to the consideration of these reports (E/C.12/1994/SR.31 to 37, 39 to 41 and 50 to 55).

60.The following reports were before the Committee at its eleventh session:

Second periodic reports concerning articles 10 to 12 of the Covenant

United Kingdom of Great Britain

and Northern Ireland: DependentE/1986/4/Add.27

TerritoriesE/1986/4/Add.28

Second periodic reports concerning articles 13 to 15 of the Covenant

United Kingdom of Great Britain

and Northern IrelandE/1990/7/Add.16

Initial reports concerning articles 1 to 15 of the Covenant

Argentina (arts. 6-12)E/1990/5/Add.18

SurinameE/1990/5/Add.20

Second periodic reports concerning articles 6 to 9

and 13 to 15 of the Covenant

AustriaE/1990/6/Add.5

Additional information submitted by States parties to the Covenant

following the consideration of their reports by the Committee

United Kingdom of Great Britain

and Northern IrelandE/1989/5/Add.9

61.At its 29th meeting on 21 November 1994, the Committee agreed, at the request of the Government of the Republic of Korea, to postpone to its twelfth session the consideration of the initial report of that State party (E/1990/5/Add.19) concerning articles 1 to 15 of the Covenant.

62.In accordance with rule 62 of the Committee's rules of procedure, representatives of all the reporting States were invited to participate in the meetings of the Committee when their reports were examined. All the States parties, with the exception of Suriname, whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports. In accordance with a decision adopted by the Committee at its second session, the names and positions of the members of each State party's delegation are listed in annex VII to the present report.

63.At its eighth session the Committee had decided to discontinue its practice of including in its annual report summaries of the consideration of country reports. In accordance with modified rule 57 of the Committee's rules of procedure, the annual report should contain, inter alia, the concluding observations of the Committee relating to each State party's report. Accordingly, the following paragraphs arranged on a country-by-country basis according to the sequence followed by the Committee in its consideration of the reports contain the concluding observations adopted by the Committee with respect to the States parties' reports considered at its tenth and eleventh sessions.

Tenth session

URUGUAY

64.The Committee considered the initial report of Uruguay (E/1990/5/Add.7) at its 3rd, 4th, 6th and 13th meetings on 3, 4 and 10 May and, at its 25th meeting on 19 May 1994, adopted the following concluding

observations.

A. Introduction

65.The Committee expresses its appreciation to the State party for submitting a report in September 1991 and a core document in 1992. However, it regrets the delay between the submission of the report and its consideration by the Committee, owing to the State party's request to defer that consideration for two sessions. The Committee also regrets that certain matters were not fully clarified during the initial dialogue with the State party. The Committee therefore requests the State party to provide it with written replies on the problems identified and to transmit that information to the Centre for Human Rights by 30 September 1994.

B. Positive aspects

66.The Committee notes with satisfaction that a number of rights guaranteed by the Covenant have been incorporated in Uruguay's legislation, and in particular its Constitution. It also takes note of the concrete measures taken to comply with the obligations laid down in the Covenant. In that connection, it welcomes the progress made by the State party in ensuring free primary education for all and in making secondary and higher education free of charge and more accessible to all. In addition, the Committee notes with satisfaction that the State party has adopted social security measures aimed

at offsetting the adverse consequences for the enjoyment of economic, social

and cultural rights of the economic recession and the structural adjustments

entailed by Uruguay's accession to the MERCOSUR economic agreement.

67.The Committee also regards the steps taken by the State party to provide further training to unemployed persons as a positive development.

C. Factors and difficulties impeding the

implementation of the Covenant

68.The Committee notes the economic difficulties encountered by the State party, particularly the high rate of inflation, which impede the full implementation of economic, social and cultural rights.

D. Principal subjects of concern

69.The Committee is concerned about the apparent lack of measures to enable workers' and employers' organizations to participate in the discussions on the determination of minimum wages for public-sector employees and agricultural workers for the period 1990-1994.

70.The Committee would welcome clarification of the restrictions on the right to strike introduced by Act No. 13,720 of December 1968, as amended by Decree-Law No. 14,781 of 8 June 1978, and would appreciate receiving further details of the application of those provisions between the return to democracy and 1994. It would also wish to be informed of any bill regulating the exercise of the right to strike, since paragraph 104 of the State party's report indicated that such a bill would be submitted shortly.

71.The Committee would appreciate additional information on the measures taken to raise the minimum working age and to prevent or combat the exploitation of child labour. To that end, it would welcome information on the actual situation regarding the distribution of free school meals and the concrete measures taken to reduce truancy.

72.With regard to the implementation of article 11 of the Covenant, and more particularly the right to housing, the Committee is concerned about the shortage of housing in relation to demand and the high level of rents, particularly affecting the most vulnerable groups of society. It would appreciate having additional information on these two points.

73.The Committee is concerned about the standard of living of persons in rural areas, particularly those close to borders with neighbouring countries, and would welcome further information on their full access to economic, social and cultural rights.

74.The Committee is concerned about the impact of inflation on the enjoyment of an adequate standard of living. It would appreciate receiving specific information on the evaluation of average wage rates in relation to the cost of living since 1990.

75.The Committee considers that it has not been given enough information on access to health, drinking water, care and education by minority groups living in Uruguay, as well as access by such groups to various types of employment, inter alia in the public service.

76.The Committee is greatly concerned about the serious deterioration of teachers' salaries in terms of purchasing power, by the conflictual nature of relations between teachers and the State and by the apparent ineffectiveness of the measures taken to remedy that situation.

E. Suggestions and recommendations

77.In the light of the information submitted by the delegation and of other available sources, the Committee considers that Uruguay is making appreciable efforts to observe the economic, social and cultural rights provided for in the Covenant. However, the report submitted by the State party is not sufficiently precise or complete to give a comprehensive account of those efforts. Consequently, the Committee would wish to receive supplementary replies to the questions raised in part D above.

78.In addition, the Committee asks the State party to consider the possibility of ratifying the Protocol of San Salvador additional to the American Convention on Human Rights.

79.The Committee urges the State party to take measures to eliminate all forms of discrimination. In this connection it draws the Government's attention to its General Comment No. 3 (1990) dealing with the nature and scope of States parties' obligations under the Covenant.

80.With respect to the implementation of article 7 of the Covenant, and in the light of the comments made by the ILO on compliance with the requirements of the Minimum Wage Fixing Convention, No. 131, the Committee calls upon the State party to take steps with a view to establishing the national minimum wage for agricultural workers and public-sector employees in consultation with employers' and workers' representatives.

81.The Committee recommends that the State party should adopt urgent measures to increase the purchasing power of teachers' salaries and take that recommendation into account in the next budget of the national five-year plan.

82.The Committee urges the State party to take steps to improve health care for people living in areas distant from the capital, in particular by extending its primary health-care programme.

ROMANIA

83.The Committee considered the second periodic report of Romania on articles 13-15 of the Covenant (E/1990/7/Add.14) at its 5th, 7th and 13th meetings on 4, 5 and 10 May and, at its 25th and 26th meetings on 19 May 1994, adopted the following concluding observations.

A. Introduction

84.The Committee thanks the Government of Romania for its report, which was prepared in accordance with its revised general guidelines, and for submission of the core document forming part of the reports of States parties (HRI/CORE/1/Add.13). At the same time, the Committee notes that the written information, provided by the Government in reply to the questions set out in the list of issues (E/C.12/1994/WP.2) communicated to it in December 1993, was not provided to the Committee sufficiently in advance to make possible its translation into all the working languages of the Committee, thus making more difficult access for the Committee's members to the wealth of additional information contained therein. The supplementary information provided by the representatives of the State party and the strong efforts made by the delegation to respond to the questions raised by the Committee's members made possible an open, frank and constructive dialogue between the State party and the Committee.

B. Positive aspects

85.The Committee notes with appreciation that the content of the written report and of its oral presentation differ considerably, for the better, from the consideration of Romania's report on articles 10 to 12 in 1988. The new approach of the Government of Romania to international cooperation in the field of human rights, as manifested during the present session, opens new avenues for effective cooperation between the Committee and the State party within the framework of the International Covenant on Economic, Social and Cultural Rights.

86.The Committee welcomes the efforts made by the State party to carry out a number of programmes and reforms designed to solve the serious economic, social and cultural problems being encountered by the country in its transition to a market economy and to a pluralist democratic political system based on the rule of law and respect for human rights.

87.The Committee appreciates the willingness and the readiness of the Government to cooperate with various regional and global intergovernmental and non-governmental institutions in the field of human rights. In this context, it takes particular note of the cooperation between the Government of Romania and the Unite