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

E/1996/22

E/C.12/1995/18

COMMITTEE ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS

REPORT ON THE TWELFTH AND THIRTEENTH SESSIONS

(1-19 May 1995, 20 November-8 December 1995)

ECONOMIC AND SOCIAL COUNCIL

OFFICIAL RECORDS, 1996

SUPPLEMENT No. 2

UNITED NATIONS

E/1996/22

E/C.12/1995/18

COMMITTEE ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS

REPORT ON THE TWELFTH AND THIRTEENTH SESSIONS

(1-19 May 1995, 20 November-8 December 1995)

ECONOMIC AND SOCIAL COUNCIL

OFFICIAL RECORDS, 1996

SUPPLEMENT No. 2

UNITED NATIONS

New York and Geneva, 1996

NOTE

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document.

E/1996/22

E/C.12/1995/18

CONTENTS

Paragraphs Page

ABBREVIATIONS7

Chapter

I.DRAFT RESOLUTION AND DECISIONS RECOMMENDED FOR

ADOPTION BY THE ECONOMIC AND SOCIAL COUNCIL8

II.ORGANIZATIONAL AND OTHER MATTERS1 - 1910

A.States parties to the Covenant1 10

B.Sessions and agenda2 - 310

C.Membership and attendance4 - 610

D.Pre-sessional working group7 - 911

E.Election of officers10 12

F.Organization of work11 - 1412

G.Next session15 13

H.States parties' reports scheduled for

consideration by the Committee at its

fourteenth session16 - 1713

I.Composition of the pre-sessional working group

Fourteenth session18 13

Fifteenth session19 13

III.OVERVIEW OF THE PRESENT WORKING METHODS OF THE

COMMITTEE20 - 5114

A.General guidelines for reporting21 14

B.Examination of States parties' reports22 - 3714

C.Procedures in relation to follow-up action38 - 4017

D.Procedure in response to non-submitted and

considerably overdue reports41 - 4319

E.Day of general discussion44 19

F.Other consultations45 - 4720

G.General comments48 - 5120

GE.96-15405 (E)

CONTENTS (continued)

ChapterParagraphs Page

IV.SUBMISSION OF REPORTS BY STATES PARTIES UNDER

ARTICLES 16 AND 17 OF THE COVENANT52 - 5522

V.CONSIDERATION OF REPORTS SUBMITTED BY STATES

PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT56 - 31223

Twelfth session

Republic of Korea (arts. 1-15)64 - 8524

Portugal (arts. 1-15)86 - 10028

Philippines (arts. 10-12)101 - 13330

Sweden (arts. 1-15)134 - 14835

Suriname (arts. 1-15)149 - 17237

Thirteenth session

Colombia (arts. 1-15)173 - 20241

Norway (arts. 1-15)203 - 22745

Mauritius (arts. 1-15)228 - 24747

Ukraine (arts. 1-15)248 - 27750

Algeria (arts. 1-15)278 - 30554

Panama306 - 31258

VI.DAY OF GENERAL DISCUSSION313 - 34459

A.Eleventh session, 5 December 1994: Human

rights education and public information

activities relating to the International

Covenant on Economic, Social and Cultural

Rights313 - 33859

B.Twelfth session, 15 May 1995: The

interpretation and practical application of

the obligations incumbent on States parties

to the International Covenant on Economic,

Social and Cultural Rights339 - 34464

CONTENTS (continued)

ChapterParagraphs Page

VII.REVIEW OF METHODS OF WORK OF THE COMMITTEE345 - 39866

A.Decisions adopted by the Committee at its

twelfth session345 - 36866

B.Decisions adopted by the Committee at its

thirteenth session369 - 39871

VIII.ADOPTION OF THE REPORT399 79

Annexes

I.States parties to the Covenant and status of submission of

reports80

II.Membership of the Committee on Economic, Social and Cultural

Rights94

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

Economic, Social and Cultural Rights (1-19 May 1995)95

B.Agenda of the thirteenth session of the Committee

on Economic, Social and Cultural Rights

(20 November-8 December 1995)95

IV.General Comment No. 6 (1995): The economic, social and

cultural rights of older persons97

V.Report on the technical assistance mission to Panama of the

Committee on Economic, Social and Cultural Rights108

VI.Fourth World Conference on Women: Action for Equality,

Development and Peace. Statement of the Committee on

Economic, Social and Cultural Rights133

VII.Letter addressed by the Chairperson of the Committee on

Economic, Social and Cultural Rights to Mr. Wally N'Dow,

Assistant Secretary-General, United Nations Centre for

Human Settlements (Habitat)136

VIII.United Nations Conference on Human Settlements (Habitat II):

Statement of the Committee on Economic, Social and Cultural

Rights140

CONTENTS (continued)

Annexes (continued) Page

IX.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 twelfth session144

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 thirteenth session147

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

twelfth session150

B.List of documents of the Committee at its

thirteenth session151

ABBREVIATIONS

AIDSAcquired immune deficiency syndrome

ECLACEconomic Commission for Latin America and the Caribbean

FAOFood and Agricultural Organization of the United Nations

GDPGross domestic product

HIVHuman immunodeficiency virus

ILOInternational Labour Organisation

IMFInternational Monetary Fund

OECDOrganisation for Economic Cooperation and Development

PAHOPan American Health Organization

UNDPUnited Nations Development Programme

UNESCOUnited Nations Educational, Scientific and Cultural Organization

UNFPAUnited Nations Population Fund

UNHCROffice of the United Nations High Commissioner for Refugees

UNICEFUnited Nations Children's Fund

WHOWorld Health Organization

World BankInternational Bank for Reconstruction and Development

Chapter I

DRAFT RESOLUTION AND DECISIONS RECOMMENDED FOR ADOPTION

BY THE ECONOMIC AND SOCIAL COUNCIL

Twelfth session

DRAFT RESOLUTION

Annual sessions of the Committee on Economic, Social

and Cultural Rights

The Economic and Social Council,

Recalling its resolution 1985/17 of 28 May 1985, by which it established the Committee on Economic, Social and Cultural Rights to assist it in relation to the various functions entrusted to it under the International Covenant on Economic, Social and Cultural Rights,

Recalling also that, in its resolution 1985/17, it decided to review the composition, organization and administrative arrangements of the Committee every five years, beginning in 1990,

Noting that, since its first session in 1987, the Committee has held twelve sessions, examined one hundred and three reports of States parties and adopted five very detailed general comments,

Recognizing that the Committee has succeeded in developing constructive and effective methods of work, including in relation to its dialogue with States parties,

Recalling the emphasis contained in the Programme of Action of the World Summit for Social Development on the important role of the Committee in monitoring those aspects of the Copenhagen Declaration on Social Development and Programme of Action that relate to compliance by States parties with the Covenant,

Noting that the number of States parties to the Covenant has increased by more than 50 per cent since the Council resolved to establish the Committee and that there are now 131 States parties,

Noting also that the Committee has consistently needed to hold two annual sessions in recent years in order to cope with its workload and that it continues to be faced with a backlog of reports to be considered,

1.Authorizes the holding of two annual sessions by the Committee on Economic, Social and Cultural Rights, in May and November-December, each of three weeks' duration, in addition to a pre-sessional working group of five members to meet for five days immediately after each session to prepare the list of issues for consideration at the subsequent session;

2.Requests the Committee to give careful consideration to the possible means by which it might contribute to the implementation of the Copenhagen Declaration on Social Development and Programme of Action of the World Summit for Social Development, having particular regard to the commitments contained in the latter concerning the adoption of national strategies for social development and the definition of time-bound goals and targets for reducing overall poverty.

DRAFT DECISION I

Payment of honoraria to members of the Committee on

Economic, Social and Cultural Rights

The Economic and Social Council, noting that members of the Human Rights Committee, as well as of the Committee on the Elimination of Racial Discrimination and the Committee on the Rights of the Child, all receive a modest honorarium for their services, and that as a result of measures approved by the General Assembly members of two of the remaining three human rights treaty bodies will also do so, and recognizing that it is inequitable for the one remaining Committee to be treated differently in this respect, urges the General Assembly to authorize payment to each member of the Committee on Economic, Social and Cultural Rights of an honorarium equivalent to that payable to the members of other relevant treaty bodies.

DRAFT DECISION II

Resources to enable the Committee on Economic, Social and Cultural

Rights to obtain access to specialized expertise in its work

The Economic and Social Council endorses the proposal made by the Committee on Economic, Social and Cultural Rights that an amount of 10,000 dollars annually be included within the overall budget of the Centre for Human Rights, to enable the Committee to bring in specialists to participate in its days of general discussion and to commission papers dealing with those technical dimensions of its work, especially relating to indicators, which require expert elaboration. The Council notes that this accords with the recommendation of the World Conference on Human Rights in relation to indicators and that the relevant funds would not be spent on members of the Committee and would be committed only with the approval of the head of the Centre for Human Rights.

Chapter II

ORGANIZATIONAL AND OTHER MATTERS

A. States parties to the Covenant

1.As at 8 December 1995, the closing date of the thirteenth session of the Committee on Economic, Social and Cultural Rights, 133 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 eleventh session, requested the Economic and Social Council to authorize, on an exceptional basis, the holding of an additional session of the Committee in the second half of 1995. The Economic and Social Council, by its decision 1995/217 of 10 February 1995, endorsed the Committee's recommendation. Accordingly, in 1995, the Committee held its twelfth session from 1 to 19 May and its thirteenth session from 20 November to 8 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 twelfth and thirteenth sessions is contained in the relevant summary records (E/C.C.12/1995/SR.1-29 and E/C.12/1995/SR.30-58/Add.1, respectively).

C. Membership and attendance

4.All members of the Committee, except Mr. Valeri Kouznetsov, attended the twelfth session. Mr. Kenneth Osborne Rattray attended only part of the session. All members of the Committee, except Mr. Philip Alston, attended the thirteenth session. Mr. Kenneth Osborne Rattray and Mr. Javier Wimer Zambrano attended only part of the session.

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

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

Category II:Habitat International Coalition, International Service for Human Rights, American Association of Jurists

Roster:Foodfirst Information and Action Network (FIAN)

and at the thirteenth 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, American Association of Jurists, Andean Commission of Jurists

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 twelfth session:

Mrs. Virginie AHODIKPE

Ms. Chikako TAYA

Mrs. María de los Angeles JIMENEZ BUTRAGUEÑO

Mr. Juan ALVAREZ VITA

Mr. Valeri KOUZNETSOV

Prior to the thirteenth session:

Mr. Abdessatar GRISSA

Mr. Juan ALVAREZ VITA

Mrs. Virginia BONOAN-DANDAN

Mr. Dumitru CEAUSU

Mrs. María de los Angeles JIMENEZ BUTRAGUEÑO.

9.The pre-sessional working group held its meetings at the United Nations Office at Geneva from 12 to 16 December 1994 and from 22 to 26 May 1995, 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. Election of officers

10.In accordance with rule 14 of its rules of procedure, the Committee, at the 1st and 2nd meetings of its twelfth session, elected the members of its Bureau, as follows:

Chairperson:Mr. Philip ALSTON

Vice-Chairpersons:Mr. Juan ALVAREZ VITA

Mr. Abdessatar GRISSA

Mr. Dumitru CEAUSU

Rapporteur:Mrs. Virginia BONOAN-DANDAN

F. Organization of work

Twelfth session

11.The Committee considered its organization of work at its 1st and 2nd meetings on 1 May, 3rd meeting on 2 May, 5th meeting on 3 May, 7th meeting on 4 May, 10th meeting on 5 May, 13th and 14th meetings on 9 May, 24th meeting on 16 May, 25th and 26th meetings on 17 May, 28th meeting on 18 May and 29th meeting on 19 May 1995. In connection with this item, the Committee had before it the following documents:

(a)Draft programme of work for the twelfth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1995/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 (E/1994/23) and tenth and eleventh sessions (E/1995/22).

12.In accordance with rule 8 of its rules of procedure, the Committee, at its 1st meeting on 1 May 1995, considered the draft programme of work for its twelfth session and approved it, as amended during consideration (see E/C.12/1995/L.1/Rev.1).

Thirteenth session

13.The Committee considered its organization of work at its 30th meeting on 20 November, 37th meeting on 23 November and 49th meeting on 1 December 1995. In connection with this item, the Committee had before it the following documents:

(a)Draft programme of work for the thirteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1995/L.2);

14.In accordance with rule 8 of its rules of procedure, the Committee, at its 30th meeting on 20 November 1995, considered the draft programme of work for its thirteenth session and approved it, as amended during consideration (see E/C.12/1995/L.2/Rev.1).

G. Next session

15.In accordance with the established schedule, the fourteenth and fifteenth sessions would take place from 30 April to 17 May 1996 and from 18 November to 6 December 1996, respectively.

H. States parties' reports scheduled for consideration

by the Committee at its fourteenth session

16.The Committee, at its 37th meeting on 23 November 1995, decided that the following States parties' reports would be considered at its fourteenth session:

Initial reports concerning articles 1 to 15 of the Covenant

ParaguayE/1990/5/Add.23

GuatemalaE/1990/5/Add.24

El SalvadorE/1990/5/Add.25

Second periodic reports concerning articles 1 to 15 of the Covenant

Dominican RepublicE/1990/6/Add.7

Third periodic reports concerning articles 1 to 15 of the Covenant

SpainE/1994/104/Add.5

17. The Committee also decided that it would review the implementation of the provisions of the Covenant in Guinea, which had not submitted any report at all since its ratification of the Covenant, on the basis of any information that might be available to it.

I. Composition of the pre-sessional working group

Fourteenth session

18.The Chairperson of the Committee designated the following members to serve on the pre-sessional working group: Mr. J. Alvarez Vita, Mr. Ade Adekuoye, Mrs. M. Jiménez Butragueño, Mr. V. Kouznetsov and Ms. C. Taya.

Fifteenth session

19. The Chairperson of the Committee designated the following members to serve on the pre-sessional working group: Mr. J. Alvarez Vita, Mr. S. Ahmed, Mr. D. Ceausu, Mrs. V. Bonoan-Dandan and Mrs. M. Jiménez Butragueño.

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 13 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 requiring 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 States 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 International 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 requested 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 preceding sessions. 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 would 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.After 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. As from that date, 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; between one and three hours 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); human rights education (eleventh session); the interpretation and practical application of the obligations incumbent on States parties (twelfth session); and a draft optional protocol to the Covenant (thirteenth 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 on 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 thirteenth session, the Committee and the Sessional Working Group of Governmental Experts which existed prior to the creation of the Committee had examined 153 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 25 global reports. This work covered a significant number of the States parties to the Covenant, which totalled 133 at the end of the thirteenth session. They represented all regions of the world, with different political, legal, socio-economic and cultural systems. Their reports submitted so far had 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, 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 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; General Comment No. 5 (1994) on the rights of persons with disabilities; and General Comment No. 6 (1995) on the economic, social and cultural rights of older persons.

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 37th meeting on 23 November 1995, 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 September 1995 (E/C.12/1995/10 and Corr.1).

54.The Secretary-General informed the Committee that, in addition to the reports scheduled for consideration by the Committee at its thirteenth session (see para. 61 below), he had received, as at 1 December 1995, the reports submitted under articles 16 and 17 of the Covenant by the following States parties: