REPORT ON THE SIXTEENTH AND SEVENTEENTH SESSIONS
(28 April16 May 1997, 17 November5 December 1997)
ECONOMIC AND SOCIAL COUNCIL
OFFICIAL RECORDS, 1998
SUPPLEMENT No. 2
CONTENTS
Seventeenth session 1 December 1997: The normative content of the right to food(article 11 of the International Covenant on Economic, Social and Cultural Rights)
A.
DRAFT DECISION I
Extraordinary additional session for the Committee on Economic, Social and Cultural Rights
(Resolution adopted by the Committee At its 26th meeting on 16 May 1997 (E/C.12/1997/SR.26).)
Holding of the nineteenth session of the Committee on Economic, Social and Cultural Rights in New York (16 November-4 December 1998)
The Committee on Economic, Social and Cultural Rights,
Noting that the resolution by which it was originally established provided that its sessions would alternate between Geneva and New York,
Emphasizing the need to make its activities and concerns accessible to a wider range of participants,
Noting that there is a very different potential constituency which might follow its work in New York, including government delegations, nonngovernmental organizations, the media and international agencies,
Noting also that one of every three sessions of the Human Rights Committee is held in New York and that this has contributed very significantly to improving the profile and prominence of the work of that Committee,
Requests that the Economic and Social Council consider approval of the following decision:
Payment of honoraria to members of the Committee on Economic, Social and Cultural Rights
(Resolution adopted by the Committee 2/)
Extraordinary additional session of the prensessional working group of the Committee on Economic, Social and Cultural Rights (20-24 April 1998)
Underlining the importance attached to the adoption of General Comments,
Noting that it has been able to adopt only seven such General Comments since its establishment in 1987,
Recalling its decision of May 1997 to initiate the drafting of a range of General Comments for consideration and adoption by the Committee over the next two years or so,
Having concluded that the most efficient manner of proceeding is to entrust a working group with responsibility for undertaking a careful initial review and revision of drafts to be prepared by individual members,
1. Decides to schedule, on an exceptional basis and from within existing resources, a onenweek ad hoc working group meeting of five members specifically designated for that purpose, immediately before its eighteenth session, in April 1998;
2. Requests that the Economic and Social Council consider approval of the above decision of the Committee.
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ORGANIZATIONAL AND OTHER MATTERS
A. States parties to the Covenant
1. As at 5 December 1997, the closing date of the seventeenth session of the Committee on Economic, Social and Cultural Rights, 137 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.
2. The Committee on Economic, Social and Cultural Rights, at its twelfth session, requested the Economic and Social Council to authorize the holding of two annual sessions of the Committee, in May and NovembernDecember, each of three weeks' duration, in addition to a prensessional 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. // See E/1996/22, chap. I, draft resolution (Annual sessions of the Committee on Economic, Social and Cultural Rights). The Economic and Social Council, by its resolution 1995/39 of 25 July 1995, endorsed the Committee's recommendation. Accordingly, in 1997, the Committee held its sixteenth session from 28 April to 16 May and its seventeenth session from 17 November to 5 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 sixteenth and seventeenth sessions is contained in the relevant summary records (E/C.12/1997/SR.1n26 and E/C.12/1997/SR.27n54/Add.1, respectively).
4. All members of the Committee attended the sixteenth session. Mr. Ivan Antanovich, Mr. Dumitru Ceausu and Mr. Kenneth Osborne Rattray attended only part of the session. All members of the Committee attended the seventeenth session. Mr. Dumitru Ceausu, Mr. Oscar Ceville and Mr. Kenneth Osborne Rattray attended only part of the session.
5. The following specialized agencies and United Nations organs were represented by observers at the sixteenth session: ILO, FAO, UNESCO, WHO, UNHCR and UNDP; and at the seventeenth session: ILO, WHO, UNHCR and UNDP.
6. The following non-governmental organizations in consultative status with the Economic and Social Council were represented by observers at the sixteenth session:
and at the seventeenth session:
7. The following international and national nonngovernmental organizations were also represented by observers at the sixteenth session: Arab Studies Society (Israel); Asociación PronDerechos Humanos (Peru); Coordinadora Nacional de Derechos Humanos (Peru); Latin American Committee for the Defence of Women's Rights; Palestine Human Rights Information Centre (Israel); and at the seventeenth session: Centre for Housing Rights and Evictions (Switzerland); Ciudad Alternativa (Dominican Republic); Comité para la Defensa de los Derechos Barriales (COPADEBA) (Dominican Republic); Committee on the Administration of Justice (United Kingdom); Scottish Council for Civil Liberties (United Kingdom); Service Peace and Justice in Latin America; Standing Advisory Commission on Human Rights in Northern Ireland (United Kingdom).
8. The Economic and Social Council, in its resolution 1988/4 of 24 May 1988, authorized the establishment of a prensessional working group composed of five members to be appointed by the Chairperson 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.
9. The Chairperson of the Committee, in consultation with the members of the Bureau, designated the following individuals as members of the prensessional working group to meet:
Prior to the sixteenth session:
Mr. Abdessatar GRISSA
Ms. María de los Angeles JIMENEZ BUTRAGUEÑO
Mr. Valeri KOUZNETSOV
Mr. Nutan THAPALIA
Mr. Javier WIMER ZAMBRANO
Prior to the seventeenth session:
Ms. Virginia BONOANnDANDAN
Mr. Dumitru CEAUSU
Mr. Kenneth Osborne RATTRAY.
10. The prensessional working group held its meetings at the United Nations Office at Geneva from 9 to 13 December 1996 and from 20 to 23 May 1997, respectively. All members of the working group, except Mr. Kenneth Osborne Rattray, 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
11. In accordance with rule 14 of its rules of procedure, the Committee, at the 1st and 6th meetings of its sixteenth session, elected the members of its Bureau, as follows:
Chairperson: Mr. Philip ALSTON
VicenChairpersons: Mr. Abdessatar GRISSA
Mr. Kenneth Osborne RATTRAY
Rapporteur: Ms. Virginia BONOANnDANDAN
Sixteenth session
12. The Committee considered its organization of work at its 1st meeting on 28 April, 3rd meeting on 29 April and 13th meeting on 6 May 1997. In connection with this item, the Committee had before it the following documents:
(a) Draft programme of work for the sixteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1997/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), tenth and eleventh (E/1995/22), twelfth and thirteenth (E/1996/22), and fourteenth and fifteenth sessions (E/1997/22).
13. In accordance with rule 8 of its rules of procedure, the Committee, at its 1st meeting on 28 April 1997, considered the draft programme of work for its sixteenth session and approved it, as amended during consideration (see E/C.12/1997/L.1/Rev.1).
Seventeenth session
14. The Committee considered its organization of work at its 27th meeting on 17 November, 29th meeting on 18 November and 54th meeting on 5 December 1997. In connection with this item, the Committee had before it the following documents:
(a) Draft programme of work for the seventeenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1997/L.2);
15. In accordance with rule 8 of its rules of procedure, the Committee, at its 27th meeting on 17 November 1997, considered the draft programme of work for its seventeenth session and approved it, as amended during consideration (see E/C.12/1997/L.2/Rev.1).
16. In accordance with the established schedule, the eighteenth and nineteenth sessions would take place from 27 April to 15 May 1998 and from 16 November to 4 December 1998, respectively.
Nigeria E/1990/5/Add.31
Sri Lanka E/1990/5/Add.32
Netherlands E/1990/6/Add.11
Netherlands Antilles E/1990/6/Add.12
Netherlands: Aruba E/1990/6/Add.13
Poland E/1994/104/Add.13
18. The Committee also decided that it would review the implementation of the provisions of the Covenant in Solomon Islands, 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 the Committee.
Eighteenth session
19. The Chairperson of the Committee designated the following members to serve on the prensessional working group: Mr. A. Grissa, Mr. V. Kouznetsov, Mr. A. G. Pillay, Mr. W. M. Sadi and Mr. J. Wimer Zambrano.
Nineteenth session
20. The Chairperson of the Committee designated the following members to serve on the prensessional working group: Mr. M. S. Ahmed, Ms. V. BonoannDandan, Mr. O. Ceville, Ms. M. Jiménez Butragueño and Mr. V. Kouznetsov.
Chapter III
OVERVIEW OF THE PRESENT WORKING METHODS OF THE COMMITTEE
22. 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 17 sessions it has sought to modify and develop these methods in the light of its experience. These methods will continue to evolve.
23. 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 adopted detailed reporting guidelines // E/1991/23, annex IV. 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. These guidelines will be revised in the course of the Committee's next session(s) in order to reflect more fully the issues dealt with by the major world conferences held in recent years.
1. Work of the pre-sessional working group
24. A pre-sessional working group meets, 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.
25. 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. // See E/1988/14, para. 361.
26. 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 constitute 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.
27. With regard to 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 areas of expertise of the member concerned. Each draft by a country rapporteur 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.
28. 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.
29. 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. 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; (d) not be abusive. The relevant meeting is open and provided with interpretation services, but is not covered by summary records.
30. The Committee has 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 is made available as soon as possible to the representative of the State concerned.
31. 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:
32. In addition to the task of formulating the lists of issues, 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 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
33. 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 is generally followed. The representative of the State party is invited to introduce the report by making brief introductory comments and introducing any written replies to the list of issues drawn up by the pre-sessional working group. The Committee then considers the report on an articlenbynarticle basis, taking particular account of the replies furnished in response to the list of issues. During this period, representatives of relevant specialized agencies and other international bodies are also able to contribute to the dialogue. The representatives of the State party are invited to reply immediately to questions that do not require further reflection or research. Other questions remaining to be answered are taken up at a subsequent meeting. Members of the Committee are free to pursue specific issues in the light of the replies thus provided. Questions which cannot adequately be dealt with in this manner may be the subject of additional information provided to the Committee in writing.
34. The final phase of the Committee's examination of the report consists of the drafting and adoption of its concluding observations. For this purpose, the Committee usually sets aside a brief period, in closed session, to enable its members to express their preliminary views. The country rapporteur then prepares, 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.
35. 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 forwarded as soon as possible 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 which it provides to the Committee.
36. In general, the Committee devotes three meetings (of three hours each) to its public examination of each global report (dealing with articles 1-15). In addition, it generally devotes between two and three hours towards the end of the session, in private, to its discussion of each set of 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 longnstanding policy 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.
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 be taken only after 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; (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 Office of the United Nations High Commissioner 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.
41. 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.
43. 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 reports are 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.
44. 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 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.
45. 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); a draft optional protocol to the Covenant (thirteenth, fourteenth and fifteenth sessions); revision of the general guidelines for reporting (sixteenth session); and the normative content of the right to food (seventeenth session).
46. 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 on 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.
47. 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.
48. 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.
49. 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.
50. By the end of its seventeenth 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 45 global reports. This work covered a significant number of the States parties to the Covenant, which totalled 137 at the end of the seventeenth 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.
51. The Committee endeavours, through its general comments, to make the experience gained so far through the examination of States' 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.
52. 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; General Comment No. 6 (1995) on the economic, social and cultural rights of older persons; General Comment No. 7 (1997) on the right to adequate housing (art. 11, para. 1, of the Covenant): forced evictions; and General Comment No. 8 (1997) on the relationship between economic sanctions and respect for economic, social and cultural rights.
Chapter IV
SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT
54. 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 15 August 1997 (E/C.12/1997/6);
(c) Note by the Secretariat on follownup to the consideration of reports under articles 16 and 17 of the Covenant (E/C.12/1997/7).
55. The Secretary-General informed the Committee that, in addition to the reports scheduled for consideration by the Committee at its seventeenth session (see para. 61 below), he had received, as at 5 December 1997, the reports submitted under articles 16 and 17 of the Covenant by the following States parties:
56. 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
57. At its sixteenth session, the Committee examined five reports submitted by five States parties under articles 16 and 17 of the Covenant and reviewed the implementation of the provisions of the Covenant in the Central African Republic in accordance with the decision taken at its ninth session. // See E/1994/23, para. 19. It devoted 17 of the 26 meetings it held during the sixteenth session to the consideration of these matters.
58. The reports before the Committee at its sixteenth session were the following:
Libyan Arab Jamahiriya E/1990/5/Add.26 Guyana E/1990/5/Add.27 Zimbabwe E/1990/5/Add.28 Peru E/1990/5/Add.29
Russian Federation E/1994/104/Add.8
60. At its seventeenth 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 Saint Vincent and the Grenadines in accordance with the decision taken at its ninth session. 6/ It devoted 22 of the 28 meetings it held during the seventeenth session to the consideration of these matters.
61. The following reports were before the Committee at its seventeenth session:
Azerbaijan E/1990/5/Add.30
Second periodic reports concerning articles 1 to 15 of the Covenant
Dominican Republic E/1990/6/Add.7 Luxembourg E/1990/6/Add.9 Uruguay E/1990/6/Add.10
Third periodic reports concerning articles 1 to 15 of the Covenant
Iraq E/1994/104/Add.9 United Kingdom of Great Britain and Northern Ireland E/1994/104/Add.11
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 countrynbyncountry 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 sixteenth and seventeenth sessions.
64. The Committee considered the initial report of Zimbabwe on articles 1 to 15 of the Covenant (E/1990/5/Add.28) at its 8th to 10th and 14th meetings on 2, 5 and 7 May 1997 and, at its 25th meeting on 15 May 1997, adopted the following concluding observations.
A. Introduction
65. The Committee expresses its appreciation to the State party for its initial report, prepared in partial conformity with the Committee's guidelines, and for its written replies, albeit incomplete, to the list of issues made available to it before the session. The Committee notes that the report provided information that was excessively general in content and that very few statistics were provided. The delegation indicated that it would endeavour to obtain some of the missing information for the Committee's consideration before the end of the session, but, unfortunately, this information was not received. In this connection, the Committee welcomes the offer of the delegation to furnish further and precise written information.
66. The Committee regrets that no official experts came from Harare, so that with respect to many points the delegation was unable to provide specific answers to the questions posed by Committee members. Nevertheless, the Committee expresses its appreciation for the frankness of the dialogue and the clear admissions made by the delegation, which recognized that there are numerous deficiencies that must be corrected. In this connection, the Committee is sensitive to the historical legacy of Zimbabwe and acknowledges the efforts towards democratization and good governance.
67. The Committee welcomes the fact that Zimbabwe adhered to the Covenant without any reservations. It notes that Zimbabwe has ratified several other human rights instruments, including the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.
68. The Committee welcomes the publicity given to the International Covenant on Economic, Social and Cultural Rights, its publication in the Official Gazette and in parliamentary journals and the public nature of parliamentary discussions on the Covenant.
69. The Committee welcomes current legal moves in Zimbabwe to bring all workers under a new consolidated labour law.
71. As to domestic monitoring of respect for economic, social and cultural rights, the Committee welcomes the establishment of the Office of the Ombudsman, but regrets that the defence forces, the police and the prison service are specifically excluded from being the subject of investigation, as are the President and members of his staff, the Cabinet Office, the AttorneynGeneral and judicial officers. Moreover, the Ombudsman has no power of initiative and can initiate an investigation only where a complaint has been lodged.
72. The Committee regrets that the State party has not provided written replies to some of its questions relating to the implementation of articles 10 to 13 and 15 of the Covenant (questions 36 to 55 and 57 in the Committee's list of issues) and that, during the oral presentation by the delegation and during the dialogue with Committee members, little additional information and no statistics were forthcoming.
73. Despite the Government's stated policy of de jure equality of men and women, the Committee views the situation of women in Zimbabwean society, particularly in rural districts, as very unsatisfactory. It is concerned about de facto discrimination against women, attributable to traditional practices such as arranged marriages of children and forced marriages of widows with a late husband's brother. Such practices are incompatible with article 3 of the Covenant.
74. The Committee regrets that, pursuant to the Constitution of Zimbabwe, public servants, teachers and nurses cannot join unions, and that doctors and nurses who have organized strikes have been subjected to arrest and dismissal.
75. The Committee is concerned about the continued use of child labour, as referred to in paragraph 76 of the State party's report. Such practices are in contravention of article 10 of the Covenant.
76. Despite the fact that the 'extended family' provides a safety net for some of the homeless, the Committee notes that the situation in relation to the right to housing remains clearly inadequate. The Committee is particularly concerned about the precarious situation of persons living in illegal structures or unauthorized housing (para. 107 of the report). People should not be subjected to forced eviction unless this is done under conditions compatible with the Covenant.
77. The Committee expresses concern about cutbacks in education expenditure, which result in non-compliance with article 13, paragraph 2 (a), of the Covenant, requiring free, compulsory and universal primary education.
78. The Committee draws attention to the obligations of Zimbabwe to ensure that its undertakings under the Covenant are appropriately reflected in domestic law and policy and urges the Government to provide appropriate access to the courts to uphold the relevant rights.
79. Although many provisions of the Covenant are to be implemented progressively and in accordance with the maximum of the State party's available resources, there are other rights that must be ensured immediately, such as de jure non-discrimination and protection of the cultural rights of minorities.
80. The Committee urges that priority be given to the promotion of the role of women in society, and that an end be put to all de facto discrimination against them. In particular, it recommends that programmes be introduced with a view to redressing the imbalances in the status of women in society, particularly in rural districts.
81. Apart from the measures referred to in paragraph 68 above, the Committee notes that no steps have been taken to inform the public about the Covenant. The Committee therefore urges the State party to undertake an appropriate information campaign to acquaint the public, as well as government officials at all levels, with its provisions. The Committee also recommends that education programmes be extended in order to increase awareness of the provisions of the Covenant throughout society and to ensure its application in the judicial process, as well as its observance by law enforcement agencies.
82. With regard to article 8 of the Covenant, the Committee welcomes the State party's intention to consider ratification of ILO Conventions No. 87 (Freedom of Association and Protection of the Right to Organize Convention, 1948), No. 98 (Right to Organize and Collective Bargaining Convention, 1949) and No. 151 (Labour Relations (Public Service) Convention, 1978). The Committee urges the State party to harmonize its labour laws with those Conventions as soon as possible. In particular, the Committee would welcome information on what steps have been taken to reinstate or compensate medical workers who were recently dismissed because they organized a strike.
83. The Committee recommends that a constitutional reform be undertaken to allow public servants, teachers and nurses to organize in unions, in keeping with article 8 of the Covenant, and to enable them to bargain collectively and to strike.
84. The Committee recommends that appropriate measures be taken in order more effectively to guarantee the right to housing and, in particular, to ensure that no forced evictions are carried out without alternative housing being offered, in accordance with the Committee's General Comment No. 4 (1991) on the right to adequate housing. // E/1992/23, annex III. It would also like to receive further information on the number of forced evictions carried out and on the application of article 11 of the Covenant in Zimbabwe, in particular with respect to the right to housing.
85. The Committee reminds the State party that, as a signatory to the Covenant, it is committed to ensure compulsory, free primary education to all children in Zimbabwe. Even though the Committee is aware of the current difficulties in Zimbabwe and the State party's efforts in this field, the Committee invites Zimbabwe to submit to it within a year a plan of action and a progress report concerning the implementation of this obligation.
86. Since members of the Committee requested specific information that was not provided during the examination of the State party's report, in particular on the cultural situation and the participation of minority groups in cultural life, the Committee urges the State party to submit the requested additional information and statistics within three months of receipt of the Committee's concluding observations, and in any event prior to the Committee's seventeenth session.
RUSSIAN FEDERATION
87. The Committee considered the third periodic report of the Russian Federation on articles 1 to 15 of the Covenant (E/1994/104/Add.8) at its 11th to 14th meetings on 5, 6 and 7 May 1997 and, at its 25th meeting on 15 May 1997, adopted the following concluding observations.
88. The Committee appreciates the State party's submission of its third periodic report in accordance with the Committee's guidelines. It notes with interest that this was the first report of the State party after the end of the Soviet era. The Committee is grateful that the report was comprehensive and informative, and in particular that it was frank in acknowledging the serious problems that the State party is encountering in protecting the economic, social and cultural rights of the population. It also appreciates the additional information provided in response to its list of issues, which unfortunately was not provided in time to be translated. The Committee welcomes the sending of a large and high-level delegation with which it engaged in an open and constructive dialogue, as well as the provision of additional information orally by the delegation during the discussion.
89. The Committee welcomes, to the extent that economic, social and cultural rights would thereby be promoted, efforts by the State party to develop a State based on the rule of law and the fact that it is reforming or establishing institutions to that end. The Committee also welcomes the planned reform of a whole range of institutions which are engaged in the delivery of social welfare services.
90. The Committee notes that inflation has been lowered substantially, that the decline in gross domestic product appears to have been stopped and some sectors of the economy are beginning to grow again, and that efforts are being made to improve the system of taxation and tax collection. It recognizes the importance of such a framework in providing sustainable funding for institutions designed to protect the economic, social and cultural rights of the population.
91. The Committee welcomes the statement by the representative of the State party that proposed legislation is reviewed by the executive institutions of the Government to ensure that bills are consistent with international human rights instruments, including the Covenant, before submission to the Duma for consideration. It appreciates that the Constitutional Court has cited the Covenant when deciding issues. It also appreciates that the State party's new Labour Code was inspired directly by provisions of the Covenant, as well as other pertinent international instruments, including those of ILO.
92. The Committee welcomes the 1996 law on the reform of the Judicial Branch and the 1997 bill to strengthen support to the judiciary, as well as the bill to establish a human rights ombudsman, inasmuch as the protection of economic, social and cultural rights enshrined in the Covenant is thereby enhanced.
93. The Committee notes with appreciation that employers are given tax incentives for the hiring of disabled persons to facilitate their access to gainful employment.
94. The Committee welcomes the development of pluralism in the tradenunion movement, although it recognizes that there are many practical problems to be resolved to enable the new trade unions to function effectively.
95. The Committee welcomes the assurances by the representative of the State party that psychiatric institutions are no longer used abusively.
96. The Committee welcomes the current official policy of family planning, which has resulted in a decline in the number of abortions.
97. The Committee views favourably efforts undertaken by the State party to educate students as to legal remedies available for violations of human rights.
98. The Committee welcomes the State party's support for an optional protocol to the Covenant providing for the receipt of communications concerning alleged violations of the Covenant.
100. The Committee expresses its concern at the situation of the indigenous peoples of the Russian Federation, many of whom live in poverty and have inadequate access to food, and some of whom suffer from malnutrition. The Committee is particularly concerned for those whose food supply is based on fishing and an adequate stock of reindeer, and who are witnessing the destruction of their environment by widespread pollution. It is alarmed at reports that the economic rights of indigenous peoples are violated with impunity by oil and gas companies which sign agreements under circumstances which are clearly illegal, and that the State party has not taken adequate steps to protect the indigenous peoples from such exploitation.
101. The Committee expresses its concern that women appear to be disproportionately affected by unemployment and that little concrete action has been taken by the State party to discourage discriminatory dismissal or hiring on the basis of sex or to provide meaningful remedies to the victims of such discrimination.
102. The Committee expresses its concern at the significant level of domestic violence against women and the hesitation of the police in intervening to protect women or in bringing charges against their aggressors, despite the fact that the criminal law against violence against persons applies to violence against a woman by her husband.
103. The Committee notes with concern the rapid development of prostitution and the growing phenomenon of street children and their exploitation for criminal and sexual activities. The Committee further expresses its concern at the rate of increase in criminal acts by juvenile offenders.
104. The Committee observes with concern that there are numerous problems regarding labour regulation and that the State party has not taken adequate steps or devoted sufficient funding to find ways of addressing the following issues:
(a) Dangerous working conditions in many enterprises, including use of dangerous and out-of-date technology, lack of protection for workers and excessively long hours of work;
(b) The high rate of serious industrial accidents, including an excessive number resulting in death;
(c) Refusal by some enterprises to compensate workers in cases of workplace injuries;
(d) An inadequate system for the reporting of unsafe working conditions and accidents, including the absence of a legal framework which protects workers, whether unionized or not;
(e) Inadequate funding for the labour inspectorate to conduct sufficient inspections to deter and sanction non-compliance by employers;
(f) The large number of illegal dismissals, which in practice are without remedy;
(g) The development of large-scale child labour;
(h) The refusal of some employers to recognize or deal with new, 'alternative' unions and the fact that some employers take adverse action, including dismissal, against union activists.
105. The Committee notes with concern that the State party is illnequipped to deal with the problem of unemployment, which now affects, according to the data provided, between 3 million and 7 million persons. The criteria for eligibility for unemployment benefits, the system for detecting fraudulent benefits applications, and the low amount of such benefits all appear to be in need of reconsideration. Moreover, services to assist the unemployed to obtain employment, including information and retraining services, need to be developed more fully.
106. The Committee is very concerned at the non-payment of wages, which has led to a large number of strikes, particularly in the State sector, as well as at the payment of wages in kind by some employers. According to one report, some $10 billion are owed in back wages to approximately one out of every four workers, and most of this sum is the responsibility of the State. Late payment of wages is similarly unacceptable because it impedes the workers' meeting their needs and, in an inflationary environment, robs them of the value of the money that has been earned.
107. The development of poverty, estimated to affect at least 30 per cent of the population, and the inability of the State party to provide adequate social services and a reasonable subsistence-level revenue to these persons are of serious concern to the Committee.
108. The Committee expresses its concern that the Government's ability to pay pensioners, who constitute a sizeable and increasing percentage of the population, is seriously affected by a lack of adequate financial resources. As a result, many are not receiving their pensions and are thus unable to satisfy their basic needs. The Committee is further concerned that funding of pensions is being seriously impaired by the failure of enterprises to make their legal contributions to the pension fund.
109. The Committee is seriously concerned that the diet of the Russian population, on average, is deteriorating. It also notes with alarm that malnutrition and hunger have developed among the poorer segments of the population. Particular concern is expressed for the plight in this respect of the homeless, families without income, large families, and indigenous people in the northern part of the country where the infrastructure for food delivery is inadequate.
110. The Committee expresses its serious concern that the level of contamination of both domestically produced and imported foodstuffs is high by international standards, and appears to be caused - for domestic production - by the improper use of pesticides and environmental pollution, such as through the improper disposal of heavy metals and oil spills, and - for imported food n by the illegal practices of some food importers. The Committee notes that it is the responsibility of the Government to ensure that such food does not reach the market.
111. The Committee is alarmed at the extent of the environmental problems in the Russian Federation and that industrial leakage of harmful waste products is such a severe problem in some regions that they could be correctly declared environmental disaster areas. It is also very concerned that there has been a curtailment of funds to modernize an out-of-date waterndelivery system, which adversely affects the population's access to clean water.
112. The Committee is very concerned at the re-emergence of tuberculosis in the State party, particularly in prisons, where the health and social conditions of detention are unacceptable.
113. The Committee expresses its serious concern that in 1996 there was an eightfold increase in the rate of HIVninfection, which, according to the State party's representative, was largely due to increased drug use. It is also a source of concern that drug addiction is a major and growing problem among the young.
114. The inadequate funding of hospitals is a major source of concern. Moreover, the non-availability of medicines is also a source of preoccupation, particularly for those who cannot afford them.
115. The Committee expresses its concern with regard to the deterioration of the educational system in the Russian Federation and its effects on school achievement levels, as well as on attendance and dropnout rates among the young at all levels of the system.
116. The Committee recommends that action be taken to protect the indigenous peoples from exploitation by oil and gas companies, and more generally that action be taken to ensure their access to traditional and other sources of food.
117. The Committee recommends that more vigourous steps be taken to ensure protection of women against sex discrimination in employment, and that victims of sex discrimination may receive compensation from employers who act illegally.
118. The Committee also recommends that legislation be adopted to protect women victims of domestic violence, that specific programmes be put in place to assist such victims and that the perpetrators of such acts be brought to justice.
119. The Committee recommends that comprehensive steps be taken to ensure safety and health in the workplace and that, to this end, increased funding of the labour inspectorate be provided. It further recommends that a framework be developed to encourage and protect workers who report inadequate conditions of work. The Committee also recommends that the State party take steps to accelerate further the development of trade unions by, inter alia, removing the practical constraints on the right to freedom of association, to ensure that management is separated from official unions as part of a bargaining unit, and, generally, to enable the unions to function more effectively. Furthermore, it recommends that a comprehensive strategy be developed to combat child labour.
120. The Committee recommends that the State party develop and improve its policy for helping the unemployed to find work and to receive unemployment benefits. In this regard, the State party may wish to call upon ILO for assistance.
121. The Committee recommends that immediate steps be taken to ensure the payment of wages by both the State and private enterprises, and to punish those who have illegally diverted the funds in question for other purposes.
122. The Committee recommends that assistance to those who live in poverty be increased, and that adequate financial resources be made available to them so that they can live in dignity. Similar efforts should be undertaken on behalf of pensioners, many of whom live in serious financial difficulty. The Committee is of the view that greater efforts should be made to target social welfare expenditure to the truly needy sectors of the population.
123. The Committee recommends the adoption of a plan of action for food subsidies for the poor. It encourages the State party to try to resolve problems of legal title to land, the financing of supplies and equipment for farm areas, and transportation to markets as soon as possible to stimulate domestic food production.
124. The Committee is of the view that the question of an acceptable and adequate food supply is also linked to questions relating to a seriously polluted environment and the lack of investment in infrastructure for the maintenance and improvement of the water supply. It recommends that the State party examine these linkages and take appropriate action to clean up the environment and prevent enterprises from engaging in further pollution, especially that which contaminates the food chain. The Committee also recommends that the maintenance and improvement of the waternsupply system be undertaken as a matter of priority. The Committee further recommends that vigorous action be taken against enterprises which have been found to have imported contaminated food.
125. The Committee strongly recommends that the State party take immediate action to improve the health conditions in prisons, especially with regard to the rise in the rate of tuberculosis among prisoners and detainees.
126. The Committee urges the State party to address the eightfold increase in HIVninfection in 1996 as a health question of the utmost importance. It recommends that an information campaign which explains the nature of the disease, the modes of transmission, including sexual modes of transmission, and prevention techniques be undertaken in the mass media. It also recommends that the State party adopt laws and take all necessary measures to prevent discrimination against persons who are HIVnpositive, so that they may live normal lives.
127. The Committee recommends that funding of hospitals be increased and that medicines and medical attention be made available to those who cannot afford them, given the existing problems already highlighted above.
128. The Committee recommends that efforts to treat drug addiction and to apprehend and punish drug dealers be continued and intensified.
129. The Committee strongly recommends that firmer and more effective measures be adopted to reinforce the educational system, reduce the school dropnout rate and enhance the protection of children against illegal employment and other abuses.
PERU
130. The Committee considered the initial report of Peru on articles 1 to 15 of the Covenant (E/1990/5/Add.29) at its 14th to 17th meetings on 7 and 9 May 1997 and, at its 26th meeting, on 16 May 1997, adopted the following concluding observations.
131. The Committee expresses its appreciation to the State party for its initial report and for its written replies to the Committee's list of issues, although they were not submitted in time for them to be translated and for Committee members to study them in greater depth.
132. The Committee also expresses its thanks to the Government of Peru for sending a highnlevel delegation, headed by the Minister of Justice, which replied to most of the questions asked orally and offered to forward information on those questions that were left unanswered or were not satisfactorily answered.
133. The Committee nevertheless regrets that the written and oral information provided by the State party was essentially legalistic and focused heavily on civil and political rights, and that it excessively concerned the successes achieved by the Government's social policy, rather than providing detailed information on the actual state of economic, social and cultural rights in Peru.
134. The Committee wishes to express its gratitude to the United Nations agencies and Peruvian nonngovernmental organizations which provided it with documents that made a valuable contribution to the dialogue.
135. The Committee notes the statement by the State party's delegation to the effect that Peru has begun a process of social reform involving amendments to legislation, and notes the establishment of new institutions and the implementation of programmes in various spheres.
136. The Committee notes with satisfaction that a number of discriminatory legal provisions, particularly relating to women, have been eliminated.
137. The Committee welcomes the establishment of the Ministry for the Promotion of Women and Human Development.
138. The Committee notes with satisfaction the establishment of the National Social Compensation and Development Fund, which carries out assistance projects and projects to encourage the development of mediumnsized and small enterprises.
139. The Committee notes with satisfaction the reforms introduced by the Government to improve the educational system and to make it accessible to all sectors of society. It views the literacy and schoolnbuilding programmes to foster the education of children and adults in rural areas and the comprehensive assistance programme for children as positive steps towards ensuring realization of the right to education. The indigenousnlanguage literacy and education programmes are also of particular importance, since, beyond their practical objectives, they help to preserve indigenous languages and to strengthen the cultural identity of the groups speaking the languages concerned.
141. Given the situation described above, the Committee, although aware of the high cost of rebuilding the infrastructure destroyed during many years of internal violence, is of the opinion that the greatest obstacles to the fulfilment of economic, social and cultural rights are, inter alia:
(a) The failure to address the persistent and serious problems of poverty; 60 per cent of Peruvians live beneath the poverty line and do not enjoy proper health and educational facilities;
(b) Gross inequality in the distribution of wealth among the population;
(c) The failure to implement agrarian reforms;
(d) The lack of proper health services and the drastic reduction of public expenditures in the field of health;
(e) The impoverishment of State schools over the past decade, coupled with a decline in teachers' salaries and the consequent deterioration in educational standards, accompanied by the increasing poverty of families;
(f) The acute forms of discrimination that particularly affect women, indigenous people and other minority groups, and the great inequalities permeating Peruvian society.
142. The Committee notes with concern that the 1993 Constitution does not incorporate the provisions of the Covenant, which consequently do not constitute a part of domestic law and therefore cannot be invoked before Peruvian courts. This situation is contrary to what had been the case under the 1979 Constitution, which incorporated the provisions of the Covenant. The Committee notes the information contained in the State party's report (paras. 126n127, inter alia) that, before being definitively incorporated in the 1993 Constitution, any human rights treaty signed by Peru must first be approved by Congress by a two-thirds majority and then be ratified by the President. The Peruvian delegation failed to give the Committee a straightforward answer indicating that those steps had been taken by the State party vis-à-vis the Covenant. Among the rights contained in the Covenant which were recognized and incorporated in the 1979 Constitution, but which have so far been left out of the 1993 Constitution, are:
(a) The right to a decent standard of living (art. 2 of the 1979 Constitution);
(b) The rights to food and adequate housing (art. 18),
(c) Equality of opportunity and responsibilities between men and women (art. 2);
(d) Labour rights in general.
144. The Committee is particularly concerned at the insufficient fulfilment of the right to education of the indigenous and black populations. It notes, for example, that about 22 per cent of Quechuanspeaking persons in Peru, and among them 31 per cent of females over six years old, receive no schooling at any level. This situation has lately been aggravated as a result of the decline in government expenditures relative to gross domestic product.
145. Most of the Indian and mestizo populations of Peru, which amount to over three quarters of the country's total population, are extremely poor, and the Committee notes with concern the precarious health situation of these people. The Committee finds that poor women with no education have a maternal mortality rate 10 times higher than that of educated women.
146. The Committee notes with concern that there are various forms of discrimination against women, particularly in the areas of education and employment.
147. The Committee is concerned that many workers do not earn the minimum wage fixed by law. It is also concerned that the minimum wage is lower than the cost of the basic shopping basket, as the Peruvian delegation itself recognized. The characterization of young people aged 16 to 25 as 'apprentices' and their resulting exclusion from coverage by the relevant labour legislation is also a major source of concern to the Committee.
148. The Committee is concerned about the ineffectiveness of labour legislation to protect tradenunion rights, including the right to strike. As a result, despite the Government's declared policy of strengthening the labour inspection services and introducing changes to the monitoring and application of labour norms, the basic rights of workers are frequently violated.
149. The Committee is concerned that the bulk of the population is excluded from any form of social security because of the existence of a sizeable informal sector in the economy.
150. The Committee is concerned at the modification of the national pension scheme by law-decree No. 25967 and by the new legislation on the private pension scheme under law-decree No. 25897, which, according to various sources, including ILO, have prejudiced workers' rights.
151. The Committee is also concerned at the situation of pension rights cases pending since 1992, which, according to information received by the Committee, affect some 50,000 pensioners who have not received their pensions. With respect to the civil servants affected by decree No. 817, the pending cases affect 280,000 pensioners and 50,000 active workers.
152. The Committee is concerned about the high mortality rate among children and women due to the lack of proper health services, or inadequate health services.
153. The Committee is concerned about the large number of child workers and street children in Peru and the inadequacy of the measures taken by the Government to combat these phenomena.
154. The Committee notes with concern the high levels of illiteracy, truancy and school drop-out.
155. The Committee is concerned about the great number of forced evictions of people in the Amazon basin, resulting in the destruction of their habitat and way of life.
156. In the Committee's view, the introduction and implementation of muchnneeded socialnjustice measures, i.e. political, economic and social reforms, are needed in order to break the vicious circle of violence and counternviolence and to win over the indigenous population, the peasants and other underprivileged sectors of Peruvian society.
157. The Committee also calls upon the Government to make a greater effort to translate the Covenant into appropriate indigenous languages and to give more publicity to its provisions.
158. The Committee recommends that the State party's next periodic report contain specific information on the activities of the Defender of the People and those of the Court of Constitutional Guarantees in the field of human rights, especially with regard to the protection of economic, social and cultural rights.
159. The Committee urges the State party to take effective action to eliminate all forms of discrimination and marginalization that affect indigenous populations in the enjoyment of their economic, social and cultural rights.
160. The Committee recommends that the Government of Peru take steps to guarantee equality between men and women in all fields.
161. The Committee recommends that the State party make the necessary efforts to ensure compliance with the legislation on minimum wage, safety and health in the workplace, and equal pay for equal work for men and women, and to ensure the legal recognition of young people from 16 to 25 years of age as workers. To that end, the Committee stresses that sufficient resources should be allocated to the labourninspection services to enable them to perform their task properly. It also recommends that the State party take steps to ensure that the private pension system is not promoted to the detriment of the public pension system, in terms of safeguarding pensioners' acquired rights.
162. The Committee recommends that urgent steps be taken, in particular by raising the awareness of employers and State agents, with a view to guaranteeing fully the right to engage in tradenunion activities and the right to strike.
163. The Committee recommends that the State party, in cooperation with UNICEF and ILO, launch a programme to combat the exploitation of child labour and the abandonment and exploitation of street children. The Committee recommends that other steps be taken to prevent and combat the use of child labour, based on the full observance of internatio