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

ECONOMIC AND SOCIAL COUNCIL

OFFICIAL RECORDS, 1999

SUPPLEMENT No. 2

UNITED NATIONS

New York and Geneva, 1999

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.

ABBREVIATIONS

1. As at 4 December 1998, the closing date of the nineteenth 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 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. / 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 1998, the Committee held its eighteenth session from 27 April to 15 May and its nineteenth session from 16 November to 4 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 eighteenth and nineteenth sessions is contained in the relevant summary records (E/C.12/1998/SR.1-28/Add.1 and E/C.12/1998/SR.29-57/Add.1, respectively).

4. All members of the Committee attended the eighteenth session. Mr. Ivan Antanovich, Mr. Oscar Ceville and Mr. Kenneth Osborne Rattray attended only part of the session. All members of the Committee except Mr. Ivan Antanovich and Mr. Kenneth Osborne Rattray attended the nineteenth session.

5. The following specialized agencies and United Nations organs were represented by observers at the eighteenth session: FAO, ILO, IMF, UNCTAD, UNDP, UNESCO, UNHCR, WHO and WIPO; and at the nineteenth session: ILO, UNCTAD, UNDP, UNESCO, UNHCR, UNICEF, WHO and WIPO.

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

General consultative status: International Confederation of Free Trade Unions, World Federation of United Nations Associations

Special consultative status: American Association of Jurists, Habitat International Coalition, International Commission of Jurists, International Federation of Human Rights Leagues, International Organization for the Development of Freedom of Education, International Service for Human Rights, OXFAM

Roster: American Association for the Advancement of Science, FIAN - Foodfirst Information and Action Network, International Baccalaureate Organization

General consultative status: International Confederation of Free Trade Unions, World Federation of United Nations Associations

Special consultative status: American Association of Jurists, Habitat International Coalition, International Commission of Jurists, International Federation of Human Rights Leagues, International Federation Terre des Hommes, International Organization for the Development of Freedom of Education, International Service for Human Rights, Women's International League for Peace and Freedom

Roster: American Association for the Advancement of Science, FIAN - Foodfirst Information and Action Network, International Baccalaureate Organization.

7. The following international and national non-governmental organizations were also represented by observers at the eighteenth session: Arab Studies Society (Israel); Palestine Human Rights Information Centre (Israel); and at the nineteenth session: Centre for Housing Rights and Evictions (Switzerland); Federation for Women and Family Planning (Poland); Home for Human Rights (Sri Lanka); International Baccalaureate Organization, National Student Organisation (Netherlands); Shelter Rights Initiative (Nigeria); Tamil Centre for Human Rights (Sri Lanka).

8. 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 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 pre-sessional working group to meet:

10. The pre-sessional working group held its meetings at the United Nations Office at Geneva from 8 to 12 December 1997 and from 18 to 22 May 1998, 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.

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

12. The Committee considered its organization of work at its 1st meeting on 27 April, 9th meeting on 1 May and 28th meeting on 15 May 1998. In connection with this item, the Committee had before it the following documents:

(a) Draft programme of work for the eighteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1998/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), fourteenth and fifteenth (E/1997/22) and sixteenth and seventeenth sessions (E/1998/22).

13. In accordance with rule 8 of its rules of procedure, the Committee, at its 1st meeting on 27 April 1998, considered the draft programme of work for its eighteenth session and approved it, as amended during consideration (see E/C.12/1998/L.1/Rev.1).

14. The Committee considered its organization of work at its 29th meeting on 16 November and at its 51st meeting on 1 December 1998. In connection with this item, the Committee had before it the following documents:

(a) Draft programme of work for the nineteenth session, prepared by the Secretary-General in consultation with the Chairperson of the Committee (E/C.12/1998/L.2);

15. In accordance with rule 8 of its rules of procedure, the Committee, at its 29th meeting on 16 November 1998, considered the draft programme of work for its nineteenth session and approved it, as amended during consideration (see E/C.12/1998/L.2/Rev.1).

16. Owing to budgetary constraints in recent years the Committee has faced serious shortages in the staff servicing its mandate. Nevertheless, Mr. Philip Alston, Chairperson of the Committee, wished to express his deep appreciation to the Committee's secretariat which, despite such a lack of staff, has allowed the Committee efficiently to carry out its mandate.

17. In accordance with the established schedule, the twentieth and twenty-first sessions would take place from 26 April to 14 May 1999 and from 15 November to 3 December 1999, respectively.

18. The Committee, at its 57th meeting on 4 December 1998, decided that the following States parties' reports would be considered at its twentieth session:

19. 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.

20. The Chairperson of the Committee designated the following members to serve on the pre-sessional working group: Ms. M. Jiménez Butragueño,

21. The Chairperson of the Committee designated the following members to serve on the pre-sessional working group: Ms. V. Bonoan-Dandan, Ms. M. Jiménez Butragueño, Mr. A. Grissa, Mr. V. Kouznetsov and Mr. J. Wimer Zambrano.

22. 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.

23. 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 nineteen sessions it has sought to modify and develop these methods in the light of its experience. These methods will continue to evolve.

24. 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. The Committee keeps its guidelines under review and they are updated when appropriate.

25. 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 and other relevant factors.

26. The principal purpose of the working group is to identify in advance the questions which will constitute the principal focus of the dialogue with the representatives of the reporting States. The aim is to improve the efficiency of the system and to ease the task of States' representatives by facilitating more focused preparations for the discussion. / See E/1988/14, para. 361./

27. 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.

28. 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.

29. In preparation for the pre-sessional working group, the Committee has asked the Secretariat to place at the disposal of its members a country profile as well as all pertinent documents containing information relevant to each of the reports to be examined. For this purpose, the Committee invites 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 country files.

30. 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 and press services, but is not covered by summary records.

31. 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. The Committee therefore assumes that if any of this information is referred to during the dialogue with the State party, the latter will already be aware of the information.

32. 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 the following:

33. 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.

34. 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 article-by-article basis, taking particular account of the replies furnished in response to the list of issues. The Chairperson will normally invite questions or comments from Committee members in relation to each issue and then invite the representatives of the State party 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 or, if necessary, may be the subject of additional information provided to the Committee in writing. Members of the Committee are free to pursue specific issues in the light of the replies thus provided, although the Committee has urged them not to (a) raise issues outside the scope of the Covenant; (b) repeat questions already posed or answered; (c) add unduly to an already long list on a particular issue; or (d) speak more than five minutes in any one intervention. The Chairperson and/or individual members may, if necessary, intervene concisely to indicate whenever the dialogue seems to be going off on a tangent, when responses seem to be taking an unduly long time, or when answers lack the necessary focus and precision. Representatives of relevant specialized agencies and other international bodies may also be invited to contribute at any stage of the dialogue.

35. 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, the day after the conclusion of the dialogue 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.

36. The concluding observations once formally adopted are usually not made public until the final day of the session, although exceptions may be made when appropriate. As soon as they are made public, they 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.

37. In general, the Committee devotes three meetings (of three hours each) to its public examination of each global report (dealing with arts. 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.

38. 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 long-standing 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.

39. 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;

(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:

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

(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.

40. 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 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.

41. 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.

42. This procedure has already been applied in relation to two States parties and the Committee considers the experience to have been a very positive one in both instances. 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. 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.

44. 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.

(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.

46. 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); the normative content of the right to food (seventeenth session); globalization and its impact on the enjoyment of economic, social and cultural rights (eighteenth session); and the right to education (nineteenth session).

47. 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.

48. 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.

49. 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.

50. 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.

51. By the end of its nineteenth 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 56 global reports. This work covered a significant number of the States parties to the Covenant, which totalled 137 at the end of the nineteenth 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.

52. 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.

53. 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 (art. 2, para. 1, of the Covenant); General Comment No. 4 (1991) on the right to adequate housing (art. 11, para. 1, of the Covenant); 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; General Comment No. 8 (1997) on the relationship between economic sanctions and respect for economic, social and cultural rights; General Comment No. 9 (1998) on domestic application of the Covenant; and General Comment No. 10 (1998) on the role of national human rights institutions in the protection of economic, social and cultural rights.

54. In accordance with rule 58 of its rules of procedure, the Committee, at its 57th meeting on 4 December 1998, considered the status of submission of reports under articles 16 and 17 of the Covenant.

(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 July 1998 (E/C.12/1998/10);

(c) Note by the Secretariat on follow-up to the consideration of reports under articles 16 and 17 of the Covenant (E/C.12/1998/12).

56. The Secretary-General informed the Committee that, in addition to the reports scheduled for consideration by the Committee at its nineteenth session (see para. 61 below), he had received, as at 4 December 1998, the reports submitted under articles 16 and 17 of the Covenant by the following States parties:

57. 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.

58. At its eighteenth session, the Committee examined six reports submitted by four States parties under articles 16 and 17 of the Covenant. It devoted 24 of the 28 meetings it held during the eighteenth session to the consideration of these matters.

59. The reports before the Committee at its eighteenth session were the following:

60. In accordance with rule 62 of the Committee's rules of procedure, representatives of all the reporting States were invited to participate in the meetings of the Committee when their reports were examined. All the States parties whose reports were considered by the Committee sent representatives to participate in the examination of their respective reports.

61. At its nineteenth session, the Committee examined five reports submitted by five States parties under articles 16 and 17 of the Covenant It devoted 22 of the 29 meetings it held during the nineteenth session to the consideration of these matters.

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

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

65. The Committee considered the initial report of Sri Lanka on the rights covered by articles 1 to 15 of the Covenant (E/1990/5/Add.32), together with the written replies to the list of questions, at its 3rd to 5th meetings, held on 28 and 29 April 1998 and, at its 25th meeting on 13 May 1998, adopted the following concluding observations.

66. The Committee welcomes the submission of the initial report of Sri Lanka which generally conforms to its guidelines on the preparation of reports. The Committee expresses appreciation for the frank and constructive dialogue with representatives of the State party and for additional information presented during the dialogue.

67. The Committee notes with satisfaction the desire expressed by the Government of Sri Lanka to promote the economic, social and cultural rights of its citizens in spite of the armed conflict in the country. It notes with appreciation the numerous international agencies involved in humanitarian assistance in cooperation with the Government of Sri Lanka.

68. The Committee notes with appreciation that in spite of its relatively low per capita income, Sri Lanka has achieved progress in providing essential social services including free and compulsory education for all up to the age of 16, free health care, and food subsidies and supplements for targeted vulnerable groups. This has resulted in a higher UNDP Human Development Index rating in relation to other countries in the same income group.

69. The Committee recognizes that the prolonged period of violence and conflict that has affected Sri Lanka since 1983 has hampered the realization of economic, social and cultural rights in the country. The conflict has resulted in large-scale internal displacement of people, hindered government efforts to provide essential services in the affected areas, and diverted resources from social and development objectives.

The armed conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE)

70. The Committee regrets that its dialogue with representatives of the State party regarding the root causes of the armed conflict was inconclusive; the absence in the report of statistics relating to the north and east of the country can only reinforce the view of the Committee that the question of discrimination in relation to the economic, social and cultural rights of ethnic groups remains the central issue in the armed conflict in Sri Lanka. In this regard, the Committee notes with concern that the Government's peace plan, consisting of devolution of authority to regional governments through constitutional reform, has not been implemented. Although it has been more than three years since the plan was introduced, the timetable for its implementation, as well as for a referendum to determine public acceptance, remains unclear.

71. The Committee expresses its grave concern regarding the situation of an estimated 800,000 persons displaced because of the armed conflict, many of whom have been living in temporary shelters for the past 15 years and who lack basic sanitation, education, food, clothing and health care. It is reported that Tamil families who were forced by the military to leave their ancestral villages in the Welioya region are among the displaced. The Committee is alarmed by the results of an independent survey which estimated the incidence of undernourishment of women and children living in temporary shelters to be as high as 70 per cent, and by reports that in many cases food assistance did not reach the intended beneficiaries.

72. The Committee notes with concern the uncertain situation of 85,000 Tamils of Indian origin living in Sri Lanka. They possess neither Indian nor Sri Lankan citizenship, have no access to basic services such as education, and do not enjoy their economic, social and cultural rights.

73. The Committee notes with concern the existence of disparities between statutory law and customary law. The age for marriage in statutory law is 18 years but girls as young as 12 years of age are able to marry under customary law, as long as the parents consent. The Committee is of the view that the practice of early marriage has negative impacts on the right to health, right to education and the right to work, particularly of the girl child. In statutory law, there is equality of inheritance among siblings while customary law discriminates against married women who, unlike married men, may not inherit family property. In allowing customary law to prevail over statutory law in this regard, the Government is not complying with its obligation to protect the rights of women against discrimination.

74. The Committee further notes with concern that existing legislation discriminates against children born out of wedlock who may inherit only from their mother. This legislation violates the rights set forth in article 10 of the Covenant.

75. The Committee expresses its deep concern at the lack of anti-discrimination mechanisms in the area of employment with regard to women and minority groups. The Committee notes that while a system of ethnic recruitment quotas is in place in the public sector, there is no effort to ensure that promotions in the public sector and employment in the private sector are free from discrimination. In particular, the concept of equal pay for work of equal value is not applied effectively in Sri Lanka, particularly in the private sector where women have no legal protection against discrimination in employment.

76. The Committee deplores the Government's inability to implement its child labour laws effectively. Thousands of children are known to be fully employed, while thousands more are working as domestic servants in urban areas where many are mistreated, sexually abused and driven to prostitution. In addition, the Committee is deeply concerned about the sexual exploitation of Sri Lankan children by foreign tourists. The Committee regrets that detailed information on the magnitude of the problem was not provided. The Committee regrets further that the report of the State party does not provide a satisfactory indication of how serious the Government's efforts to protect the rights of these children are. The Committee notes with particular regret that more than 50 per cent of prostitutes are children.

77. The Committee notes with concern the plight of hundreds of thousands of Sri Lankan women working abroad as domestic helpers, many of them underpaid and treated as virtual slaves. The Committee regrets that the Government has not made a serious effort to assess the negative impact of this phenomenon on children who are left in vulnerable and difficult circumstances without their mothers and to take appropriate remedial measures.

78. The Committee notes that Sri Lanka not only has the second highest rate of suicide among youth in the world, but a rising incidence of drug and alcohol dependence, adolescent crime, child abuse, sexual disorders and domestic violence against women. The Committee expresses its deep regret that the Government has failed to comply with its obligation under article 10 of the Covenant (concerning protection of the family) and article 12.

79. The Committee notes with grave concern the information from UNDP that 22 per cent of the population of Sri Lanka lives in poverty, and that many women and children are suffering from malnutrition. It also notes with grave concern the information regarding the continued acute shortages of adequate housing and construction materials for homes in need of repair. The Committee further notes the lack of updated information on the measures implemented by the Government in accordance with its obligations under article 11 of the Covenant.

80. The Committee also notes with concern that inadequate efforts appear to have been made by the Government to promote awareness among the women of Sri Lanka of their human rights.

81. The Committee is concerned that the Constitution does not expressly recognize the right to strike and imposes vague restrictions on the right to form trade unions, which would lead to penalties being arbitrarily imposed on workers who exercise these rights.

82. The Committee notes with concern that the current policy allowing industry-specific wage boards to determine minimum wages does not protect workers in the smaller industries which are not part of the wage board system.

83. The Committee expresses concern that the distinction contained in the current Constitution between "citizens" and "other persons" with respect to the right to equality, has not been removed from the proposed revised Constitution currently before Parliament.

84. The Committee notes with concern the uncertain situation concerning demolition of houses and illegal settlements in Sri Lanka.

85. The Committee is fully aware of the human and material costs of the armed conflict in Sri Lanka and the deleterious effects this has on the economic, social and cultural rights of every person living in the country. In the hope of a just, speedy and peaceful solution to the war, the Committee urges the Government, as a matter of the highest priority, to negotiate the acceptance by all concerned of its proposed peace plan involving devolution of authority to regional governments. The Committee requests the State party to include in its next report detailed information on how the process of devolution of authority affects the enjoyment of economic, social and cultural rights throughout the country. In this regard, the Committee reiterates that it attaches great importance to the gathering of relevant data, disaggregated by all factors including gender, age, ethnicity and nationality, which may help identify vulnerable groups in society. The Committee requests that such data be made available to it in the next report of the State party.

86. The Committee strongly recommends that the Government establish mechanisms to facilitate the flow of humanitarian assistance and to strictly monitor and ensure that the intended recipients actually receive the assistance. In particular, the Committee urges the Government to seek further international assistance in its efforts to provide permanent housing to displaced persons who have been living in "temporary" shelters since the war began 15 years ago. It is further recommended that the Government reassess the food assistance programme already in place in affected areas with a view to improving the nutritional standards of the food provided, particularly to children and expectant and nursing mothers.

87. The Committee takes note of the Government's avowed plans to award citizenship to the 85,000 stateless Tamils living on Sri Lankan territory. The Committee requests an update regarding this situation in the next periodic report.

88. The Committee urges the State party to enforce the minimum legal age for marriage of 18 years, as well as inheritance laws affecting women, thereby superseding discriminatory customs and traditions. The Committee urges the State party to repeal all laws that discriminate against children born out of wedlock.

89. The Committee recommends that the State party adopt policies and implement relevant measures to combat discrimination in employment against women and minority groups in both the private and public sectors. Particular attention should be paid to the enjoyment by women and men of the right to equal pay for work of equal value.

90. The Committee urges the Government vigorously to enforce its child labour laws and to establish immediately a legal minimum age for work in all industries that is in accordance with international standards. In relation to the exploitation of children, the Committee strongly recommends that Sri Lankan authorities renew their efforts to seek out those who are responsible for the sexual exploitation of children and to prosecute them to the full extent of the law. The Committee encourages the Government to seek the cooperation of other Governments in bringing to justice all those who engage in the sexual exploitation of children, and international assistance to establish rehabilitation programmes to facilitate the reintegration into society of children who have been victimized.

91. The Committee strongly recommends that the Government undertake an assessment of the impact on children of the prolonged absence of their mothers working abroad with a view to educating Sri Lankan women in this regard, and to discourage women from leaving the country for employment abroad as domestic helpers, the conditions of which are often deplorable.

92. The Committee further requests that an updated report be provided on progress achieved by the Government in addressing the problems of poverty, malnutrition and lack of adequate housing.

93. The Committee recognizes that economic conditions provide a strong incentive for many adults to seek work abroad, but notes that any resulting separation of parents, and especially mothers, from their children can have significant negative consequences, especially for the children. The Committee recommends that a study be undertaken to shed more light on the issues involved and to provide a basis for more informed decision-making in such cases.

94. The Committee has taken note that a presidential task force has been investigating the problem of suicide among the youth and has issued recommendations in this regard. The Committee requests that the report of this task force, as well as information on action pursuant to its recommendation, be made available in the next report submitted by the State party.

95. The Committee considered Nigeria's initial report on the rights covered by articles 1 to 15 of the Covenant (E/1990/5/Add.31) at its 6th to 8th meetings held on 29 and 30 April 1998 and, at its 24th meeting on 13 May 1998, adopted the following concluding observations.

96. The Committee welcomes the presentation of Nigeria's initial report as well as the presence before the Committee of a delegation drawn from Nigeria's Permanent Mission at Geneva. The Committee regrets that no expert delegation could come from the capital and also the fact that Nigeria's initial report did not conform to the guidelines the Committee has established and that the additional information was received too late to be translated. Furthermore, the Nigerian delegation acknowledged that it was not equipped with the detailed and up-to-date facts and statistics required to satisfactorily answer the list of issues submitted by the Committee to the Nigerian Government 11 months earlier. Additional information promised by the delegation during the dialogue was never received.

97. The enjoyment of economic, social and cultural rights is hindered by the absence of the rule of law, the existence in Nigeria of military governments, the suspension of the Constitution in favour of rule by military decree and the concomitant resort to intimidation, and the negative effects of widespread corruption on the functioning of governmental institutions.

98. The Nigerian people are deprived of the necessary judicial protection of their human rights because the judiciary is undermined by "ouster clauses" attached to many military decrees as well as by the military Government's refusal to implement the judiciary's decisions.

99. The negative attitude of the Government of Nigeria with respect to the promotion and protection of human rights in general, and economic, social and cultural rights in particular, is further illustrated by its refusal to cooperate with the United Nations human rights mechanisms, in particular the Special Rapporteur of the Commission on Human Rights and the Secretary-General's fact-finding mission.

100. The Committee welcomes the establishment of the National Human Rights Commission of Nigeria, although it notes that the powers and independence of the Commission have been the subject of criticism. The Commission has made salutary recommendations in the field of human rights and has recommended the creation of prison inspection committees. Many of the Commission's recommendations, however, have gone unheeded.

101. The Committee welcomes the establishment of a Ministry for Women's Affairs which is now responsible for the welfare of women and children. Small improvements have also been made in women's participation in the political process. Three women have been included in the current Cabinet.

102. The Committee also welcomes the establishment of the National Child Rights Implementation Committee and the preparation of a National Child Plan of Action.

103. The Committee takes note of the statement by the delegation to the effect that the Nigerian education and health sectors have, as from 1998, received more attention and larger budgetary allocations with substantial increases for infrastructure in the health and education fields.

104. The Committee notes with regret that the Special Rapporteur of the Commission on Human Rights, as noted in his report on the situation of human rights in Nigeria (E/CN.4/1998/62), has not been permitted to visit the country and that the Nigerian Government failed to heed the appeals and concerns expressed by the Secretary-General's fact-finding mission, the decisions of the African Commission on Human and Peoples' Rights and the statements of the National Human Rights Commission of Nigeria, the Commonwealth Ministerial Action Group and the International Labour Organization.

105. The Committee expresses its regret that the Nigerian authorities deemed it fit to expel an estimated 500 Chadian and other workers in inhuman and undignified circumstances, including persons with residence permits who had been legally established for many years in Nigeria and had participated in and contributed to the social security system. No adequate compensation is known to have been made to the majority of them.

106. In the light of the foregoing, and substantiated by the report of the Special Rapporteur of the Commission on Human Rights and by the latter's resolution 1998/64 of 21 April 1998 regarding the human rights situation in Nigeria, as well as by the many other reports of independent international organizations and NGOs (all the relevant material having been made available to the Nigerian delegation before and throughout the dialogue), the Committee draws the conclusion that the rule of law is absent in Nigeria, with the attendant extensive violations affecting all aspects and domains of economic, social and cultural rights in the State party.

107. The Committee is concerned about the high percentage of unemployment and underemployment among Nigerian workers, particularly agricultural workers, due to the neglect of the agricultural sector. This has led to massive migrations by agricultural workers in search of work to the cities, where they live in poverty and degrading conditions.

108. The Committee expresses its concern that women suffer discrimination in the workplace, particularly with respect to access to employment, promotion to higher positions and equal pay for work of equal value.

109. The Committee is concerned that the executive councils of the Nigeria Labour Congress (NLC), the National Union of Petroleum and Natural Gas Workers (NUPENG) and the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) were dissolved in 1994 by military decree and that military administrators have been appointed to run these trade unions since then. The Committee further notes with concern that the military Government has also decreased the number of labour unions from 42 to 29 and has prevented unions from associating with international federations of labour unions. In spite of repeated recommendations by the ILO, violations continue. In this regard, the Committee regrets that the Nigerian Government has refused to receive the visit of a direct contacts mission of the ILO to discuss these matters.

110. The Committee is greatly concerned at the fate of the NUPENG General Secretary, Frank Kokori, and the PENGASSAN General Secretary, Milton Dabibi, who have been imprisoned for four and two years respectively, without being charged or tried. The Nigerian delegation could not explain why they have not been charged or tried until now.

111. The Committee expresses its deep concern over repeated violations of the right to strike, wherein industrial action by workers seeking higher salaries have been repressed by the Government under the pretext of State security.

112. The Committee expresses its concern about the Government's policy of retrenchment aimed at dismissing up to 200,000 employees in the public sector, without adequate compensation. The Committee notes with concern that in 1997 the military Governor of the State of Kaduna issued a decree dismissing 22,000 workers of the Kaduna State civil service when they went on strike.

113. The Committee also expressed its dissatisfaction with the functioning of the inadequate social security system. The delegation indicated that the Nigerian Government does not interfere with the private sector, where most workers are now engaged. No statistics or other information were provided about the degree of enjoyment by employees of the private sector of their social security rights. Nor are there any statistics about the Government's attempts to spread the social security net to cover the majority of the unemployed poor. The National Nigerian Insurance Trust Fund does not cover all the needy. In the private sector, social security benefits are voluntary, depending on employers' whims.

114. The Committee deplores the failure of the Government of Nigeria to abolish female genital mutilation, a practice which is incompatible with the human rights of women and in particular with the right to health. According to UNICEF, the prevalence of female genital mutilation in Nigeria is estimated to be 50 per cent of the female population.

115. The Committee condemns the continuing existence of legal provisions which permit the beating ("chastisement") of women by their husbands.

116. The Committee notes with concern that polygamy, a practice which is very often incompatible with the economic, social and cultural rights of women, is widespread in Nigeria.

117. The Committee expresses its deep concern about the rising number of homeless women and young girls, who are forced to sleep in the streets where they are vulnerable to rape and other forms of violence.

118. Children are not much better off. Many resort to prostitution to feed themselves. The rate of school drop-outs at the primary school age is over 20 per cent. Twelve million children are estimated to hold one job or another. For those who go to school, up to 80 or more are crammed into dilapidated classrooms originally meant to take a maximum of only 40. They are the first to suffer the results of broken marriages. Nigerian law does not provide equal treatment to children born in wedlock and those born out of wedlock. Most alarming is the widespread problem of children suffering from malnutrition. Almost 30 per cent of Nigerian children suffer from malnutrition and its damaging consequences. According to UNICEF, all available evidence shows that hunger and malnutrition are widely prevalent in Nigeria.

119. The Committee is greatly disturbed that 21 per cent of the population of Nigeria live below the poverty line in spite of the country's rich natural resources. The Committee further notes with concern that due to economic and administrative mismanagement, corruption, runaway inflation and the rapid devaluation of the naira, Nigeria now ranks among the world's 20 poorest countries.

120. According to World Bank estimates at least 17 million Nigerians, many of whom are children, are undernourished. The gap is widening between the (increasing) rate of population growth and demand for food, on the one hand, and the (falling) rate of food production, on the other. Nigeria has moved from being an exporter of food items to a net importer.

121. The Committee is appalled at the great number of homeless people and notes with concern the acute housing problem in Nigeria where decent housing is scarce and relatively expensive. The urban poor, especially women and children, are forced to live in makeshift shelters in appalling and degrading conditions presenting hazards for both physical and mental health. Safe, treated pipe-borne water is available to about 50 per cent of urban dwellers but to only 30 per cent of rural inhabitants. In general, only 39 per cent of Nigeria's population has adequate access to clean drinking water.

122. The Committee notes with concern that gross underfunding and inadequate management of health services during the last decade had led to the rapid deterioration of health infrastructures in hospitals. The capital allocation for health and social services in the 1996 budget was N 1.7 billion, only 3.5 per cent of all capital allocations to federal ministries. Frequently, hospital patients not only have had to buy drugs, but have also had to supply needles, syringes and suture thread, in addition to paying for bed space. As a result many Nigerian doctors have chosen to emigrate.

123. The Committee notes with alarm the extent of the devastation that oil exploration has caused to environment and the quality of life in those areas, including Ogoniland where oil has been discovered and extracted without due regard for the health and well-being of the people and their environment.

124. The Committee regrets the fact that the Government's social and health allocations are consistently diminishing and that the authorities have reintroduced primary school fees in certain States and imposed hospital charges where they did not exist before.

125. Schoolchildren often have to carry their desks and chairs from their homes to the school. According to reports by UNICEF, there has been a marked reduction in school-age children going to school as parents cannot afford to pay the new drastically increased school fees for primary and secondary school. Recent poor educational quality is due partly to little teacher attention being devoted to schoolwork because of poor salaries, leading to incessant strikes and school closures.

126. University fees increased dramatically in 1997 and students in some universities, especially in southern Nigeria, were required to pay 10 times as much as other students. In addition, satellite campuses were forced to close for no particular reason.

127. The military authorities have found intellectuals, journalists, university professors and university students to be easy targets for repression or persecution on the pretext that they constitute the most vociferous and dangerous political opposition. One of the major university campuses has been put under military guardianship. Universities have suffered repeated and long periods of closure. There is also a brain drain in academia, as a result of political and academic instability as well as the extremely low salaries of university professors.

128. The restoration of democracy and the rule of law are prerequisites for the implementation of the International Covenant on Economic, Social and Cultural Rights in Nigeria. Elimination of the practice of governing by military decree and the strengthening of the authority of the Nigerian judiciary and the National Human Rights Commission are necessary first steps in restoring confidence in the regime's intention to reinstitute democratic civilian rule.

129. The Committee urges the Nigerian Government to open up to United Nations bodies, specialized agencies and other international organizations and to conduct constructive and transparent dialogues with them, as a necessary step towards the restoration of confidence in Nigeria's intention to implement its human rights obligations, including those under the Covenant.

130. The Committee calls upon the Government to restore a democratic political system and respect for the rule of law, which is a prerequisite for the development of a system of government which promotes full respect for economic, social and cultural rights. Respect for trade union freedoms and academic freedom should also be restored urgently.

131. The Committee urges the Government, in the strongest terms, to release trade union leaders and members, including in particular those named in paragraph 110 above, who have been imprisoned without being charged or tried. Harsh prison conditions should be alleviated and political prisoners freed and pardoned. The rights of labour unions and syndicates should be restored and respected.

132. The rights of minority and ethnic communities - including the Ogoni people - should be respected and full redress should be provided for the violations that they have suffered of the rights set forth in the Covenant.

133. The Committee calls on the Government to cease and prevent, in law and in practice, all forms of social, economic and physical violence and discrimination against women and children, especially the continuous, degrading and dangerous practice of female genital mutilation.

134. Likewise, the Nigerian Government should enact legislation and ensure by all appropriate means the protection of children against the many negative consequences ensuing from child labour, dropping out of school, malnutrition, and discrimination against children born out of wedlock.

135. The Nigerian Government should take steps to meet the targets it has accepted in relation to Education for All by the year 2000 and should enforce the right to compulsory, free primary education.

136. The Committee urges the Government to cease forthwith the massive and arbitrary evictions of people from their homes and to take such measures as are necessary to alleviate the plight of those who are arbitrarily evicted or are too poor to afford decent accommodation. In view of the acute shortage of housing, the Government should allocate adequate resources and make sustained efforts to combat this serious situation.

137. The Committee recommends that a more positive and open dialogue between the Committee and the Nigerian Government be undertaken and maintained. The Government need not wait until its next report is due in five years' time; the Committee calls upon the Government to submit a comprehensive second periodic report, prepared in conformity with the Committee's guidelines, by 1 January 2000.

138. The Committee urges the State party to disseminate the present concluding observations widely.

139. The Committee considered the third periodic report of Poland on the rights covered by articles 1 to 15 of the Covenant (E/1994/104/Add.13), along with the written replies to the list of questions, at its 10th to 12th meetings, held on 4 and 5 May 1998 and, at its 26th meeting on 14 May 1998, adopted the following concluding observations.

140. The Committee welcomes the submission of the third periodic report of Poland, which it found to be comprehensive and to conform to its guidelines on the preparation of reports. The Committee also expresses appreciation for the additional information presented prior to and during the dialogue by a well-informed delegation, which enabled it to engage in a frank and constructive dialogue.

141. The Committee notes with satisfaction the prominence accorded to economic, social and cultural rights in the new 1997 Constitution, which contains provisions protecting, inter alia, the rights freely to pursue an occupation, to safe conditions of work, to social security, to education and of housing. It welcomes the State party's expressed intention to abide by international human rights standards, including the European Social Charter. The Committee also notes with interest that Poland has no substantive objections to ratifying International Labour Organization Convention No. 97 (1949) on migration for employment (revised), No. 102 (1952) on minimum standards for social security, No. 159 (1983) on vocational rehabilitation and employment (disabled persons), and No. 176 (1995) on safety and health in mines. It further welcomes Poland's expressed intention to ratify Convention Nos. 102 and 176 and to examine the possibility of ratifying the other conventions in the near future.

142. The Committee further welcomes the status accorded to international legal instruments, including the Covenant, in Polish national law. Under the new Constitution, international treaties may be directly invoked in the courts, except for those considered not to be self-executing in nature. The Committee was assured that any provisions of the Covenant not considered to be self-executing will be adopted into domestic law and given effect in that way. It expresses satisfaction that in cases of conflict with national law, international treaties will prevail over national law.

143. The Committee welcomes the establishment and functioning of the office of the Commissioner for Citizens' Rights, who may be addressed by all persons and who appears to exercise sufficiently broad powers of investigation and application for redress from the relevant authorities. The Committee also notes that the new Constitution foresees the establishment of a Commissioner for Children's Rights. It looks forward to receiving information in the next report of the State party on the specific functions and authority entrusted to these posts, as well as on any follow-up to the decisions or recommendations of the Commissioners.

144. The Committee welcomes the success achieved during the last five years in terms of economic performance, particularly in controlling inflation, raising production and doubling the level of per capita income since 1994. It also expresses satisfaction that the State party has sought international assistance in implementing many social programmes and modernizing government facilities.

145. The Committee welcomes the recent Action Programme for Women, which includes among its objectives the elimination of violence against women, and notes with interest the assurances offered that domestic violence will be fully addressed in the next periodic report.

146. The Committee commends the efforts of the Government to upgrade its labour market services designed to improve access to employment opportunities, to retrain workers for jobs in demand, and to provide assistance to people wishing to move from overpopulated areas to underpopulated rural areas.

147. The Committee recognizes that there are, inevitably, difficulties arising from the process of political transition to a democratic form of government, as well as problems arising from transition to a market-oriented economy.

148. With respect to the question of minorities, the Committee notes with interest the treaty concluded with Germany on the subject of the German ethnic minority in Poland by which various rights of this group were given effect, including a fixed number of seats in Parliament and the right to operate a large number of schools. The Committee notes that similar treaties were not concluded with respect to other minority groups and is concerned that such a situation may lead to perceived or actual inequalities between minorities.

149. The Committee notes that under the new Constitution, Poland is a secular State with no formal role attributed to any religious denomination. The Committee is nevertheless concerned that policies and decisions of a social nature seem to be excessively influenced by particular religious considerations and do not take adequate account of the existence of minority religious groups.

150. The Committee notes that restrictions have recently been imposed on abortions that exclude economic and social grounds for performing legal abortions. The Committee expresses its concern that because of this restriction, women in Poland are resorting to unscrupulous abortionists and risking their health in doing so. The Committee is also concerned that family planning services are not provided in the public health-care system so that women have no access to affordable contraception.

151. The Committee also expresses concern at the rising incidence of domestic violence and of trafficking of young women, as acknowledged by the Government. It notes the absence of specific regulations on sexual harassment of women, the lack of shelters for the women and children who are victims of family violence in 33 per cent of voivodships, and the apparent lack of counselling facilities for such victims.

152. The Committee expresses deep concern that the right to work is not fully enjoyed by women. It notes that the principle of equal pay for equal work is not being respected. The Committee deplores, in particular, the fact that women earn on average only 70 per cent of the wages earned by men, despite their generally higher levels of education. It also notes the existence of discriminatory practices such as job advertisements specifying the preferred gender of the employees sought and women candidates for jobs being asked to take pregnancy tests, despite the existence of legislation prohibiting such practices.

153. The Committee notes that despite the efforts of the Government referred to in paragraph 146 above, there is a high unemployment rate in the State party. The Committee is concerned over the large numbers of unemployed and underemployed persons, particularly youth in rural areas. The Committee suggests that the high unemployment figures may be partly attributable to the "grey" and "black" markets, where people work with no formal contract and pay little or no taxes and which is encouraged in large part by high employment taxes. The Committee notes that measures to deal with these situations are new and awaits information on their results in the next periodic report.

154. The Committee draws the attention of the Government to article 11, paragraph 1, of the Covenant and to its General Comment No. 7 (1997) on the right to adequate housing (art. 11, para. 1, of the Covenant): forced evictions. / E/1998/22, annex IV./ The Committee is concerned about existing legal provisions under which forced evictions may be carried out without provision for alternative lodging. The Committee also views with concern the problem of homeless people in Poland caused by the acute shortage of housing, the relatively high number of families living below the poverty line, the recent flooding and forced evictions.

155. The Committee expresses concern over the deteriorating health indicators that have been recorded during the last five years. It also draws attention to several areas of particular concern identified during the dialogue, namely, declining levels of nutrition, rising alcoholism, and increasing cardiovascular disease and cancers.

156. The Committee is concerned about the inadequate enforcement of occupational safety laws in Poland resulting in a relatively high number of accidents in the workplace, both in the private and the public sectors.

157. The Committee recommends that special care be taken to ensure full respect for the rights of all religious groups, particularly concerning issues of national policy such as education, gender equality and health care. The Committee further recommends that the rights of all minority groups with regard to their right to participate in national political and economic life and the right to practise and teach their culture be fully respected.

158. The Committee recommends that every effort be made to ensure women's right to health, in particular reproductive health. It recommends that family planning services be made available to all persons, including counselling on safe alternatives to contraception and reliable and informative sex education for school-age children.

159. The Committee recommends that sexual harassment against women be prohibited by law. It recommends that shelters for women and children who are victims of family violence, with all necessary support facilities, including counselling and other assistance, be provided in all voivodships. It looks forward to receiving in the next periodic report detailed information on the problem of domestic violence and the results of the recently adopted Action Programme for Women.

160. The Committee recommends that the 1962 citizenship law, which discriminates against women by not granting them the same right as men to transmit citizenship to their foreign-born spouses, be abolished.

161. The Committee recommends that the right to work be fully protected for women as well as for men on the basis of equal pay for equal work. It suggests that a study be undertaken on the subject and requests that information on measures taken in this regard be contained in the next periodic report submitted by the State party.

162. The Committee urges the State party to take appropriate measures, especially increasing the number of State labour inspectors and strengthening their powers, in order to ensure that occupational safety legislation is properly implemented.

163. The Committee recommends that the conditions for permissible forced evictions be specified in law, with provisions that address the need for alternative lodging for those evicted. The Committee urges the State party to take all appropriate measures in addressing the problems of the acute housing shortage and homelessness. It further recommends that the basis for setting rental rates be determined in a way that protects the rights of both property owners and tenants, especially those among the most vulnerable groups of society. The Committee suggests that information on one's rights and responsibilities and the public and private avenues of assistance available in a market economy be provided to all consumers, in particular tenants. The Committee emphasizes that respect for the right to housing should include, when appropriate, measures to assist those whose homes are put in jeopardy or who are rendered homeless by dramatic rent increases due to the elimination of rental subsidies.

164. The Committee recommends that the State party engage in a large-scale public information campaign to promote healthy lifestyles among the Polish people in order to improve the quality of their nutrition, combat alcoholism and smoking, and reduce the risks of cardiovascular diseases and cancers. The campaign should extend to schools, where such information should be incorporated into the regular curricula.

165. The Committee urges the State party to accelerate the process of ratification of ILO Conventions Nos. 102, 176, 97 and 159. It requests that information on that process, as well as on all points contained in these concluding observations on which information has been requested, be contained in the next periodic report submitted by the State party.

166. The Committee urges the State party to disseminate the present concluding observations widely.

167. The Committee considered the second periodic report of the Netherlands (the European part of the Kingdom) on the rights covered by articles 1 to 15 of the Covenant (E/1990/6/Add.11) at its 13th to 17th meetings, held on 5 to 7 May 1998 and, at its 28th meeting on 15 May 1998, adopted the following concluding observations.

168. The Committee thanks the Government of the Netherlands for the presentation of its report, which was in keeping with the Committee's guidelines, although it was nearly nine years late. The Committee also welcomed the written submission of full replies to its list of questions and expressed satisfaction at the open and constructive dialogue with the State party, which was represented by a delegation of experts. The Committee appreciates the high quality of the information contained in the core document (HRI/CORE/1/Add.66).

169. The Committee recognizes the State party's long tradition of respect for human rights and that the various initiatives it has taken to guarantee these rights more securely have been included as part of this tradition.

170. The Committee notes that the Netherlands has to a considerable extent met its obligations with respect to the protection of the rights set out in the Covenant.

171. The Committee welcomes the programmes and measures adopted in the education system to eliminate discrimination against women and to address social stereotypes of women in the media.

172. The Committee welcomes very warmly the success of the campaign against racial discrimination which can be seen in particular in the fact that incidents of racial violence have disappeared.

173. The Committee also welcomes the Government's programmes to create new jobs and help the unemployed, particularly ethnic minorities, young people and persons over 50 years of age, to become part of or to become reintegrated into the labour force.

174. The Committee welcomes the Government's intention to withdraw the reservation it entered in the Covenant concerning the right to strike.

175. The Committee considers that the Government's policy of providing subsidies for the construction of places of worship for the various religions practised in the Netherlands is of considerable importance both in helping to combat discrimination and in contributing to the realization of the right to take part in cultural life.

176. The Committee notes that the structural adjustment policy adopted by the Government has lowered the standard of living of the lowest income groups. The reduction in services and subsidies previously provided by the State has had adverse effects on wages, health, social security and education. This policy has not undergone any change despite the economic growth recorded over the last four years, but the Committee notes the Government's assertion that it will continue its efforts to alleviate the damage which the policy has caused or may cause to the most vulnerable sectors of society.

177. In line with its General Comment No. 3 (1990) on the nature of States parties' obligations (art. 2, para. 1, of the Covenant), / E/1991/23, annex III./ the Committee considers that, at a minimum, certain provisions of the Covenant are potentially able to be directly applied both in law and in policy. It therefore cannot accept the assertion by the representative of the State party that for essentially technical reasons the Covenant is not directly applicable.

178. The Committee is concerned by continuing discrimination against women at work. Their higher rate of unemployment, their lower position on the wage scale and their disproportionate representation in part-time work reveal that the principle of equality established by the law is not effectively enforced.

179. Racial discrimination can also be seen to exist in labour matters, contributing to some extent to unemployment among immigrants.

180. A third group which suffers from discrimination in the labour market is that of persons 55 to 65 years of age, whose unemployment rate is over 50 per cent.

181. The Committee expresses its concern at the permissive nature of labour legislation with regard to overtime, the excessive use of which may give rise to a decline in the creation of further jobs.

182. The Committee expresses its concern that the reform of the social security system may have certain adverse consequences for the most underprivileged sectors of society.

183. The Committee regrets that the statistical data on violence against women and child abuse have not been analysed and used to formulate measures to address these problems. The Committee also regrets that the lack of information on child prostitution has prevented both the Government and the Committee from appreciating the extent of this problem.

184. The Committee views with concern the living conditions of asylum seekers in some reception centres in the country.

185. The Committee wishes to express its concern at the consequences of the Tuition Fees Act which has led to a constant increase in the cost of education. Such increases are contrary to the principle of equality of opportunities between the children of rich families and children of poor families.

186. The Committee wishes to express its concern at the statement by the State party that the Government of the Netherlands is not responsible for the implementation of economic, social and cultural rights in Aruba and the Netherlands Antilles, given that Aruba and the Netherlands Antilles are equal parts of the Kingdom of the Netherlands and the Government of the Netherlands contributes every year 1.5 per cent of GNP to Aruba and the Netherlands Antilles.

187. The Committee recommends that the Government reassess the extent to which the provisions of the Covenant might be given direct applicability within the Kingdom.

188. The Committee recommends that the Government intensify its efforts to guarantee men and women equal access to employment and equal wages for work of equal value.

189. The Government should continue its endeavours to root out racial discrimination in the labour market with a view to facilitating the integration of immigrants and their families into the national life.

190. The Committee encourages the Government to adopt measures to promote the access of persons between the ages of 55 and 65 to the labour market.

191. The Committee urges the Government to ensure that the reduction of budgetary allocations for social welfare programmes does not adversely affect the economic, social and cultural rights of the most vulnerable groups in the Netherlands, and calls upon the Government to address this issue in detail in its next periodic report.

192. The Committee notes that the Ministry of Justice is currently analysing the results of studies on violence against women and on child abuse, with a view to formulating policies and implementing measures to combat these problems. The Committee recommends that more clearly targeted policies be adopted to protect the welfare of the family. The Committee requests an update on these matters in the Government's next report.

193. The Government should take appropriate steps to alleviate or eliminate the adverse effects of the Tuition Fees Act.

194. The Committee urges the State party to ensure that it complies fully with its obligations under the Covenant as they apply to Aruba and the Netherlands Antilles.

195. The Committee also considered the second periodic report of Aruba on the rights covered by articles 1 to 15 of the Covenant (E/1990/6/Add.13) at its 13th to 17th meetings and, at its 28th meeting, adopted the following concluding observations.

196. The Committee regrets that no delegation from Aruba was able to take part in the discussion and that the resulting dialogue therefore proved unsatisfactory, despite attempts by the delegation of the Netherlands to answer questio

FAO GNP	Food and Agriculture Organization of the United Nations Gross national product
ILO	International Labour Organization
IMF	International Monetary Fund
MAI	Multilateral Agreement on Investment
NGLS	Non-Governmental Liaison Service
OECD	Organization for Economic Cooperation and Development
OHCHR TNCs	Office of the United Nations High Commissioner for Human Rights Transnational corporations
UNCTAD	United Nations Conference on Trade and Development
UNDAF	United Nations Development Assistance Framework
UNDP	United Nations Development Programme
UNESCO UNHCR	United Nations Educational, Scientific and Cultural Organization United Nations High Commissioner for Refugees
UNICEF	United Nations Children's Fund
WTO	World Trade Organization