CONTENTS
Paragraphs Page
Abbreviations
............................................................................................................................
9
Chapter
I.
ORGANIZATIONAL AND OTHER MATTERS .................................
1 -
25
10
A. States parties to the Covenant
............................................................
1
10
B. Sessions and agenda
........................................................................
2 -
6
10
C. Membership and attendance
.............................................................
7 -
10
11
D. Pre-sessional working group
..........................................................
11 -
13
13
E. Officers of the Committee
..................................................................
14
14
F. Organization of work
.....................................................................
15 -
20
15
G. Next session
......................................................................................
21
16
H. States parties' reports scheduled for consideration
by the Committee at its upcoming sessions
......................................
22 -
24
16
I. Composition of the pre-sessional working group
.................................
25
17
II.
OVERVIEW OF THE PRESENT WORKING METHODS
OF THE COMMITTEE
......................................................................
26 -
58
18
A. General guidelines for reporting
...............................................
28
18
B. Examination of States parties' reports
.............................................
29 -
42
18
1. Work of the pre-sessional working group
.................................
29 -
37
18
2. Presentation of the report
.........................................................
38 -
41
20
3. Deferrals of the presentation of reports
.........................................
42
21
C. Procedures in relation to follow-up action
.......................................
43 -
46
21
GE.01-41187 (E)
CONTENTS (continued)
Paragraphs Page
Chapter
II.
D. Procedure in response to non-submitted and
(cont'd)
considerably overdue reports
.........................................................
47 -
49
23
E. Day of general discussion
...................................................................
50
23
F. Other consultations
........................................................................
51 -
53
24
G. General comments
.........................................................................
54 -
58
24
III. SUBMISSION OF
REPORTS BY STATES PARTIES
UNDER ARTICLES 16 AND 17 OF THE COVENANT ..................
59 -
62
27
IV. CONSIDERATION OF
REPORTS SUBMITTED BY
STATES PARTIES UNDER ARTICLES 16 AND 17
OF THE COVENANT
.......................................................................
63 -
571 28
Twenty-second session
Georgia
.........................................................................................
75 -
106 30
Italy
.............................................................................................
107 -
142 34
Egypt
...........................................................................................
143 -
185 38
Republic of Congo (without a report)
...........................................
186 -
219 43
Twenty-third session
Jordan
.........................................................................................
220 -
258 49
Mongolia
.....................................................................................
259 -
287 53
Sudan
..........................................................................................
288 -
328 57
Kyrgyzstan
..................................................................................
329 -
365 62
Australia
......................................................................................
366 -
402 66
CONTENTS (continued)
Paragraphs Page
Chapter
IV. Twenty-fourth
session
(cont'd)
Portugal
.......................................................................................
403 -
426 70
Finland
........................................................................................
427 -
462 73
Belgium
.......................................................................................
463 -
495 76
Yugoslavia (preliminary recommendations)
...................................
496 - 511
80
Morocco
.....................................................................................
512 -
571 82
V. FOLLOW-UP TO
THE COMMITTEE'S
CONSIDERATION OF REPORTS UNDER
ARTICLES 16 AND 17 OF THE COVENANT ..............................
572 -
577 89
Nigeria
..............................................................................................
573 -
575 89
Israel
...............................................................................................
576 -
577 90
VI. DAY OF GENERAL
DISCUSSION
The right of everyone to benefit from the protection of the
moral and material interests resulting from any scientific,
literary or artistic production of which he is the author
(art. 15, para. 1 (c), of the
Covenant)..................................................
578 -
635 91
VII. REVIEW OF METHODS OF
WORK OF THE COMMITTEE
Decisions adopted and subjects discussed by the
Committee at its twenty-second, twenty-third and
twenty-fourth sessions
........................................................................
636 -
653 103
VIII. ADOPTION OF THE REPORT
.............................................................
654
109
CONTENTS (continued)
Page
Annexes
I.
States parties to the Covenant and status of submission of
reports............................... 110
II.
Membership of the Committee on Economic, Social and Cultural
Rights...................... 124
III. A. Agenda
of the twenty-second session of the Committee on
Economic, Social and Cultural Rights (25 April-12 May
2000)............................. 125
B. Agenda of the twenty-third session of the Committee
on
Economic, Social and Cultural Rights
(14 August-1 September
2000)............................................................................
126
C. Agenda of the twenty-fourth session of the Committee
on
Economic, Social and Cultural Rights
(13 November-1 December
2000).......................................................................
127
IV. General Comment
No. 14 (2000): The right to the highest attainable
standard of health (art. 12 of the International Covenant on
Economic, Social and Cultural
Rights).........................................................................
128
V.
Non-governmental organization participation in the activities
of the Committee on Economic, Social and Cultural
Rights.......................................... 149
VI. Cooperation with
international financial
institutions.......................................................
162
A. Letter dated 7 September 2000 from the Chairperson of
the
Committee on Economic, Social and Cultural Rights addressed
to the President of the World Bank and to the Director-General
of the International Monetary
Fund.......................................................................
162
B. Letter dated 26 September 2000 from the President of
the
World Bank, in reply to the letter from the Chairperson of the
Committee on Economic, Social and Cultural
Rights.............................................. 164
C. Letter dated 14 November 2000 from the Director-General of
the
International Monetary Fund, in reply to the letter from the
Chairperson of the Committee on Economic, Social and
Cultural
Rights......................................................................................................
165
CONTENTS (continued)
Annexes (continued)
Page
VII. Enhancing
collaboration with the United Nations Educational,
Scientific and Cultural Organization
............................................................................
167
A. Letter dated 22 August 2000 from the Chairperson of
the
Committee on Economic, Social and Cultural Rights addressed
to the Director‑General of the United Nations
Educational,
Scientific and Cultural Organization
......................................................................
167
B. Letter dated 10 November 2000 from the
Director‑General of the
United Nations Educational, Scientific and Cultural
Organization,
in reply to the letter from the Chairperson of the Committee on
Economic, Social and Cultural Rights
...................................................................
168
VIII. Statement of the Committee
on Economic, Social and Cultural Rights
to the Convention to draft a Charter of Fundamental Rights of
the
European Union
........................................................................................................
169
IX. Letter dated 27
November 2000 from the Chairperson of the
Committee on Economic, Social and Cultural Rights addressed to
the
Minister for Foreign Affairs of Nigeria through the Permanent
Mission
of Nigeria to the United Nations and Other International
Organizations
in Geneva
..................................................................................................................
171
X. Letter dated
1 December 2000 from the Chairperson of the Committee
on Economic, Social and Cultural Rights addressed to Mr. Yaakov
Levy,
Permanent Representative of Israel to the United Nations
Office and
the Specialized Agencies in Geneva
...........................................................................
172
XI. A. List of
States parties' delegations which participated in the
consideration of their respective reports by the Committee on
Economic, Social and Cultural Rights at its twenty-second session
........................ 174
B. List of States parties' delegations which
participated in the
consideration of their respective reports by the Committee on
Economic, Social and Cultural Rights at its twenty-third session
............................ 177
C. List of States parties' delegations which participated in
the
consideration of their respective reports by the Committee on
Economic, Social and Cultural Rights at its twenty-fourth session
.......................... 180
CONTENTS (continued)
Annexes (continued)
Page
XII. A. List of
documents of the Commitee at its twenty-second session
........................... 184
B. List of documents of the Committee at its
twenty-third session .............................. 186
C. List of documents of the Committee at its twenty-fourth
session ............................ 188
ABBREVIATIONS
AIDS
Acquired immunodeficiency syndrome
FAO
Food and Agriculture Organization of the United Nations
GDP
Gross domestic product
GNP
Gross national product
HIV
Human immunodeficiency virus
ILO
International Labour Organization
IMF
International Monetary Fund
IOM
International Organization for Migration
OSCE
Organization for Security and Cooperation in Europe
UNAIDS Joint
United Nations Programme on HIV/AIDS
UNCTAD
United Nations Conference on Trade and Development
UNDP
United Nations Development Programme
UNESCO
United Nations Educational, Scientific and Cultural
Organization
UNFPA
United Nations Population Fund
UNHCR
Office of the United Nations High Commissioner for
Refugees
UNICEF
United Nations Children's Fund
WHO
World Health Organization
WIPO
World Intellectual Property Organization
World Bank International Bank for
Reconstruction and Development
WTO
World Trade Organization
Chapter i
Organizational and other matters
A. States parties to the Covenant
1. As at 1
December 2000, the closing date of the twenty-fourth session of the
Committee on Economic, Social and Cultural Rights, 144 States
had ratified or acceded to the International Covenant on Economic,
Social and Cultural Rights, which was adopted by the General
Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened
for signature and ratification in New York on 19 December
1966. The Covenant entered into force on 3 January
1976 in accordance with the provisions of its article 27. A
list of States parties to the Covenant is contained in annex I
to the present report.
B. Sessions and agenda
2. The Committee
on Economic, Social and Cultural Rights, at its 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. The
Council, by its resolution 1995/39 of 25 July 1995, endorsed
the Committee's recommendation.
3. At its
twentieth session, held in Geneva from 26 April to 14 May 1999, the
Committee, in response to Economic and Social Council decision
1998/293, reconsidered its requests from the sixteenth session in
1996 (extraordinary additional session, holding of the nineteenth
session of the Committee in New York, payment of honoraria to
members of the Committee, extraordinary session of the
pre-sessional working group). After careful discussion, the
Committee resolved to proceed further with only one request, to
which it accords highest priority, namely the Committee decided
to invite the Council to approve an additional regular session
to be held in New York.
4. The Economic
and Social Council, having considered at its substantive session of
1999 the recommendation made by the Committee, adopted on 30 July
1999 decision 1999/287, consequently approved by General Assembly
resolution 54/251 (Part IV) of 23 December 1999, concerning
additional extraordinary sessions of the Committee. By this
decision, the Council, concerned that existing meeting arrangements
for the Committee no longer permitted it to fully discharge its
responsibilities under the Covenant and Council resolution 1985/17
in an efficient
and timely manner, approved the holding of two additional
three-week extraordinary sessions of
the Committee, as well as corresponding pre-sessional meetings
of the working group of one week's duration during 2000 and 2001,
respectively. The Council also requested that those sessions
be entirely used for the consideration of reports of the States
parties in order to reduce
the backlog of reports, and requested the Committee to consider
ways and means to improve the efficiency of its working methods and
to report to the Council in 2001 on the actions taken in this
regard.
5. Accordingly,
in 2000, the Committee held its twenty-second session from 25 April
to 12 May, its twenty-third (extraordinary) session from
14 August to 1 September and its twenty‑fourth session from
13 November to 1 December. All sessions were held at the
United Nations Office at Geneva. The agenda for each
session is shown in annex III to the present report.
6. An account of
the Committee's deliberations at its twenty-second, twenty-third
and twenty-fourth sessions is contained in the relevant summary
records (E/C.12/2000/SR.1-27,* E/C.12/2000/SR.28‑55 and
E/C.12/2000/SR.56-84 respectively).
C. Membership and attendance
7. All members
of the Committee except Mr. Kenneth Osborne Rattray attended
the twenty‑second session. All members of the
Committee attended the twenty-third
session. Mr. Paul Hunt, Mr. Eibe Riedel, Mr.
Ariranga Govindasamy Pillay and
Mr. Kenneth Osborne Rattray attended only part of
this session. All members of the Committee, except Mr.
Dumitru Ceausu, attended the twenty-fourth session.
Mr. Philippe Texier attended only part of this
session.
8. The following
specialized agencies and United Nations organs were
represented by observers at the twenty-second session: FAO,
ILO, IMF, UNAIDS, UNCTAD, UNDP, UNESCO, UNHCR, UNICEF, WHO, WIPO,
World Bank and WTO; at the twenty-third session: FAO, ILO,
UNCTAD, UNESCO, UNHCR, UNICEF, WHO, WIPO, World Bank and WTO; and
at the twenty-fourth session: UNCTAD, UNEP, UNESCO, UNHCR,
WHO, WIPO, and WTO.
9. The following
non-governmental organizations in consultative status with the
Economic and Social Council were represented by observers at the
twenty-second session:
General consultative status: International
Confederation of Free Trade Unions, World Federation of
United Nations Associations.
Special consultative status:
American Association of Jurists, Commonwealth Medical Association,
Habitat International Coalition, Inclusion International,
International Centre for Human Rights and Economic Development,
International Commission of Jurists, International Federation of
Human Rights Leagues,
International League for the Rights and Liberation of Peoples,
International Organization for the Development of Freedom of
Education, Physicians for Human Rights, World Organization Against
Torture.
Roster:
American Association for the Advancement of Science,
FIAN - Foodfirst Information and Action Network, International
Baccalaureate Organization, International Council of Nurses.
and at the twenty-third session:
General consultative status: International
Confederation of Free Trade Unions, World Federation of
United Nations Associations.
Special consultative status:
Amnesty International, American Association of Jurists, Centre on
Housing Rights and Evictions, Habitat International Coalition,
Inclusion International, International Commission of Jurists,
International Federation of Human Rights Leagues, International
Federation Terre des Hommes, International League for
the Rights and Liberation of Peoples, International
Organization for the Development of Freedom of Education,
International Service for Human Rights, New Humanity, Women's
International League for Peace and Freedom, World Organization
Against Torture, World University Service.
Roster:
American Association for the Advancement of Science,
FIAN - Foodfirst Information and Action Network, International
Baccalaureate Organization, World Association for the School as an
Instrument of Peace.
and at its twenty-fourth session:
Special consultative status:
Aboriginal and Torres Strait Islander Commission, American
Association of Jurists, Centre for Economic and Social Rights,
Centre on Housing Rights and Evictions, Habitat International
Coalition, Inclusion International, International Commission of
Jurists, International
Federation of Human Rights Leagues, International Federation of
University Women, International Human Rights Internship Programme,
International Organization for the Development of Freedom of
Education, World Lutheran Federation, World Organization Against
Torture.
Roster:
American Association for the Advancement of Science,
FIAN - Foodfirst Information and Action Network.
10. The following national
and international non-governmental organizations were represented
by observers at the twenty-second, twenty‑third and
twenty-fourth sessions: 3D Associates, Centro de
Proteção Internacional de Direitos Humanos (Brazil),
Contextos Latinoamericanos para la Promoción de los Derechos
Económicos, Sociales y Culturales (Switzerland), Comissão
de Direitos Humanos da Câmera dos Deputados (Brazil),
Department of Political Science, University of Hawai'i (United
States of America), Escritório Nacional Zumbi dos Palmares
(Brazil), Finnish League for Human Rights, Foundation of Aboriginal
and Islander Research Action (Australia), Hong Kong Human
Rights Commission, Institut Interdisciplinaire d'Ethique et des
Droits de l'Homme University of Fribourg (Switzerland),
International Anti-Poverty Law Center (United States of America),
International Centre for Human Rights and Democratic Development,
International Women's Rights Action Watch (United States of
America), Jordan Society for Human Rights, Kingsford Legal Center -
Faculty of Law at the University of New South Wales (Australia),
League of Human Rights (Belgium), Ligue italienne des droits de
l'homme, Mandat International (Switzerland), Movimento Nacional de
Direitos Humanos (Brazil), Rights and Humanity, Sovereign Union of
First Nations Peoples of Australia, Victorian Council of Social
Service (Australia), Welfare Rights Centre (Australia).
D. Pre-sessional working group
11. 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.
12. The Chairperson of the
Committee, in consultation with the members of the Bureau,
designated the following individuals as members of the
pre-sessional working group to meet:
Prior to the twenty-second session:
Mr. Mahmoud Samir AHMED
Mr. Ivan ANTANOVICH
Ms. María de los Ángeles JIMÉNEZ BUTRAGUEÑO
Mr. Jaime MARCHÁN ROMERO
Mr. Nutan THAPALIA
Prior to the twenty-third session:
Ms. Virginia BONOAN-DANDAN
Mr. Óscar CEVILLE
Mr. Abdessatar GRISSA
Ms. María de los Ángeles JIMÉNEZ BUTRAGUEÑO
Mr. Valeri KOUZNETSOV
Prior to the twenty-fourth session:
Mr. Mahmoud Samir AHMED
Mr. Ivan ANTANOVICH
Mr. Waleed M. SADI
Mr. Philippe TEXIER
Mr. Javier WIMER ZAMBRANO
Prior to the twenty-fifth session:
Mr. Óscar CEVILLE
Ms. María de los Ángeles JIMÉNEZ
BUTRAGUEÑO
Mr. Valeri KOUZNETSOV
Mr. Ariranga Govindasamy PILLAY
Mr. Nutan THAPALIA
13. The pre-sessional
working group held its meetings at the United Nations Office
at Geneva from 3 to 7 December 1999, from 15 to 19 May 2000, from 4
to 8 September 2000 and from 4 to 8 December 2000,
respectively. All members of the working group attended its
meetings. The working group identified issues that might most
usefully be discussed with the representatives of the reporting
States and lists of such questions were transmitted to the
permanent missions of the States concerned.
E. Officers of the Committee
14. The following members of
the Committee, elected for a term of two years in accordance with
rule 14 of the Committee's rules of procedure, continued to serve
as members of the Committee's Bureau:
Chairperson:
Ms. Virginia BONOAN-DANDAN
Vice-Chairpersons: Mr. Mahmoud
Samir AHMED
Mr. Dumitru CEAUSU
Mr. Eibe RIEDEL
Rapporteur:
Mr. Paul HUNT
F. Organization of work
Twenty-second session
15. The Committee considered
its organization of work at its 1st meeting on 25 April 2000.
In connection with this item, the Committee had before it the
following documents:
(a) Draft
programme of work for the twenty-second session, prepared by the
Secretary-General in consultation with the Chairperson of the
Committee (E/C.12/2000/L.1/Rev.1);
(b) Reports of the
Committee on the work of its previous sessions*: first
(E/1987/28-E/C.12/1987/5), second (E/1988/14-E/C.12/1988/4),
third (E/1989/22-E/C.12/1989/5), fourth (E/1990/23-E/C.12/1990/3
and Corr.1), fifth (E/1991/23-E/C.12/1990/8 and Corr.1), sixth
(E/1992/23-E/C.12/1991/4 and Add.1), seventh
(E/1993/22-E/C.12/1992/2), eighth and ninth
(E/1994/23-E/C.12/1993/19), tenth and eleventh
(E/1995/22-E/C.12/1994/20 and Corr.1), twelfth and thirteenth
(E/1996/22-E/C.12/1995/18), fourteenth and fifteenth
(E/1997/22-E/C.12/1996/6), sixteenth and seventeenth
(E/1998/22-E/C.12/1997/10), eighteenth and nineteenth
(E/1999/22-E/C.12/1998/26) and twentieth and twenty-first
sessions (E/2000/22-E/C.12/1999/11 and Corr.1).
16. In accordance with rule
8 of its rules of procedure, the Committee, at its 1st meeting,
considered the draft programme of work for its twenty-second
session and approved it, as amended during consideration.
Twenty-third session
17. The Committee considered
its organization of work at its 28th meeting
on 14 August 2000. In connection with this
item, the Committee had before it the following documents:
(a) Draft
programme of work for the twenty-third session, prepared by the
Secretary‑General in consultation with the Chairperson of the
Committee (E/C.12/2000/L.2/Rev.1);
(b) Reports of the
Committee on the work of its previous sessions (see para. 15 (b)
above).
18. In accordance with rule
8 of its rules of procedure, the Committee, at its 28th meeting,
considered the draft programme of work for its twenty-third session
and approved it, as amended during consideration.
Twenty-fourth session
19. The Committee considered
its organization of work at its 56th meeting
on 13 November 2000. In connection with this
item, the Committee had before it the following documents:
(a) Draft
programme of work for the twenty-fourth session, prepared by the
Secretary-General in consultation with the Chairperson of the
Committee (E/C.12/2000/L.3/Rev.1);
(b) Reports of the
Committee on the work of its previous sessions (see para. 15 (b)
above).
20. In accordance with rule
8 of its rules of procedure, the Committee, at its 56th meeting,
considered the draft programme of work for its twenty-fourth
session and approved it, as amended during consideration.
G. Next session
21. In accordance with the
established schedule, the twenty-fifth session, the twenty-sixth
(extraordinary) session and twenty-seventh session would take place
from 23 April to 11 May, from 13 to 31 August and from 12 to 30
November 2001, respectively.
H. States parties' reports
scheduled for consideration by the
Committee at its upcoming sessions
22. The Committee, at its
56th meeting on 13 November 2000, decided that the following States
parties' reports would be considered at its twenty-fifth
session:
Initial reports concerning articles 1 to 15 of the Covenant
Honduras
E/1990/5/Add.40
China: Hong
Kong
E/1990/5/Add.43
Bolivia
E/1990/5/Add.44
Second periodic reports concerning articles 1 to 15 of the
Covenant
Venezuela
E/1990/6/Add.19
Republic of
Korea
E/1990/6/Add.23
23. The Committee also
decided that it would review the implementation of the provisions
of the Covenant in Togo, which had not submitted any report at
all since its ratification of the Covenant in 1984, on the basis of
any information that might be available to the Committee.
24. The Committee further
decided to consider the reports of the following States parties at
its twenty-sixth session:
Initial reports concerning articles 1 to 15 of the Covenant
Nepal
E/1990/5/Add.45
Second periodic reports concerning articles 1 to 15 of the
Covenant
Japan
E/1990/6/Add.21 and Corr.1
Panama
E/1990/6/Add.24
Senegal
E/1990/6/Add.25
Third periodic reports concerning articles 1 to 15 of the
Covenant
Syrian Arab
Republic
E/1990/6/Add.23
Fourth periodic reports concerning articles 1 to 15 of the
Covenant
Ukraine
E/C.12/4/Add.2
Germany
E/C.12/4/Add.3
I. Composition of the pre-sessional working group
Twenty-fifth session
25. The Chairperson of the
Committee designated the following members to serve on the
pre‑sessional working group: Mr. C. Atangana, Ms. V.
Bonoan-Dandan, Mr. V. Kouznetsov, Mr. W.M. Sadi and Mr. J. Wimer
Zambrano.
Chapter II
Overview of the present working methods of the Committee
26. 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 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.
27. 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 24 sessions it has sought to modify and develop these methods
in the light of its experience. These methods will continue
to evolve.
A. General guidelines for reporting
28. 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 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.
B. Examination of States parties' reports
1. Work of the pre-sessional working group
29. 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.
30. 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.
31. 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.
32. 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 working 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 working group and the final version of the list is
adopted by the working group as a whole. This procedure
applies equally to both initial and periodic reports.
33. 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.
34. 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.
35. 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.
36. 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:
"The list is not intended to be exhaustive and it should not be
interpreted as limiting or in any other way prejudging the type and
range of questions which members of the Committee might wish to
ask. However, the Committee believes that the constructive
dialogue which it wishes to have with the representatives of the
State party is greatly facilitated by making the list available in
advance of the Committee's session. In order to improve the
dialogue that the Committee seeks, it strongly urges each State
party to provide in writing its replies to the list of issues and
to do so sufficiently in advance of the session at which its report
will be considered to enable the replies to be translated and made
available to all members of the Committee."
37. 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
38. 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 used:
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.
39. 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,
the day after the conclusion of the dialogue, 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.
40. 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.
41. 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.
3. Deferrals of the presentation of reports
42. 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.
C. Procedures in relation to follow-up action
43. At its twenty-first
session, the
Committee decided that:
(a) In all
concluding observations, the Committee will request the State party
to inform the Committee, in its next periodic report, about steps
taken to implement the recommendations in the concluding
observations;
(b) Where
appropriate, the Committee may, in its concluding observations,
make a specific request to a State party to provide more
information or statistical data at a time prior to the date that
the next periodic report is due to be submitted;
(c) Where
appropriate, the Committee may, in its concluding observations, ask
the State party to respond to any pressing specific issue
identified in the concluding observations prior to the date that
the next report is due to be submitted;
(d) Any
information provided in accordance with (b) and (c)
above will be considered by the next meeting of the Committee's
pre-sessional working group;
(e) In general,
the working group could recommend one or another of the following
responses to the Committee:
That it take
note of such information;
That it
adopt specific additional concluding observations in response to
that information;
That the
matter be pursued through a request for further information; or
That the
Committee's Chairperson be authorized to inform the State party, in
advance of the next session, that the Committee will 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;
(f) If the
information requested in accordance with (b) and (c)
is not provided by the specified date, or is patently
unsatisfactory, the Chairperson, in consultation with the members
of the Bureau, could be authorized to follow up the matter with the
State party.
44. 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.
45. 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.
46. 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.
D. Procedure in response to
non-submitted
and considerably overdue reports
47. 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.
48. 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.
49. 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.
E. Day of general discussion
50. 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 and public information
activities relating to the Covenant (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); the right to education (nineteenth
session); and the right of everyone to benefit from the
protection of the moral and material interests
resulting from any scientific, literary or artistic
production of which he is the author (twenty-fourth session).
F. Other consultations
51. 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 the Promotion and Protection
of Human Rights, chairpersons of Commission on Human Rights working
groups and others to address it and engage in discussions.
52. 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.
53. In addition, the
Committee has invited a variety of experts who have a particular
interest in, and knowledge of, some of the issues under review to
contribute to its discussions. These contributions have added
considerably to its understanding of some aspects of the questions
arising under the Covenant.
G. General comments
54. 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.
55. By the end of its
twenty-fourth 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 77
comprehensive reports. This work covered
a significant number of the States parties to the Covenant,
which totalled 144 at the end of the twenty-fourth session.
They represented all regions of the world, with different
political, legal,
socio-economic and cultural systems. Their reports
submitted so far have 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.
56. 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.
57. 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 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; General Comment No. 10 (1998) on the
role of national human rights institutions in the protection of
economic, social and cultural rights; General Comment No. 11 (1999)
on plans of action for primary education (art. 14 of the Covenant);
General Comment No. 12 (1999) on the right to adequate food (art.
11 of the Covenant); General Comment No. 13 (1999) on the right to
education (art. 13 of the Covenant); and General Comment No. 14
(2000) on the right to the highest attainable standard of health
(art. 12 of the Covenant).
58. At its twenty-first
session, the Committee adopted the outline for drafting general
comments on specific rights of the Covenant. The Committee expressed its
satisfaction with the quality of the draft, and noted the
usefulness of the outline in assisting those drafting general
comments on substantive rights. The Committee agreed that
the subject matter of a particular general comment would
influence the overall structure of that comment and observed
that the
outline was not intended to be strictly adhered to.
However, the outline provided useful signposts, a checklist of
issues, to be considered in the process of drafting a general
comment. In this respect, the outline would assist in
ensuring consistency in the content, format and ambit of general
comments to be adopted by the Committee. The Committee
emphasized the importance of ensuring that general comments are
reader-friendly and readily understandable to a broad range of
readers, primarily States parties to the Covenant. The
outline will assist in ensuring consistency and clarity in the
structure of the general comments, thus promoting their
accessibility, and strengthening the authoritative interpretation
of the Covenant provided by the Committee through its general
comments.
Chapter III
Submission of reports by States parties under
articles 16 and 17 of the Covenant
59. In accordance with rule
58 of its rules of procedure, the Committee, at its 56th meeting on
13 November 2000, considered the status of submission of reports
under articles 16 and 17 of the Covenant.
60. In that connection, the
Committee had before it the following documents:
(a) Note by the
Secretary-General on the revised general guidelines regarding the
form and contents of reports to be submitted by States parties
(E/C.12/1991/1);
(b) Note by the
Secretary-General on States parties to the Covenant and the status
of submission of reports as at 1 September 2000
(E/C.12/2000/10);
(c) Note by the
secretariat on follow-up to the consideration of reports under
articles 16 and 17 of the Covenant (E/C.12/2000/3).
61. The Secretary-General
informed the Committee that, in addition to the reports scheduled
for consideration by the Committee at its twenty-fourth session
(see para. 67 below), he had received, as at 1 December 2000, the
reports submitted under articles 16 and 17 of the Covenant by the
following States parties:
Initial report of Honduras (E/1990/5/Add.40); second periodic
reports of Venezuela (E/1990/6/Add.19) and Japan (E/1990/6/Add.21
and Corr.1); third periodic report of the Syrian Arab Republic
(E/1994/104/Add.23); initial report of China (Hong Kong)
(E/1990/5/Add.43); second periodic report of the Republic of Korea
(E/1990/6/Add.23); initial report of Bolivia (E/1990/5/Add.44);
second periodic report of Panama (E/1990/6/Add.24); fourth periodic
report of Ukraine (E/C.12/4/Add.2); second periodic report of
Senegal (E/1990/6/Add.25); initial report of Nepal
(E/1990/5/Add.45); fourth periodic reports of Germany
(E/C.12/4/Add.3), Sweden (E/C.12/4/Add.4), United Kingdom of
Great Britain and Northern Ireland (overseas territories)
(E/C.12/4/Add.5) and Colombia (E/C.12/4/Add.6); second periodic
reports of Algeria (E/1990/6/Add.26) and France (E/1990/6/Add.27);
initial report of Croatia (E/1990/5/Add.46); second periodic
reports of Jamaica (E/1990/6/Add.28) and Ireland (E/1990/6/Add.29);
initial report of the Czech Republic (E/1990/5/Add.47) and the
second periodic report of Trinidad and Tobago
(E/1990/6/Add.30).
62. In accordance with rule
57, paragraph 1, of the Committee's rules of procedure, a list of
States parties is contained in annex I to the present report,
together with an indication of the status of submission of their
reports.
Chapter IV
Consideration of reports submitted by States parties under
articles 16 and 17 of the Covenant
Twenty-second session
63. At its twenty-second
session, the Committee examined three reports submitted by three
States parties under articles 16 and 17 of the Covenant.
64. The reports before the
Committee at its twenty-second session were the following:
Initial reports concerning articles 1 to 15 of the Covenant
Georgia
E/1990/5/Add.37
Egypt
E/1990/5/Add.38
Second periodic reports concerning articles 1 to 15
of the Covenant
Jordan
E/1990/6/Add.17
Third periodic reports concerning articles 1 to 15 of
the Covenant
Italy
E/1994/104/Add.19
Portugal
E/1994/104/Add.20
65. At its 9th meeting, held
on 1 May 2000, the Committee agreed, at the request of the
Government concerned, to postpone to its twenty-fourth session
consideration of the third periodic report of Portugal
(E/1994/104/Add.20) and at its 15th meeting held on 4 May 2000 the
Committee agreed, at the request of the Government concerned, to
postpone to its twenty‑third session consideration of
the second periodic report of Jordan (E/1990/6/Add.17).
66. 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.
Twenty-third session
67. At its twenty-third
session, the Committee examined five reports submitted by five
States parties under articles 16 and 17 of the Covenant.
68. The following reports
were before the Committee:
Initial reports concerning articles 1 to 15 of the
Covenant
Sudan
E/1990/5/Add.41
Kyrgyzstan
E/1990/5/Add.42
Second periodic reports concerning articles 1 to 15
of the Covenant
Jordan
E/1990/6/Add.17
Third periodic reports concerning articles 1 to 15 of
the Covenant
Mongolia
E/1994/104/Add.21
Australia
E/1994/104/Add.22
69. In accordance with rule
62 of the Committee's rules of procedure, representatives of all
the reporting States were invited to participate in the meetings of
the Committee when their reports were examined. All the
States parties, with exception of Mongolia, whose reports were
considered by the Committee sent representatives to participate in
the examination of their respective reports.
Twenty-fourth session
70. At its twenty-fourth
session, the Committee considered five reports submitted by five
States parties under articles 16 and 17 of the Covenant.
71. The Committee also
considered the following reports:
Second periodic reports concerning articles 1 to 15
of the Covenant
Belgium
E/1990/6/Add.18
Morocco
E/1990/6/Add.20
Yugoslavia
E/1990/6/Add.22
Third periodic reports concerning articles 1 to 15 of
the Covenant
Portugal
E/1994/104/Add.20
Fourth periodic reports concerning articles 1 to 15
of the Covenant
Finland
E/C.12/4/Add.1
72. In a note verbale dated
15 November 2000, the Permanent Mission of Yugoslavia to the
United Nations Office at Geneva requested the Committee to
postpone consideration of the third periodic report of the Federal
Republic of Yugoslavia and at the same time informed the
Committee of the intention of the Government of Yugoslavia to
re-examine thoroughly all issues related to the
implementation of the Covenant and to prepare a new report.
Having considered this request, the Committee decided to have
a preliminary discussion of the status of implementation of
the Covenant in Yugoslavia, which took place at the
69th meeting of the Committee on 21 November 2000. The
Committee, having considered and revised the list of agenda
items (E/C.12/Q/YUG/1), agreed on a number of preliminary
recommendations (see paras. 496-511 below) with a view to helping
the State party fulfil its obligations under the Covenant and
requested the State party to submit its report not later
than 30 June 2002.
73. In accordance with rule
62 of the Committee's rules of procedure, representatives of all
States submitting a report were invited to participate in the
meetings of the Committee when their reports were considered.
All States parties whose reports were considered by the Committee
sent representatives to participate in the consideration 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 XI to the present report.
74. 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 twenty-second to twenty-fourth
sessions.
Twenty-second session
GEORGIA
75. The Committee considered
the initial report of Georgia on the implementation of the Covenant
(E/1990/5/Add.37) at its 3rd to 5th meetings, held on 26 and 27
April 2000, and adopted, at its 20th and 21st meetings, held on 9
May 2000, the following concluding observations.
A. Introduction
76. The Committee welcomes
the submission of the initial report by the State party, as
well as its written replies to the list of issues, presented
by a delegation that included high‑level officials of
various ministries. The Committee welcomes in particular the
constructive dialogue with the delegation, its readiness to reply
to additional questions and to furnish additional information
whenever available, and the candour of its replies. The State
party's report was submitted in general conformity with the
guidelines established by the Committee.
B. Positive aspects
77. The Committee notes the
intention of the State party to advance human rights and to comply
with international human rights norms by ratifying most of the
international human rights instruments, as well as various
international labour conventions, after independence. In
addition, the Committee acknowledges the efforts made by the
Government of Georgia with a view to implementing the rights set
forth in the Covenant. The Committee takes note in particular
of the statement by the delegation that the Government of Georgia
intends to ratify ILO Conventions No. 102 (1952) concerning minimum
standards of social security and No. 118 (1962)
concerning equality of treatment of nationals and non-nationals in
social security.
78. The Committee notes with
satisfaction that the Government of Georgia is willing to cooperate
with various United Nations bodies and specialized agencies,
such as ILO, IMF, UNDP, WHO and the World Bank, as well as
with regional organizations such as OSCE, in order to realize the
rights set forth in the Covenant, and in particular to address the
problem of poverty.
79. The Committee also
welcomes the fact that the State party has created governmental
bodies which are concerned with the issue of human rights, such as
the National Ombudsman and the Committee on Human Rights, Petitions
by Citizens and the Construction of Civil Community of the
Parliament of Georgia.
C. Factors and difficulties impeding the implementation
of the Covenant
80. The Committee is aware
that the Government of Georgia is currently faced with the
difficulties commonly encountered by countries in transition.
The changes required to reform the social welfare and benefit,
labour and employment, health and educational systems are
considerable in economic, as well as political terms. In this
respect, the Committee also recognizes the problems encountered by
the State party in addressing the internal conflicts existing in
certain regions of the country which have seriously hampered the
State party's efforts to improve the situation of human rights for
all its citizens.
D. Principal subjects of concern
81. The Committee is
concerned about the grave problem of poverty with which the
Government of Georgia is confronted. Despite the efforts made
by the State party, the average minimum wage is still insufficient
to ensure an adequate standard of living for large parts of the
Georgian population.
82. In addition, the
Committee is concerned about the inadequacy of certain measures
being taken to combat poverty. With regard to activities
aimed at poverty reduction, there seems to be a lack of effective
management in the policy-making and implementation phases,
particularly with regard to the reform of the pension and taxation
systems. A lack of clearly established guidelines and
indicators hinders the transition process.
83. Generally, the Committee
notes that the statistical data provided by the State party are
insufficiently reliable to allow a clear analysis and evaluation of
the various problems it is addressing, such as the level of poverty
in the country, and the determination of the actual minimum
subsistence level and the real poverty line.
84. The Committee considered
that the lack of statistics on budget transfers from central to
local government for education and health makes it impossible to
have a clear view of the progress or otherwise in these fields.
85. The Committee also notes
with concern the fact that workers in various sectors of the
Georgian economy have not been paid on time.
86. The Committee also
expresses its concern about the fact that there are no legislative
provisions ensuring disabled persons access to the labour
market.
87. The Committee notes with
concern that women suffer more than men from unemployment and that
they are under-represented in the labour force, especially in
public service, including Parliament.
88. In addition, the
Committee is concerned that the National Plan of Action, which aims
to eliminate the inequalities faced by women in the economic and
social spheres, has not yet been implemented by the State
party.
89. The Committee notes with
concern that the laws addressing violence against women and sexual
harassment in the workplace are inadequate and insufficient.
90. The Committee also notes
with concern that the number of children begging in the streets is
on the increase and that many of them are drawn by adults into
various types of criminal activity.
91. The Committee regrets
that, given that the data provided by the State party on the
housing situation, including on the occurrence of forced evictions,
were insufficient, it was impossible to form a clear and
comprehensive picture of the matter. In addition, the
Committee deplores the failure to find a satisfactory solution to
the problems concerning internally displaced persons.
92. The Committee notes with
concern that there is limited knowledge among the general public
with regard to reproductive health issues in general, and in
particular with regard to the availability and use of
contraceptives.
93. With regard to
education, the Committee notes with concern that in the new
secondary school curriculum there appears to be an imbalance
between the amount of time devoted to military training (3 units)
and to fundamentals of justice (1 unit).
E. Suggestions and recommendations
94. The Committee notes the
statement by the State party that poverty reduction is its
principal priority. With regard to the policies adopted and
the measures taken, the Committee suggests that the State party
take into account the obligations ensuing from the Covenant, as
well as the recommendations contained in the present concluding
observations.
95. The Committee recommends
that the State party continue to seek international technical
assistance, as provided for in article 23 of the Covenant, in its
efforts to improve the implementation of economic, social and
cultural rights in the country.
96. In addition, the
Committee recommends that the State party ensure that its
international human rights obligations are taken fully into account
when it enters into technical cooperation and other arrangements
with international organizations. Also, the Committee urges
the State party to take into account the different approaches taken
by various international bodies, such as the human development
approach of UNDP.
97. The Committee supports
the suggestion in the UNDP National Human Development Report
Georgia 1999 that the poverty threshold level not be changed in
accordance with proposals which the State party has received, as
such a change would incorrectly reflect the poverty situation in
the country. In this respect, the Committee urges the State
party to take adequate measures to ensure that the minimum wage is
sufficient to meet the basic needs of the wage earner and his or
her family.
98. The Committee recommends
that the State party take remedial action to ensure that workers in
various sectors of the economy are paid on time.
99. The Committee also
recommends that the State party undertake to adopt relevant
legislation to ensure that disabled persons have greater access to
the labour market.
100. Recognizing that the resources
available to the State party are limited, the Committee suggests
that measures be taken to concentrate their use on major
priorities, such as measures to address the existing inequality
between men and women in public service and the formulation of a
National Plan of Action on Human Rights. In this respect, the
Committee points out that international technical assistance may be
requested with regard to such activities from the Office of the
United Nations High Commissioner for Human Rights and
UNDP.
101. The Committee urges the State party
to start implementing gradually the National Plan of Action with
regard to women. In addition, the Committee strongly
recommends that the State party take effective measures to combat
violence against women, including by adopting appropriate
legislation.
102. The State party is urged to treat
with more concern the growing number of children begging on the
street and to take the appropriate measures to solve the
problem.
103. The Committee recommends that the
State party take measures to create conditions that would allow
internally displaced persons to return to their places of
origin.
104. The Committee recommends that the
State party take steps to improve the awareness and knowledge of
the public about reproductive health issues. In this regard,
the Government might seek the advice and assistance of specialized
agencies and bodies such as UNAIDS, UNFPA and WHO.
105. With regard to the secondary school
curriculum, the Committee recommends that the State party strike an
appropriate balance between the school time devoted to military
training and the time devoted to civic education, including the
fundamentals of justice.
106. The Committee requests that the
State party include in its second periodic report on the
implementation of the Covenant all available information on any
measures taken and progress made, particularly with regard to the
suggestions and recommendations made by the Committee in the
present concluding observations.
ITALY
107. The Committee considered the third
periodic report of Italy on the implementation of
the Covenant (E/1994/104/Add.19) at its 6th to 8th
meetings, held on 27 and 28 April 2000, and adopted, at its 23rd
and 24th meetings, held on 10 and 11 May 2000, the following
concluding observations.
A. Introduction
108. The Committee welcomes the
submission of the third periodic report of the State party as well
as its written replies to the list of issues that were presented by
a high‑level delegation comprised of officials of various
ministries. However, it notes with regret the late submission
of the report as well as of the written replies to the list of
questions. The Committee welcomes the constructive dialogue
with the delegation.
B. Positive aspects
109. The Committee notes with
appreciation the measures taken by the State party to combat
organized crime. The Committee also welcomes the adoption of
the immigration bill of 1998, granting one‑year
residence/work permits to women who have been the victims of
trafficking and who denounce their exploiters, and the
criminalization of trafficking of migrants under the Penal
Code.
110. The Committee also notes with
appreciation the approval of the Texto Unico 286/98, which
gives foreigners regularly present on the national territory equal
standing with Italian citizens regarding access to residential
and public housing, and credit on favourable terms for building,
acquiring or renting their first home.
111. The Committee notes with
appreciation the approval of law No. 53 of 8 March 2000 which
recognizes the right of the father, as well as the mother, to take
leave from work to care for a child during early infancy.
112. With regard to the problem of
domestic violence against women, the Committee welcomes the
approval of law No. 66 of 1996, characterizing sexual violence
as "a crime against the person" punishable by
imprisonment.
C. Factors and difficulties impeding the implementation of
the Covenant
113. The Committee notes the
socio‑economic problems arising from the increase in
immigration to Italy caused by the tragic events in the Balkans and
the influx of persons from other regions.
D. Principal subjects of concern
114. The Committee regrets that some of
the written replies to the list of issues were insufficient,
and that some oral statements made during the dialogue were too
vague and general.
115. The Committee notes with concern
the statement made by the State party in its written replies to the
list of issues, confirmed by the delegation during its dialogue
with the Committee, that only very few court rulings refer
explicitly to the Covenant.
116. The Committee notes with concern
that a large number of the Roma population live in camps lacking
basic sanitary facilities on the outskirts of major Italian
cities. The Roma on the whole live below the poverty line and
are discriminated against, especially in the workplace, if and
when they find work, and in the housing sector. Life in the
camps has had a major negative impact on the Roma children, many of
whom abandon primary and secondary schooling in order to look after
their younger siblings or to go out begging in the streets in order
to help increase their family income.
117. The Committee draws the attention
of the State party to the concern expressed by the Committee of
Experts on the Application of ILO Conventions and Recommendations
regarding the transfer to local health units of the functions of
the labour inspectorate with regard to prevention and occupational
safety and health. The Committee is concerned that such
transfer may create a problem of coordination. The Committee
also regrets that the delegation did not answer the question put to
it on this matter.
118. The Committee is alarmed by the
high rate of accidents in the workplace and draws the attention of
the State party to the concern expressed by the Committee of
Experts on the Application of ILO Conventions and Recommendations,
which has repeatedly drawn the Government's attention to the need
to adopt legal regulations and policies on the prevention of
accidents in the workplace, and in particular in the ports.
119. The Committee regrets the
insufficiency of the information provided by the State party
concerning the social security system, especially considering that
the Committee's previous concluding observations on Italy had signalled a lack of
information on article 9 of the Covenant in the State party's
second periodic report.
120. While commending the State party
for its efforts to combat violence against women, the Committee
remains concerned that the Government has not yet devised a
comprehensive, coordinated and concerted strategy to address this
serious problem.
121. While also commending the State
party for the many initiatives taken to combat organized crime, the
Committee remains concerned at the extent of trafficking of women
and children, sexual abuse of minors and child pornography in
Italy.
122. The Committee notes with concern
that there are still substantial economic and
social inequalities between the northern and southern parts of
the country, which impact negatively on the situations of women,
young people, children and disadvantaged and marginalized
groups.
123. The Committee notes with regret
that in Italy, asylum‑seekers have access to subsidized
health care only in emergency situations. The Committee
points out that this policy is not in compliance with the
provisions of the Covenant.
124. With respect to education, the
Committee notes with concern the high rate of young people dropping
out of secondary education. In addition, the Committee is
concerned about the phenomenon of functional illiteracy. The
Committee regrets not having had a clear answer to its question on
this issue during the dialogue.
125. The Committee is concerned about
the controversial proposal in the State party's school education
reform programme to give private schools some public funding.
E. Suggestions and recommendations
126. The Committee encourages the
Government of Italy, as a member of international organizations, in
particular IMF and the World Bank, to do all it can to ensure that
the policies and decisions of those organizations are in conformity
with the obligations of States parties to the Covenant, in
particular the obligations contained in article 2, paragraph
1, concerning international assistance and cooperation.
127. The Committee recommends that the
State party organize briefings for judges to familiarize them with
the provisions of the Covenant and the general comments adopted by
the Committee.
