Committee on Economic, Social and Cultural Rights

22nd session (Geneva, 25 April to 12 May 2000)

During this session, the Committee studied the initial reports of Georgia and Egypt. Consideration was also given to the third report of Italy. The Congo did not present its report, however the Committee performed its supervisory role nevertheless. The reports of Portugal and Jordan were postponed until later sessions.

Reports by States

Congo

The Committee considered the implementation of the provisions of the Covenant in the absence of a written report. The Committee reminded the State party that it had not fulfilled its obligation in this regard. The Committee noted the impact of the civil unrest from 1997 to 1999. During the discussion, the Committee focused on poverty and the food supply, discrimination against women, and education.

The Committee expressed its concern regarding the abolition of the Constitution in 1997 and the insufficient substitution of the "Fundamental Act". This Act insufficiently addresses labour related issues, including forced or bonded labour for children under 16. Amongst other things, this situation needs to be brought to the International Labour Organisation’s (ILO) attention.

Violence, population displacements and production disruption have negatively impacted on the food supply. The Committee supported the Government’s request to the Food and Agriculture Organisation (FAO) for a Special Programme for Food Security (SPFS) to facilitate access to food through small-scale, low cost agricultural projects. The State party can also take advantage of other FAO initiatives.

The Committee urged the State party to pay immediate attention to the grave health situation. To combat HIV/AIDS and other diseases such as cholera and diarrhoea, the Committee recommended that the State Party work with the relevant UN organisations. Other concerns included: the inequalities between men and women; education; and integration of Pygmies into Congolese society so that they can fully enjoy their economic, social and cultural rights.

Egypt

The Committee commended the State party for the improvements made in its educational system and for its achievements towards eradicating illiteracy but expressed concern at the a high number of illiterate women, high dropout rates of boys in schools, and unequal opportunity to education.

The Committee acknowledged that certain measures have been taken to improve the treatment of women, including: the recent establishment of a National Council for Women; recognition of the Fourth World Conference on Women in Beijing; and amendments to criminal law to prohibit adultery and female genital mutilation, although the Committee noted that this practice still persists. Domestic violence, marital rape and discrimination in the newly adopted law concerning divorce were other areas of concern. The Committee recommended that the Government criminalise marital rape and consolidate a policy against domestic violence.

The Committee was concerned about the legal status of the Covenant in the Egyptian Constitution. The "Private Associations and Institutions Act No.153" was a matter of particular concern because it is incompatible with the Egyptian Constitution and Article 8 of the Covenant. The Committee felt that it contradicts the rights of citizens to form societies and that it gives the government control over the rights of NGOs to manage their own activities, including their ability to seek external funding. The Committee also commented on the discrepancy between the law and practice in regard to child labour.

Georgia

The Committee experts asked a variety of questions on the rights and treatment of refugees, especially those from Chechnya. They also focused on matters related to the right to form trade unions and social security matters. The Committee recommended that the State party take measures to create conditions that would allow internally displaced persons to return to their places of origin.

Recognising limited resources, the Committee recommended that the State Party concentrate on major priorities, such as addressing the inequality between men and women and the formulation of a National Plan of Action on Human Rights. The delegation acknowledged that the position of women within the employment sector is relatively poor and needs to be addressed. Initiatives have been undertaken to tackle this, but clearly more needs to be done. An additional National Plan of Action with regard to women was suggested, including the adoption of appropriate legislation to combat violence against women.

The Committee also recognised poverty and the high rate of unemployment as major problems. It was recommended that the State party 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. The growing number of children begging on the street also concerned the Committee, and it determined more appropriate measures were needed to solve the problem.

Italy

Issues concerning immigrants dominated discussions. During the last few years, Italy has experienced a mass influx of Bosnian, Albanians and citizens of Kosovo escaping the crisis in the Balkans. A number of measures have been implemented to tackle this situation, including laws ensuring that foreigners have the same entitlements as Italian residents to housing. Standards have also been laid down to defend the culture and language of immigrants.

The Committee remained deeply concerned about the fate of illegal immigrants. While the national Constitution guarantees the right to seek asylum, it falls short of implementing that right. The number of individuals granted asylum is small in comparison with other European countries. The provision of health services for asylum seekers was also an area of concern.

The Committee was also concerned about the housing and sanitation facilities of the Roma. On the whole this group lived below the poverty line, facing many forms of discrimination particularly in the area of employment and education. Street begging by children was not uncommon.

Other issues raised and areas of concern included: trafficking in women and children, sexual abuse of minors and child pornography by organised crime; working conditions and the importance of specific ILO recommendations; and violence against women.

Top