Committee on Economic, Social and Cultural Rights

23rd session (Geneva, 14 August to 1 September 2000)

During this session, the Committee studied the initial reports of Sudan and Kyrgyzstan, the second report of Jordan and the third reports of Australia and Mongolia. As requested by ECOSOC, this session was entirely dedicated to the consideration of States parties’ reports in order to reduce the backlog of reports pending consideration. The session was opened by Mr Bertrand Ramcharan, the Deputy High Commissioner for Human Rights, who informed the Committee of events and activities that the Office of the High Commissioner was engaged in, which were relevant to the work of the Committee. He noted in particular the Beijing +5 Review Conference and the Special session of the General Assembly that would review the 1995 Copenhagen Declaration on Social Development, as two key forums where the international human rights instruments were key elements. He informed the Committee that Office of the High Commissioner was working to ensure that a rights-based approach would be emphasised at these sessions. He also acknowledged the work of the Committee in drafting General Comment No. 14 on the Right to Health, in conjunction with the World Health Organisation, and the importance of this work with the specialised agency, in ensuring a rights-based approach throughout the UN system. Finally, Mr Ramcharan also noted the Meeting of the Chairpersons of the Treaty Bodies, that had taken place in June, and the issues of mutual interest that had been discussed there, for example treaty body contributions to the World Conference against Racism.

Reports by States

Australia

The Committee commended the State Party for its leadership role in maintaining peace and stability in the region through the provision of economic and humanitarian assistance, most notably to East Timor.

The Committee was especially concerned about the treatment and socio-economic status of Australia’s indigenous population. The Committee acknowledged endeavours to bring about reconciliation with the indigenous population, such as a recent parliamentary motion and the Council for Aboriginal Reconciliation’s final proposals for a Document of Reconciliation. The Committee further commended the considerable spending on indigenous programmes and existing partnership initiatives with indigenous communities. Despite these positive initiatives, some experts also expressed concern that the government’s refusal to accept the inclusion of a reference to the indigenous populations’ right to self-determination would hamper their enjoyment of economic, social and cultural rights. Members also expressed concern at the large number of aboriginal people who had died while in prison and at the high school dropout rate in the aboriginal community. The State party was encouraged to pursue efforts already made in relation to indigenous peoples’ rights.

The Committee also urged the Government to establish an official poverty line so that a credible assessment of poverty in Australia could be made. The Committee also recommended the adoption of a federal housing policy.

Jordan

The Committee focused on the status of women within Jordanian society. The Committee raised a number of concerns regarding discriminatory treatment under civil law, such as restrictions on the right of Jordanian women married to foreign men to pass on their nationality to their children. While the foreign wife of a Jordanian man can become a Jordanian, the foreign husband of a Jordanian woman can not attain Jordanian nationality. Similarly, when a man dies, his wife does not have the right to his social security benefit. In contrast, if a woman dies, the widower retains the rights to any of her benefits. According to Jordanian law rape does not exist within marriage. If a man finds his wife in the act of adultery and resorts to violence as a result, the law protects his actions. The Committee expressed specific concern that crimes perpetrated against women in the name of honour go unpunished. Whilst noting efforts to curb domestic violence, concern persisted regarding these issues.

Other concerns included non-Jordanian workers’ exemption from minimum wage provisions, their participation in trade union activities and their exclusion from the social security system.

Kyrgyzstan

In the presentation of its report, the State party informed the Committee of the recent state of terrorism threatening Kyrgyzstan and its neighbours in Central Asia. The chief concern of experts was the situation of children. The delegation conceded that the programs that have been established to support them are insufficient. There is a tendency for children of 15 and 16 to leave school and take low paying jobs to help support their families. The government is fighting to eradicate unlicensed street work.
During the course of discussion, the State Party spoke about the monitoring mechanism in place to protect against illegal child labour practices. The Committee remained concerned, however, and recommended that the next report address the issue of child labour, including the status of ratification of ILO Convention No. 182.

The Committee’s concerns regarding the treatment of women were not allayed by the State party’s reports of prosecution for polygamy and the trade in women. The extent of trafficking in women and the classification of lesbianism as a sexual offence in the Penal Code were particular concerns. The second periodic report is requested to include information on the extent of violence against women and the governmental measures taken to address this phenomenon.

Mongolia

Due to the absence of the State party, the Committee was unable to engage into a constructive dialogue on the report. The Committee experts decided to discuss the report nonetheless.

The Committee noted the frankness of the report. The experts recognised Mongolia’s problem in securing the necessary funding for social programmes. The country is poised to enter a free market economy and is struggling economically. The Committee recommended, amongst other matters, that the State party continue to seek international co-operation and assistance to enhance it efforts to improve the implementation of economic, social and cultural rights in Mongolia. Further information was requested on the status of the "Poverty Partnership Agreement" signed with the Asian Development Bank. In noting the establishment of the National Human Development Plan and the National Poverty Alleviation Programme, the State Party was reminded of its obligations, even under severe resource constraints, to protect the most vulnerable groups of society.

One expert asserted that measures to alleviate the plight of children are necessary. It has been alleged that thousands are living in "human holes". The country report acknowledged the high dropout rate of children from school and the prevalence of street children.

Sudan

The country has suffered from natural calamities, civil war and economic embargoes, all of which have impacted on the enjoyment of rights enshrined in the Covenant. The Committee welcomed the establishment of a Constitutional Court and the adoption of a new Constitution. During the course of the discussion, a number of experts asked questions regarding a recent bombing attack on humanitarian workers and the Government’s subsequent forceful response. After a temporary suspension of its humanitarian efforts, the UN’s peacekeeping efforts have been resumed.

The Committee’s main concern was the status and treatment of women. The State party was asked to provide information on the situation concerning abductions in the conflict areas of the country, particularly of women and children, resulting in slavery or forced labour. Solutions to the problem need to be implemented. The Committee also recommended that specific measures be developed to eliminate traditional harmful customs and prejudices against women, such as female genital mutilation. A reconsideration of existing national legislation was also recommended to eliminate discrimination against women.

The Committee also raised the problem of internally displaced persons. The root causes of the problem needs to be addressed, and the State party needs to work with international and non-governmental organisations to ensure that basic needs are met.

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