Committee on Economic, Social and Cultural Rights

24th session (Geneva, 23 November to 1 December 2000)

During this session the Committee considered the second reports of Morocco and Belgium, the third report of Portugal, and the fourth report of Finland. The second report of Yugoslavia does not contain updated information, and the State party was not prepared to participate in the process. The Committee dealt with this matter separately. A thematic discussion was also held on the World Conference Against Racism.

1. Reports by States

Belgium

The Committee welcomed the attitude of the State Party towards NGOs, and the support it gives to the draft optional protocol to the Covenant.

The Committee regretted that Belgium has not established a comprehensive national plan of action for human rights. It also expressed concern about the lack of independent national human rights institutions. Furthermore, the Committee expressed concern that a specific law does not prohibit acts of xenophobia, especially in relation to the activities of right-wing racist political parties (notably rising in Flanders). Among the other key concerns are the phenomena of paedophilia, child prostitution, child pornography and violence against children. Other concerns included: the shortage of social housing in Belgium, especially in Flanders; the non-uniformity of education standards; the need to promote women's access to all levels of the labour market; and the need to combat unemployment.

Finland

The Committee welcomed the State-Party’s ratification of the Additional Protocol to the European Social Charter, which provides for a system of collective complaints. It also welcomed Finland’s support for the draft optional protocol to the Covenant on Economic, Social and Cultural Rights. The Committee commended the participation of NGOs in the elaboration of the State Party’s periodic reports, the adoption of a programme on the integration of immigrants and measures to decrease unemployment in general.

The Committee expressed concern about the ambiguous status of the Covenant in the Finish domestic law, discrimination against foreigners, low contributions to international aid, the non-existence of minimum wages, discrimination against women, the lack of affordable accommodation and the weakening of the health care system. The land rights of the Saami people once again provoked the Committee’s concern.

Morocco

The Committee noted with disappointment that Morocco had still failed to find a solution to the issue of self-determination in the Western Sahara. The Committee urged the State party to work with the UN towards a solution, including a referendum in the near future. The Committee highlighted that Morocco’s failure to amend national legislation to comply with the provisions of the Convention is a direct breach of the Convention. In addition to racism experienced by Morocco’s Berber population, the Committee highlighted discrimination against the ethnic Amazigh minority. The Committee specifically noted their right to use their own language and participate fully in Morocco’s cultural life.

Central to much of the Committee’s criticism was the State party’s continued failure to challenge the profoundly ingrained, traditional, discriminatory social practices against women and children. These include high levels of domestic violence, discrimination with regard to employment opportunities, maternity leave and salary equity, and inheritance laws. Further, the Committee noted the extensive discrimination facing children born out of wedlock, who are commonly abandoned by their parents and must survive on the streets. The Committee recommended legislative reform in compliance with the obligations of the Convention and intensified efforts to eliminate the existing discriminatory status quo. The Committee also focused on the right to strike, child labour and minimum wage levels.

Portugal

The Committee was primarily concerned with the continued problem of poverty in Portugal. Although no comprehensive study of the issue has been undertaken, it is estimated that 20% of the population live below the poverty line. Furthermore, the Committee was critical of Portugal’s lack of strategic planning to address this issue in accordance with the recommendation of the 1993 Vienna Declaration and Programme of Action. The Committee recommended the adoption of a human rights plan of action and a review of the existing general strategy for the eradication of poverty.

Another major concern was the continued trafficking in women, closely linked to organised crime, and the increase in paedophilia and child pornography. The Committee urged the State party to tighten the existing prohibitions and penalties related to these crimes. In relation to children and youth, the Committee highlighted the incidence of drug use and addiction, the persistent use of child labour, the comparatively high school drop out rates, and the high illiteracy rates in Portugal. The Committee called for action to address these issues.

Other concerns mentioned were discrimination against women, the Roma, immigrants and refugees.

Yugoslavia (preliminary recommendations)

Committee experts felt that the report presented did not contain updated information reflecting the country’s situation since the NATO bombing campaign and the recent change in government. The State party was requested to present a new report before June 2000, which accounts for such developments. A note was issued suggesting policy guidance and a revised list of issues. Of particular note was the need to establish a national human rights institution, to ensure that human rights are covered in the national education system, to ensure that national reconstruction is fair and equitable, and to address the problem of trafficking in women. The revised list of issues was intended to aid the State Party in the submission of its updated periodic report. In total the Committee proposed a list of twenty-three questions.

2. Thematic discussion on the World Conference against Racism

As the other Treaty Body mechanisms have done, the Committee considered its contribution to the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance to be held in Durban, South Africa from 31 August to 7 September 2001. A representative of the Secretariat provided the Committee with details on preparations for the World Conference including the cycle of regional expert seminars and their overarching theme of, "trends, priorities and obstacles in combating racism and racial discrimination, xenophobia and related intolerance". Details were also given of the initiatives undertaken to promote and publicise the Conference.

One of the Committee experts, Mr Rattray, participated in the regional expert seminar held in Santiago from 25 to 27 October 2000. The seminar focused on racial discrimination against vulnerable groups of the American and Caribbean regions generally. Mr Rattray presented a background paper in which he states that there should be a commitment to adopt all necessary measures to eliminate racial discrimination in its many forms. Racist doctrines have to be combated so as to promote understanding between the races.

Mr Rattray spoke of the connection between discrimination and poverty. He explained the feeling that colonialism has created racial biases in the regions. Racial discrimination measures need to address issues such as: the creation of greater media awareness and the elimination of negative stereotypes through the establishment of a code of conduct; recognition and respect of the cultural heritage of racial communities; the vulnerability of indigenous peoples, women and immigrant workers to racism; and the elimination of cultural bias and prejudice through comprehensive educational programmes and training.

3. Other issues

General discussion

At each Committee session, a day is set aside for a general discussion on specific provisions of the Covenant, particular human rights issues or other matters of interest.

Intellectual property

At the 70th session, the Committee gave to consideration to Article 15.1(c) of the Covenant concerning 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". The discussion was organised with the co-operation of the World Intellectual Property Organisation (WIPO). A number of inter-governmental agencies and non-governmental organisations contributed to the debate.

The most fundamental question raised was, "to what degree intellectual property is part of human rights and how the imbalance regarding its current status in international human rights law can be rectified". In this regard, a key issue is the need to protect traditional knowledge. Collective knowledge and traditional intellectual property are not protected from exploitation and commercialisation. At present, the system of intellectual property in place creates gaps between the North and the South. Often inequality characterises this gap.

Another principal concern was the protection afforded to indigenous peoples in this context. Many Committee experts noted that ILO Convention No. 169 on indigenous peoples’ rights does not provide special protection over the titles of intellectual property. This imbalance has not been rectified by the Draft Declaration on Indigenous Rights.

The issue of patent protection for pharmaceutical products was also a primary concern. The Committee determined that, as a follow-up to the discussion held, they would draft a General Comment on Article 15.1 (c).

General Comments

During the 22nd session of the Committee, General Comment No. 14 was adopted on the Right to Health. The Committee was particularly appreciative of the expert advice provided by the World Health Organisation (WHO) during the drafting process.

This General Comment concerned Article 12 of the Covenant. It states that for millions of people worldwide, the full enjoyment of the right to health is a distant goal. In discussing the normative contents of Article 12, the General Comment asserts that this right, in all its forms and at all levels, includes availability, accessibility, acceptability and quality.

The obligation of State Parties to guarantee this right without discrimination of any kind was reaffirmed. Deliberate, concrete and targeted steps are required for the realisation of the right to health. The General Comment emphasises the importance of distinguishing between State parties’ unwillingness and their inability to guarantee this right. If resources are scarce, a State is still obliged to make every effort to honour its duty. While implementation of this right varies among States, each State has a duty to take all necessary measures to ensure that everyone has access to health facilities, and goods and services, to enable them to enjoy the highest attainable standard of physical and mental health.

Other

During the 70th session, the Committee addressed a letter to the State of Israel under its own follow-up procedures. In light of the information requested by the Committee in its Concluding Observations on Israel’s initial report, and the crisis in the region at the time of the 70th session, the State Party was requested to submit its second periodic report by 31st March 2001. The Committee wanted to know how it was implementing the provisions of the Covenant as well as to obtain additional information on the current situation concerning the Occupied Territories. The report would be considered at the next session. The Committee expressed its deep concern at the accounts that Israeli actions in the Occupied Territories have resulted in the widespread and gross violations of Palestinians’ economic, social and cultural rights. (Refer to Monitor No. 51, article on the special session of the Commission on Human Rights).

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