COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS HEARS STATEMENTS BY UN AGENCIES AND SUBMISSIONS OF NGOS

The Committee on Economic, Social and Cultural Rights this afternoon heard statements from United Nations agencies and submissions from non-governmental organizations (NGOs) on substantive issues arising in the implementation of the International Covenant on Economic, Social and Cultural Rights. Representatives of United Nations agencies raised issues such as education, HIV/AIDS in Tajikistan, and national human rights institutions in the Netherlands, El Salvador, Tajikstan, the former Yugoslav Republic of Macedonia, and Albania. NGOs raised issues related to El Salvador.

Speaking this afternoon were Kishore Singh of the United Nations Educational, Scientific and Cultural Organization (UNESCO), James Heenan, HIV Advisor, Office of the High Commissioner for Human Rights, and Orest Nowosad of the Office of the High Commissioner for Human Rights (OHCHR) national human rights institutions team.

Mr. Singh raised UNESCO’s mission to ensure equal educational opportunities for all, and said the right for education for all could not be fulfilled while hunger and poverty prevailed. More active implementation of the right to education was a priority for both UNESCO and the Committee.

Mr. Heenan said that the response of the Government of Tajikistan was laudable, and it was frank about the challenges it faced concerning HIV/AIDS and what it had been doing. United Nations and other bodies had been working on reducing transmission, and focussing on youth-prevention programmes in Tajikistan. The Government was commended for its willingness to address HIV/AIDS, even in a country where prevalence was low. Tajikistan still had the opportunity to nip the epidemic in the bud.

Mr. Nowosad said there was a need for national human rights institutions to have the resources to carry out their work effectively, the need for qualified and adequate staff, and good leadership. The Committee needed to help demonstrate the merits of national human rights institutions, as well as to provide constructive criticism. It should help States parties to explore their needs and whether additional human rights structures were required.

NGOs speaking included Fundacion de Estudios por la Aplicacion del Derecho (FESPAD), Comunidades Eclesiales de Base de El Salvador (CEBES), and the Comision de derechos humanos de El Salvador. Speakers raised such issues as the high level of crime and violence in El Salvador including the phenomenon of youth gangs, the lack of universal access to education and health services, the wide disparity between rich and poor and the lack of equitable wealth distribution, and the need to ensure the social aspect in governmental policies. The Government of El Salvador should, representatives said, develop policies to restore lost employment, depending on the affected sectors. The Government should take all necessary action to overcome the situation with regards to health and education, guaranteeing coverage, equality, and quality in these services. It should ensure that the social aspect was foremost in establishing its policies.

The next meeting of the Committee will be at 10 a.m. on Tuesday, 7 November, when it will take up the third periodic report of the Netherlands (E/1994/104/Add.30).

Dialogue between United Nations Agencies and Committee Experts

KISHORE SINGH, United Nations Educational, Scientific and Cultural Organization (UNESCO), said UNESCO had the mission of ensuring equal educational opportunities for all. On 26 October, the Director-General of UNESCO launched a new mission, of which the theme was early child-hood care and education as a strong foundation for the future. The right for education for all could not be fulfilled while hunger and poverty prevailed, and the Director-General was actively engaged in enhancing United Nations efforts towards eradicating these. More active implementation of the right to education was a priority for both UNESCO and the Committee. On the justiciability of the right to education, there had been a fruitful dialogue, and a report had been submitted to the Committee on Conventions and Recommendations. UNESCO would continue to work in this regard in order to enhance access to education.

On the international conference on the universal right to education, a Ministerial Declaration had been adopted, and UNESCO was assembling experts that could help with its work towards providing access to education for all, and was placing emphasis on the norms and principles enshrined in the instruments and norms adopted by the United Nations agencies and by UNESCO itself. UNESCO had developed a framework for action, which included private sector responses, and the need to focus resources on enhancing schooling and providing skill-based education initiatives. UNESCO took an educational perspective with regards to economic, social and cultural rights, including the right to health, work, and employment.

An Expert welcomed Mr. Singh’s statement, and another noted that education was a central issue for the Committee, as it empowered people, and was the best way for promoting a sense of rights. However, he was concerned that some developing countries were interpreting “education for all” as for legal citizens and residents, and did not cover illegal inhabitants or non-residents.

Responding to this, Mr. Singh said the position in national law was often not in compliance with international legislation and frameworks. International legislation provided for education for all, regardless of their legal status within a country. Efforts should be made to ensure that revisions in Constitutions took place to bring them into conformity with international legislation.

JAMES HEENAN, HIV Advisor, Office of the High Commissioner for Human Rights, said with regards to human rights issues related to HIV/AIDS in Tajikistan on the occasion of their first report, a brief had been circulated, including HIV/AIDS guidelines, which had been around for 10 years, although they had just been consolidated and relaunched. With regards to the situation of economic, social and cultural rights and the HIV/AIDS pandemic in Tajikistan, this country had a lot in common with other countries of the region with regards to its epidemic: it had not been able to record prevalence in the country, and UN/AIDS estimated that there were approximately 5,000 HIV-positive people, and the evidence showed that infection was spreading rapidly, with a prevalence rate estimated at 0.1% by the end of 2006. The primary means of transmission was injected drug use.

HIV/AIDS was spreading from the injection drug-use community to the general population through sexual contact, Mr. Heenan said. The majority of women injecting drugs were sex workers. These, prisoners, migrants and their families, as well as those under 30 years of age were the most at risk. The Government’s response was laudable, and it was frank about the challenges it faced and what it had been doing. United Nations and other bodies had been working on reducing transmission, and focussing on youth-prevention programmes. The Government was commended for its willingness to address HIV/AIDS, even in a country where prevalence was low. Tajikistan still had the opportunity to nip the epidemic in the bud.

Mr. Heenan said there was a shadow report that identified a number of areas that ran contrary to economic, social and cultural rights, and the first of these was access to information. The key challenge was preventing sero-conversion, and knowledge was a key element in this regard. Governments and donors were committed to funding programmes to increase information, but these did not seem to be reaching those in need. There was also concern for stigma and discrimination, which undermined many interventions in Tajikistan. More attention should be paid to changing attitudes on individuals with HIV/AIDS and the disease itself.

An Expert, responding to Mr. Heenan’s statement, said it had raised several important issues, including the frightfully complex issue of support for migrants, in particular with regards to illegal migrants. Facts and figures were required in order to be able to elaborate benchmarks which the State party could accept. Another Expert expressed concern with regards to the remedies suggested, in particular that of providing 100 million condoms to the country, and urged that alternate solutions be found. Further questions covered which disease was more prevalent in Tajikistan, whether it was HIV/AIDS or tuberculosis; and whether the problem of Tajikistani immigrants in Russia had been brought to the attention of those drawing up the report, and what was their HIV/AIDS situation.

Responding, Mr. Heenan said in the area of HIV/AIDS, it was a peculiar situation at the moment. The human rights approach, which had been favoured over the last ten years, was currently being subjected to a strong push by the medical bodies. When it came to prevention, condoms were not the only way to do this - it was only one component of a much broader approach. The key was providing information so that people could protect themselves, but this was not enough, and the multifaceted approach was required. Tajikistan had the opportunity of being a model for a country which had managed to turn the tide of HIV/AIDS. With regards to HIV/AIDS and tuberculosis, these were linked, and at the moment the latter was the greater problem, but it was expected that HIV/AIDS would take over this position. The Russian Federation was the key target for many Tajik job seekers, and a large number returned home with HIV/AIDS, and this was of concern.

An Expert pointed out the need to pay special attention to the initial report of Tajikistan, which mentioned several attempts to combat several diseases including HIV/AIDS. Another asked for more information on the difference in approach to HIV/AIDS, namely from a human rights approach, and from a public health approach.

Mr. Heenan responded that he thought the two approaches should be identical. The public health approach appeared to restrict individual rights for the benefit of general health. Another Expert pointed out that this had been a key issue during the Committee’s deliberations on the right to health.

OREST NOWOSAD, OHCHR National Human Rights Institutions Team, speaking on the national human rights institutions in the countries under consideration at the session, said the team often relied on the work of the Committee to support it in its work, in particular with regards to its general recommendations and concluding observations. In June of this year, harmonised guidelines had been compiled to engage with all treaty bodies for all such institutions. A workshop with national human rights institutions would be held at the end of November, and this was a reflection with national institutions, and what would come out of it would be their perspective on where they wanted to go in the future, and further areas for consultation. Ratification of the Conventions and Optional Protocols was encouraged. The Paris Principles called for the independence of national human rights institutions, but some Governments tasked them with the preparation of country reports, and not just provision of a contribution. Another area within the harmonised procedures related to reporting, giving national human rights institutions an independent place within the negotiating room and a separate means of engagement. There was a need for these institutions to have the resources to carry out their work effectively, the need for qualified and adequate staff, and good leadership. The Committee needed to help demonstrate the merits of national human rights institutions, as well as to provide constructive criticism.

Briefs had been provided on the five countries under consideration. In the case of El Salvador, there was a strong and constitutionally-entrenched Procurador, with the mandate of promoting and protecting human rights on a wide base. The Procurador had personally been attacked and threatened, and the Committee should help to bring to attention the responsibility of the State party to ensure that such institutions were adequately protected. With regards to the Netherlands, the Dutch Equal Treatment Commission was a sector-specific group, and the authorities were examining the establishment of a body with a wider remit, and the Committee should help the State party to explore its needs and whether an additional structure was required. On Tajikistan, a number of other Committees had called for the establishment of a national human rights institution, and a mission had taken place with this in mind, and the Committee should check on progress in this regard. With regards to Albania and the former Yugoslav Republic of Macedonia, there were Human Rights Ombudsmen models in place. There was a need to maintain the principles and standards and to encourage new institutions, in particular in countries in transition.

The Chairperson, Virginia Bonoan-Dandan, inquired what could further be done to encourage the participation of national human rights institutions in the work of the Committee, and noted that none had ever been present at a meeting of the Committee. Another Expert pointed out that national human rights institutions played widely differing roles in some countries, and in some cases could be assimilated to a non-governmental organization in the role that they played - and that this was to be discouraged. Other Experts raised issues such as that it was not a duty under the Covenant for countries to have a national human rights institution; how in future the treaty bodies should deal with all the national human rights institutions at the international level and what their status should be during the presentation of country reports; issues related to the independence of the national human rights institution with regards to whether this was an Ombudsman or a body; and a request for further information with regards to the Procurador in El Salvador.

Responding, Mr. Nowosad said he could not answer all the questions, but with regards to the macro issue of national human rights institutions, these could include commissions, institutes, ombudspersons and other similar bodies, but they had to have certain characteristics, and should also promote economic, social and cultural rights. They should be pluralist, and appointed by the national Parliament. The staff should also be pluralist, and the institution be accessible in all regions of the country and by minorities and people with disabilities. It should also work with civil society, and be independent, including legal, operational and functional independence. The guidelines with regards to national human rights institutions could be circulated to the Committee Experts. Some treaty bodies, such as CEDAW, had brought such institutions to their meetings in order to cover certain issues, and thus the others could be helped by the Secretariat to reach out in this regard. There had been progress, and the role of national human rights institutions had been expanding and was permeating national approaches to, among other things, health, education, and development.

The Procurador for El Salvador would, Mr. Nowosad, probably continue to be under threat due to her outspokenness. Recommendations on the means and methods for appointing national human rights institutions were being issued. The Paris Principles were not entirely clear on the appointments process.

RICARDO SANTAMARIA, Fundacion de Estudios por la Aplicacion del Derecho (FESPAD), said with regards to sovereignty and self-determination, the Assembly in El Salvador had adopted a law fixing an exchange rate between the colon and the dollar, which had meant a loss in the autonomy and broad management of the economy and the exchange policy. There were two currencies, and 98 per cent of the economy was in dollars. There should be programmes of economic compensation for small farmers affected by the agreements in trade and investment. For 2002, the employment rate was 93 per cent, unemployed 6.8 per cent, but this did not reflect the reality of the past few years, as there were a large number of migrants coming from other countries in order to find jobs. There should be parameters and real indicators for employment and under-employment in order to see the situation objectively and to develop policies to restore lost employment, depending on the affected sectors. Regarding the period covered by the report, Salvadoran workers still faced great difficulties when joining unions. The ILO had indicated to El Salvador that it was a violation to refuse to recognise trade unions in the private sector. On privatisation of the pension system, a new system had been set up in 1998, and the reform handed over the administration to private bodies, and the new system set aside the principle of solidarity, and meant that services became profit-oriented. The Government should review the present status of pensions and upgrade them in order to ensure a decent pension for retired workers. A programme should be set up to provide support for food production that would provide national food security.

LUIS ALBERTO GARCIA MELARA, Comunidades Eclesiales de Base de El Salvador (CEBES), said with regards to article 12 and the situation of health coverage and the right to health, there was very low coverage of health services in El Salvador. The Ministry of Health said there were approximately 1.5 million persons with no systematic access to health services. There were various deficiencies, including insufficient supply of medicines, lack of access to equipment, and the payment of voluntary fees. The Government should take all necessary action to overcome these situations, guaranteeing coverage, equality, and quality in the health services. Concerning education, some 18 per cent of the population could not read or write in 2002, and the difference between rural and urban areas in this regard was high. Education statistics were also negative, with a significant number of children not finishing their school year. The Government should establish objective indicators to clarify access to the right to education, and should give the necessary resources to guarantee coverage, quality, quantity and equality of educational services.

With regards to the environment, every year, a certain quantity of radioactive material was imported into the country, and used by institutions that did not have the necessary authorisation to use such material. There was rapid deforestation, and the Ministry of the Environment should act to control the deterioration of the eco-system, and halt the policy of extraction of gold and silver and other highly-contaminant materials. The measures that had been implemented by the Government since 1989 had had a significant impact on economic, social and cultural rights, due to the weakening of the role of the State, the lack of control, and the excessive capital seeking promoted by the neo-liberal model. There was also limited justiciability to these rights, and in general, there was a situation of regression, with many Salvadorans in a much worse situation than they had been.

LUIS ROMERO GARCIA, Comision de derechos humanos de El Salvador, said the economic and social framework in which the Salvadoran society was now living should be clarified. Even before the peace agreement in 1992, there was a process of structural adjustment in which markets were privileged, over the interests of larger majorities. From 1996, a process of economic slowing-down had been agreed on, and this had had effects on the population, which already had the lowest GDP growth rate in the region. In order to carry out some of its activities, the State found itself greatly indebted. Some 43 per cent of the population was living in a situation of relative poverty, and 19 per cent in absolute poverty, according to the United Nations Development Programme. El Salvador was a special case in the area due to its social inequalities - the gap between rich and poor had increased twenty-five-fold. There was also glaring violence and criminality, with an impact on the situation of economic, social and cultural rights. Violence was even higher than in Colombia. There were proven methods for improving the situation with regards to access to health and water, but poverty was not being properly addressed. There was no economic national plan that would at least make it possible to see El Salvador as a fairer country. There was rampant violence, and this promoted exclusion and migration. Administrative corruption was carried out to the detriment of some public policies for dealing with economic, social and cultural rights. The Government should ensure that the social aspect be foremost in its activities.

In questions, Experts raised various issues, including on the public social security system and whether there was still a public system; recommendations on agricultural policy and how the free-trade agreement had affected the economy; what was the system for public health care and how contributions were made to this; the issue of migrants and the quantity of income they remitted back to the country; why it was a country showing such small economic growth; and issues related to the phenomenon of youth gangs.

Responding, the NGO representatives said that it was important to note the links between the questions. There was an immense trade deficit, and very low domestic production. Families were disintegrating, and the money remitted by migrants was very important to the economy, as it was used to import necessary goods. Migrants’ families tended to fall apart, and children who were left behind were brought up by grandparents, by television, or were on their own. There was no comprehensive policy in this regard, and this was why children joined gangs. As soon as the foreign remittance entered the country, it was soaked up, and growth remained static. With regards to the public pension system, some persons were more or less forced to join these.

On the public health system, it had been a form of solidarity previously. Today, the administration had sub-contracted it out to private clinics that provided the services. The free trade agreement had had significantly negative effects on agriculture. Roads had been built through agricultural lands. In El Salvador, the national economy basically focussed on eight families, which had a tremendous amount of power, owning companies which formed 80 per cent of the economy. They were in a position to exert considerable control within the State. The Free Trade Agreement treaties had been beneficial to these families, and those who had been adversely affected were the vast majority of inhabitants in the country. There was a tremendous imbalance in wealth distribution. The Free Trade Agreement had been speedily concluded, with the exclusion of civil society representatives and of the workers, without the content of the treaty having been reviewed before its adoption by a simple majority in Congress. The situation regarding migrants was one of the most concrete factors bringing income into the country. On the ongoing problem of the gangs, there was a need for a comprehensive policy to address these that would deal effectively with the social problems involved in the organization of these gangs.


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