General Assembly - Report of the Secretary-General on the work of the Organization, the causes of conflict and the promotion of durable peace and sustainable development in Africa

I.   Introduction

1.       On 25 September 1997, the Security Council convened at the level of Foreign Ministers to consider the need for a concerted international effort to promote peace and security in Africa. The Council observed that despite the progress achieved by some African States the number and intensity of armed conflicts on the continent remained a matter of grave concern, requiring a comprehensive response. The Council requested that I submit a report regarding the sources of conflict in Africa, ways to prevent and address those conflicts, and how to lay the foundation for durable peace and economic growth following their resolution. In accordance with the wishes of the Council, and because the scope of the challenge extends beyond the purview of the Security Council alone, I hereby submit this report not only to the Security Council but also to the General Assembly and other components of the United Nations system that have responsibilities in Africa, including the Bretton Woods institutions.

2.       Africa as a whole has begun to make significant economic and political progress in recent years, but in many parts of the continent progress remains threatened or impeded by conflict. For the United Nations there is no higher goal, no deeper commitment and no greater ambition than preventing armed conflict. The prevention of conflict begins and ends with the promotion of human security and human development. Ensuring human security is, in the broadest sense, the cardinal mission of the United Nations. Genuine and lasting prevention is the means to achieve that mission.

3.       Conflict in Africa poses a major challenge to United Nations efforts designed to ensure global peace, prosperity and human rights for all. Although the United Nations was intended to deal with inter-State warfare, it is being required more and more often to respond to intra-State instability and conflict. In those conflicts the main aim, increasingly, is the destruction not just of armies but of civilians and entire ethnic groups. Preventing such wars is no longer a matter of defending States or protecting allies. It is a matter of defending humanity itself.

4.       Since 1970, more than 30 wars have been fought in Africa, the vast majority of them intra-State in origin. In 1996 alone, 14 of the 53 countries of Africa were afflicted by armed conflicts, accounting for more than half of all war-related deaths worldwide and resulting in more than 8 million refugees, returnees and displaced persons. The consequences of those conflicts have seriously undermined Africa's efforts to ensure long-term stability, prosperity and peace for its peoples.

5.       By not averting these colossal human tragedies, African leaders have failed the peoples of Africa; the international community has failed them; the United Nations has failed them. We have failed them by not adequately addressing the causes of conflict; by not doing enough to ensure peace; and by our repeated inability to create the conditions for sustainable development. This is the reality of Africa's recent past. It is a reality that must be confronted honestly and constructively by all concerned if the people of Africa are to enjoy the human security and economic opportunities they seek and deserve. Today, in many parts of Africa, efforts to break with the patterns of the past are at last beginning to succeed.

6.       It is my aspiration, with this report, to add momentum to Africa's renewed quest for peace and greater prosperity. The report strives to do so by offering an analysis of conflicts in Africa that does justice to their reality and seeks answers in their sources. It strives to do so by proposing realistic and achievable recommendations which, in time, may reduce if not entirely end those conflicts. It aims to summon the political will of Africans and non-Africans alike to act when action is so evidently needed – the will without which no level of assistance and no degree of hope can make the difference between war and peace in Africa.

II.  The sources of conflict

7.       Africa is a vast and varied continent. African countries have different histories and geographical conditions, different stages of economic development, different sets of public policies and different patterns of internal and international interaction. The sources of conflict in Africa reflect this diversity and complexity. Some sources are purely internal, some reflect the dynamics of a particular subregion, and some have important international dimensions. Despite these differences the sources of conflict in Africa are linked by a number of common themes and experiences.

A.   Historical legacies

8.       At the Congress of Berlin in 1885, the colonial Powers partitioned Africa into territorial units. Kingdoms, States and communities in Africa were arbitrarily divided; unrelated areas and peoples were just as arbitrarily joined together. In the 1960s, the newly independent African States inherited those colonial boundaries, together with the challenge that legacy posed to their territorial integrity and to their attempts to achieve national unity. The challenge was compounded by the fact that the framework of colonial laws and institutions which some new States inherited had been designed to exploit local divisions, not overcome them. Understandably, therefore, the simultaneous tasks of State-building and nation-building preoccupied many of the newly independent States, and were given new momentum by the events that followed the outbreak of secessionist fighting in the Congo. Too often, however, the necessary building of national unity was pursued through the heavy centralization of political and economic power and the suppression of political pluralism. Predictably, political monopolies often led to corruption, nepotism, complacency and the abuse of power. The era of serious conflict over State boundaries in Africa has largely passed, aided by the 1963 decision of the Organization of African Unity (OAU) to accept the boundaries which African States had inherited from colonial authorities. However, the challenge of forging a genuine national identity from among disparate and often competing communities has remained.

9.       The character of the commercial relations instituted by colonialism also created long-term distortions in the political economy of Africa. Transportation networks and related physical infrastructure were designed to satisfy the needs of trade with the metropolitan country, not to support the balanced growth of an indigenous economy. In addition to frequently imposing unfavourable terms of trade, economic activities that were strongly skewed towards extractive industries and primary commodities for export stimulated little demand for steady and widespread improvements in the skills and educational levels of the workforce. The consequences of this pattern of production and exchange spilled over into the post-independence State. As political competition was not rooted in viable national economic systems, in many instances the prevailing structure of incentives favoured capturing the institutional remnants of the colonial economy for factional advantage.

10.     During the cold war the ideological confrontation between East and West placed a premium on maintaining order and stability among friendly States and allies, though super-Power rivalries in Angola and elsewhere also fuelled some of Africa's longest and most deadly conflicts. Across Africa, undemocratic and oppressive regimes were supported and sustained by the competing super-Powers in the name of their broader goals but, when the cold war ended, Africa was suddenly left to fend for itself. Without external economic and political support, few African regimes could sustain the economic lifestyles to which they had become accustomed, or maintain the permanent hold on political power which they had come to expect. As a growing number of States found themselves internally beset by unrest and violent conflict, the world searched for a new global security framework.

11.     For a brief period following the end of the cold war, the international community was eager to exercise its newly acquired capacity for collective decision-making. Beginning in the early 1990s, the Security Council launched a series of ambitious peacekeeping and peacemaking initiatives in Africa and elsewhere. Despite a number of important successes, the inability of the United Nations to restore peace to Somalia soured international support for conflict intervention and precipitated a rapid retreat by the international community from peacekeeping worldwide. An early and direct consequence of this retreat was the failure of the international community, including the United Nations, to intervene to prevent genocide in Rwanda. That failure has had especially profound consequences in Africa. Throughout the continent, the perception of near indifference on the part of the international community has left a poisonous legacy that continues to undermine confidence in the Organization.

B.   Internal factors

12.     More than three decades after African countries gained their independence, there is a growing recognition among Africans themselves that the continent must look beyond its colonial past for the causes of current conflicts. Today more than ever, Africa must look at itself. The nature of political power in many African States, together with the real and perceived consequences of capturing and maintaining power, is a key source of conflict across the continent. It is frequently the case that political victory assumes a "winner-takes-all" form with respect to wealth and resources, patronage, and the prestige and prerogatives of office. A communal sense of advantage or disadvantage is often closely linked to this phenomenon, which is heightened in many cases by reliance on centralized and highly personalized forms of governance. Where there is insufficient accountability of leaders, lack of transparency in regimes, inadequate checks and balances, non-adherence to the rule of law, absence of peaceful means to change or replace leadership, or lack of respect for human rights, political control becomes excessively important, and the stakes become dangerously high. This situation is exacerbated when, as is often the case in Africa, the State is the major provider of employment and political parties are largely either regionally or ethnically based. In such circumstances, the multi-ethnic character of most African States makes conflict even more likely, leading to an often violent politicization of ethnicity. In extreme cases, rival communities may perceive that their security, perhaps their very survival, can be ensured only through control of State power. Conflict in such cases becomes virtually inevitable.

C.   External factors

13.     During the cold war, external efforts to bolster or undermine African Governments were a familiar feature of super-Power competition. With the end of the cold war, external intervention has diminished but has not disappeared. In the competition for oil and other precious resources in Africa, interests external to Africa continue to play a large and sometimes decisive role, both in suppressing conflict and in sustaining it. Foreign interventions are not limited, however, to sources beyond Africa. Neighbouring States, inevitably affected by conflicts taking place within other States, may also have other significant interests, not all of them necessarily benign. While African peacekeeping and mediation efforts have become more prominent in recent years, the role that African Governments play in supporting, sometimes even instigating, conflicts in neighbouring countries must be candidly acknowledged.

D.   Economic motives

14.     Despite the devastation that armed conflicts bring, there are many who profit from chaos and lack of accountability, and who may have little or no interest in stopping a conflict and much interest in prolonging it. Very high on the list of those who profit from conflict in Africa are international arms merchants. Also high on the list, usually, are the protagonists themselves. In Liberia, the control and exploitation of diamonds, timber and other raw materials was one of the principal objectives of the warring factions. Control over those resources financed the various factions and gave them the means to sustain the conflict. Clearly, many of the protagonists had a strong financial interest in seeing the conflict prolonged. The same can be said of Angola, where protracted difficulties in the peace process owed much to the importance of control over the exploitation of the country's lucrative diamond fields. In Sierra Leone, the chance to plunder natural resources and loot Central Bank reserves was a key motivation of those who seized power from the elected Government in May 1997.

E.   Particular situations

15.     In addition to the broader sources of conflict in Africa that have been identified, a number of other factors are especially important in particular situations and subregions. In Central Africa, they include the competition for scarce land and water resources in densely populated areas. In Rwanda, for example, multiple waves of displacement have resulted in situations where several families often claim rights to the same piece of land. In African communities where oil is extracted, conflict has often arisen over local complaints that the community does not adequately reap the benefit of such resources, or suffers excessively from the degradation of the natural environment. In North Africa, the tensions between strongly opposing visions of society and the State are serious sources of actual and potential conflict in some States.

III. Responding to situations of conflict

16.     Early warning mechanisms are widely regarded as serving an important role in conflict prevention but, without early action, early warning is of little use. The United Nations early warning capabilities have been significantly improved in recent years. The critical concern today is no longer lack of early warning of impending crises, but rather the need to follow up early warning with early and effective action. Whether the response involves diplomatic efforts, a peacekeeping deployment or a humanitarian intervention, the sooner action is taken the more effective it is likely to be.

17.     When grievances arise, Governments and their opponents must reject the immediate resort to violence that is all too common. When violent conflict does erupt, a genuine effort is needed to exhaust political options, before such a confrontation intensifies. Before international action is required, I urge Governments in situations of potential or actual conflict to consider the appointment of special mediators or special commissions to look into the sources of the dispute, build confidence, and recommend practical solutions. Such efforts might include the involvement of respected persons from elsewhere in Africa or from the broader international community.

A. Peacemaking

18.     The deployment of peacemaking resources is an essential part of any effort, whether national or international, to prevent, contain and resolve conflicts. Diplomatic efforts are usually the most cost-effective and the most quickly deployed. Negotiation, mediation, good offices, fact-finding missions and judicial resolution may all be involved. The objectives include facilitating dialogue, defusing tensions, promoting national reconciliation, advancing respect for human rights and institutionalizing peace. Where a peace process is needed, it is the role of the United Nations, with OAU, to help create one. Where obstacles obstruct further progress, it is our role to help remove them. Where a basis for agreement exists, it is our role to help facilitate it.

19.     Cooperation by the parties and their willingness to work towards peace can sometimes be nurtured by the international community if it is able to assist with short-term stability while providing positive inducements for longer-term reconciliation. Inducements might include, for example, local infrastructure and water projects, the provision of access to small business loans or basic medical care. To employ them effectively as tools of conflict resolution requires understanding people's problems in their full complexity and being able to respond at several levels simultaneously and with a certain amount of flexibility. Greater international support for such efforts is required.

20.     Peacemaking efforts need to be well coordinated and well prepared. Within the United Nations system the recently created Executive Committee on Peace and Security, convened by the Under-Secretary-General for Political Affairs, is intended further to enhance cooperation, policy coherence and the sharing of information. Likewise, the newly established United Nations liaison office at OAU headquarters in Addis Ababa will consolidate cooperation between the two organizations and facilitate the coordinated deployment of political efforts to prevent, contain and resolve conflicts in Africa. This is also the objective of the annual meetings of officials from the United Nations and OAU Secretariats, jointly chaired by the two Secretaries-General. Cooperation between the United Nations and subregional organizations such as the Economic Community of West African States (ECOWAS), the Southern African Development Community and the Intergovernmental Authority on Development, which are working actively to address issues of peace and security in their subregions, is also being strengthened.

Harmonizing the policies and actions of external actors

21.     In many cases, both in Africa and elsewhere, the failure of the major external actors to maintain a common political approach to an erupting or ongoing crisis is one of the principal impediments to progress towards a solution. The adoption of a common stance by neighbouring States is especially critical. In the early stages, neighbouring States are likely to be the first ones approached as the protagonists search for allies and support. If the conflict is allowed to escalate it will inevitably begin to take on a life of its own, but neighbouring States and other external actors are likely still to wield considerable influence with the protagonists. Even when the conflict has further intensified, broader international efforts, such as sanctions, can succeed only if there is genuine cooperation and support of such measures by the subregion. The Organization of African Unity has a leading role to play in ensuring such cooperation and support, in conjunction with the relevant subregional organizations. In southern Africa, early and concerted political action by the subregion with OAU support has been used effectively to contain burgeoning political troubles in Lesotho. In West Africa, the eventual decision by ECOWAS countries to harmonize their policies and actions in Liberia was a key turning point in the peace process in that country.

Avoiding a proliferation of mediation efforts

22.     It is critically important that international actors avoid the temptation to undertake rival or competing efforts, once a framework for mediation has been established. This is in no way intended to discourage the designation by Governments and organizations of officials with a special mandate to pay close attention to a particular crisis situation. On the contrary, the appointment of special envoys and special representatives can greatly facilitate consultations, information sharing and decision-making within the international community. This should not, however, provide opportunities for the protagonists to divide the international community, or to play one effort off against another. Invariably such an outcome results in confusion and delay rather than progress.

23.     It follows that the selection of a mediator in situations of conflict must be very carefully considered and carried out with the closest possible consultation. In 1997, the appointment of a joint United Nations/OAU Special Representative for the Great Lakes region marked a significant innovation which may also prove useful in other circumstances. Two different but equally important examples of how cooperation might be structured are the support provided by the United Nations to the mediation efforts of Togo concerning the Bakassi Peninsula, and its support for the mediation efforts of former President Nyerere with respect to Burundi.

Mobilizing international support for peace efforts

24.     Unless there is adequate international support for peace efforts it may be impossible in some situations to maintain the momentum for peace. The establishment of contact groups of interested countries, whether in the form of groups of "Friends", or a special conference as in the case of Liberia, can be effective in mobilizing international support for peace efforts. The Special Conference on Liberia was convened at ministerial level and brought together the ECOWAS countries, donor countries, the Bretton Woods institutions and other relevant parts of the United Nations system. The objectives were to mobilize international political support for the peace process; help to harmonize the views of the key external political actors; and ensure that the essential resource requirements of the peace process were understood and provided for. The utility of the Special Conference during the peace process has prompted suggestions that this mechanism be retained to deal with the challenges of post-conflict peace-building that now lie ahead for Liberia. I urge that equivalent structures be created in similar conflict and post-conflict situations.

Improving the effectiveness of sanctions

25.     Sanctions, as preventive or punitive measures, have the potential to be an effective tool. The multilateral threat of economic isolation may help to encourage political dialogue, while the application of rigorous economic and political sanctions can diminish the capacity of the protagonists to sustain a prolonged fight. In particular, the imposition of an arms embargo can help to diminish the availability of arms with which to pursue a conflict by making the acquisition of weapons more difficult and more expensive. Economic sanctions in particular are too often a blunt instrument, however, applied without adequate prior measurement of their impact or determination of their objectives. In some cases, the hardship imposed on the civilian population is greatly disproportionate to the likely impact of the sanctions on the behaviour of the protagonists. Better targeting of sanctions is necessary to help ensure that they will achieve their intended purpose. Greater use should be made of sanctions aimed at decision makers and their families, including the freezing of personal and organizational assets as well as restrictions on travel. Where poorer countries that are called upon to apply sanctions are likely to face significant adverse effects, adequate provisions should be made to mitigate the consequences on local populations dependent on trade with the sanctioned party.

26.     It is impossible to speak of the need for better targeted sanctions without also drawing attention to the need for much more serious enforcement of sanctions by the international community. Where arms embargoes are imposed it is necessary for countries not only to refrain from official transactions but also to seek to discourage their nationals or corporations from violating such sanctions. To enhance the effectiveness of international sanctions regimes, I call upon Member States individually to adopt legislation making the violation of a Security Council arms embargo a criminal offence under their national laws.

Stopping the proliferation of arms

27.     All States have the right and responsibility to provide for their own defence. Africa's compelling development interests nonetheless require that a minimum of resources be diverted for military purposes. African States can help to diminish the need for large military expenditures by implementing transparency and confidence-building measures in the military and security fields– including the signing of non-aggression pacts and security cooperation agreements, participation in joint military training exercises and patrols, and the harmonization of policies against illicit arms trafficking. In 1997 only eight African countries provided information to the United Nations Register of Conventional Arms. I urge all African countries to participate in the Register, in a manner that will make a positive contribution to regional and subregional confidence-building efforts. These could include the establishment of supplementary subregional registers of conventional arms. Furthermore, in order to diminish the threat which the proliferation of small arms poses for Africa, I call upon African countries to agree to reduce their purchases of arms and munitions to below 1.5 per cent of GDP, and to commit themselves to a zero-growth policy for defence budgets for a period of 10 years.

28.     Identifying the sources of arms flows into Africa is critical to any effort to monitor or regulate this trade. Arms exporting countries have a responsibility to exercise restraint, especially with respect to the export of weapons into zones of conflict or tension in Africa. Particularly close attention needs to be paid to the role of private arms merchants in supplying weapons to areas of actual or potential conflict. The goal of public identification of international arms merchants and their activities has proved elusive, but perhaps no other single initiative would do more to help combat the flow of illicit arms to Africa – a trade that is made possible largely by the secrecy that surrounds it. The Security Council should address itself to this issue as a matter of urgency, including the role the United Nations might play in compiling, tracking and publicizing such information.

B.   Peacekeeping

29.     Historically, the United Nations has deployed more of its peacekeeping operations in Africa than in any other single region. Following a decline in international tensions, the deployment in 1989 of operations in Angola and Namibia began a new era of complex, post-cold-war peacekeeping. Of the 32 operations launched by the United Nations during the succeeding nine years, 13 were deployed in Africa. Yet following the serious setback suffered by the United Nations in Somalia, and the bitter experience endured in the former Yugoslavia, the international community has shown great reluctance in recent years to assume the political and financial exposure associated with deploying peacekeeping operations. This reluctance appears to go well beyond the lessons that Somalia offers, and it has had a particularly harsh impact upon Africa.

30.     In addition to the terrible price paid in Rwanda, the broader costs of paralysis can be seen in the reaction by some African Governments, especially in the Great Lakes region, to marginalize the United Nations from further political involvement in the region's affairs. The credibility of the United Nations in Africa to a great extent depends upon the international community's willingness to act and to explore new means of advancing the objectives of peace and security on the continent. It is important therefore, that the United Nations experience in Africa be re-examined and lessons extracted that can guide us for the future.

Lessons learned

31.     The international community's perception of peacekeeping has been greatly shaped by the United Nations experience in Somalia. The memories of that operation continue to hobble the United Nations capacity to respond swiftly and decisively to crises. While the civilian population in Somalia derived significant benefits from the United Nations involvement, including the end of starvation, the United Nations Operation in Somalia was also the first United Nations operation to be withdrawn by the Security Council before completing its mission. The Security Council based that decision on the fact that, despite the operation's humanitarian accomplishments, no political progress had been made because of lack of commitment on the part of key Somali factions not interested in a settlement.

32.     The consequences of the retreat from Somalia and the reluctance to again commit international resources and political capital soon became evident as the international community agonized over how to respond to the tragedy that began to unfold in Rwanda. Hundreds of thousands of lives were lost in the course of the genocide that was perpetrated in full view of the international community. That experience highlighted the crucial importance of swift intervention in a conflict and, above all, of political will to act in the face of a catastrophe. The horrifying suffering of the Rwandan people sends the clear and unmistakable message that the international community must never again tolerate such inaction.

33.     A positive lesson was drawn from the United Nations Operation in Mozambique. There, the United Nations influence was augmented through constant dialogue with the parties on the ground and with other States. The operation became a conduit for international resources, and a binding element for international action – a focal point, a symbol and a catalyst for efforts for peace. The United Nations experience in Mozambique showed that, in the right circumstances, peacekeeping operations can offer a flexible and uniquely adapted means to confront conflict in Africa. Its success testifies to the contribution that the United Nations can make as an impartial and legitimate actor for peace. It also indicates the Organization's potential to strengthen and direct international engagement within a conflict that might otherwise be exacerbated by negligence or by manipulation from outside, and the extent to which unanimity of purpose and willingness to act in a coherent manner can enhance the authority of the international community.

34.     The successive United Nations deployments in Angola have shown the vital role that can be played by a United Nations operation in sustaining a peace process in even the most adverse circumstances, but they have also indicated the crucial need for realistic peace agreements, and the importance of having a credible deterrent capacity within a peacekeeping operation in situations that remain dangerous and volatile. The ongoing risk of conflict has demonstrated, further, how access to resources by warring parties can foster violence, and has highlighted the impact that international business interests can have on the success or failure of peace efforts.

Roles for United Nations peacekeeping in Africa

35.     United Nations peacekeeping will not always be the best answer to every problem, either in Africa or elsewhere. Without the agreement of the protagonists, for example, the cooperation and support needed on the ground for peacekeeping will be lacking. A peacekeeping deployment in such circumstances might even be counterproductive, side-tracking other efforts to take more forceful action or creating the erroneous impression that action is being taken to stop the conflict rather than merely mitigate its symptoms. In the right conditions, however, United Nations peacekeeping operations can make the difference between peace and war in Africa. The recent experience of the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium shows what United Nations peacekeeping can achieve even in the most challenging environment when it is deployed with a credible deterrent capacity, equipped with appropriate resources, and backed by sufficient political will. In Africa, peacekeeping has already played a wide-ranging series of roles in promoting an end to conflict. No catalogue of such roles can be viewed as exhaustive, and the Security Council will need to consider each challenge afresh and tailor a response that best fits the particular circumstances.

36.     Separating the protagonists and monitoring their conduct. Operations of this type function on the basis of a limited agreement or understanding between the parties. They monitor ceasefires and by their presence enable combatants to pull back to a safe distance from each other, where passions may cool and an atmosphere conducive to negotiations may be created. Such operations can be a critical confidence-building measure in difficult situations.

37.     Implementation of comprehensive settlements. In Africa, the United Nations has deployed a number of complex, multidimensional peacekeeping operations incorporating a wide range of civilian elements. Largely successful operations of this type were carried out in Angola, Mozambique and Namibia. Where a comprehensive settlement to a conflict has been reached the deployment of a multidisciplinary peacekeeping operation may well represent the best chance to establish peace and build a foundation for lasting development, based on respect for human rights and the rehabilitation of civic institutions. Where such opportunities arise, the international community should provide its support, demonstrating its commitment to peace in a tangible way.

38.     Preventive deployment. It is important not merely to address conflict, but also to try to prevent it. Taking action in a timely manner is critical. In the former Yugoslav Republic of Macedonia, the United Nations successfully deployed a peacekeeping operation before conflict occurred– the first preventive deployment of United Nations peacekeepers. By providing a reassuring presence and a certain amount of transparency, such a deployment can prevent the type of miscalculations that can lead to violent conflict, allow time for grievances to be settled through political channels, make it possible to strengthen peace-building institutions and be a critical confidence-building measure for peace.

39.     Preventive deployment is a pro-active response to the threat of conflict. In Africa, as elsewhere, it can make a major difference. The international community faces such an opportunity now in the Central African Republic, where an explosive situation has been contained by African mediation efforts, local perseverance and an African security force, the Inter-African Mission to Monitor the Implementation of the Bangui Agreements (MISAB), supported by France and the United Nations Development Programme. When the MISAB mandate expires and that support is withdrawn, the only viable option for the maintenance of stability in the Central African Republic is the establishment and deployment of a United Nations peacekeeping operation. All parties within the country and all countries in the region are agreed that without a credible external force violence will return. The Security Council's recent decision to authorize the deployment of such a force sends a positive and important signal to the region and to Africa as a whole.

40.     Protecting humanitarian interests. Humanitarian agencies endeavour to provide support to civilian victims of war wherever they may be. Too often, however, the warring parties, one or more of which may be irregular militias or self-proclaimed authorities, make it difficult or impossible for them to do so. This is sometimes because of the exigencies of war, but more often because the relief of a particular population is contrary to the war aims of one or another of the parties. There is also a growing tendency for the combatants to divert relief supplies for their own purposes. Humanitarian actors have worked with peacekeepers, and independently of them, to negotiate access and defend humanitarian principles. However, the unprecedented difficulties arising from the operations in Somalia and the former Yugoslavia illustrate the magnitude of the challenges and dangers posed for peacekeepers and humanitarian workers operating in a hostile environment without the consent or support of all of the parties.

Supporting regional and subregional initiatives

41.     Within the context of the United Nations primary responsibility for matters of international peace and security, providing support for regional and subregional initiatives in Africa is both necessary and desirable. Such support is necessary because the United Nations lacks the capacity, resources and expertise to address all problems that may arise in Africa. It is desirable because wherever possible the international community should strive to complement rather than supplant African efforts to resolve Africa's problems. In recent years there have been a number of new African initiatives to resolve disputes that have long plagued particular areas or to tackle new conflicts before they can expand and escalate beyond control. While not all of those endeavours have been successful, the political leaders of Africa have persevered and the peoples of Africa deserve the support of the international community.

42.     Authorizing the use of forceful action. Within modern conflicts the recurrent characteristics of fractured lines of authority, civilian suffering and involvement of militias have meant that intervention to promote peace has frequently entailed tasks that require forceful action and may incur significant danger. Where significant force is likely to be required the Security Council has in recent years frequently chosen to authorize action by willing Member States or coalitions of States. This has been the case, for example, in Albania, Bosnia and Herzegovina, Haiti, Iraq and Somalia. The obligation to obtain Security Council authorization prior to the use of force is clear; but while authorizing forceful action by Member States or coalitions of States can sometimes be an effective response to such situations, it also raises many questions for the future, particularly the need to enhance the Council's ability to monitor activities that have been authorized.

43.     Co-deploying with regional, subregional or multinational forces. One means of monitoring the activities of a multinational force while also contributing to the broader aspects of a peace process was demonstrated in Liberia. A small unarmed force of United Nations military observers was co-deployed alongside the ECOWAS Monitoring Group (ECOMOG), its mandate being to work with the subregional force in the implementation of the Peace Agreement. In accordance with the Peace Agreement, ECOMOG had primary responsibility for ensuring implementation while the role of the United Nations Observer Mission in Liberia (UNOMIL) was to monitor the implementation procedures in order to verify their impartial application. Political, humanitarian and electoral components were also established in UNOMIL, later followed by a human rights component.

44.     The collaboration with ECOMOG succeeded in helping to restore peace in Liberia. It is a case of cooperation between the United Nations and a subregional organization that might be applicable to other situations as well. We should not, however, draw the conclusion that such responsibilities can henceforth be delegated solely to regional organizations, either in Africa or elsewhere. Delegation does not represent a panacea for the difficult problems facing peacekeeping. Regional organizations can face political, structural, financial or planning limitations. At times the impartiality or neutrality of their member States may be questioned, for historical reasons or for political or economic reasons. Nonetheless, the experience in Liberia clearly showed the contribution that can be made by a subregional organization such as ECOWAS when dealing with so complex a situation, and the key role that the United Nations can play in support of such efforts. Judgement and caution must be exercised in associating the United Nations with regional, subregional or multinational efforts but the potential for positive cooperation should continue to be explored.

45.     Strengthening Africa's capacity for peacekeeping. Reinforcing the capacity of African countries to operate in peacekeeping missions remains a key priority, whether those operations take place in the framework of a United Nations peacekeeping mission or one authorized by the Security Council but conducted by a regional organization or group of States. In looking to future strategies for enhancing Africa's capacity for peacekeeping, the proposals developed in consultation with OAU officials and tabled in my predecessor's report (A/50/711-S/1995/911) remain valid. Those proposals relate to practical steps that can be taken in the areas of training assistance, joint peacekeeping exercises, greater African participation in the United Nations standby arrangements, partnerships between countries whose contingents require equipment and donors that are able to assist, and closer cooperation between the United Nations and OAU. These efforts are not in any way intended to relieve the broader international community of its collective obligations under the Charter of the United Nations, but rather within the framework of those responsibilities to make Africa's own contribution more effective. In this context, I strongly encourage all Member States to contribute to the United Nations and OAU trust funds established to improve preparedness for conflict prevention and peacekeeping in Africa.

Ensuring a consistent approach

46.     Creating clearer criteria and a more predictable basis for determining when the Security Council is likely to support the deployment of peacekeeping operations is urgently needed. Failure to act in the face of serious threats to peace and human lives in Africa threatens the credibility and legitimacy of the United Nations not only in the area of peace and security but also in other areas of its work. Moreover, wide disparities in the international community's commitment to preventing or containing conflicts in different regions impede the ability of the United Nations to promote a stable and just international order anywhere. Member States must be engaged in terms of political will and practical resources if the viability of the United Nations and the principles for which it stands are to be safeguarded, let alone advanced.

C.   Humanitarian assistance

47.     In Africa as elsewhere, the changing nature of conflict requires new responses. During the cold war era there was a certain predictability in the way political and humanitarian mechanisms could be used to respond to crises shaped by competing bi-polar interests. On the humanitarian front, standard approaches were used to help people who sought asylum across borders. Assistance was provided in the relative security of camps or settlements outside the immediate war zone. In situations of famine, which were seen primarily as natural disasters compounded by politics (and not the reverse), there was a momentum to help people cope with food deficiencies.

48.     Crises today, particularly in Africa, have become much more complex, having many dimensions at once and involving many actors. Governments, international organizations, non-governmental organizations and anti-government forces all have an important impact on humanitarian situations, and humanitarian action can have important political, social, economic and environmental repercussions as well. A principled and coordinated approach to humanitarian assistance will best address humanitarian needs and facilitate the preparation of a coherent and effective strategy for recovery and reconstruction. The humanitarian community and the international community at large need now to take a hard look at how humanitarian assistance is provided, and for what purposes.

Humanitarian imperatives

49.     Protecting civilians in situations of conflict. All combatants must abide by universal humanitarian principles. Unfortunately, clear rules have not always translated into an equally clear acceptance of those rules. In recent decades, there has been a dramatic and unacceptable deterioration in the level of adherence to humanitarian norms in crisis situations. Governments have often treated armed opponents and their supporters with indiscriminate and ruthless ferocity. Anti-government forces are often willing to employ any and all means that might advance their end. In the past, civilian populations were chiefly indirect victims of fighting between hostile armies. Today, they are often the main targets, with women suffering in disproportionate numbers while often also being subjected to atrocities that include organized rape and sexual exploitation. Increasingly, relief workers, including United Nations staff, have also been directly targeted. Such attacks are unconscionable and undermine the basic conditions of humanitarian assistance.

50.     The monitoring and reporting of respect for human rights is a critical responsibility of the international community. Adherence to international humanitarian and human rights norms by all parties to a conflict must be insisted upon, and I intend to make this a priority in the work of the United Nations. In order to make warring parties more accountable for their actions, I recommend that combatants be held financially liable to their victims under international law where civilians are made the deliberate target of aggression. I further recommend that international legal machinery be developed to facilitate efforts to find, attach and seize the assets of transgressing parties and their leaders.

51.     In working to curb war abuses, human rights missions can play an important role. Because voluntary contributions have in the past proved not to be an adequate basis for funding when special human rights missions have been deployed, I recommend that all special human rights missions should be funded from assessed contributions. In the strongest way possible, international pressure must be brought to bear on all warring parties to respect the human rights of civilians, including relief workers, in situations of armed conflict.

52.     Special attention must be paid to the needs of children in armed conflict. The recent appointment of a Special Representative of the Secretary-General on the impact of armed conflict on children constitutes an important first step in institutionalizing the international community's focus on this important issue. Targeting children for attack and recruiting or abducting them into militia forces are terrible crimes that must be specifically addressed in any future war crimes statutes or prosecutions. I endorse the notion of children as "zones of peace", and urge that this concept be expanded. Negotiating temporary ceasefires to allow children in war zones to be vaccinated, for example, or to allow food supplies to pass through confrontation lines has proved useful in a number of conflict situations. This practice should be raised to a tenet of international humanitarian law.

53.     Addressing refugee security issues. Persons fleeing persecution or war deserve refuge and assistance. The safety of refugees has increasingly become a matter of international concern, as has the security of States hosting large refugee populations or having such populations near their borders. The potential threat to African States posed by the movement of large numbers of refugees when they are mingled with combatants must be acknowledged. In the area of the Great Lakes, the movement of large numbers of Rwandan refugees into neighbouring countries became a destabilizing factor for those countries, as well as for the new Government in Rwanda. Despite appeals from my predecessor and from the Office of the United Nations High Commissioner for Refugees, the international community failed to support efforts to separate former combatants from non-combatant refugees who had ensconced themselves on the territory of the former Zaire, along its border with Rwanda. As a result, combatants hiding among refugee populations remain, even today, a source of insecurity throughout the region.

54.     Every effort should be made to ensure that all refugees and internally displaced persons are adequately protected and provided for, in accordance with internationally recognized rules and procedures. Refugee camps and settlements must be kept free of any military presence or equipment, including arms and ammunition. Where there is a massive influx of people in need of asylum, immediate measures should be taken to separate the civilian population from soldiers and militiamen. The latter should be quartered separately and the neutrality and humanitarian character of the camps and settlements scrupulously maintained. Action is also required to address the special needs and vulnerabilities of women and children in such situations. For their own security, and the security of the States from which they fled, I strongly urge that refugees be settled at a reasonable distance from any border, in camps of limited size, in accordance with the OAU Refugee Convention. Where host countries have been generous enough not to require refugees to live in camps, local communities should be provided with additional support.

55.     Some of the requirements relating to the protection of refugees and the support of States hosting large refugee populations are beyond the capacity of humanitarian providers. Many relate to matters of international peace and security for which the Security Council has primary responsibility. I therefore urge the establishment of an international mechanism to assist host Governments in maintaining the security and neutrality of refugee camps and settlements. Such a mechanism might encompass training, logistics, financial support, the provision of security personnel and the monitoring of national security arrangements. An important initiative with these objectives in mind has recently been launched by the United Nations High Commissioner for Refugees, to address security issues among Burundian refugees in the United Republic of Tanzania.

56.     Mitigating the social and environmental impact of refugees on host countries. The international community often does not adequately take into account the severe social and environmental consequences that the presence of large numbers of long-term refugees may have in many African countries. In Guinea, which has the highest per capita refugee population in the world, as much as 10 per cent of the population are refugees from neighbouring Liberia and Sierra Leone, and many have been in the country for a number of years. This massive presence of refugees has had profound effects on Guinea, devastating forests in some areas and often overstretching the facilities of local communities. The increased presence of street children in many areas and the inability of the local economy to absorb able-bodied persons into the workforce has resulted in rising social tensions. The burden placed on local infrastructure such as schools, hospitals and sanitation facilities has also been considerable. Former combatants mingled among refugees have also helped to fuel the illicit trafficking of small arms. While continuing to encourage African countries to receive and provide for refugees, the international community must also acknowledge and assist the tremendous effort that many countries are currently making.

57.     Humanitarian coordination. The coordination of humanitarian assistance still remains one of the greatest challenges facing the international community as it struggles to respond more effectively to the changing nature of today's complex conflicts. The need to achieve consensus among the multiplicity of actors – each with their own mandates, funding, approach and agenda – makes humanitarian coordination extremely difficult. Moreover, some actors have been reluctant to establish coordination mechanisms almost as a matter of principle. I am determined to ensure that United Nations humanitarian action is fully consistent with broader United Nations peace and development activities, and that our humanitarian action is coordinated. The recently established Executive Committee on Humanitarian Affairs, convened by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, is intended to advance this objective. In the context of peacekeeping or peace-building operations, the United Nations humanitarian coordinator in the field will operate under the overall authority of my representative or special representative in the country, and will ensure that the head of mission is kept fully informed on humanitarian issues.

Special challenges of humanitarian assistance

58.     Is assistance facilitating political inaction? Providing assistance to the victims of conflict is a moral imperative. It is one of the core functions of the United Nations system. Humanitarian assistance today often raises difficult challenges, however – morally, politically and operationally. In part this is because humanitarian assistance is an emergency response that addresses only the symptoms of conflict, not the causes. Humanitarian assistance cannot stop a conflict, and the diversion or abuse of humanitarian assistance may well prolong it. Of special concern is the fact that humanitarian assistance is sometimes treated as a substitute for political action rather than as a supplement. In some cases the vulnerability of humanitarian actors on the ground has even been used as the primary reason for not taking the necessary political action. In situations of conflict the purposes of humanitarian operations, as well as their limitations, need to be better understood by the public and constantly recalled, so that they do not serve as an excuse for political inaction.

59.     Is assistance helping to fuel the conflict? Humanitarian actors are now often required to negotiate access in volatile and dangerous environments, and to fend off efforts by both Governments and their opponents to use humanitarian assistance as a tool to achieve political goals, make economic gains or sustain their fighting capacity. Ensuring that the abuse of humanitarian assistance does not end up prolonging the conflict is one of the greatest challenges facing humanitarian actors in today's conflicts. The looting of humanitarian supplies and vehicles has become an all too frequent occurrence. Not only does this provide sustenance to combatants but, in the case of vehicles, cash and other valuable items, it may give them additional means to prolong or intensify the conflict. In Liberia, over $8 million in property – including nearly 500 vehicles – was looted from United Nations and non-governmental organization premises during the fighting that took place in April and May 1996. In the days and months that followed, combatants were often seen transporting themselves in those stolen vehicles while a flourishing black market developed in property stolen from the United Nations and other international organizations in the country.

60.     Are resources being diverted from other critical priorities? Of particular concern, especially to the host country, is the extent to which humanitarian expenditures diminish the pool of funds that might be available for other critical national priorities. In the Great Lakes region immense sums have been spent on humanitarian relief in recent years, though this assistance is often perceived by countries in the region as having very little impact on the issues that lie at the heart of the problems there. Many fear that the assistance may come at the expense of efforts to address root causes – a sentiment that is fuelled, for example, by the extreme funding difficulties that have surrounded the war crimes Tribunal in Arusha, and by the lack of support so far given to a number of key reconstruction and development priorities identified by the Government of Rwanda. This concern heightens the importance of ensuring a rational allocation of resources between humanitarian relief and development assistance.

61.     Does the multiplicity of actors and mandates impede the provision of effective assistance? The multiplicity of humanitarian actors and mandates operating in any given crisis is one of the striking characteristics of modern conflicts. This reflects a commendable human desire to respond to suffering, but it often entails overlap and duplication of activity that can sometimes amount to competition and rivalry. The multiplicity of actors and the failure at times to achieve consensus on operations or objectives has sometimes impeded rather than advanced humanitarian goals. It is clear that for humanitarian assistance to be most effective there must be cooperation and coordination among humanitarian actors.

Relating emergency assistance to reconstruction and development

62.     Unless there is reconstruction and development in the aftermath of conflict, there can be little expectation of progress or durable peace. Rehabilitation, reconstruction and recovery cannot await the completion of the peace process, however. Relief efforts must be a step towards development, and must be delivered in ways that promote, rather than compromise, long-term development objectives. Successful rehabilitation efforts require a mix of activities – some are quick-starting actions that relief staff familiar with the local situation are well placed to carry out, while others are longer-term actions that need to evolve smoothly into development efforts. What is needed during this phase is not a passing of batons from relief to development assistance, but rather partnerships in which each group brings its particular expertise and capacity to bear on the appropriate parts of the rehabilitation problem in a manner that is consistent and well coordinated.

D.   Post-conflict peace-building

63.     By post-conflict peace-building, I mean actions undertaken at the end of a conflict to consolidate peace and prevent a recurrence of armed confrontation. Experience has shown that the consolidation of peace in the aftermath of conflict requires more than purely diplomatic and military action, and that an integrated peace-building effort is needed to address the various factors that have caused or are threatening a conflict. Peace-building may involve the creation or strengthening of national institutions, monitoring elections, promoting human rights, providing for reintegration and rehabilitation programmes, and creating conditions for resumed development. Peace-building does not replace ongoing humanitarian and development activities in countries emerging from crisis. It aims rather to build on, add to, or reorient such activities in ways designed to reduce the risk of a resumption of conflict and contribute to creating the conditions most conducive to reconciliation, reconstruction and recovery.

64.     The crucial underlying need in post-conflict peace-building situations is the security of ordinary people, in the form of real peace and access to basic social facilities. In pursuing these peace-building objectives, a number of requirements are clear. First, time is of the essence. Second, a multifaceted approach, covering diplomatic, political and economic factors, must be adopted. Third, the effort must be adequately financed. Fourth, there must be high-level strategic and administrative coordination among the many actors.

The transition to post-conflict peace-building

65.     A smooth and early transition to post-conflict peace-building is critical, and I urge the Security Council to look favourably on the establishment of post-conflict peace-building support structures similar to the one in Liberia. Even prior to the end of the conflict, there must be a clear assessment of key post-conflict peace-building needs and of ways to meet them. Peace-building elements should be explicitly and clearly identified and integrated into the mandates of the peacekeeping operation. When a peacekeeping operation comes to an end, the concluding mandate should include specific recommendations for the transitional period to the post-conflict phase.

The priorities of post-conflict peace-building

66.     Societies that have emerged from conflict have special needs. To avoid a return to conflict while laying a solid foundation for development, emphasis must be placed on critical priorities such as encouraging reconciliation and demonstrating respect for human rights; fostering political inclusiveness and promoting national unity; ensuring the safe, smooth and early repatriation and resettlement of refugees and displaced persons; reintegrating ex-combatants and others into productive society; curtailing the availability of small arms; and mobilizing the domestic and international resources for reconstruction and economic recovery. Every priority is linked to every other, and success will require a concerted and coordinated effort on all fronts.

Financing recovery

67.     Where a country's capacity to develop and implement a comprehensive economic programme has been disrupted by conflict, consideration must be given to relaxing the normally strict financial conditions imposed by international lending institutions. Conflict prevention, including post-conflict peace-building, may require an urgent infusion of funds to support a fragile State during a delicate political transition. It is particularly necessary to avoid situations in which conditionalities are imposed that are antithetical to a peace process, or in which international financial institutions and the donor community cut off funds from a weak Government making, in good faith, a popularly supported effort to pursue reconciliation or implement peace agreements. Where economic reform is needed it is necessary to consider how best to provide for a "peace-friendly" structural adjustment programme while easing the conditionality that normally accompanies loans from the Bretton Woods institutions.

68.     Where conflict has recently ended, bilateral and multilateral development agencies can make a distinct contribution by directing their assistance to areas which will facilitate the rapid re-establishment of income-earning activities. Special attention should also be paid to quick-impact micro-projects, especially when they include training and other capacity-building activities that can facilitate the reintegration of ex-combatants, refugees and displaced persons into their communities. The sooner the communities are stabilized, the more durable the peace.

Working towards a coordinated international response

69.     The multidimensional nature of post-conflict peace-building demands effective coordination. In Liberia, where circumstances continue to require extraordinary support from the international community, the first United Nations Peace-building Support Office has been established. The Office is intended to strengthen and harmonize United Nations post-conflict peace-building efforts, while also helping to mobilize international political support for the country's reconstruction and recovery, and assisting Liberians in their efforts to promote reconciliation and respect for human rights. The Representative of the Secretary-General will be responsible for ensuring a consistent policy approach by the entire United Nations system. The United Nations Resident Coordinator in Liberia will be the Deputy to the Representative of the Secretary-General, and will continue to be responsible for the operational coordination of development activities carried out by the United Nations system. The Resident Coordinator will keep the Representative of the Secretary-General fully informed about relevant activities or initiatives of the United Nations, and will provide continuity once the mandate of the Office has ended.

70.     In some situations of conflict or post-conflict peace-building, a "strategic framework" approach may also be appropriate, providing the basis for a coherent effort by the entire United Nations system in countries in crisis. The strategic framework would especially embrace political, human rights, humanitarian and development activities aimed at promoting a durable peace and sustainable development. Such an effort would encompass all partners in the United Nations system, including the Bretton Woods institutions, as well as national authorities, donor organizations and non-governmental organizations.

IV. Building a durable peace and promoting economic growth

A.   Good governance

71.     The difficult relations between State and society in Africa owe much to the authoritarian legacy of colonial governance. Because there was little need to seek political legitimacy, the colonial State did not encourage representation or participation. The result was often social and political fragmentation, and a sometimes weak and dependent civil society. A number of African States have continued to rely on centralized and highly personalized forms of government and some have also fallen into a pattern of corruption, ethnically based decisions and human rights abuses. Notwithstanding the holding of multiparty elections in a majority of African countries, much more must be done to provide an environment in which individuals feel protected, civil society is able to flourish, and Government carries out its responsibilities effectively and transparently, with adequate institutional mechanisms to ensure accountability.

Securing respect for human rights and the rule of law

72.     Respect for human rights and the rule of law are necessary components of any effort to make peace durable. They are cornerstones of good governance. By signalling its commitment to respecting human rights, a Government can demonstrate its commitment to building a society in which all can live freely. I welcome the recent endorsement by the OAU Council of Ministers of proposals for the establishment of an African court on human and peoples' rights. I call upon all African countries that have not done so to ratify United Nations and African instruments on human rights, and to embody those instruments in national law as a matter of priority.

73.     Government actions will speak the loudest, but important signals can also be sent. One signal might be the development of a national plan of action for human rights aimed, for example, at advancing the ratification of human rights treaties, reviewing and amending legislation to ensure that human rights are adequately protected, and promoting human rights training of judges, police officers, lawyers and prison officials. The establishment of credible, independent and impartial national human rights institutions can be a significant confidence-building measure, and should be reinforced by the development of indigenous non-governmental human rights organizations and institutions. The United Nations High Commissioner for Human Rights is available to assist Governments in drafting national plans of action for human rights, establishing human rights commissions, or implementing human rights objectives. Civic education by government, non-governmental organizations, the media and others is important and should inform people about their civic rights and legal protections while also explaining civic responsibilities.

74.     Guaranteeing the fair and impartial enforcement of the law is indispensable to the protection of human rights. This requires respecting the autonomy, integrity and independence of the courts, and ensuring fair and impartial enforcement of the law by the police and State security services. If individuals or groups, including agents of the State, can act with impunity and escape punishment, citizens will live in fear of arbitrary arrest and detention. If the law is applied only selectively and is particularly harsh on certain groups, it creates resentment and fosters the environment for a violent response. Strengthening judicial institutions is a very important way in which the international community can help African countries to promote good governance.

Promoting transparency and accountability in public administration

75.     Corruption is a serious worldwide phenomenon. It has critically hobbled and skewed Africa's development. Addressing the problem of corruption requires targeting both payer and recipient. I welcome the recent initiative of the Organisation for Economic Cooperation and Development to reduce the scope for corruption in aid-funded procurement. I also welcome the signing of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which commits signatories to introducing legislation defining bribery and sanctions to punish it. These are important first steps, but much more still needs to be done. African Governments in particular must get tough on this issue, and make the fight against corruption a genuine priority. The costs of not doing so are very high – in lost resources, lost foreign investment, distorted decision-making, and failing public confidence. I call for agreement on a timetable for the early enactment of legislation in countries implementing the Convention, and call upon OAU to devise by the year 2000 a uniform African convention on the conduct of public officials and the transparency of public administration.

Enhancing administrative capacity

76.     Good governance also requires the effective management of resources. Improved public sector management in Africa must therefore continue to be a high priority for the United Nations system and for African Governments. Existing efforts cover many sectors and operate at many levels. The Bretton Woods institutions have a special role to play, especially in working with African countries to reform public institutions in the financial sector and to support the development of transparent economic and regulatory procedures and practices. A strong central bank capacity, an efficient customs unit and well-managed government regulatory institutions are vital prerequisites for stable macroeconomic performance and the building of investor confidence.

Strengthening democratic governance

77.     Democratic government helps to guarantee political rights, protect economic freedoms and foster an environment where peace and development can flourish. Today, as never before, countries around the world are seeking to establish pluralistic systems of government in which political leaders are elected by the will of the majority to fixed terms of office, and exercise their authority within legal limits. This is a very hopeful trend that bodes well for Africa's future, because in the absence of genuinely democratic institutions contending interests are likely to seek to settle their differences through conflict rather than through accommodation.

78.     Democratization gives people a stake in society. Its importance cannot be overstated, for unless people feel that they have a true stake in society lasting peace will not be possible and sustainable development will not be achieved. Ensuring that people feel represented in the political life of their societies is essential, and in Africa democratization can often build upon positive indigenous structures and traditional ways of inclusive governance. Elections play a central role in democratization efforts in Africa and elsewhere and this focus must remain strong; but elections must also be part of a long-term undertaking that will lead to a strengthening of national institutions and democratic processes. The real test of a democratization process is not the organization of first elections, but whether those first elections are followed by others in accordance with an agreed electoral timetable.

B. Sustainable development

79.     Development is a human right, and the principal long-term objective of all countries in Africa. Development is also central to the prospects for reducing conflict in Africa. A number of African States have made good progress towards sustainable development in recent years, but others continue to struggle. Poor economic performance or inequitable development have resulted in a near-permanent economic crisis for some States, greatly exacerbating internal tensions and greatly diminishing their capacity to respond to those tensions. In many African countries painful structural adjustment programmes have led to a significant reduction in social spending and consequent reductions in the delivery of many of the most basic social services. Especially when this is coupled with a perception that certain groups are not receiving a fair share of diminishing resources, the potential for conflict is evident.

80.     While economic growth does not guarantee stability, satisfaction or social peace, without growth there can be no sustained increase in household or government spending, in private or public capital formation, in health or social welfare. The basic strategy for achieving sustainable development through economic growth is now well established. The core components of the strategy include macroeconomic stability and a stable investment environment; integration into the international economy; a reliance on the private sector as the driving force for economic growth; long-term foreign direct investment, especially in support of export-oriented activities; adequate investment in human development areas such as health and education; a fair and reliable legal framework; and the maintenance of basic physical infrastructures. Despite the broad consensus on how development and economic growth should be pursued, however, in Africa it has been difficult to achieve rapid progress, partly because of the failed policies pursued in the past by many African countries and the difficult international economic environment in which they generally must operate.

Creating a positive environment for investment and economic growth

81.     Creating a positive environment for investment. To produce sustained economic growth, African countries must create and maintain an enabling environment for investment. The world economic system is highly competitive and market-based, and Africa has become largely marginalized in recent years in attracting significant inflows of long-term foreign direct investment. The importance of investment in small and medium-sized businesses should also be emphasized as such enterprises are an important source of employment in Africa and contribute significantly to the continent's GDP. If Africa is to participate fully in the global economy, political and economic reform must be carried out. It must include predictable policies, economic deregulation, openness to trade, rationalized tax structures, adequate infrastructure, transparency and accountability, and protection of property rights.

82.     Enacting needed reforms. Many Governments are in the process of successfully implementing necessary reforms, and some already enjoy stronger growth as a result. Others continue to struggle and several have yet to complete the first generation of economic reforms, which include fiscal consolidation, privatization and deregulation programmes, trade liberalization, and policies to promote investment in human capital and economic infrastructures. These reforms need to be put in place without delay. They should be accompanied by determined efforts to stamp out corrupt practices and implement other civil service reforms that will improve the ability of government to carry out its functions.

83.     Long-term success can be achieved only if African Governments have the political will not just to enact sound economic policies but also to persevere in their implementation until a solid economic foundation has been established. This will happen only if there is greater public understanding of the measures required, and broad-based political support for those measures. Therefore, I urge the convening of national conventions on economic restructuring and reform in countries where serious adjustment is required, for the purpose of considering and explaining the need and likely ramifications of various aspects of structural adjustment. Those conventions might also suggest modifications warranted by local conditions.

84.     Drawing attention to progress and new opportunities. Where progress is being made it should be acknowledged publicly. Virtually none of the major investment guides includes information on Africa. For my part, I intend to hold, in collaboration with the Secretary-General of OAU, regular meetings with senior business leaders worldwide to discuss with them ways of promoting large-scale long-term investment in growth-promoting sectors in Africa. I intend to focus special attention on multi-country infrastructure projects and projects for the exploitation of shared natural resources, as called for in the Abuja Treaty establishing the African Economic Community. On the basis of those consultations, I will recommend appropriate follow-up actions to be taken by national Governments, the United Nations system and other institutions.

Emphasizing social development

85.     Too often, the majority of those living in the developing world appear to be incidental to development rather than its focus. Ultimately, all development strategies should be measured by the benefit they bring to the majority of citizens, while the value of particular development tactics should be measured by the extent to which they will contribute to that end. Governments should review their priorities and distribution decisions, focusing on basic human needs and placing primary emphasis on reducing poverty. The international community needs to work for social development with all of the tools at its disposal, ensuring that greater sensitivity to social development issues is matched by increased financing for anti-poverty efforts and for social development needs.

86.     Investing in human resources. Just as investment in physical capital is necessary to generate economic growth, so too investment in human resources must be recognized not merely as a by-product of economic growth but as a driving force for development. Investment in human development is an investment in long-term competitiveness, and a necessary component of a stable and progressing society. Education, for example, not only increases employment options and capacities but it also enables individuals to make broader, better and more informed choices in all aspects of life, health and culture. Technical and professional training lays an essential foundation for the acquisition of skills, and for renewing, adapting or changing those skills to better suit the evolving needs of individuals and societies.

87.     Public health priorities. Africa faces an increasingly serious public health crisis, which may also have serious consequences for development. It is the result of the worsening impact of endemic diseases such as malaria, together with the re-emergence of diseases like tuberculosis and poliomyelitis and the continuing devastation caused by the HIV/AIDS epidemic. Many deaths could be prevented by vaccinations or effective preventive measures, and by investing in improved sanitation and basic health care. In the case of HIV/AIDS, two thirds of the people infected worldwide are in sub-Saharan Africa. New treatments are available that can very substantially reduce the chances of pregnant mothers transmitting the HIV virus to their unborn children, while better education on how to prevent the transmission of the disease would also have a significant impact. I call for a new focus by Africa and the international community on reducing the mortality rate of treatable and preventable diseases, and urge that consideration also be given to the use of emergency and humanitarian resources for this purpose. I appeal for substantial additional research into new prevention and treatment techniques for diseases such as malaria, which kills millions of people in Africa each year, many of them babies and children. I urge the pharmaceutical industry to work with African countries and the World Health Organization to set a timetable for achieving more affordable access by Africa to life-saving and life-enhancing drugs, including drugs for the treatment of HIV/AIDS.

88.     Focusing on social justice. The eradication of poverty requires development in which access to the benefits of economic progress is as widely available as possible, and not concentrated excessively in certain localities, sectors or groups of the population. Economic growth does not by itself ensure that benefits will be equitably distributed, that the poor and most vulnerable will be protected or that greater equality of opportunity will be pursued. Attention to social justice is vital if development and economic growth are to produce positive results and if society is to develop in a balanced way. If only a small fraction of education resources are spent on primary education while millions remain uneducated and illiterate, and only a small fraction of expenditures on health care go for basic health services and facilities while millions suffer from easily treatable or preventable diseases, development will have little meaning. If social protections are available only to the urban minority, and lack of access overall translates into a practical lack of rights, development can only be a relative term. If economic opportunities are focused exclusively on urban centres while rural life is degraded and destroyed, turmoil and social disintegration will be the price of change. Development and spending priorities need to be broad-based, equitable and inclusive.

89.     Eliminating all forms of discrimination against women. Investing in women's capabilities and empowering them to exercise their choices is a vital and certain way to advance economic and social development. Equality of rights, opportunities and access to resources between men and women are fundamental requirements. Measures must be taken to eliminate all forms of discrimination against women and girls. Institutional barriers that prevent the exercise of equal rights need to be identified and removed through comprehensive policy reform. In some countries married women still remain under the permanent guardianship of their husbands and have no right to manage property. The equalization of laws for men and women, particularly those relating to property, inheritance and divorce, is a pressing need in a number of African countries. I strongly urge all countries that have not done so to ratify the Convention on the Elimination of All Forms of Discrimination against Women, and to do so without reservation.

Restructuring international aid

90.     In Africa, long-term international aid programmes have not achieved the development goals for which they were established. Dramatic cuts in assistance to Africa have been registered in recent years. This trend has hurt rather than helped Africa's efforts to implement the difficult economic and political reforms which are now under way across the continent. Appropriate and effective aid levels need to be established. In conjunction with this, development assistance needs to be restructured, focusing on high impact areas and on reducing dependency. Attention should be directed both to the means for transmitting assistance and to its ends. It is worth noting, for example, that because urban water supply is given preference over rural services, less than 20 per cent of aid for water and sanitation services goes to rural areas or to low-cost mass-coverage programmes. Because higher education is given preference over primary schooling, less than 20 per cent of aid expenditures for education go to primary education. Because urban hospitals are given preference over primary health care, only about 30 per cent of aid for health care goes for basic health services and facilities.

91.     The manner in which technical assistance is provided also needs to be critically re-examined. Technical assistance as it was originally conceived was designed to close the technical capacity gap between industrial and developing countries by accelerating the transfer of knowledge, skills and expertise, thereby building national capacity. In some cases this has been done but, in many others, technical assistance has had precisely the opposite effect, reining in rather than unleashing national capacity. It has been observed that today, after more than 40 years of technical assistance programmes, 90 per cent of the $12 billion a year spent on technical assistance is still spent on foreign expertise – despite the fact that national experts are now available in many fields.

92.     In line with the objectives outlined above, I call for an immediate examination of how best to restructure international aid to reduce dependency, promote primary social development objectives such as clean drinking water, basic literacy and health care, and reinforce efforts to make African economies more stable and competitive. First and foremost, I urge all donors to strive to ensure that at least 50 per cent of their aid to Africa is spent in Africa, and to make information on the expenditure of aid funds more easily accessible to the public. Greater aid for infrastructure development in Africa, including road and rail networks, telecommunications capacities, computer systems and port facilities, would leave a tangible mark while generating employment, expertise and revenues in Africa itself.

Reducing debt burdens

93.     An unsustainable burden of debt. Many States in Africa lack the financial capital needed to address basic expectations and fundamental needs. This is one of the central crises of Africa today, and one that is due in large measure to the problem of Africa's public sector debt. When tensions rise or conflict threatens, many African countries do not have the basic resources to meet critical needs. In 1995, Africa's external debt totalled $328.9 billion – of which approximately 45 per cent was owed to official bilateral sources, 30 per cent to official multilateral sources, and 25 per cent to commercial lenders. To service this debt fully, African countries would have had to pay to donors and external commercial lenders more than 60 per cent ($86.3 billion) of the $142.3 billion in revenues generated from their exports. In fact, African countries as a whole actually paid more than 17 per cent ($25.4 billion) of their total export earnings to donors and external commercial lenders, leaving a total of $60.9 billion in unpaid accumulated arrears.

94.     The need for additional action on debt. Addressing the threat that an unsustainable debt burden poses to the economic security and long-term stability of Africa requires comprehensive and decisive action by the international community. Debt relief granted by the international community should promote and reinforce economic reforms. It should be structured in ways that will not undermine Africa's future capacity to attract investment, but will instead enhance that capacity by lifting past burdens from present operations. The recent Heavily Indebted Poor Countries Debt Initiative is a promising step. The principle behind the Initiative is that the international community would reduce the debt burden of poor countries, following the implementation of internationally accepted programmes of reform, to a level that would no longer hinder their economic growth and development. The results of the Initiative have been disappointing, however. At present, only four African countries meet its requirements.

95.     Significant movement on lifting Africa's crippling debt burden will require concerted political action at the highest levels. It is evident that in development terms Africa has far too little to show for the burden of debt that has now accumulated. Africa cannot avoid its share of responsibility for the present debt predicament, but the international community needs to acknowledge its own role in creating this problem. During the cold war bilateral and multilateral loans were often linked mainly to geopolitical priorities, purchasing political peace and stability in areas of interest to the super-Powers or their principal allies. In many cases bilateral loans provided the funds for extensive military expenditures by African countries. Across Africa, Governments were sometimes pressured into accepting a wide range of loans which they did not need and could not productively utilize. In many cases little or no effort was made to ensure accountability for expenditures, despite clear reasons for lenders to expect that substantial sums were likely to be diverted or misappropriated.

96.     A framework for action on debt. The Organization of African Unity has called for an international agreement to clear the entire debt stock for the poorest countries in Africa within a reasonably short period of time, and in the context of Africa's overall economic reforms. I urge that this appeal to help African countries to escape from the debt trap be given the most serious consideration. I also urge that two immediate steps be taken towards that end. First, I call upon all creditor countries to convert into grants all the remaining official bilateral debt of the poorest African countries. Second, I call upon the international financial institutions to significantly ease and quicken access to facilities for heavily indebted poor countries, and to provide countries with sufficient resources to enable them to attain a substantial and sustained pace of economic growth and social development.

Opening international markets

97.     Access to markets. All countries are now part of an international trading system, but many remain imperfectly integrated into it while others are excessively vulnerable to its instability. Long-term sustained growth in Africa will depend largely upon the capacity of Africa to diversify exports and to achieve export-led growth in manufactures alongside the production of primary commodities. The transition to export-led growth will require not only sustained internal policy reform backed by macroeconomic stability and debt reduction, but also enhanced and guaranteed access to developed country markets as well as improved regional South-South cooperation. Africa's manufacturing competitiveness lies in part in items such as agro-based industries as well as apparel and textiles which are politically sensitive in developed countries. Although the average level of tariffs on Africa's major exports was reduced in the Uruguay Round of multilateral trade negotiations, more progress is needed. Particularly troubling is the problem of "tariff escalation", whereby tariffs on some agriculture- and natural-resource-based products increase in proportion to the degree of processing before export. This phenomenon serves to discourage and penalize African efforts to develop, and should be eliminated with respect to African products.

98.     Special efforts are needed by the developed economies to ensure access for competitive African goods, even in the face of domestic political lobbies resisting increased competition. I urge that the question of eliminating trade barriers to African products be placed on the agenda of the next meeting of the group of major industrialized countries, with a view to the adoption of a common policy to be implemented on a bilateral basis and through the World Trade Organization.

99.     Adjusting to a globally competitive trade environment. With respect to Africa's own progress on tariff reduction, the international community should be sensitive to the possible impact of tariff reduction on budget revenues, fiscal deficits, macroeconomic instability and debt service burden. Assistance will be necessary to enable African countries to sustain the tariff reductions and economic reforms on which they have already embarked. Africa also requires special support to deal with the imposition of new and emerging non-tariff barriers such as new environmental, health and labour standards. Many African economies need not only greater access to the international market but also to remove domestic constraints which limit their capacity to take advantage of existing opportunities offered through the Uruguay Round agreements. The international community should also direct its assistance to the development of productive capacity in Africa and the enhancement of the competitiveness of industries on the continent.

Support for regional cooperation and integration

100.    Small markets, high transaction and transportation costs, and lack of sufficient communication links are significant factors impeding the expansion of economic activity for many African countries. Greater regional cooperation and integration could help to limit some of those obstacles while enabling many countries to achieve collectively what each would be unable to achieve on its own. Also, the closer the economic ties among States members of subregional or regional groupings, the greater the effort likely to be devoted to preventing disputes and tensions from turning into conflicts. In the past, a range of political, institutional and physical constraints have hampered efforts to promote greater regional integration in Africa. They have included ideological differences, nationalistic policies, the non-convertibility of national currencies, tariff and non-tariff barriers, differences in legal institutions and frameworks and sometimes the lack of basic infrastructure such as roads, telecommunications facilities and transport.

101.    Today, a number of important factors favour efforts at greater regional and subregional cooperation. These include the Abuja Treaty, the efforts by many Governments to encourage private sector development, the convergence in macroeconomic policies resulting from the adoption of structural adjustment programmes by a large number of African countries, and the common challenge presented by the formation of new trade blocs in other regions of the world. Still greater policy convergence and harmonization are required if these efforts are truly to gain momentum. Specific activities at the subregional level could include cooperative projects that link two or more countries – common economic enterprise zones, common infrastructure projects, or joint tourism efforts, for example. To reinforce national economic efforts, I call upon African countries – with the support of the United Nations system, including the Bretton Woods institutions, as well as the European Union and others – to examine ways in which regional and subregional integration can be used to promote economic discipline and sound macroeconomic policy, and facilitate the establishment of solid institutional and confidence-building links between neighbouring States.

102.    I also call upon African countries to give priority to establishing uniform standards for equipment and facilities relevant to subregional interactions. Significant progress will also require a more genuinely supportive attitude on the part of donors and trading partners, particularly with regard to the development of common standards and equipment among neighbouring countries. Too often, preferential arrangements with bilateral external partners result in a multiplicity of incompatible standards, technologies and equipment, thereby hindering genuine integration.

Harmonizing current international and bilateral initiatives

103.    Coordination among donors, both multilateral and bilateral, is essential and should be continually re-evaluated until the assistance that is offered to Africa proves more successful in reducing poverty and promoting economic growth than in the past. To be meaningful, this effort will need to include not just the assistance provided by international financial institutions but also bilateral assistance, which is by far the largest component of international development assistance. A number of important multilateral initiatives have been launched in recent years, aimed at promoting peace and development in Africa. They include the United Nations New Agenda for the Development of Africa in the 1990s and its implementing complement the United Nations System-wide Special Initiative on Africa, the Tokyo International Conference on African Development, the United Nations Programme of Action for the Least Developed Countries for the 1990s, and Commitment 7 of the Copenhagen Declaration on Social Development. In the spirit of my reform proposals, it is necessary now to take a hard look at those initiatives and to ensure that the United Nations and its funds and programmes are working effectively together, as well as with African Governments and society, donors and non-governmental organizations.

V.  Summoning the necessary political will

104.    With sufficient political will – on the part of Africa and on the part of the international community – peace and development in Africa can be given a new momentum. Africa is an ancient continent. Its lands are rich and fertile enough to provide a solid foundation for prosperity. Its people are proud and industrious enough to seize the opportunities that may be presented. I am confident that Africans will not be found wanting, in stamina, in determination, or in political will. Africa today is striving to make positive change, and in many places these efforts are beginning to bear fruit. In the carnage and tragedy that afflicts some parts of Africa, we must not forget the bright spots or overlook the achievements.

105.    What is needed from Africa. With political will, rhetoric can truly be transformed into reality. Without it, not even the noblest sentiments will have a chance of success. Three areas deserve particular attention. First, Africa must demonstrate the will to rely upon political rather than military responses to problems. Democratic channels for pursuing legitimate interests and expressing dissent must be protected, and political opposition respected and accommodated in constitutional forms. Second, Africa must summon the will to take good governance seriously, ensuring respect for human rights and the rule of law, strengthening democratization, and promoting transparency and capability in public administration. Unless good governance is prized, Africa will not break free of the threat and the reality of conflict that are so evident today. Third, Africa must enact and adhere to the various reforms needed to promote economic growth. Long-term success can be achieved only if African Governments have the political will to enact sound economic policies, and to persevere in their implementation until a solid economic foundation has been established.

106.    What is needed from the international community. Political will is also needed from the international community. Where the international community is committed to making a difference, it has proved that significant and rapid transformation can be achieved. With respect to Africa, the international community must now summon the political will to intervene where it can have an impact, and invest where resources are needed. New sources of funding are required, but so too is a better use of existing resources and the enactment of trade and debt measures that will enable Africa to generate and better reinvest its own resources. Concrete action must be taken, as it is in deeds rather than in declarations that the international community's commitment to Africa will be measured. Significant progress will require sustained international attention at the highest political levels over a period of years. To maintain the momentum for action in support of Africa, I call upon the Security Council to reconvene at ministerial level on a biennial basis so as to assess efforts undertaken and actions needed. I also urge that consideration be given to the convening of the Security Council at summit level within five years, for this purpose.

VI. Conclusion

107.    In this report I set out to provide a clear and candid analysis of the sources of conflicts in Africa and the reasons why they persist. I have recommended actions and goals that are both realistic and achievable, to reduce conflict and in time help to build a strong and durable peace. I have urged Africans and non-Africans alike to summon the political will to rise to the challenge which together we must all confront. The time is long past when anyone could claim ignorance about what was happening in Africa, or what was needed to achieve progress. The time is also past when the responsibility for producing change could be shifted on to other shoulders. It is a responsibility that we must all face. The United Nations stands ready to play its part. So must the world. So must Africa.

Years

Sessions

Chairman

Vice-Chairmen

Rapporteur

1997

49

Mr. José BENGOA (Chile)

Mr. Sang Yong PARK (Republic of Korea)

Ms. Halima Embarek WARZAZI (Morocco)

Mr. Ioan MAXIM (Romania)

Mr. Marc BOSSUYT (Belgium)

Take from the United Nations Human Rights Fact Sheet No.17, The Committee against Torture

Introduction

The eradication of the practice of torture in the world was one of the major challenges taken up by the United Nations only a few years after its establishment. In order to ensure adequate protection for all persons against torture and other cruel, inhuman or degrading treatment or punishment, over the years the United Nations has adopted universally applicable standards. These standards were ultimately embodied in international declarations and conventions. The adoption on 10 December 1984 by the General Assembly of the United Nations of the Convention acainst Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment rounded off the codification process to combat the practice of torture.

In developing this valuable instrument, the United Nations did not merely put in writing in a series of articles a body of principles and pious hopes, the implementation and observance of which would not be guaranteed by anything or anyone. It set up also a monitoring body, the Committee acainst Torture, whose main function is to ensure that the Convention is observed and implemented. The Committee met for the first time in April 1988 in Geneva and has since carried out intensive activities which, although often discreet, should make it known to the public at large.

A monitoring body

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted on 10 December 1984 by the General Assembly of the United Nations. Consisting of 33 articles, this instrument, which 58 States had ratified or acceded to as of 1 January 1992, entered into force on 26 June 1987.

The Committee against Torture was established pursuant to article 17 of the Convention and began to function on 1 January 1988.

The Committee consists of 10 experts of high moral standing and recognized competence in the field of human rights. The experts, who must be nationals of States Parties, are elected by those States by secret ballot. They are elected for a term of four years and are eligible for re-election. The present composition of the Committee and the list of States Parties are indicated in the annexes.

The Committee constitutes a new United Nations body, entrusted with the specific su 'pervasion of a multilateral instrument for protection against torture and other inhuman treatment. The Convention sets out a number of obligations designed to strengthen the sphere of protection of human rights and fundamental freedoms, while conferring upon the Committee against Torture broad powers of examination and investigation calculated to ensure their effectiveness in practice.

At their initial meeting held at Geneva in April 1988, the members of the Committee against Torture adopted rules of procedure and defined the Committee's working methods, in conformity with the provisions of the Convention.

The Committee at work

The Committee normally holds two regular sessions each year. Special sessions, however, may be convened by decision of the Committee itself at the request of a majority of its members or of a State Party to the Convention.

The Committee elects from among its members a Chairman, three Vice-Chairmen and a Rapporteur. These officers are elected for a term of two years and are eligible for re-election.

The Committee may invite specialized agencies, United Nations bodies concerned, regional intergovernmental organizations and non-governmental organizations in consultative status with the Economic and Social Council to submit to it information, documentation and written statements, as appropriate, relevant to the Cornmittee's activities under the Convention. It submits an annual report on its activities to the States Parties and to the General Assemblv of the United Nations.

Reports by the States Parties

Submission of reports by States Parties

Pursuant to article 19 of the Convention, each State Party shall submit to the Committee, through the Secretary-General of the United Nations, reports on the measures taken to give effect to its undertakings under the Convention. The first report must be submitted within one year after the entry into force of the Convention for the State concerned; thereafter supplementary reports shall be submitted every four years on any subsequent developments. Further reports and additional information may also be requested by the Committee.

At each session, the Secretary-General of the United Nations notifies the Committee of all cases of non-submission of the said reports. In such cases, the Committee may transmit to the State Party concerned a reminder about the submission of such report or reports.

As to the actual formulation of the report, the Committee has prepared general guidelines containing precise instructions on their form and content in order to inform fully the Committee on the situation in each State Party.

Examination of the reports by the Committee

For the examination of the reports, the Committee invites representatives of the States Parties to attend the meetings when their reports are considered. It may also inform a State Party from which it decides to seek further information that it may authorize its representative to be present at a specified meeting. Such a repi-esentative should be able to answer questions which may be put to him by the Committee and clarify, if need be, certain aspects of the reports already submitted by his State.

After its consideration of each report, the Committee, in accordance with article 19, paragraph 3, of the Convention, may make such general comments on the report as it may consider appropriate. It may, in particular, indicate whether it appears to it that some of the obligations of the State concerned under the Convention have not been discharged. The Committee's observations are transmitted to the State Party, which may reply to them.

Some 40 reports had been examined by the Committee by the end of its seventeenth session in November 1991.

Powers of investigation of the Committee

By virtue of article 20 of the Convention, the Committee is empowered to receive information and to institute inquiries concerning allegations of systematic practice of torture in the States Parties.

The procedure set out in article 20 of the Convention is marked by two features: its confidential character and the pursuit of cooperation with the States Parties concerned.

The competence conferred upon the Committee by this article is optional, which means that, at the time of ratifying or acceding to the Convention, a State may declare that it does not recognize it. In that case, and so long as that reservation has not been withdrawn, the Committee may not exercise the powers conferred upon it under article 20 in respect of that State Party.

Gathering of information

In respect of all the States which have accepted the procedure set out in article 20, the Committee is empowered to receive information concerning the existence of the practice of torture. If it appears to the Committee that the information received is reliable and contains well founded indications that torture is being systematically practised in the territory of a State Party to the Convention, the Committee invites that State to cooperate in its examination of the information and, to this end, to submit observations with regard to that information. It may also decide to request additional information either from the representatives of the State concerned or from governmental and non-governmental organizations as well as individuals, for the purpose of obtaining further elements on which to form an opinion.

Inquiry procedure

If it considers that the information gathered warrants it, the Committee may designate one or more of its members to make a confidential inquiry. In that case, it invites the State Party concerned to cooperate with it in the conduct of the inquiry. Accordingly, the Committee may request the State Party to designate a representative to meet with the members designated to conduct the inquiry in order to provide them with any information they consider necessary. The inquiry may also include, with the agreement of the State Party, a visit to its territory by the designated members, who may then conduct hearings of witnesses.

The designated members submit their findings to the Committee, which transmits them, together with its own comments or suggestions, to the State Party. It invites that State to inform the Committee of the action it takes with regard to the Committee's findings.

After all the proceedings regarding an inquiry have been completed, the Committee may decide to include a summary account of the results of the proceedings in its annual report. Only in that case is the work of the Committee made public; otherwise, all the work and documents relating to its functions under article 20 are confidential.

Inter-State complaints

The conduct, with respect to the States Parties, of proceedings relating to the inter-State complaints mentioned in article 21 of the Convention is subordinated to the recognition by those States of the competence of the Committee. With respect to those States which have deposited the declaration specified in article 21, the Committee may receive and consider communications in which a State Party alleges that another State Party is not discharging its obligations under the Convention.

Recourse to the Committee

The procedure comprises two stages. If a State Party to the Convention considers that another State Party has violated one of its provisions it may in the first place, by written communication, bring the matter to the attention of that State Party. The State which receives the communication is required to furnish in writing and within three months any explanations necessary to clarify the matter. In the event that the two States Parties concerned are unable to settle the matter between themselves, it may be referred by either State to the Committee, whose meetings are always closed.

All domestic remedies available in the State accused of a violation of the Convention must have been exhausted before the Committee can deal with a matter, except where the application of the remedies is unreasonably prolonged or is unlikely to bring effective relief to the victim of the violation.

Friendly solution of the matter

If these conditions are met, the Committee endeavours to arrive at a friendly solution of the matter on the basis of respect for the obligations provided for in the Convention, by making available its good offices to the States Parties concerned and by setting up, when appropriate, an ad hoc conciliation commission. During this phase, any relevant information may be requested by the Committee from the States concerned, which may also make submissions orally or in writing and be represented when the Committee considers the matter.

The Committee shall, within 12 months, submit a report containing a brief statement of the facts and of the solution reached, if a friendly solution is found; otherwise, it submits only the facts with the submissions of the States concerned. The report shall then be communicated, through the Secretary-General of the United Nations, to the States Parties concerned.

Individual complaints

Like other international instruments relating to human rights, the Convention on Torture gives private individuals, in certain circumstances, the right to lodge with the Committee complaints regarding the violation of one or more of its provisions by a State Party. For the Committee to be able to admit and examine individual communications against a State Party, its competence in that regard must however have been expressly recognized by the State concemed.

Individual complaints are always examined by the Committee in closed meeting.

Submission of communications

A communication may be submitted by any private individual who claims to be the victim of a violation of the Convention by a State Party which has accepted the competence of the Committee under article 22 and which is subject to its jurisdiction. If the alleged victim is not in a position to submit the communication himself, his relatives or representatives may act on his behalf.

Consideration of admissibility

In its consideration of the communication, the Committee's first concern is to ascertain its admissibility and, if the conditions for admissibility are met, the Committee then proceeds to examine the merits. The Committee may be assisted, in the exercise of its functions, by a working group comprising not more than five of its members and expressly set up for the purpose.

The conditions for admissibility of communications are specified in the Convention and in the Committee's rules of procedure. For a communication to be declared admissible, it must not:

Be anonymous or incompatible with the provisions of the Convention;

Constitute an abuse of the right to submit a communication under article 22;

Have been examined (or be under examination) under another procedure of international investigation or settlement.

Furthermore, all available domestic remedies must have been exhausted first (under the conditions specified for inter-State complaints).

The Committee may request the State Party concerned or the author of the communication to submit additional information, clarifications or observations relevant to the question of admissibility.

If a communication is declared to be inadmissible, the Committee informs those concerned; the same issue may, however, be reviewed at a later date in the event of the Committee receiving information to the effect that the reasons for inadmissibility no longer apply.

Consideration of the merits

If the Committee decides that a communication is admissible, after informing the author of the communication and transmitting its decision to the State Party concerned, it then considers the merits. Within six months, the State which has allegedly violated the Convention shall submit to the Committee explanations or statements clarifying the case and indicating any measures that may have been taken to remedy the situation. The author of the communication may also submit his observations or additional information to the Committee. In addition, the author of the communication or his representative may be present at the closed meetings of the Committee, if the latter deems it appropriate, in order to provide clarifications on the merits of the case. The representatives of the State concerned may also be invited to attend in the same way.

Provisional measures

In the course of the consideration of either the question of inadmissibility or the merits of the communication, and prior to any decision being taken, the Committee may request the State Party concerned to take steps to avoid a possible irreparable damage to the alleged victim of the violation. This provision offers persons who claim a violation of the Convention protection even before the Committee takes a decision on the admissibility or the merits of the case and at the same time does not prejudge the Committee's final decision.

Conclusion of the proceedings

In the light of all information made available to it by the individual and by the State concerned, the Committee considers the communication and fon-nulates its views thereon. Any member of the Committee may express an individual opinion. The consideration proceedings conclude with the transmission of the final views to the author of the communication and the State concerned, which is also invited by the Committee to inform it of the action it takes in conformity with the Committee's views.

The Committee includes in its annual report a summary of the communications examined, of the explanations and statements of the States Parties concerned, and of its own views.

By the end of its seventh session, the Committee had adopted seven final views on individual communications submitted to it.

Cooperation with other bodies

There are other met hods of combating torture at either the regional level or the international level. That raises the question of their relationships and the establishment of forms of cooperation to avoid any overlapping of tasks and activities and to strengthen, by means of joint action, the effectiveness of the international campaign against torture.

The Special Rapporteur on Torture

The Committee has considered on a number of occasions the question of cooperation with the Commission on Human Rights Special Rapporteur responsible for issues relating to the practice of torture in the world, as well as the possibility of sharing the tasks as between the Special Rapporteur and the Committee, in order to avoid duplication in the exercise of their respective mandates.

The Committee considers the mandate conferred upon it by the Convention and the mandate conferred on the Special Rapporteur by the Commission on Human Rights to be different but complementary. The Rapporteur is required to report to the Commission on the phenomenon of torture in general. To that end, he asks Governments for information on the legislative and administrative measures taken to prevent torture and to remedy its consequences whenever it occurs. He also visits certain regions of the world to hold consultations with government representatives who express the wish to meet him. His task extends to all States Members of the United Nations and to all States with observer status: from that point of view it is broader than that of the Committee (the functions of the Special Rapporteur on Torture are explained in Fact Sheet No. 4: Methods of combating torture).

In view of the complementary nature of their tasks, close contacts have been established between the Committee and the Special Rapporteur for the purpose of exchanging information, reports and documents of common interest.

The European Committee for the Prevention of Torture and the United Nations Voluntary Fund foi- Victims of Torture

In the course of its work, the Committee has also laid the foundations for establishing working relations with the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, as well as cooperation with the Board of Trustees of the United Nations Voluntary Fund for Victims of Torture set up pursuant to General Assembly resolution 36/151 of 16 December 1981.

The cooperation between the Committee against Torture and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment regarding visits to States which are Parties both to the United Nations Convention and to the European Convention appears, however, limited because of the confidential character of the procedures respectively applicable to those visits.

Prevention or cure

The machinery provided for by the Convention on Torture for the consideration of communications-whether inter-State or individual-can be set in motion when human rights violations have already occurred. In some sense, it seeks to remedy such a viollation by recording publicly (in the Committee's annual report) that a State has violated one or more provisions of the Convention, in order to induce the State concerned to remedy the violation. This is also the object of other international instruments on human rights questions established in the United Nations context.

Nevertheless, the establishment of international standards and of monitoring and inquiry procedures, relating to torture and other subjects, is not in itself sufficient to guarantee observance of human rights by the States Members of the United Nations which have undertaken to comply with them.

United Nations activities in this regard can be supplemented in a timely way by its technical assistance and advisory services programme, which operates at two levels.

In the first place, even when a State has accepted international obligations and is willing to respect them, it is not always in a position to do so because of the lack, at the domestic level, of the competent persons and infrastructures necessary for the application of the standards contained in the relevant international instruments. The United Nations can then provide its assistance and its advisory services to help the State concerned to ensure the realization of the rights that have been recognized.

In the second place, through its technical assistance programme, the United Nations also wages a campaign to prevent human rights violations. The setting up of national infrastructures for the protection and promotion of human rights, the organization of courses of study and in-service training for officials responsible for the realization of human richts at the national level (public officials, police forces, personnel of the judiciary) lay down the foundations for creating a human rights culture, which constitutes the best guarantee against the violation of those rights.

Annex III

Declarations made under articles 21 and 22

of the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment as at 1 January 1992

Algeria Netherlands

Argentina New Zealand

Austria Norway

Canada Portugal

Denmark Russian Federation

Ecuador Spain

Finland Sweden

France Switzerland

Greece Togo

Hungary Tunisia

Italy Turkey

Liechtenstein United Kingdom of Great Britain

Luxembourg and Northern Ireland (art. 21 only)

Malta Uruguay

Monaco Yugoslavia

Annex V

Model communication

Date:  

Communication to:

The Committee against Torture

c/o Centre for Human Rights

United Nations Office

8-14 avenue de la Paix

1211 Geneva 10

Switzerland

submitted for consideration under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

I. Information concerning the author of the communication

Name First name(s)

Nationality     Profession

Date and place of birth

Present address

Address for exchange of confidential correspondence (if other than present address)

Submitting the communication as:

(a) Victim of the violation or violations set forth below []

(b) Appointed representative/legal counsel of the alleged

victim(s)                 []

(c) Other                []

If box (c) is marked, the author should explain:

(i)      In what capacity he is acting on behalf of the victim(s) (e.g. family relationship or other personal links with the alleged victim(s)):      

(ii) Why the victim(s) is (are) unable to submit the communication himself (themselves):

An unrelated third party having no link to the victim(s) cannot submit a communication on his (their) behalf.

II. Information concerning the alleged victim(s)

(if other than author)

Name First name(s)

Nationality     Profession

Date and place of birth

Present address or whereabouts

                 

III. State concerned/articles violated/domestic remedies

Name of the State party (country) to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment against which the communication is directed:

Articles of the Convention against Torture allegedly violated:

Steps taken by or on behalf of the alleged victim(s) to exhaust domestic remedies-recourse to the courts or other public authorities, when and with what results (if possible, enclose copies of all relevant judicial or administrative decisions):

If domestic remedies have not been exhausted, explain why:

IV. Other international procedures

Has the same matter been submitted for examination under another procedure of international investigation or settlement (e.g. the Inter-American Commission on Human Rights, the European Commission on Human Rights)? If so, when and with what results?

V. Facts of the claim

Detailed description of the facts of the alleged violation or violations (including relevant dates)*

Author's signature:

_________

* Add as many pages as needed for this description.Taken from the United Nations Human Rights Fact Sheet No.16 (Rev.1), The Committee on Economic, Social and Cultural Rights

All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. While the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms.

VIENNA DECLARATION AND PROGRAMME OF ACTION (Part 1, para. 5),

adopted by the World Conference on Human Rights, Vienna, 25 June 1993 (A/CONF. 157/24 (Part 1), chap. III).

1.       Introduction

International human rights law has been designed to protect the full range of human rights required for people to have a full, free, safe, secure and healthy life. The right to live a dignified life can never be attained unless all basic necessities of life-work, food, housing, health care, education and culture-are adequately and equitably available to everyone. Based squarely on this fundamental principle of the global human rights system, international human rights law has established individual and group rights relating to the civil, cultural, economic, political and social spheres.

The primary basis of United Nations activities to promote, protect and monitor human rights and fundamental freedoms is the International Bill of Human Rights. The Bill comprises three texts: the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), and the International Covenant on Civil and Political Rights (1966) and its two optional protocols.(1)

These instruments enshrine global human rights standards and have been the inspiration for more than 50 supplemental United Nations human rights conventions, declarations and bodies of international minimum rules and other universally recognized principles. These additional standards have further refined international legal norms relating to a very wide range of issues, including women's rights, protection against racial discrimination, protection of migrant workers, the rights of children, and many others.

The two Covenants are international legal instruments. Thus, when Member and non-Member States of the United Nations ratify a Covenant and become a State party to it, they are willfully accepting a series of legal obligations to uphold the rights and provisions established under the text in question.

When a State ratifies one of the Covenants, it accepts a solemn responsibility to apply each of the obligations embodied therein and to ensure the compatibility of their national laws with their international duties, in a spirit of good faith. Through the ratification of human rights treaties, therefore, States become accountable to the international community, to other States which have ratified the same texts, and to their own citizens and others resident in their territories.

This Fact Sheet examines many of the key issues relating to the International Covenant on Economic, Social and Cultural Rights, as well as the work of the Committee on Economic, Social and Cultural Rights which has been entrusted by the international community with monitoring compliance by States parties with the provisions of the Covenant. It is designed to provide a general overview of the Covenant and the Committee in order to assist with the continued strengthening of the enjoyment of economic, social and cultural rights for everyone, everywhere.

2.       The indivisibility and interdependence of all human rights

Under international human rights law (as well as in terms of its application at the national level), civil and political rights have, in many respects, received more attention, legal codification and judicial interpretation, and have been instilled in public consciousness to a far greater degree, than economic, social and cultural rights. It is therefore sometimes wrongly presumed that only civil and political rights (right to a fair trial, right to equality of treatment, right to life, right to vote, right to be free from discrimination, etc.) can be subject to violation, measures of redress and international legal scrutiny. Economic, social and cultural rights are often viewed as effectively second-class rights-unenforceable, non-justiciable, only to be fulfilled progressively over time.

Such perspectives, however, overlook a postulate of the global human rights system formulated as long ago as 1948 with the adoption of the Universal Declaration of Human Rights, namely, that the indivisibility and interdependence of civil and political rights and economic, social and cultural rights are fundamental tenets of international human rights law. This point of view has been repeatedly reaffirmed, most recently at the World Conference on Human Rights in 1993.(2)

Economic, social and cultural rights are fully recognized by the international community and throughout international human rights law. Although these rights have received less attention than civil and political rights, far more serious consideration than ever before is currently being devoted to them. The question is not whether these rights are basic human rights, but rather what entitlements they imply and the legal nature of the obligations of States to realize them.

Economic, social and cultural rights are designed to ensure the protection of people as full persons, based on a perspective in which people can enjoy rights, freedoms and social justice simultaneously. In a world where, according to the United Nations Development Programme (UNDP), a fifth of the developing world's population goes hungry every night, a quarter lacks access to even a basic necessity like safe drinking-water, and a third lives in a state of abject poverty-at such a margin of human existence that words simply fail to describe it(3) the importance of renewed attention and commitment to the full realization of economic, social and cultural rights is self-evident.

Despite significant progress since the establishment of the United Nations in addressing problems of human deprivation, well over one billion people live in circumstances of extreme poverty, homelessness, hunger and malnutrition, unemployment, illiteracy and chronic ill health. More than 1.5 billion people lack access to clean drinking-water and sanitation, some 500 million children don't have access to even primary education; and more than one billion adults cannot read and write. This massive scale of marginalization, in spite of continued global economic growth and development, raises serious questions, not only of development, but also of basic human rights.

Of all global human rights standards, the International Covenant on Economic, Social and Cultural Rights provides the most important international legal framework for protecting these basic human rights.

3.       International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (see annex I) was adopted and opened for signature, ratification and accession by General Assembly resolution 2200 A (XXI) of 16 December 1966, following almost 20 years of drafting debates. It finally gained the force of law a decade later, entering into force on 3 January 1976.

The Covenant contains some of the most significant international legal provisions establishing economic, social and cultural rights, including rights relating to work in just and favourable conditions, to social protection, to an adequate standard of living, to the highest attainable standards of physical and mental health, to education and to enjoyment of the benefits of cultural freedom and scientific progress.

As at 12 April 1996, 133 States had ratified the Covenant (see annex II) thereby voluntarily undertaking to implement its norms and provisions.

Compliance by States parties with their obligations under the Covenant and the level of implementation of the rights and duties in question is monitored by the Committee on Economic, Social and Cultural Rights.

The Committee works on the basis of many sources of information, including reports submitted by States parties and information from United Nations specialized agencies-International Labour Organisation, United Nations Educational, Scientific and Cultural Organisation, World Health Organization, Food and Agriculture Organization of the United Nations-from the Office of the United Nations High Commissioner for Refugees, and from the United Nations Centre for Human Settlements (Habitat) and others. It also receives information from non-governmental and community-based organizations working in States which have ratified the Covenant, from international human rights and other non-governmental organizations, from other United Nations treaty bodies, and from generally available literature.

4.       Substantive provisions of the International Covenant on Economic, Social and Cultural Rights

Self-determination

Article 1

1.All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2.All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3.       The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

Article 1of the Covenant is worded in precisely the same terminology as article 1of its sister text, the International Covenant on Civil and Political Rights. The self-determination provisions in common article 1are particularly important because the realization of this right is a fundamental prerequisite for the effective guarantee and observance of individual human rights and is pivotal in securing and strengthening human rights protection measures.

The right to self-determination is a cornerstone of the international legal system, and has been a premier concern of the international community since the creation of the United Nations in 1945, particularly in regard to issues such as independence, non-interference and democracy. This right has both external and internal dimensions and has been the subject of some controversy in recent years, as it is increasingly asserted by groups within countries, as distinct from ex-colonies and occupied countries.

As far as the rights contained in the Covenant are concerned, the right of peoples freely to pursue their economic, social and cultural development includes freedom to carry on economic, social and cultural activities.

Obligations of States parties

Article 2

1.       Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means , including particularly the adoption of legislative measures.

2.       The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin property, birth or other status.

3.       Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

Article 2 is one of the most important articles of the Covenant because it outlines the nature of States parties' legal obligations under the Covenant and determines how they must approach the implementation of the substantive rights contained in articles 6 to 15.

Any analysis of obligations relating to economic, social and cultural rights cannot be isolated from the obligations inherent in securing the individual entitlements of the beneficiaries of the right(s) in question. Most frequently, obligations are divided into layers reflecting duties to (a) respect, (b) protect, (c) promote, and (d) fulfil each of the rights contained in the Covenant. Each of these legal responsibilities can take on more specific obligations of conduct (e.g. action or inaction) and obligations of result (e.g. ends).

undertakes to take steps . . . by all appropriate means, including particularly the adoption of legislative measures

This provision from article 2, paragraph 1, requires all States parties to begin immediately to take measures towards the full enjoyment by everyone of all the rights in the Covenant. The adoption of legislation will, in many cases, be indispensable if economic, social and cultural rights are to be made real, but laws alone are not a sufficient response at the national level. Administrative, judicial, policy, economic, social and educational measures and many other steps will be required by Governments in order to ensure these rights to all.

Under article 2, paragraph 1, States parties are legally obliged to undertake legislative action in some instances, particularly when existing laws are clearly incompatible with the obligations assumed under the Covenant. This would be the case when, for instance, a law in a given country was patently discriminatory or had the express effect of preventing the enjoyment of any of the rights in the Covenant, or when legislation allowed the violation of rights, especially in terms of negative duties of States. Laws allowing Governments forcibly to remove people from their homes, evicting them without due process of law, would have to be amended in order to bring domestic legislation into conformity with the Covenant.

to [achieve] progressively the full realization of the rights

The progressive obligation component of the Covenant is often mistakenly taken to imply that only once a State reaches a certain level of economic development must the rights established under the Covenant be realized. This is not the intent of this clause. Rather, the duty in question obliges all States parties, notwithstanding their level of national wealth, to move immediately and as quickly as possible towards the realization of economic, social and cultural rights. This clause should never be interpreted as allowing States to defer indefinitely efforts to ensure the enjoyment of the rights laid down in the Covenant.

Whereas certain rights, by their nature, may be more apt to be implemented in terms of the progressive obligation rule, many obligations under the Covenant are clearly required to be implemented immediately. This would apply especially to non-discrimination provisions and to the obligation of States parties to refrain from actively violating economic, social and cultural rights or withdrawing legal and other protection relating to those rights.

The Committee on Economic, Social and Cultural Rights has asserted that this duty exists independently of an increase in available resources and thus recognizes that all existing resources must be devoted in the most effective way possible to the realization of the rights enshrined in the Covenant.

to the maximum of its available resources

Like the progressive realization provision, this standard is also used to justify the non-enjoyment of rights. However, as recognized in the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights,(4) this requirement obliges States parties to ensure minimum subsistence rights for everyone, regardless of the level of economic development in a given country.

The term available resources applies both to domestic resources and to any international economic or technical assistance or cooperation available to a State party. In the use of available resources, due priority should be given to the realization of rights recognized in the Covenant, considering the need to assure to everyone the satisfaction of subsistence requirements, as well as the provision of essential services.

without discrimination

Article 2, paragraph 2, requires States parties to ensure the provision of judicial review and other recourse procedures should discrimination occur. Importantly, the grounds of discrimination mentioned in this provision are not exhaustive and thus certain other forms of unfair discrimination negatively affecting the enjoyment of the rights enunciated in the Covenant (for instance, on the basis of sexual orientation) must be prevented.

According to the Limburg Principles, special measures taken for the sole purpose of securing adequate advancement of certain groups or individuals requiring protection in order to ensure their equal enjoyment of economic, social and cultural rights are not considered discrimination, provided that such measures do not lead to the maintenance of separate rights for different groups and are not continued after their objectives have been achieved. This applies, for example, to affirmative-action program.

This provision not only obliges Governments to desist from discriminatory behaviour and to alter laws and practices which allow discrimination, it also applies to the duty of States parties to prohibit private persons and bodies (third parties) from practising discrimination in any field of public life.

Equal rights for men and women

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Women often suffer substantial and disproportionate difficulties in securing human rights, including economic, social and cultural rights. Article 3 guarantees that men and women possess precisely the same legal entitlement to the rights set forth in the Covenant and that, if necessary, special measures will be employed by States parties to ensure that this position of equality is attained.

The Covenant provides a framework for instigating progressive and immediate measures such that women may enjoy on an equal footing rights which have often been denied them. For instance, the housing rights provisions in article 11, paragraph 1, of the Covenant must apply to men and women equally, and thus women must be accorded equal rights to housing inheritance-something which is still not the case in many countries. Together, article 3 and article 2, paragraph 2, thus provide significant legal protection against all forms of discrimination in the pursuit of economic, social and cultural rights.

Limitations

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5

1.       Nothing, in the present Covenant may be interpreted as implying for any State group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant.

2.       No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

Articles 4 and 5 were not intended by the drafters of the Covenant to be overly permissive of the imposition of limitations by the state on the rights provided for. Rather, these provisions are formulated in such a manner as to be protective of the rights of individuals. They are also not designed to introduce limitations on rights affecting the subsistence or survival of the individual or the integrity of the person.

If a State party finds it necessary to invoke the provisions of these articles, it may do so only if this is provided for by law and only if the measures in question are consistent with the Covenant. Such measures cannot be applied in an arbitrary, unreasonable or discriminatory way. Moreover, individuals should have legal safeguards and effective remedies against illegal or abusive imposition of limitations on economic, social and cultural rights.

The term democratic society (art. 4) further restricts the imposition of limitations under the Covenant and thus the burden rests on the State to prove that any limitations do not impair the democratic functioning of society.

None of the provisions in the law relating to any limitation may be interpreted in such a way as to nullify any of the rights or freedoms recognized in the Covenant. The main purpose of article 5, paragraph 2, is to ensure that no provision of the Covenant is interpreted so as to prejudice provisions of domestic law or any other legal instrument already in force, or which may come into force, under which more favourable treatment would be accorded to persons protected.

The right to work

Article 6

1.       The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2.       The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding, fundamental political and economic freedoms to the individual.

Freely chosen work remains an essential part of being human. For many people, whether employed in the formal or informal sectors, work represents the primary source of income on which subsistence, survival and life depend. The right to work is fundamental to the enjoyment of certain subsistence and livelihood rights such as food, clothing, housing, etc. Moreover, one's working status may easily affect the enjoyment of other rights relating to health and education. The right to work is increasingly important as Governments the world over continue to withdraw from the provision of basic services, leaving these to market forces and non-governmental actors.

The right to work is fundamental to ensuring the dignity and self-respect of the beneficiaries of the rights contained in the Covenant. Article 6 obliges States parties to refrain from instigating or allowing forced labour. The Committee on Economic, Social and Cultural Rights has examined this article in terms of the implementation of policies and measures aimed at securing work for all who are available to work. This right encompasses, therefore, both the right to enter into employment and the right not to be unjustly deprived of work. Although unemployment persists in all States parties, these States must apply the basic principles set out in article 2 for ensuring the full realization of the right to work.

The right to just and favourable conditions of work

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a)      Remuneration which provides all workers, as a minimum, with:

(b)      Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b)      Safe and healthy working, conditions;

c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Article 7 establishes a right to a minimum remuneration for employment, stipulating fair wages sufficient to guarantee a decent living, as well as working conditions that are just and favourable. Wages must be equitable and just in order to be considered fair.

This article relates closely to a large number of conventions adopted by the International Labour Organisation, including the Minimum Wage Fixing Convention (No. 131, 1970) and the Equal Remuneration Convention (No. 100, 1951).

People must be afforded minimum conditions of occupational health and safety, and States parties are responsible for adopting policies and laws to that end. A coherent national policy in this regard is incumbent on all States parties.

The standards laid down in article 7 also relate to the duties of States parties to reduce the working week in a progressive manner and to ensure that workers enjoy adequate rest and holidays. For all aspects of this article, States parties must establish a baseline or minimum standard below which the working conditions of no worker should be allowed to fall; they must also develop enforcement measures guaranteeing these rights.

The right to form and join trade unions

Article 8

1.       The States Parties to the present Covenant undertake to ensure:

(a)      The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b)      The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c)      The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(d)      The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2.       This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.

3.       Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

The right to form and join trade unions is closely linked to the right to freedom of association, which is widely recognized throughout international human rights law. These rights, combined with the right to strike, are fundamental if the rights of workers and other citizens under the Covenant are to be implemented.

Article 8 provides for a right not to be compelled to join a particular trade union, in accordance with the term of his choice (para. 1(a)). It also includes the right to federate or confederate, which should not be subject to state control. The right to collective bargaining, the right to protection from dissolution or suspension and the right to strike are also protected.

States parties are allowed some measure of discretion concerning the implementation of article 8, as evidenced by the language concerning limitations in the interests of national security, public order and the rights and freedoms of others. These grounds for exemption, however, must be interpreted narrowly by States parties seeking to invoke them.

With regard to national security concerns, for instance, the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights(5) stress that the systematic violation of economic, social and cultural rights undermines true national security and may jeopardize international peace and security. A State responsible for such violation shall not invoke national security as a justification for measures aimed at suppressing opposition to such violation or at perpetrating repressive practices against its population. (Principle 65.)

The right to social security and social insurance

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

A large number of States do not maintain adequate social security or social insurance provisions under domestic laws protecting people in circumstances such as old age, disability, ill health or other situations not allowing them to earn a decent living. At the same time, many countries which do provide such protection are beginning to transfer responsibility for these matters from the state to the private sector. These issues raise serious concerns regarding enjoyment of the rights contained in the Covenant.

The Committee on Economic, Social and Cultural Rights specifically asks States parties whether they maintain social security schemes in the following areas: medical care, cash sickness benefits, maternity benefits, old-age benefits, invalidity benefits, survivors' benefits, employment injury benefits, unemployment benefits and family benefits.

The Committee has devoted particular attention to enjoyment of the rights provided for in article 9 by women, older persons (General Comment No. 6 (1995)),(6) and persons with disabilities (General Comment No. 5 (1994)).(7)

Protection and assistance for the family

Article 10

The States Parties to the present Covenant recognize that:

1.       The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2.       Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

3.       Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Article 10 provides protection for the family, mothers and children. It includes the right to enter freely into marriage, raising doubts as to the situation in countries where marriage occurs without the free and informed consent of one or another spouse, almost invariably the woman. Mothers are to be accorded substantial protection before and after childbirth. The Committee on Economic, Social and Cultural Rights regularly requests information from States parties as to whether any particular groups of women lack such protection.

The Committee has not spent a great deal of time examining situations relating to family rights, but has devoted increased attention to the rights of the child as they are established under article 10, paragraph 3. It has paid particular attention to child labour and the living conditions of children. The most intensive work within the United Nations system on children's rights is carried out by the Committee on the Rights of the Child, with which the Committee on Economic, Social and Cultural Rights works closely.

The right to an adequate standard of living

Article 11

1.       The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing- and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.

2.       The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international cooperation, the measures, including specific programmes, which are needed:

(a)      To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b)      Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Article 11 incorporates a broad range of concerns relating to the lives and livelihoods of residents of States parties, in particular food, clothing and housing. The Committee on Economic, Social and Cultural Rights has devoted extensive attention to this article, particularly as it relates to the human right to adequate housing. To date, the right to adequate housing is the only right in the Covenant which has had an entire general comment devoted to it (General Comment No. 4 (1991)).(8)

General Comment No. 4 reveals the extensive nature of the protection included under article 11 and elaborates legal interpretations of the right to adequate housing which go far beyond restricted visions of this right as simply a right to shelter. In it, the Committee, which has given more attention to the right to housing than to any other right under the Covenant, states:

. . . the right to housing, should not be interpreted in a narrower restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one's head . . . Rather it should be seen as the right to live somewhere in security, peace and dignity . . . . (Para. 7.)

The Committee has defined the term adequate housing to comprise security of tenure, availability of services, affordability, habitability, accessibility, location and cultural adequacy.

Article 11 does not imply a stagnant state of affairs, but also includes a right to the continuous improvement of living conditions (para. 1) and the possibilities associated with international cooperation in the event of States parties being unable to guarantee the rights in question. This is particularly relevant in times of food crises or famine.

The Committee has decided on several occasions that certain States parties had violated provisions of article 11, particularly as a result of the practice of forced evictions. This is indicative of the seriousness which the Committee accords article 11.

The right to the highest attainable standard of physical and mental health

Article 12

1.       The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2.       The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a)      The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b)      The improvement of all aspects of environmental and industrial hygiene;

(c)      The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d)      The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Recognition of the right to health obviously does not mean that beneficiaries of this right have a right to be healthy. Rather, the Covenant stresses the obligation of States parties to ensure for their citizens the highest attainable standard of . . . health.

Article 12 therefore places emphasis on equal access to health care and minimum guarantees of health care in the event of sickness.

The Committee on Economic, Social and Cultural Rights has spent increasing energy on clarifying and monitoring health rights, having held a general discussion on the topic and adopted a general comment on the rights of persons with disabilities (General Comment No. 5 (1994)). The rights of people with HIV/AIDS have also received increasing attention from the Committee in recent years.

The right to education

Article 13

1.       The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2.       The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a)      Primary education shall be compulsory and available free to all;

(b)      Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c)      Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d)      Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e)      The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3.       The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4.       No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph 1of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Articles 13 and 14 recognize that education is a fundamental precondition for the enjoyment and assertion of human rights and that education strengthens human rights and basic democratic principles. The international community has long recognized these basic truths and has proclaimed the decade 1995-2004 the United Nations Decade for Human Rights Education.(9) The Committee on Economic, Social and Cultural Rights held a general discussion on this topic in 1994.

These two articles guarantee all children a right to free and compulsory primary education, wherever they may live. They also enshrine the right to equal access to education and equal enjoyment of education facilities; the freedom to choose education and to establish educational institutions; the protection of pupils against inhuman disciplinary measures; and academic freedom.

The right to culture and to benefit from scientific progress

Article 15

1.       The States Parties to the present Covenant recognize the right of everyone:

(a)      To take part in cultural life;

(b)      To enjoy the benefits of scientific progress and its applications;

(c)      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.

2.       The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3.       The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4.       The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and cooperation in the scientific and cultural fields.

The rights to enjoy culture, to participate in cultural life and to benefit from technological and scientific progress form the foundation of article 15. Although these issues may not seem to be matters of human rights, they are of fundamental importance to the principles of equality of treatment, freedom of expression, the right to receive and impart information, and the right to the full development of the human personality.

Cultural attributes can often be attacked or derided by States in attempts to favour one national, racial or ethnic group over another, to cite but one example of how important the rights in question are. Moreover, these rights include the right to participate in the life of society, giving a wide reading to the term culture.

The right to benefit from scientific progress and its applications is designed to ensure that everyone in society can enjoy advances in this regard, in particular disadvantaged groups. It includes the right of everyone to seek and receive information about such advances resulting from new scientific insights and to have access to any developments which could enhance their enjoyment of the rights contained in the Covenant.

5. Applicability of the Covenant within domestic law

... There must be a concerted effort to ensure recognition of economic, social and cultural rights at the national, regional and international levels.

VIENNA DECLARATION AND PROGRAMME OF ACTION(10)

(Part II, para. 98)

Although the Committee on Economic, Social and Cultural Rights can assist in the implementation of the Covenant from an international perspective, the ultimate effectiveness of this instrument is contingent on the measures taken by Governments to give actual effect to their international legal obligations. In this regard, the Committee has recognized the essential importance of the adoption by States of appropriate legislative measures and the provision of judicial remedies, indicating the very real legal nature of economic, social and cultural rights.(11)

The necessity of implementing the provisions of the Covenant through domestic legislation is consistent with article 27 of the 1969 Vienna Convention on the Law of Treaties, which states that a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. Indeed, the Covenant often requires legislative action to be taken in cases where existing legislation is in violation of the obligations assumed under the Covenant.

The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights(12) emphasize that States parties shall provide for effective remedies, including, where appropriate, judicial remedies (principle 19). Because there does not yet exist an individual complaints procedure under the Covenant, the full implementation of the rights which this instrument contains is all the more dependent on the provision of appropriate laws and remedies at the national level.

At minimum, the national and local judiciaries of States parties must consider international human rights laws such as the Covenant an interpretative aid to domestic law and ensure that domestic law is interpreted and applied in a manner consistent with the provisions of international human rights instruments ratified by the State. From the perspective of international law, the underlying principle is that courts should avoid placing their Government in violation of the terms of an international treaty which it has ratified.(13)

Regarding the justiciability of the rights contained in the Covenant-i.e. the possibility of their being subjected to judicial review-the Committee has stated in its General Comment No. 3 (1990):(14)

Among, the measures which might be considered appropriate, in addition to legislation, is the provision of judicial remedies with respect to rights which may, in accordance with the national legal system, be considered justiciable . . . (Para. 5.)

In this regard, the Committee has indicated that a number of articles in the Covenant are capable of immediate implementation, including article 3, article 7, subparagraph (a) (i), article 8, article 10, paragraph 3, article 13, paragraphs 2 (a), 3 and 4, and article 15, paragraph 3. It has also stressed, with respect to the right to adequate housing, for example, that instances of forced eviction are prima facie incompatible with the requirements of the Covenant and can only be justified in the most exceptional circumstances, and in accordance with the relevant principles of international law.(15) In order to put such obligations into effect domestically, national courts would obviously have an important role to play in ensuring respect for the rights in question.

6.       Monitoring the implementation of the Covenant: the Committee on Economic, Social and Cultural Rights

Creation and composition of the Committee

Unlike the five other human rights treaty bodies, the Committee on Economic, Social and Cultural Rights was not established by its corresponding instrument. Rather, the Economic and Social Council (ECOSOC) created the Committee, following the less than ideal performance of two previous bodies entrusted with monitoring the Covenant.

The Committee was established in 1985, met for the first time in 1987 and has to date held 14 sessions. Meeting initially on an annual basis, the Committee currently convenes twice a year, holding two three-week sessions, generally in May and November/December. It holds all its meetings at the United Nations Office at Geneva.

The Committee is comprised of 18 members who are experts with recognized competence in the field of human rights. Members of the Committee are independent and serve in their personal capacity, not as representatives of Governments. At present, the Committee is made up of 13 men and five women. The Committee itself selects its chairperson, three vice-chairpersons and rapporteur.

Members of the Committee are elected by ECOSOC for four year terms, and are eligible for re-election if renominated. The Committee is thus a subsidiary organ of ECOSOC and derives its formal authority from that body. Elections take place in a secret ballot from a list of nominees proposed by States parties to the Covenant. States which have not ratified the Covenant cannot, therefore, nominate their own nationals for positions on the Committee. The principles of equitable geographical distribution and the representation of different social and legal systems guide the selection process. The Committee is serviced by the United Nations Centre for Human Rights.

What does the Committee do?

The primary function of the Committee is to monitor the implementation of the Covenant by States parties. It strives to develop a constructive dialogue with States parties and seeks to determine through a variety of means whether or not the norms contained in the Covenant are being adequately applied in States parties and how the implementation and enforcement of the Covenant could be improved so that all people who are entitled to the rights enshrined in the Covenant can actually enjoy them in full.

Drawing on the legal and practical expertise of its members, the Committee can also assist Governments in fulfilling their obligations under the Covenant by issuing specific legislative, policy and other suggestions and recommendations such that economic, social and cultural rights are more effectively secured.

How do States parties report to the Committee?

Under articles 16 and 17 of the Covenant, States parties undertake to submit periodic reports to the Committee-within two years of the entry into force of the Covenant for a particular State party, and thereafter once every five years-outlining the legislative, judicial, policy and other measures which they have taken to ensure the enjoyment of the rights contained in the Covenant. States parties are also requested to provide detailed data on the degree to which the rights are implemented and areas where particular difficulties have been faced in this respect.

The Committee has assisted the reporting process by providing States parties with a detailed 22-page set of reporting guidelines specifying the types of information the Committee requires in order to monitor compliance with the Covenant effectively.

The reporting requirement is much more than simply a formalistic commitment. Although the reporting process is imbued with a number of difficulties, not the least of which are the non-submission of reports by a large number of States parties and problems relating to resource constraints of States, this mechanism has a number of important functions. Among these are the initial review function, the monitoring function, the policy formulation function, the public scrutiny function, the evaluation function, the function of acknowledging problems and the information-exchange function.(16)

The Committee has emphasized that reporting obligations under the Covenant fulfil seven key objectives. In its General Comment No. 1 (1989), the Committee stated these objectives as follows:

1.       to ensure that a State party undertakes a comprehensive review of national legislation, administrative rules and procedures, and practices in order to assure the fullest possible conformity with the Covenant;

2.       to ensure that the State party regularly monitors the actual situation with respect to each of the enumerated rights in order to assess the extent to which the various rights are being enjoyed by all individuals within the country;

3.       to provide a basis for government elaboration of clearly stated and carefully targeted policies for implementing the Covenant;

4.       to facilitate public scrutiny of government policies with respect to the Covenant's implementation, and to encourage the involvement of the various sectors of society in the formulation, implementation and review of relevant policies;

5.       to provide a basis on which both the State party and the Committee can effectively evaluate progress towards the realization of the obligations contained in the Covenant;

6.       to enable the State party to develop a better understanding of problems and shortcomings impeding the realization of economic, social and cultural rights;

7.       to facilitate the exchange of information among States parties and to help develop a fuller appreciation of both common problems and possible solutions in the realization of each of the rights contained in the Covenant.(17)

The Committee typically considers some five or six reports of States parties during any given session. If a State party which has submitted a report that is scheduled for the Committee's consideration at a given session seeks to defer the presentation of the report at the last minute, the Committee does not grant such a request, and proceeds with its consideration, even in the absence of a State party representative.

The Committee has also had to grapple with problems relating to the non-submission of reports and reports which are considerably overdue. In response to such situations, the Committee has notified States parties whose reports are long overdue of its intention to consider these reports at specified future sessions. If no report is forthcoming, the Committee then proceeds to consider the status of economic, social and cultural rights in the States concerned in the light of all available information.

Submission of reports and the pre-sessional working group

When States parties submit their reports, a standard procedure of consideration is followed by the Committee. Once received, processed and translated by the Secretariat, States parties' reports are initially reviewed by the Committee's five-person pre-sessional working group, which meets six months prior to a report being considered by the full Committee. The pre-sessional working group gives a preliminary consideration to the report, appoints one member to give particular consideration to each report, and develops written lists of questions based on disparities found in the reports which are submitted to the States parties concerned. The States parties are then required to reply in writing to these questions prior to their appearance before the Committee.

Presentation of reports

Representatives of reporting States are strongly encouraged to be present at meetings when the Committee considers their reports. Such delegations are virtually always present during this process, which is generally carried out over a two-day period. Delegations first provide introductory comments and responses to the pre-sessional working group's written questions. This is followed by the provision of information by the United Nations specialized agencies relevant to the report under consideration. Committee members then put questions and observations to the State party appearing before it. A further period of time is then allowed for representatives of States parties to respond, generally not on the same day, to the questions and views put to them, as precisely as possible. If the questions cannot be adequately dealt with, the Committee often requests a State party to provide it with additional information for its consideration at forthcoming sessions.

Concluding observations: the Committee decides

Upon completion by the Committee of its analysis of reports and the appearance by States parties, the Committee concludes its consideration of States parties' reports by issuing concluding observations, which constitute the decision of the Committee regarding the status of the Covenant in a given State party. Concluding observations are divided into five sections: (a) introduction; (b) positive aspects; (c) factors and difficulties impeding the implementation of the Covenant; (d) principal subjects of concern; (e) suggestions and recommendations. Concluding observations are adopted in private session, and are released to the public on the final day of each session.

On a number of occasions, the Committee has concluded that violations of the Covenant had taken place, and subsequently urged States parties to desist from any further infringements of the rights in question.

All human rights are subject to violation, and economic, social and cultural rights are no exception. The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights(18) list the following circumstances amounting to violations of the Covenant by a State party (principle 72): (a) it fails to take a step which the Covenant requires it to take; (b) it fails to remove promptly obstacles which it is obligated to remove to permit the immediate fulfilment of a right; (c) it fails to implement without delay a right which the Covenant requires it to provide immediately; (d) it wilfully fails to meet a generally accepted international minimum standard of achievement, which is within its powers to meet; (e) it applies a limitation to a right recognized in the Covenant in a manner not in accordance with the Covenant; (f) it deliberately retards or halts the progressive realization of a right, unless it is acting within a limitation permitted by the Covenant or it does so because of a lack of available resources; (g) it fails to submit reports as required under the Covenant.

While the Committee's concluding observations, in particular suggestions and recommendations, may not carry legally binding status, they are indicative of the opinion of the only expert body entrusted with and capable of making such pronouncements. Consequently, for States parties to ignore or not act on such views would be to show bad faith in implementing their Covenant-based obligations. In a number of instances, changes in policy, practice and law have been registered at least partly in response to the Committee's concluding observations.

In addition to concluding observations, letters from the chairperson are occasionally addressed to States parties informing them of the Committee's concerns.

The Committee also adopts draft decisions for eventual adoption by ECOSOC, when such approval is required. This is generally the case when the Committee requests a State party to issue it with an invitation to visit the country and provide the Government with technical and other assistance which it may require in order to implement more fully and enforce the norms of the Covenant. The Committee has to date twice requested invitations to visit the territories of States parties (Dominican Republic and Panama). Only in one of these instances (Panama), however, did the State issue the requisite invitation, and a mission took place in April 1995.

Generating interpretative clarity

(a) General comments

The Committee decided in 1988 to begin preparing general comments on the rights and provisions contained in the Covenant with a view to assisting States parties in fulfilling their reporting obligations and to provide greater interpretative clarity as to the intent, meaning and content of the Covenant. The Committee further views the adoption of general comments as a means of promoting the implementation of the Covenant, by drawing the attention of States parties to insufficiencies disclosed by a large number of States parties' reports, and by inducing renewed attention to particular provisions of the Covenant on the part of States parties, United Nations agencies and others with a view to achieving progressively the full realization of the rights established under the Covenant.

General comments are a crucial means of generating jurisprudence, providing a method by which members of the Committee may come to an agreement by consensus regarding the interpretation of norms embodied in the Covenant.

As of April 1996, the Committee has adopted six general comments. These are:

-General Comment No. 1 (1989) on reporting by States parties;

-General Comment No. 2 (1990) on international technical assistance measures (art. 22);

-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.

It is likely that the Committee will consider the adoption of additional general comments in the near future on issues such as the right to health; the domestic application of the Covenant; forced evictions and the Covenant; the non-discrimination clauses of the Covenant (art. 2, para. 2); the right to food; and others.

(b) General discussions

At each of its sessions, the Committee holds a day of general discussion on particular provisions of the Covenant, particular human rights or other themes of direct relevance to the Committee in order to develop its understanding of the issues concerned. The Committee has sought to draw on a wide range of expertise during these discussions and has, therefore, engaged in dialogue with United Nations special rapporteurs, experts from relevant non-governmental organizations and representatives of United Nations specialized agencies.

General discussions to date have been held on the right to food (1989); the right to housing (1990); economic and social indicators (1991); the right to take part in cultural life (1992); the rights of the ageing and elderly (1993); the right to health (1993); the role of social safety nets as a means of protecting economic, social and cultural rights, with particular reference to situations involving major structural adjustment and/or transition to a free market economy (1994); human rights education (1994); the interpretation and practical application of the obligations incumbent on States parties (1995); and a draft optional protocol to the Covenant (1995).

7.       Civil society and the work of the Committee

The World Conference on Human Rights affirms that extreme poverty and social exclusion constitute a violation of human dignity and that urgent steps are necessary to achieve better knowledge of extreme poverty and its causes, including those related to the problem of development, in order to promote the human rights of the poorest, and to put an end to extreme poverty and social exclusion and to promote the enjoyment of the fruits of social progress. It is essential for States to foster participation by the poorest people in the decision-making process b) the community in which they live, the promotion of human rights and efforts to combat extreme poverty.

VIENNA DECLARATION AND PROGRAMME OF ACTION(19)

(Part 1, para. 25)

The Committee has long recognized the important contribution which can be made by civil society in the provision of information concerning the status of the Covenant within States parties. The Committee was the first treaty body to provide non-governmental organizations (NGOs) with the opportunity to submit written statements and make oral submissions dealing with issues relating to the enjoyment or non-enjoyment of the rights contained in the Covenant in specific countries.

On the first day of each session of the Committee, the afternoon meeting is set aside to give international and national NGOs and community-based organizations (CBOs) an opportunity to express their views about how the Covenant is or is not implemented by States parties. The Committee will receive oral testimony from NGOs as long as the information focuses specifically on the provisions of the Covenant, is of direct relevance to matters under consideration by the Committee, is reliable and is not abusive. In recent years, NGOs and CBOs have taken increased advantage of this procedure and provided the Committee with written, audio and video materials alleging the non-enjoyment of economic, social and cultural rights in States parties.

The Committee has indicated that the purposes of the NGO procedure are to enable it to inform itself as fully as possible, to examine the accuracy and pertinence of information which would most probably be available to it anyway, and to put the process of receiving NGO information on a more transparent basis.

NGOs and CBOs wishing to provide reliable and new information to the Committee may write to the secretariat of the Committee several months prior to the beginning of a particular session, with a specific request to intervene during the NGO procedure. Groups with written materials may also send these to the secretariat, and may attend Committee sessions. NGOs in consultative status with the United Nations or other groups which have relations with such NGOs also may attend Committee sessions. NGOs with consultative status may, in accordance with the relevant ECOSOC resolutions, submit written submissions to the Committee at any time. Committee sessions are generally held in public, with the exception of meetings at which it prepares its concluding observations, which are held privately.

The active participation of NGOs in the work of the Committee has also proven fundamental in ensuring the wide distribution of information about the Covenant and the Committee at the national and local levels. In many instances, these organizations have generated substantial media attention in their countries following the adoption of concluding observations regarding the States in question.

8. Towards a formal complaints procedure (optional protocol)

At present it is not possible for individuals or groups who feel that their rights under the Covenant have been violated to submit formal complaints to the Committee. The absence of such procedure places significant constraints on the ability of the Committee to develop jurisprudence or case-law and, of course, greatly limits the chances of victims of abuses of the Covenant obtaining international redress.

There are numerous arguments supporting the adoption of a complaints procedure under the Covenant. These include the improved enjoyment by people of economic, social and cultural rights; a strengthening of international accountability of States parties; increased congruence in the legal standing and seriousness accorded to both International Covenants; a refinement of the rights and duties emerging from the provisions of the International Covenant on Economic, Social and Cultural Rights; and a structural and concrete affirmation of the indivisibility and interdependence of all human rights. It is also argued that such a procedure would encourage States parties to provide similar remedies at the local and national levels.

The Committee has devoted increasing attention to the possibility of elaborating such an optional protocol since 1990 and has discussed the issue at length on several occasions. (20) At its sixth session, in 1991, the Committee supported the drafting of an optional protocol since that would enhance the practical implementation of the Covenant as well as the dialogue with States parties and would make it possible to focus the attention of public opinion to a greater extent on economic, social and cultural rights.(21)

The World Conference on Human Rights, held at Vienna in June 1993, gave added impetus to this initiative by asserting, in the Vienna Declaration and Programme of Action which it adopted, that the Committee should continue its efforts towards this end. The Committee has prepared a draft optional protocol, but it has yet to be officially adopted by the relevant United Nations organs.

Many other initiatives have also addressed the desirability of including a complaints procedure under the International Covenant on economic, Social and Cultural Rights, and these have given added support to this means of strengthening this pivotal human rights treaty.(22)

Pending the addition of an optional protocol, beneficiaries of the rights contained in the Covenant may still have recourse to the general procedures of the Committee, and may utilize what has been called an unofficial petition procedure based on the modalities of the Committee.(23)

[Updated information on the Optional Protocol]

ANNEX III

NGO participation in the activities of the Committee on Economic, Social and Cultural Rights

At its eighth session, in May 1993, the Committee adopted the following procedure regarding the participation of non-governmental organizations in its activities: a

A. Written information

1.       The Committee reiterates its long-standing invitation to NGOs to submit to it in writing, at any time, information regarding any aspect of its work.

B. Oral information

2.       In addition to the receipt of written information, a short period of time will be made available at the beginning of each session of the pre-sessional working group to provide NGOs with an opportunity to submit relevant oral information to the members of the working group.

3.       Furthermore, the Committee will set aside part of the first afternoon at each of its sessions to enable it to receive oral information provided by NGOs. 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, will be open and will be provided with interpretation services, but will not be covered by summary records. The purposes are: to enable the Committee to inform itself as fully as possible; to probe the accuracy and pertinence of information which would most probably be available to it anyway; and to put the process of receiving NGO information on a more transparent and open basis than is permitted by the current approach.

4.       NGOs wishing to present oral information should inform the Committee in advance. In cases in which the Committee receives more expressions of interest than can be dealt with in the limited time available, the Chairperson of the Committee, in consultation with the Bureau, shall determine on an objective basis which NGOs will be invited to make an oral presentation.

5.       To the extent that information provided to the Committee in writinc, under these procedures is referred to by any member of the Committee in questions posed to the State party, the relevant information should be available for consultation by the Government concerned and all other interested parties.

6.       The Committee requests its Chairperson, in conjunction with the secretriat, to make these procedures as widely known as possible.

The Committee agreed that this procedure would be reflected accordingly and in these terms in its rules of procedure.

a/ E/1994/23, para. 354.

Notes:

1.       For the texts, see Human Rights: A Compilation of International Instruments, vol. 1 (2 parts), Universal Instruments (United Nations publication, Sales No. E.94.XIV. 1). [back to the text]

2.       One of the central reaffirmations of the equal nature of these two sets of rights is found in General Assembly resolution 32/130 of 16 December 1977, which asserts (para. 1): [back to the text]

(a)      All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion and protection of both civil and political, and economic, social and cultural rights;

(b)      The full realization of civil and political rights without the enjoyment of economic, social and cultural rights is impossible; the achievement of lasting progress in the implementation of human rights is dependent upon sound and effective national and international policies of economic and social development, as recognized by the Proclamation of Teheran of 1968; [back to the text]

3.       . . . UNDP, Human Development Report 1994 (Oxford University Press, 1994), p. 2. [back to the text]

4.       Approved by a group of experts in international law meeting, at Maastricht (Netherlands) from 2 to 6 June 1986. See Human Rights Quarterly, vol. 9, No. 2 (May 1987), p. 122. Text reproduced in United Nations document E/CN.4/1987/17, annex. [back to the text]

5.       See footnote 4 above. [back to the text]

6.       E/1996/22, annex IV. [back to the text]

7.       E/1995/22, annex IV. [back to the text]

8.       E/ 1992/23, annex III. [back to the text]

9.       See General Assembly resolution 49/184 of 23 December 1994. [back to the text]

10.     Adopted by the World Conference on Human Rights, Vienna, 25 June 1993 (A/CONF. 157/24 (Part 1), chap. III). [back to the text]

11.     See Craven, The domestic application of the International Covenant on Economic, Social and Cultural Rights, Netherlands International Law Review, vol. XL (1993), p. 367 [back to the text]

12.     See footnote 4 above. [back to the text]

13.     See P. Alston and G. Quinn, The nature and scope of States parties' obligations under the International Covenant on Economic, Social and Cultural Rights, Human Rights Quarterly, vol. 9, No. 2 (May 1987), p. 171. [back to the text]

14.     E 1991/23, annex III. [back to the text]

15.     General Comment No. 4 (1991) (E/1992/23, annex III), para. 18. [back to the text]

16.     P. Alston, The purposes of reporting,, in Manual on Human Rights Reporting (United Nations Centre for Human Rights/United Nations Institute for Training, and Research, 199 1) (Sales No. E.9I.XIV.1), pp. 14-16. [back to the text]

17.     E/ 1989/22, annex III, General Comment No. I (1989), paras. 2-9 [back to the text]

18.     See footnote 4 above. [back to the text]

19.     See footnote 10 above. [back to the text]

20.     See, for example, P. Alston, Establishing a right to petition under the Covenant on Economic, Social and Cultural Rights, Collected Courses of the Academy of European Law: The Protection of Human rights in Europe (Florence, European University Institute), Vol. IV, book 2 (1993), P.115. [back to the text]

21.     E/ 1992/23, para. 362. [back to the text]

22.     See F. Coomans and G. J. H. van Hoof, eds., The Right to Complain about Economic, Social and Cultural Rights: Proceedings (of the Expert Meeting on the Adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Utrecht, 25-28 January 1995) (Utrecht, Netherlands Institute of Human Rights, 1995). [back to the text]

23.     See M. Craven, Towards an unofficial petition procedure: A review of the role of the UN Committee on Economic, Social and Cultural Richts, Social Rights as Human Rights: A European Challenge, K. Drzewicki, C. Krause and A. Rosas, eds. (Abo/Turku (Finland), Abo Akademi University, Institute for Human Rights, 1994), p. 91. [back to the text]

Printed at United Nations, Geneva

July 1991Taken from the United Nations Human Rights Fact Sheet No.22, Discrimination against Women:The Convention and the Committee

The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are priority objectives of the international community.

VIENNA DECLARATION AND PROGRAMME OF ACTION, (part I, para. 18)

adopted by the World Conference on Human Rights, Vienna, 25 June 1993 (A/CONF. 157/24 (Part I), chap. III)

Introduction

Equality is the cornerstone of every democratic society which aspires to social justice and human rights. In virtually all societies and spheres of activity women are subject to inequalities in law and in fact. This situation is both caused and exacerbated by the existence of discrimination in the family, in the community and in the workplace. While causes and consequences may vary from country to country, discrimination against women is widespread. It is perpetuated by the survival of stereotypes and of traditional cultural and religious practices and beliefs detrimental to women.

Recent efforts to document the real situation of women worldwide have produced some alarming statistics on the economic and social gaps between women and men. Women are the majority of the world's poor and the number of women living in rural poverty has increased by 50 per cent since 1975. Women are the majority of the world's illiterate; the number rose from 543 million to 597 million between 1970 and 1985. Women in Asia and Africa work 13 hours a week more than men and are mostly unpaid. Worldwide, women earn 30 to 40 per cent less than men for doing equal work. Women hold between 10 and 20 per cent of managerial and administrative jobs worldwide and less than 20 per cent of jobs in manufacturing. Women make up less than 5 per cent of the world's heads of State. Women's unpaid housework and family labour, if counted as productive output in national accounts, would increase measures of global output by 25 to 30 per cent.(1)

The concept of equality means much more than treating all persons in the same way. Equal treatment of persons in unequal situations will operate to perpetuate rather than eradicate injustice. True equality can only emerge from efforts directed towards addressing and correcting these situational imbalances. It is this broader view of equality which has become the underlying principle and the final goal in the struggle for recognition and acceptance of the human rights of women.

In 1979, the General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women (see annex 1). The Convention sets out, in legally binding form, intemationally accepted principles on the rights of women which are applicable to all women in all fields. The basic legal norm of the Convention is the prohibition of all forms of discrimination against women. This norm cannot be satisfied merely by the enactment of gender- neutral laws. In addition to demanding that women be accorded equal rights with men, the Convention goes further by prescribing the measures to be taken to ensure that women everywhere are able to enjoy the rights to which they are entitled.

The Committee on the Elimination of Discrimination against Women was established under article 17 of the Convention. The Committee is entrusted with the task of overseeing the implementation of the Convention by States parties.

This Fact Sheet is divided into two main parts. Part I sets out and explains the substantive provisions of the Convention. Part II provides an overview of the structure and functioning of the Committee. Some background information on the Convention is provided below.

The United Nations and the human rights of women

Equality of rights for women is a basic principle of the United Nations. The Preamble to the Charter of the United Nations sets as a basic goal to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women. Furthermore, Article 1of the Charter proclaims that one of the purposes of the United Nations is to achieve international cooperation in promoting and encouraging respect for human rights and fundamental freedoms for all people without distinction as to race, sex, language or religion.

The International Bill of Human Rights strengthens and extends this emphasis on the equal rights of women. The International Bill of Human Rights is a term used to refer collectively to three instruments: the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. Taken together, these instruments form the ethical and legal basis for all of the human rights work of the United Nations and provide the foundation upon which the international system for the protection and promotion of human rights has been developed.

One of the first and most significant achievements of the Organization in the field of human rights was the Universal Declaration of Human Rights, which was adopted by the General Assembly in 1948. Based on the equal dignity and rights of every human being the Declaration proclaims the entitlement of everyone to enjoy human rights and fundamental freedoms without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status (art. 2).

Immediately following the adoption of the Universal Declaration, work began on expanding upon the rights and freedoms proclaimed therein and codifying them in binding legal form. From this process emerged the two Covenants mentioned above, which were unanimously adopted by the General Assembly in 1966 and entered into force 10 years later. The Covenants are international legal instruments. When a State becomes a party to either Covenant, it undertakes to guarantee to all individuals in its territory or under its jurisdiction, without any discrimination, all the rights specified by that Covenant, and to provide for effective remedies in cases of violations.

The Covenants clearly state that the rights set forth therein are applicable to all persons without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In addition, States parties specifically undertake to ensure the equal right of men and women to the enjoyment of all rights set forth in each Covenant. The Committee on Economic, Social and Cultural Rights and the Human Rights Committee, set up to monitor the implementation of each of the two Covenants, are therefore competent to deal with issues of gender-based discrimination raised under the provisions of their respective instruments. The Human Rights Committee has been particularly active in the area of discrimination against women.

Despite the fact that there are two Covenants, each guaranteeing a separate set of human rights, the interdependence and indivisibility of all rights is a long-accepted and consistently reaffirmed principle. In practice, this means that respect for civil and political rights cannot be separated from the enjoyment of economic, social and cultural rights, and, on the other hand, that genuine economic and social development requires the political and civil freedoms to participate in this process.

Universality is another important principle which guides the vision of human rights and fundamental freedoms advocated by the United Nations. While historical, cultural and religious differences must be borne in mind, it is the duty of every State, regardless of its political, economic and cultural systems, to promote and protect all human rights, including the human rights of women.

The validity of these principles-interdependence, indivisibility and universality-was most recently affirmed in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993.

Why a separate Convention for women?

The International Bill of Human Rights lays down a comprehensive set of rights to which all persons, including women, are entitled. Why then was it necessary to have a separate legal instrument for women?

Additional means for protecting the human rights of women were seen as necessary because the mere fact of their humanity has not been sufficient to guarantee women the protection of their rights. The preamble to the Convention on the Elimination of All Forms of Discrimination against Women explains that, despite the existence of other instruments, women still do not have equal rights with men. Discrimination against women continues to exist in every society.

The Convention was adopted by the General Assembly in 1979 to reinforce the provisions of existing international instruments designed to combat the continuing discrimination against women. It identifies many specific areas where there has been notorious discrimination against women, for example in regard to political rights, marriage and the family, and employment. In these and other areas the Convention spells out specific goals and measures that are to be taken to facilitate the creation of a global society in which women enjoy full equality with men and thus full realization of their guaranteed human rights.

To combat gender-based discrimination, the Convention requires States parties to recognize the important economic and social contribution of women to the family and to society as a whole. It emphasizes that discrimination will hamper economic growth and prosperity. It also expressly recognizes the need for a change in attitudes, through education of both men and women to accept equality of rights and responsibilit'l;es and to overcome prejudices and practices based on stereotyped roles. Another important feature of the Convention is its explicit recognition of the goal of actual, in addition to legal, equality, and of the need for temporary special measures to achieve that goal.

A short history of the Convention

In November 1967, the General Assembly adopted the Declaration on the Elimination of Discrimination against Women. In 1972, the Secretary-General of the United Nations asked the Commission on the Status of Women(2) to request the views of Member States regarding the form and content of a possible international instrument on the human rights of women. The following year, a working group was appointed by the Economic and Social Council to consider the elaboration of such a convention. In 1974, the Commission on the Status of Women began drafting a convention on the elimination of discrimination against women. The work of the Commission was encouraged by the results of the World Conference of the International Women's Year, which was held in 1975. A Plan of Action adopted at that Conference called for a convention on the elimination of discrimination against women, with effective procedures for its implementation.

For the next few years, the process of elaborating a convention continued within the Commission. In 1977, following submission to it of a draft instrument, the General Assembly appointed a special working group to finalize the draft.

The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the General Assembly in 1979. In 1981, after receiving the necessary 20 ratifications, the Convention entered into force and the Committee on the Elimination of Discrimination against Women was formally established. The function of the Committee is to oversee the implementation of the Convention by States parties. Information on the practice of the Committee is contained in part II below.

I. Substantive provisions of the Convention on the Elimination of All Forms of Discrimination against Women

Defining discrimination

Article 1

For the purposes of the present Convention, the term discrimination against women shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, econom- ic, social, cultural, civil or any other field.

Article 1provides a comprehensive definition of discrimination which is then applicable to all provisions of the Convention. In contrast to the International Bill of Human Rights, which simply refers to distinction or discrimination on the basis of sex, article 1gives a detailed explanation of the meaning of discrimination specifically against women. Such discrimination encompasses any difference in treatment on the grounds of gender which:

Intentionally or unintentionally disadvantages women;

Prevents society as a whole from recognizing women's rights in both the domestic and public spheres;

or which:

Prevents women from exercising the human rights and fundamental freedoms to which they are entitled.

In a number of countries throughout the world, women are denied their basic legal rights, including the right to vote and the right to own property. Such instances of legally entrenched differentiation will be easily identified as discriminatory. At the same time, not every differentiation will constitute discrimination. The definition set out above makes it clear that, in addition to establishing the criterion of differentiation (sex), it is also necessary to consider the outcome of the differentiation. If the result is a nullification or impairment of equal rights in any of the forms set out above then the differentiation is discriminatory and therefore prohibited under the Convention.

In 1992, the Committee on the Elimination of Discrimination against Women extended the general prohibition on sex discrimination to include gender-based violence. Further notes on this topic may be found at the end of part I.

Obligations of States parties

Article 2

States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:

(a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;

(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;

(c)      To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;

(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;

(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;

(f)      To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

(g) To repeal all national penal provisions which constitute discrimination against women.

Article 2 establishes, in a general way, the obligations of States under the Convention and the policy to be followed in eliminating discrimination against women. By becoming parties to the Convention, States accept the responsibility to take active steps to implement the principle of equality between men and women into their national constitutions and other relevant legislation. States should also eliminate the legal bases for discrimination by revising existing laws and civil, penal and labour codes.

It is not enough merely to insert anti-discrimination clauses into legislation. The Convention also requires States parties to protect women's rights effectively and provide women with opportunities for recourse and protection against discrimination. They should incorporate sanctions into legislation that deter discrimination against women, and establish a system for filing complaints within national tribunals and courts.

States parties to the Convention must take steps to eliminate discrimination in both public and private spheres. It is not enough to strive for vertical gender equality of the individual woman vis-à-vis public authorities; States must also work to secure non-discrimination at the horizontal level, even within the family.

Article 2 recognizes that legislative changes are most effective when made within a supportive framework, i.e. when changes in the law are accompanied by a simultaneous change in the economic, social, political and cultural spheres. To this end, subparagraph (f) requires States not only to modify laws, but also to work towards the elimination of discriminatory customs and practices.

Appropriate measures

Article 3

States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.

Article 3 defines the appropriate measures in all fields which should be taken to implement the policies set out in article 2. It also serves to demonstrate the indivisibility and interdependence of the rights guaranteed by the Convention and the basic human rights to which all persons are entitled. Other United Nations instruments already guarantee equal dignity and rights for all human beings. Article 3 recognizes that, unless States take active steps to promote the advancement and development of women, they will not be able to enjoy fully the basic human rights guaranteed in the other instruments.

Temporary special measures to combat discrimination

Article 4

1.       Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.

2.       Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatoiry.

Article 4 recognizes that, even if women are given legal (de jure) equality, this does not automatically guarantee that they will in reality be treated equally (de facto equality). To accelerate women's actual equality in society and in the workplace, States are permitted to use special remedial measures for as long as inequalities continue to exist. The Convention thus reaches beyond the narrow concept of formal equality and sets its goals as equality of opportunity and equality of outcome. Positive measures are both lawful and necessary to achieve these goals.

At its seventh session, in 1988, the Committee on the Elimination of Discrimination against Women noted that significant progress had been made in guaranteeing women's legal equality, but that further steps needed to be taken to promote their de facto equality. In its general recommendation No. 5 adopted at that session, the Committee recommended that

States parties make more use of temporary special measures such as positive action, preferential treatment or quota systems to advance women's intecration into education, the economy, politics and employment.

These special measures should be used simply to speed up the achievement of de facto equality for women, and should not create separate standards for women and men. In other words, the appropriateness of any special measures should be evaluated with regard to the actual existence of discriminatory practices. Consequently, once the objectives of equality of opportunity and treatment are reached, these special measures are no longer needed and should be discontinued.

There will, however, always be exceptional cases where special treatment is the only way to guarantee true equality. The individual and community interests of children, for example, require continuous consideration of the health, income and earnings of mothers. Special measures to protect maternity are therefore always necessary and should never be abandoned.

Modifying social and cultural patterns

Article 5

States Parties shall take all appropriate measures:

(a)      To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;

(b)      To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

The importance of the Convention on the Elimination of All Forms of Discrimination against Women lies in the fact that it adds new, substantive provisions to the other instruments which also deal with equality and non-discrimination. Article 5 recognizes that, even if women's legal equality is guaranteed and special measures are taken to promote their de facto equality, another level of change is necessary for women's true equality. States should strive to remove the social, cultural and traditional patterns which perpetuate gender-role stereotypes and to create an overall framework in society that promotes the realization of women's full rights.

The prevalence of gender-role stereotypes is seen most particularly in the traditional concept of women's role in the domestic sphere. Many women are denied an education because their role is considered primarily as one of caring for the family. Moreover, this role is often viewed as unimportant and not, in itself, worthy of an education. Subparagraph (b) of article 5 calls on States parties to ensure that education includes a proper understanding of the important role of maternity as a social function. It also requires that States recognize the raising of children as a responsibility that should be shared by women and men, and not as a task that is borne by women alone. This may well require the development of social infrastructures (e.g. paternal leave schemes) which would make possible a sharing of parental duties.

Suppressing exploitation of women

Article 6

States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.

Article 6 urges States to take all appropriate measures to combat traffic in women and exploitative prostitution. In addressing these problems, it is essential for States to consider and act upon the conditions which are at the root of female prostitution: underdevelopment, poverty, drug abuse, illiteracy, and lack of training, education and employment opportunities. States parties should also provide women with alternatives to prostitution by creating opportunities through rehabilitation, job-training and job-referral programmes.

States which tolerate the existence of exploitative prostitution, girl-child prostitution and pornography (which are always exploitative), and other slave-like practices are in clear violation of their obligations under this article. It is not enough to enact laws against such injustices; in order adequately to discharge their responsibilities, States parties must ensure that measures are taken to implement penal sanctions fully and effectively.

Equality in political and public life at the national level

Article 7

States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right:

(a)      To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies;

(b)      To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government;

(c)      To participate in non-governmental organizations and associations concerned with the public and political life of the country.

Article 7 requires States parties to undertake two levels of action to create equality for women in political and public life. First, States must broaden the rights guaranteed in article 25 of the International Covenant on Civil and Political Rights and ensure to women the right to vote in all elections and public referenda. Of particular importance for women is the right to vote anonymously. Women who are not allowed to vote anonymously are often pressured to vote in the same way as their husbands and are thus prevented from expressing their own opinions.

Secondly, article 7 recognizes that, while it is essential, the right to vote is not in itself sufficient to guarantee the real and effective participation of women in the political process. The article therefore requires States to ensure to women the right to be elected to public office and to hold other government posts and positions in non-governmental organizations. These obligations can be realized by including women on lists of governmental candidates, affirmative action and quotas, eliminating gender restrictions for certain posts, increasing promotion rates for women and developing government programmes to attract larger numbers of women into meaningful (as opposed to merely nominal) political leadership roles.

Equality in political and public life at the international level

Article 8

States Parties shall take all appropriate measures to ensure to women, on equal terms with men and without any discrimination, the opportunity to represent their Governments at the international level and to participate in the work of international organizations.

While many of the decisions which directly affect the lives of women are made within their own countries, important political, legal and social trends are both forged and reinforced at the international level. For this reason it is essential that women are adequately represented in international fora as members of government delegations and as employees of international organizations.

The goal of equal representation of women at the international level is still far from being realized. In general recommendation No. 8 adopted at its seventh session, in 1988, the Committee on the Elimination of Discrimination against Women recommended that, in implementing article 8 of the Convention, States parties make use of temporary special measures such as affirmative action and positive discrimination as envisaged by article 4. States should also use their influence in international organizations to ensure adequate and equal representation of women.

Equality in nationality laws

Article 9

1.       States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

States Parties shall grant women equal rights with men with respect to the nationality of their children.

In the context of article 9, nationality means citizenship. Many human rights, particularly political rights, derive directly from citizenship.

There are two basic obligations contained in article 9. First, it requires States parties to guarantee women the same rights as men to acquire, change or retain their nationality. For example, many countries discriminate against female nationals who marry foreigners. Foreign wives of male nationals may be permitted to acquire their husband's nationality, but foreign husbands of female nationals are not granted the same right. The result in such cases is that men who marry foreigners are allowed to remain in their country of origin, whereas women who marry foreigners may be forced to move to their husband's country of origin. Such a law would be considered discriminatory and should therefore be amended.

Secondly, article 9 requires States parties to extend to women the same rights as men regarding the nationality of their children. In many countries, children automatically receive the nationality of the father. In implementing this article, States must establish formal legal equality between men and women with regard to acquiring, changing or retaining nationality and conferring it upon their spouse or children.

Equality in education

Article 10

States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women:

(a)      The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in preschool, general, technical, professional and higher technical education, as well as in all types of vocational training;

(b)      Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality;

(c)      The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods;

(d)      The same opportunities to benefit from scholarships and other study grants;

(e)      The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women;

(f)      The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely;

(g)      The same opportunities to participate actively in sports and physical education;

(h)      Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning.

Article 10 recognizes that equality in education forms the foundation for women's empowerment in all spheres: in the workplace, in the family and in wider society. It is through education that traditions and beliefs which reinforce inequality between the sexes can be challenged, thereby helping to break down the legacy of discrimination handed from one generation to the next.

The obligations of States parties under article 10 can be conveniently divided into three categories.

The first obligation is equality of access. There are very few places in the world where women are denied a formal right to education. However, true equality in education requires the development of specific and effective guarantees to ensure that female students are provided with access to the same curricula and other educational and scholarship opportunities as male students. In many countries, parents do not expect their daughters to have careers outside the home. Consequently, girl-children are encouraged to leave school after completing only a basic or elementary education. Even at the elementary level, male students may be given a more rigorous and demanding curriculum than their female classmates. States parties should reform the education system so that it no longer creates or permits the existence of separate standards and opportunities for females and males. In addition, States should, where necessary, create special programmes to encourage female students to further their education and to encourage parents to permit this. Such encouragement could take the form of scholarship funds designed for female students attending universities and technical and vocational schools.

Secondly, States parties have an obligation to eliminate gender-role stereotyping in and through the education system. Textbooks used in schools often reinforce traditional, unequal stereotypes, particularly as these apply to employment and domestic and parenting responsibilities. Teachers may promote this type of gender-role stereotyping by discouraging female students from engaging in mathematics, sciences, sports and other so-called male areas of study or activity. States should, where necessary, revise textbooks and offer special training courses for teachers in order to combat gender-based discrimination.

A third obligation of States parties is to close the existing gap in education levels between men and women. States should create programmes which give women the opportunity to return to school or attend special training courses. In this way, women who did not have the benefit of an equal education in the past will be offered the opportunity to catch up and thus to enjoy an equal role in the workplace and in society as a whole.

Equality in employment and labour rights

Article 11

I. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a)      The right to work as an inalienable right of all human beings;

(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment;

(c)      The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;

(d)      the right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work;

(e)      The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave;

(f)      The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction.

2.       In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures:

(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status;

(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances;

(c)      To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities;

(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.

3.       Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.

Equality in employment and labour rights has long been recognized as an important element in the struggle for women's human rights. A large part of the battle at the international level has thus far been fought by the International Labour Organisation (ILO). Article 11 builds upon and consolidates many of the rights claimed for women by ILO.

Article 11 states clearly that women shall enjoy the basic human right to work. It then sets out a comprehensive list of obligations of States parties in order to ensure that this right can be fully and effectively realized.

First, States parties must guarantee women the same employment rights and opportunities as men. It is not sufficient for a State to outlaw discriminatory hiring practices. Equal employment opportunities, for example, presume equality in opportunities to prepare for employment through education and vocational training. In the recruitment process, women must be subject to the same hiring criteria as men.

Secondly, women must have the right to free choice in selecting a profession, and must not be automatically channelled into traditional women's work. To discharge this obligation, States parties must grant women full equality in education and employment opportunities and must work towards the creation of social and cultural patterns which allow all members of society to accept and work towards the presence of women in many different types of career.

Thirdly, women in the workplace must have the right to equal remuneration and all work-related benefits. States parties must guarantee women equal pay for equal work, as well as equal treatment for work of equal value and equal treatment in evaluating the quality of work. Women are also to enjoy the protection of social security. Provision should be made for paid leave as well as retirement, unemployment, sickness and old-age benefits.

Fourthly, women in the workplace must be protected from discrimination based on marital status or maternity. The wording of this provision is very clear. States parties must prohibit employers from using pregnancy or marital status as a criterion in the hiring or dismissal of women employees. States must also take measures that allow parents to combine family obligations with work responsibilities, by giving them benefits such as paid maternity leave, child-care subsidies and special health protection during pregnancy.

Finally, true equality in employment requires the implementation of measures to protect women from all forms of violence in the workplace. One of the most prevalent forms of violence against women in the workplace is sexual harassment of women by male co-workers. Instead of being treated as equal co-workers, women are often treated as sexual objects. In response to this widespread problem, the Committee on the Elimination of Discrimination against Women, in general recommendation No. 12 adopted at its eighth session, in 1989, called on States parties to include in their reports to the Committee information on legislation against sexual harassment in the workplace. In 1992, the Committee recommended that States parties adopt effective legal measures, including penal sanctions, civil remedies and compensatory provisions, to protect women against all kinds of violence, including sexual assault and sexual harassment in the workplace (general recommendation No. 19 (eleventh session), para. 24 (t) (i)).

It is important to note that the guarantees of equality and non-discrimination contained in article 11 are applicable only to women in formal employment. This leaves vulnerable a vast number of women whose labour in the home, on the land or elsewhere goes unrecognized and whose rights therefore remain unprotected (see also Rural women, p. 25 below).

Equality in access to health facilities

Article 12

1.       States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

2.       Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.

Access to health care is a problem affecting women, men and children in many areas of the world. However, as recognized in article 12, women in particular, by virtue of their unequal status and their special vulnerabilities, encounter a great many obstacles in obtaining adequate health care.

Paragraph 1 of article 12 specifically requires States parties to ensure the equality of women and men in access to health care services. This requires the removal of any legal and social barriers which may operate to prevent or discourage women from making full use of available health care services. Steps should be taken to ensure access to health care services for all women, including those whose access may be impeded through poverty, illiteracy or physical isolation (see also Rural women, p. 25 below).

While not yet a universally recognized right in itself, the ability of a woman to control her own fertility is fundamental to her full enjoyment of the full range of human rights to which she is entitled, including the right to health. In recognition of this fact, article 12 makes specific reference to the area of family planning. Both women and men must have a voluntary choice in planning their families, and States must accordingly make available information and education about medically approved and appropriate methods of family planning. Any laws which operate to restrict a woman's access to family planning or any other medical services (e.g. by requiring prior permission of her husband or a near relative as a prerequisite for treatment or for the provision of information) would be contrary to this article and consequently should be amended. Where laws requiring the spouse's authorization for medical treatment or for the provision of family planning services have previously existed and subsequently been amended, States parties should ensure that medical workers as well as the community are informed that such authorization is not required and that the practice is contrary to the rights of women.

Paragraph 2 of article 12 recognizes that women need extra care and attention during pregnancy and the post-natal period. States parties must recognize women's needs both as providers and receivers of health care during these times, and must ensure that they have access to adequate health care facilities and resources, including adequate nutrition during and after pregnancy.

It is estimated that, each year, at least half a million women die from causes related to pregnancy and childbirth, most of these deaths occurring in the developing countries of Asia and Africa.(3) Implementation of the provisions of article 12 is an essential first step in reducing the high rate of matemal deaths.

In its examination of the scope and application of article 12, the Committee on the Elimination of Discrimination against Women has focused particularly on ending discrimination against women in national AIDS strategies. General recommendation No. 15, adopted by the Committee at its ninth session, in 1990, calls on States parties to enhance women's role as care providers, health workers and educators in the prevention of infection with HIV, and to give special attention to the subordinate position of women in some societies which makes them especially vulnerable to HIV infection.

Together with the Sub-Commission on Prevention of Discrimination and Protection of Minorities, the Committee on the Elimination of Discrimination against Women has paid special attention to the area of traditional practices harmful to the health of women. Such practices include, but are not limited to, genital mutilation, dangerous birth practices and son preference. In its general recommendation No. 14 (ninth session, 1990), the Committee called on States parties to take appropriate measures to eradicate the practice of female genital mutilation. Such measures could include the introduction of appropriate educational and training programmes and seminars, the development of national health policies aimed at eradicating female genital mutilation in public health facilities, and the provision of support to national organizations working for these goals.

Finance and social security

Article 13

States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:

(a)      The right to family benefits;

(b)      The right to bank loans, mortgages and other forms of financial credit;

(c)      The right to participate in recreational activities, sports and all aspects of cultural life.

Article 13 recognizes that, unless States parties guarantee women financial independence, they will not have true equality with men because they will not be able to head their own households, own their own homes, or start their own businesses. Many private businesses discriminate against women employees by not giving them the same access to family benefits and insurance as male employees; similarly, loan and mortgage companies often impose higher standards on women and require higher premiums or deposits for obtaining credit. Social security provisions may discriminate against single mothers by presuming dependence upon a man. States must take steps to ensure that women have equal access with men to credit and loans, and that they also have equal access to family benefits.

Equal rights of participation in sporting, recreational and other cultural activities presumes the existence of real equality of access. To achieve this, States should ensure that all legal or social obstacles to the full participation of women in these areas are removed and that funding, grants or other forms of support are implemented under a principle of equality of opportunity.

Rural women

Article 14

1.States Parties shall take into account the particularproblemsfaced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.

2.       States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

(a)      To participate in the elaboration and implementation of development planning at all levels;

(b) To have access to adequate health care facilities, including information, counselling and services in family planning;

(c) To benefit directly from social security programmes;

(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services in order to increase their technical proficiency;

(e) To organize self-help groups and cooperatives in order to obtain equal access to economic opportunities through employment or self-employment;

(f)      To participate in all community activities;

(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;

(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

In many parts of the world, women living in rural areas bear a disproportionate amount of the burden of labour. Moreover, they often receive little or no recognition for their participation, nor are they allowed to enjoy the fruits of their work or share in the benefits of development. In addition, many of these women workers, by remaining invisible and unacknowledged, are not entitled to the protections and benefits afforded those in formal employment.

Article 14 recognizes that rural women are a group with special problems needing careful attention and consideration by States parties. In addition, by extending the Convention to women in rural areas, States parties are explicitly recognizing the importance of the work of rural women and their contribution to the well-being of their families and the economy of their countries. This emphasis on development is unique in a human rights treaty and represents clear acknowledgement of the fundamental link between achieving equality and involving women in the development process.

Article 14 requires States parties to eliminate discrimination against women in rural areas; to implement their right to adequate living conditions; and to take special measures to ensure them, on a basis of equality with men, the same participation in and benefits of rural development. Special measures to achieve these goals could include: ensuring the participation of women, especially rural women, in the elaboration and implementation of development planning in order that they may work to create a better environment for themselves; encouraging and providing assistance for the establishment of self-help groups and cooperatives; and providing rural women with access to adequate health care, family planning facilities and social security programmes to give them greater financial and social control over their lives. States should also give women in rural areas the opportunity to break out of traditional roles and choose different lifestyles by ensuring them equal access to training and education programmes, as well as to agricultural credit, loans and marketing facilities.

Equality in legal and civil matters

Article 15

1.       States Parties shall accord to women equality with men before the law.

2.       States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.

3.       States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

4.       States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.

Article 15 confirms women's equality with men before the law, and additionally requires States parties to guarantee women equality with men in areas of civil law where women have traditionally been discriminated against. For example, in many countries, women do not have the same property rights as men: traditional property law often discriminates against women in that only male children are able to inherit the family land, and that husbands have automatic ownership over all of their wife's property upon marriage. Similarly, legislation in a number of countries establishes that the administration of family property is to be undertaken by the male head of the family-thereby excluding women. Many legal systems do not allow a woman to enter into contracts in her own right but require the signature of her husband before a contract is considered legally binding, even in cases relating to her own property or earnings. Article 15 requires States parties to take positive steps to ensure women full equality in civil law. States must therefore repeal or amend any laws or instruments which have the effect of restricting women's legal capacity.

Paragraph 4 of article 15 requires equality in the law regarding movement of persons and freedom to choose one's own residence and domicile. A law which makes a woman's domicile dependent upon her husband's would be considered discriminatory under this provision, as would a law which operated to restrict the right of a woman (including a married woman) to choose where she lives.

Equality in family law

Article 16

1.       States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:

(a)      The same right to enter into marriage;

(b)      The same right freely to choose a spouse and to enter into marriage only with their free and full consent;

(c) The same rights and responsibilities during marriage and at its dissolution;

(d)      The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;

(e)      The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;

(f)      The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;

(g)      The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;

(h)      The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.

2.       The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.

Article 16 addresses the problem of discrimination against women in the private sphere, including discrimination in the area of family law. Much discrimination against women takes place in their own homes by their husbands, their families and their communities. In some societies, young women or girls are forced into arranged marriages. In many areas of the world, married women are not permitted to participate equally in deciding how many children they will bear, how these children will be brought up, and when and whether or not they themselves should work. Even in countries where women enjoy a greater say in their family life, deeply ingrained stereotypes regarding the proper role of women as being that of housewife and homemaker may prevent them from pursuing outside careers or taking part in important decision-making with their husbands.

This area of discrimination is usually based on long-standing cultural or religious practices; it is thus one of the most difficult areas to penetrate and one of the most resistant to change. Yet the drafters of the Convention realized that change in this area is essential in order for women to attain full equality. To bring about this change, States parties must first take all appropriate measures to eliminate or amend existing laws or instruments relating to marriage and the family which discriminate against women. Such laws would include, for example, those which do not give women the same legal rights to divorce and remarriage as men; laws which do not allow women full property-ownership rights; and laws which do not grant them equal rights regarding the care and custody of children, whether in marriage or following divorce. Secondly, States parties must take steps actively to ensure that women are able to exercise the same rights as men, including the right freely to enter into marriage and to choose a spouse. In keeping with the freedom of a woman to choose when and whom she should marry, a minimum age for marriage should be guaranteed by law.

Although domestic violence is not specifically addressed in article 16, the Committee on the Elimination of Discrimination against Women has made it clear that violence and abuse in the family is a human rights problem which must be addressed by States parties. Additional information on gender-based violence is provided in the following commentary.

A note on gender-based violence

The issue of gender-based violence is not specifically addressed in the Convention, although it is clearly fundamental to its most basic provisions. In general recommendation No. 19 adopted at its eleventh session, in 1992, the Committee on the Elimination of Discrimination against Women took the important step of formally extending the general prohibition on gender-based discrimination to include genderbased violence, which it defined (para. 6) as

violence that is directed at a woman because she is a woman or that affects women disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty . . .

The Committee affirmed that violence against a woman constitutes a violation of her internationally recognized human rights-regardless of whether the perpetrator is a public official or a private person.

The responsibility of States parties under the Convention extends to eliminating gender-based discrimination by any person, organization or enterprise. State responsibility may therefore be invoked not only when a government official is involved in an act of gender-based violence, but also when the State fails to act with due diligence to prevent violations of rights committed by private persons or to investigate and punish such acts of violence, and to provide compensation.

In the same general recommendation (para. 24 (t)), the Committee called on States parties to take all measures necessary to prevent gender-based violence. Such measures would include not only legal sanctions, civil remedies and avenues for compensation, but also preventive measures such as public information and education programmes, as well as protective measures, including support services for victims of violence.

The work of the Committee in this area is being reinforced by other international developments. In 1993, the General Assembly adopted the Declaration on the Elimination of Violence against Women (resolution 48/104). The Declaration sets out the steps which States and the international community should take to ensure the elimination of all forms of violence against women, whether occurring in public or in private life.

Reservations to the Convention

Where a treaty permits-as is the case with the Convention on the Elimination of All Forms of Discrimination against Women-States parties may make a reservation, i.e. a formal declaration that they do not accept as binding on them a certain part or parts of the treaty.

Article 28 of the Convention states (para. 2):

A reservation incompatible with the object and purpose of the present Convention shall not be permitted.

This provision restates a fundamental rule of the international law of treaties: that a reservation to a convention which is contrary to its object and purpose cannot be permitted.

The Convention on the Elimination of All Forms of Discrimination against Women has been the subject of more reservations than any other major international human rights treaty. As of October 1993, 41 States parties had made and not subsequently withdrawn reservations to the Convention. Some of these reservations concern matters which are not fundamental to the object and purpose of the treaty. Others are to the dispute-settlement provisions of the Convention (art. 29). Some reservations are so broad and vague that it is difficult to determine exactly what States are reserving. A relatively large number of States parties have made substantive reservations to basic articles, including those provisions relating to non-discrimination in family law, legal capacity and citizenship. Some States have even entered reservations to the very important article 2, which contains the central commitment of parties to eradicate all forms of discrimination against women, including gender-based discrimination. Many reservations are directed at those provisions which seek to eliminate discrimination in the private sphere of work, home and family.

Such substantive reservations have the potential to limit significantly the obligations undertaken by the reserving States and in this way they clearly undermine the object and purpose of the Convention.

In the course of its work, the Committee on the Elimination of Discrimination against Women regularly encourages States parties to review and withdraw their reservations. The Committee does not have the power to decide whether or not reservations are incompatible with the object and purpose of the Convention. The question of incompatibility can be answered by the International Court of Justice, but so far no State has sought an advisory opinion from the Court on the compatibility of reservations or on how specific they have to be, or challenged another State in this forum.

As recognized by the 1993 World Conference on Human Rights, the matter of reservations to the Convention on the Elimination of All Forms of Discrimination against Women is a serious one. The number and nature of reservations and the failure to invoke the formal procedure set out in the 1969 Vienna Convention on the Law of Treaties

for deciding on the validity of reservations have provoked considerable controversy. Some States parties have expressed strong objections to many reservations on the ground that they are clearly incompatible with both the letter and the spirit of the Convention, while others have strongly defended their right to make reservations.

At its thirteenth session, in 1994, the Committee on the Elimination of Discrimination against Women voiced its agreement with the view of the World Conference that States should consider limiting the extent of any reservations they make to international human rights instruments, formulate any reservations as precisely and narrowly as possible, ensure that none is incompatible with the object and purpose of the treaty concerned and regularly review any reservations with a view to withdrawing them. At the same session, the Committee took a number of concrete steps to bring the issue of reservations to the attention of other United Nations bodies, including the Commission on the Status of Women and the Commission on Human Rights. The Committee also drafted specific guidelines for reporting by States parties on reservations which they have entered to the Convention on the Elimination of All Forms of Discrimination against Women.

A table of reservations to the Convention is contained in annex II to this Fact Sheet.

II. Implementing the Convention: the Committee on the Elimination of Discrimination against Women

Establishment and composition of the Committee

Article 17 of the Convention on the Elimination of All Forms of Discrimination against Women establishes the Committee on the Elimination of Discrimination against Women to oversee the implementation of its provisions.

In accordance with the Convention, the Committee is composed of 23 experts who are elected by secret ballot from a list of persons of high moral standing and competence in the field covered by the Convention nominated by States parties. In the election of persons to the Committee, consideration is given to equitable geographical distribution and to the representation of different civilizations and legal systems. The members of the Committee serve four-year terms. Although nominated by their own Governments, members serve in their personal capacity and not as delegates or representatives of their countries of origin.

The composition of the Committee is noticeably different from that of other human rights treaty bodies. In the first place the Committee has, since its inception, and with only one exception, been composed entirely of women. Members have been and continue to be drawn from a wide variety of professional backgrounds. The breadth of experience in the Committee is reflected favourably in the process by which reports from States parties are examined and commented upon.

What does the Committee do?

The Committee acts as a monitoring system to oversee the implementation of the Convention by those States which have ratified or acceded to it. This is done principally by examining reports submitted by those States parties. The Committee considers these reports and makes suggestions and recommendations based on their consideration. It may also invite United Nations specialized agencies to submit reports for consideration and may receive information from non-governmental organizations. The Committee reports annually on its activities to the General Assembly through the Economic and Social Council, and the Council transmits these reports to the Commission on the Status of Women for information.

The Committee meets for two weeks each year. This is the shortest meeting time of any Committee established under a human rights treaty.

How does a State party report to the Committee?

Under article 18 of the Convention, States parties are required to submit reports to the Secretary-General of the United Nations on legislative, judicial and other measures which they have taken in accordance with the provisions of the Convention. These reports are for consideration by the Committee.

A State party must submit its first report within one year after it has ratified or acceded to the Convention; subsequent reports must be submitted at least every four years or whenever the Committee so requests.

In ratifying or acceding to the Convention, States parties accept a legal obligation to submit timely and complete reports. Many States have failed to discharge this obligation. Whatever the reason for this failure, the end result is a large number of overdue reports and a signi 'ficant proportion of incomplete or inadequate ones. As of October 1993, 72 States parties to the Convention (almost two thirds of the total number of States parties) had failed to submit reports by the due date.

The reporting process is a difficult one and the preparation of reports can be a time-consuming and complex task. Some problems in the process arise from a lack of personnel, experience and resources within the relevant ministry or department. The process of collecting information can be facilitated by ensuring collaboration between the reporting agency and those government departments from which statistics or other information must be obtained. The ability of nongovernmental organizations to assist in the preparation of reports should not be overlooked.

Unfortunately, the Committee cannot effectively address all difficulties which may arise in the reporting process. It has, however, developed two sets of general guidelines for reporting in an effort to provide practical technical assistance to States parties. These guidelines suggest that initial reports could be usefully divided into two parts: the first on the country's political, legal and social framework and general measures used to implement the Convention, and the second part a detailed description of steps taken to comply with individual articles. Unfortunately, many States parties have not followed these guidelines, a fact which implies that the guidelines are too general to be especially helpful. It has been suggested that, in order to make the reporting process more effective, the Committee should develop detailed guidelines offering more concrete guidance to States parties.

How does the Committee work?

Procedural aspects

Under article 20 of the Convention, the Committee meets once a year for a period of not more than two weeks. It is serviced by the United Nations Division for the Advancement of Women, which moved from Vienna to New York in 1993.

In accordance with article 19 of the Convention, the Committee has adopted its own rules of procedure. These rules have established that the meetings of the Committee are generally held in public; that 12 members constitute a quorum; and that the presence of two thirds of the members is required for taking a decision. The rules of procedure further establish that the Committee shall endeavour to reach its decisions by consensus.

The Committee elects a chairperson, three vice-chairpersons and a rapporteur from among its members. These persons hold office for a period of two years. To facilitate its work, the Committee has established the following working groups:

(a)      Pre-sessional working group

In response to the problems encountered due to the lack of time and resources to consider adequately States parties' reports, the Committee established a pre-sessional working group to prepare the consideration of second and subsequent periodic reports. The pre-sessional working group is composed of five members of the Committee and its mandate is to prepare a list of issues and sets of questions to be sent in advance to the reporting States. This enables reporting States to prepare replies for presentation at the session and thus contributes to a speedier consi 'deration of second and subsequent reports.

(b)      Two standing working groups

In addition to the pre-sessional working group, the Committee has established two standing working groups which meet during the regular session of the Committee. Working Group I considers and sugc,ests ways and means of expediting the work of the Committee. Working Group II considers ways and means of implementing article 21 of the Convention, which gives the Committee the power to issue suggestions and general recommendations on implementation of the Convention.

Consideration of reports by the Committee

1. Submission of reports

Individual States parties first submit a written report to the Committee. State representatives are then given the opportunity orally to introduce the report to the Committee. These introductions tend to provi 'de a very general overview of the content of the report.

2.       General observations

After the introduction, the Committee makes general observations and comments regarding the report's form and content. In some cases, the Committee will also comment on any reservations to the Convention which have been made by the reporting State party and may also enquire as to whether such reservations could be reconsidered.

3.       Consideration of individual articles

The Committee members then ask questions relating to specific articles of the Convention. They focus on the actual position of women in society in an effort to understand the true extent of the problem of discrimination. The Committee will accordingly request specific statistical information on the position of women in society, not only from the Government, but also from non-governmental organizations and independent agencies.

The State party presenting its report may decide to answer some of these questions immediately, and usually will provide other answers a day or two later. At this point, the Committee may ask additional questions, or may request that further information be sent to the Secretariat before the next report is due.

4.       Concluding observations

The Committee will then prepare concluding comments on the reports of individual States parties so that these can be reflected in the report of the Committee. At its thirteenth session, in 1994, the Committee decided that these comments should deal with the most important points, covered in a constructive dialogue, emphasizing both positive aspects of a State's report and matters on which the Committee had expressed concern, and clearly indicating what the Committee wished the State party to report on in its next report.

5.       Encouraging a constructive dialogue between the Committee and States

The examination of States parties' reports by the Committee is not meant to be an adversarial procedure. Instead, all efforts are made ,in to develop a constructive dialogue between States parties and Committee members. Although some Committee members may criticize a State in a particular area, other members will go to great lengths to encourage the progress made by the State in other areas. The overall atmosphere of the Committee's sessions is one of a free exchange of ideas, information and suggestions.

One aspect of this cordial environment is that the Committee never formally pronounces a State to be in violation of the Convention, but instead points out the State's shortcomings through a series of questions and comments. However, this approach also means that the Committee does not put itself in a position to exert strong pressure on States who are in outright violation of the Convention to change their policies and legislation.

Interpreting and applying the Convention

Article 21 of the Convention provides that the Committee may make suggestions and general recommendations based on its examination of the reports and information received from States parties. To date, the general recommendations issued by the Committee have not been addressed to individual States. Instead, the Committee has restricted itself to making recommendations to all States parties on specific steps which may be taken to fulfil their obligations under the Convention.

The general recommendations made by the Committee are limited in both range and effect. Because they are geared to all States parties rather than to individual States, the scope of these recommendations is often very broad-making compliance difficult to monitor. Such recommendations, along with any other suggestions made by the Committee to individual States parties, are not legally binding.

Until recently, the Committee had not offered any substantive interpretation or analysis of the scope and meaning of the articles of the Convention. Indeed, the Convention does not specifically accord the Committee such interpretive authority. However, most of the other treaty-monitoring bodies (most notably the Committee on the Elimination of Racial Discrimination, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights) have made substantive interpretations of their respective Conventions in the absence of an express authority to do so. These interpretations have made a major contribution to the development of substantive human rights law.

They have proved to be very useful for States in compiling their reports, and for non-governmental organizations working for change at the national level.

In general recommendation No. 19 adopted at its eleventh session, in 1992, the Committee on the Elimination of Discrimination against Women explored the coverage of gender-based violence in the various articles of the Convention. At its twelfth session, in 1993, the Committee undertook an analysis of article 16 and other articles relating to the family, which is expected to lead to a general recommendation. The Committee has established a work programme under which the various substantive articles of the Convention will be examined in turn during its annual sessions.

Improving the work of the Committee

In fulfilling effectively its mandate of overseeing the implementation of the Convention by States parties, the Committee faces many challenges. It must strive to expand the information base available to it-not only for compiling but for reviewing reports; it must, where necessary, offer an interpretation of the norms embodied in the articles of the Convention; and it must endeavour to create a more effective monitoring system.

1.       Expanding the information base of the Committee

At present, the Division for the Advancement of Women provides Committee members with analysis based upon statistical indicators relevant to specific articles of the Convention for each periodic report of States parties.

Article 22 of the Convention provides that the Committee may invite specialized agencies of the United Nations to submit reports for consideration by the Committee on the implementation of the Convention in areas falling within the scope of their activities. This is a useful opportunity for the Committee to receive detailed information on the implementation of the Convention in specific areas. A number of specialized agencies and other United Nations bodies, including the Food and Agriculture Organization of the United Nations (FAO), the United Nations Development Programme (UNDP), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Children's Fund (UNICEF), are directly involved in issues which affect the human rights of women. To date, only the International Labour Organisation (ILO), the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) have submitted reports to the Committee.

In order to take full advantage of the vast store of relevant, country-speci 'fic information available within United Nations agencies, the Committee continues actively to seek their cooperation. Such information is, of course, most useful if it relates to the situation in a country being discussed by the Committee at the session during which the information is submitted.

Another valuable source of information for the Committee is non-governmental human rights and women's organizations and independent agencies. Reports submitted by States parties do not always accurately reflect the human rights situation of women in the country concerned, nor do thev always identify specific problem areas. Information and statistics from independent organizations are extremely useful to the Committee in assessing the actual situation of women in individual States. Submissions which are prepared in the context of the purposes of reporting, as outlined above, will be the most useful to Committee members in their task of scrutinizing States parties' reports. Submissions should, where possible, identify the precise articles of the Convention which relate to the problems or issues being addressed. Non-governmental organizations and other groups may write to the Committee, care of the Division for the Advancement of Women, at the following address: Room DC2-1220, P.O. Box 20, United Nations, New York, NY 10017, United States of America. The Division for the Advancement of Women can also provide information on which States parties' reports are to be considered at a particular session. It should be noted that accredited representatives of non-governmental organizations may attend sessions of the Committee as observers.

2.       Clarification of provisions of the Convention

The Convention on the Elimination of All Forms of Discrimination against Women is a legal document and, for this reason, its provisions may require clarification and even elaboration in order that the obligations assumed by States will be perfectly clear. This process of a developing jurisprudence is an ongoing one because the Convention is a dynamic document. It must be flexible enough to take account of changing international attitudes and circumstances, while at the same time retaining its spirit and integrity.

Although in its general observations the Committee has made broad statements on the form and structure of States parties' reports, and has underscored the need to remedy discrimination against specific groups of women and in relation to specific traditional practices, it had not, until recently (see Interpreting and applying the Convention, p. 40 above), attempted formally to interpret the rights guaranteed in the Convention. The experience of other treaty-monitoring bodies has shown that a proactive approach to monitoring can be extremely useful in assisting States parties to understand their obligations. Clarification of the norms contained in the Convention would also be extremely valuable for women in understanding the rights to which they are entitled. The process of interpreting substantive articles of the Convention was begun by the Committee at its tenth session, in 1991, and has been given new impetus by the adoption of a programme of work under which substantive articles will be examined in turn.

3.       Development of an effective monitoring system

By expanding its information base and by attempting to clarify norms contained in the Convention, the Committee has taken some important first steps in developing an effective monitoring system.

However, a number of challenges remain. One of these is to improve the timeliness and efficiency of the reporting process. To assist States which are overdue in reporting, the Committee has adopted pro-. cedures by which States are allowed to combine reports. Ne vertheless, the fact that the Committee has the shortest meeting time of any treatymonitoring body (two weeks) has meant that a considerable backlog of reports has built up. There is now an average of three years between the time a State party submits a report and the consideration of that report by the Committee. This is itself a disincentive to report and leads to the need for the State to present additional information to update its report.

As a temporary measure, three-week sessions have been mandated until the backlog is removed. However, despite the best efforts of the Committee it has become clear that the temporary extension of ses-

sions cannot be expected to eliminate the backlog. At its thirteenth session, in 1994, the Committee therefore recommended that States parties amend article 20 of the Convention in order to allow it to meet annually to consider reports (deleting the words normally... for a period of not more than two weeks). It further recommended that, pending this amendment, the General Assembly authorize the Committee to meet for two sessions of three weeks' duration, starting in 1995 and continuing into the 1996-1998 biennium.

Outside the Committee, suggestions have been made that all treaty-monitoring bodies in the United Nations human rights system should work together to improve the timeliness and quality of States' reports by coordinating the different guidelines for reporting. If a standardized method for reporting under all conventions were in place, this would decrease the administrative burden on States. A uniform system of reporting would also increase the speed and efficiency with which the various committees could review and evaluate reports during their annual sessions.

The timeliness and quality of States parties' reports to the Committee on the Elimination of Discrimination against Women can also be improved through training of government officials responsible for their compilation. The Division for the Advancement of Women regularly conducts such training exercises. Training courses on reporting under all major human rights conventions are also organized by the United Nations Centre for Human Rights as part of its technical assistance programme.

4.       An individual complaints procedure?

The possibility of introducing the right of petition through the preparation of an optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women (similar to the Optional Protocols to the International Covenant on Civil and Political Rights) was recommended in the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in 1993. As part of the follow-up to that Conference, the Committee on the Elimination of Discrimination against Women and the Commission on the Status of Women will study the possibility. Such a protocol would permit citizens of States parties to lodge complaints with the Committee alleging violation of their rights as set out in the Convention. It might also permit the lodging of complaints between States. It is apparent that such a development would considerably increase the strength of the Committee and its ability to have a direct impact on the problem of gender-based discrimination.

In the meantime, there are several avenues by which women may draw international attention to cases of discrimination. The CommisSion on the Status of Women is a United Nations body charged with, inter alia, developing recommendations and proposals for action on urgent problems in the field of women's rights. The Commission may receive communications from individuals and groups concerning discrimination against women. No action is taken on individual complaints. Instead, the procedure aims to discern emerging trends and patterns of discrimination against women in order to develop policy recommendations aimed at solving widespread problems. Communications may be sent to the Commission care of the United Nations Division for the Advancement of Women (address under 1, at p. 42 above).

In addition, the Human Rights Committee, which oversees implementation of the International Covenant on Civil and Political Rights, may receive complaints of violations of the sex equality provisions of the Covenant-in particular article 26. The prohibition of discrimination on the basis of sex has been extended to rights set out in other instruments, for example the right to social security guaranteed in the International Covenant on Economic, Social and Cultural Rights (art. 9).4/ The individual complaints procedure of the Human Rights Committee is available to individuals in 76 countries which have ratified the Optional Protocol to the Covenant on Civil and Political Rights. Women in these countries are thereby able to bring complaints about violations of their rights of equal entitlements protected by that Covenant as well as by the Covenant on Economic, Social and Cultural Rights and possibly other international human rights conventions, provided their country is also a party to those treaties.

Notes:

1.       The World's Women 1970-1990: Trends and Statistics (United Nations publication, Sales No. E.90.XVII.3). [back to the text]

2.       The Commission on the Status of Women was established by the Economic and Social Council in 1946. Its function is to prepare reports and recommendations to the Council on promoting women's rights in the political, economic, civil, social and educational fields and to develop recommendations and proposals for action on urcent problems in the field of women's rights with the object of implementinc, the principle that men and women shall have equal rights. The Commission has been given the task of monitoring, reviewing and appraising the implementation of the Nairobi Forwardlooking Strategies for the Advancement of Women adopted by the 1985 World Conference on Women. The Commission may receive communications from individuals and groups concerning discrimination against women (see under An individual complaints procedure?, at P. 44 below). [back to the text]

3.       World Health Organization, Maternal Mortality: A Global Factbook (Geneva, 1991), p. 3. [back to the text]

4 See, for example, S. W. M. Broeks v. the Netherlandv, Communication No. 172/1984 (9 April 1987), Selected Decisions of the Human Rightv Committee under the Optional Protocol, International Covenant on Civil and Political Rightv, Volume 2, Seventeenth to Thirty-second Sessions (October 1982-April 1988) (United Nations publication, Sales No. E.89.XIV. 1), p. 196. [back to the text]

Taken from the United Nations Human Rights Fact Sheet No.12, The Committee on the Elimination of Racial Discrimination

Racial discrimination: the United Nations takes action

The purposes of the United Nations are . . . to achieve international co-operation . . . in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language and religion . . ..

- Charter of the United Nations (extract from the Preamble)

All human beings are born free and equal in dignity and rights. . .

- Universal Declaration of Human Rights (article 1)

In one international declaration, covenant and convention after another since the United Nations was founded, States have accepted that all members of the human family have equal and inalienable rights, and have made commitments to assure and defend these rights.

Racial discrimination, nevertheless, remains a stumbling block to the full realization of human rights. In spite of progress in some areas, distinctions, exclusions, restrictions and preferences based on race, colour, descent, national or ethnic origin, continue to create and embitter conflict, and cause untold suffering and loss of life.

The fundamental injustice of racial discrimination, no less than the dangers it represents, has made its elimination a target of action by the United Nations.

Mounting international concern over racial discrimination led the United Nations General Assembly, in 1963, to take the formal step of adopting the Declaration on the Elimination of All Forms of Racial Discrimination which makes four principal points:

Any doctrine of racial differentiation or superiority is scientifically false, morally condemnable, socially unjust and dangerous and has no justification in theory or practice;

Racial discrimination-and more so, government policies based on racial superiority or hatred-violate fundamental human rights, endanger friendly relations among peoples, co-operation among nations, and international peace and security;

Racial discrimination harms not only those who are its objects but also those who practise it;

A world society free of racial segregation and discrimination, factors which create hatred and division, is a fundamental aim of the United Nations.

In 1965, the General Assembly provided the world community with a legal instrument by adopting the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention specifies the measures that States agree to undertake-once they have become parties by ratifying or acceding to it-to eliminate racial discrimination.

Under the Convention, States parties are pledged:

To engage in no act or practice of racial discrimination against individuals, groups of persons or institutions, and to ensure that public authorities and institutions do likewise;

Not to sponsor, defend or support racial discrimination by persons or organizations;

To review government, national and local policies and to amend or repeal laws and regulations which create or perpetuate racial discrimination;

To prohibit and put a stop to racial discrimination by persons, groups and organizations; and

To encourage integrationist or multiracial organizations and movements and other means of eliminating barriers between races, as well as to discourage anything which tends to strengthen racial division.

The Convention came into force in 1969 after 27 States had ratified or acceded to it. At the end of 1990, the Convention had been ratified or acceded to by 128 States-more than three-quarters of the membership of the United Nations. It is the oldest and most widely ratified United Nations human rights convention.

Apart from spelling out the obligations of States parties, the Convention established the Committee on the Elimination of Racial Discrimination. The composition, mandate and work of the Committee are described in this Fact Sheet, which also provides, as an annex, the full text of the Convention and the list of States parties.

A pioneering experience

The Committee on the Elimination of Racial Discrimination (CERD) was the first body created by the United Nations to monitor and review actions by States to fulfil their obligations under a specific human rights agreement.

The Third Committee (social, humanitarian and cultural questions) of the United Nations General Assembly decided to include the establishment of CERD in the Convention on the grounds that without the means of implementation, it would not be truly effective.

This was a precedent. Five other committees with comparable constitutions and functions have since been created: the Human Rights Committee (which has responsibilities under the International Covenant on Civil and Political Rights),(1) the Committee on the Elimination of Discrimination against Women, the Committee against Torture(2), the Committee on Economic, Social and Cultural Rights(3), and the Committee on the Rights of the Child.(4)

Procedures

The Convention establishes three procedures to make it possible for CERD to review the legal, judicial, administrative and other steps taken by individual States to fulfil their obligations to combat racial discrimination.

The first is the requirement that all States which ratify or accede to the Convention must submit periodic reports to CERD.

A second procedure in the Convention provides for State-to-State complaints.

The third procedure makes it possible for an individual or a group of persons who claim to be victims of racial discrimination to lodge a complaint with CERD against their State. This may only be done if the State concerned is a party to the Convention and has declared that it recognizes the competence of CERD to receive such complaints. This declaration had been made by 14 States by the end of I 990.(5)

The Convention also provides that States which have made the declaration may establish or indicate a national body competent to receive petitions from individuals or groups who claim to be victims of violations of their rights and who have exhausted other local remedies. Only if petitioners fail to obtain satisfaction from the body indicated may they bring the matter to the Committee's attention.

(In the Programme of Action adopted by the Second World Conference to Combat Racism and Racial Discrimination in 1983, States were asked to make access to their national procedures for dealing with complaints of this kind as easy as possible. The procedures should be publicized and victims of racial discrimination should be helped to make use of them. The rules for making complaints should be simple, and complaints should be dealt with promptly. Legal aid should be available for poor victims of discrimination in civil or criminal proceedings and there should be the right to seek reparation for damages suffered.)

Non-Self-Governing Territories

CERD is charged by the Convention to give opinions and make recommendations on petitions to United Nations bodies from individuals and groups in United Nations Trust Territories and Non-Self Governing Territories who allege racial discrimination. The Committee also gives its views and recommendations on reports provided by other United Nations bodies of legislative, judicial, administrative and other measures to combat racial discrimination in these Territories.

Membership

CERD, in the words of the Convention, is composed of 18 experts of high moral standing and acknowledged impartiality. The members are elected for a term of four years by the States parties to the Convention. Elections take place for half the membership at two-year intervals.

The composition of CERD takes into account a fair representation of the geographical regions of the world, as well as of different civilizations and legal systems.(6)

Autonomy

CERD is an autonomous body. The experts who serve on the Committee are elected in their personal capacity. They can be neither dismissed nor, without their consent, replaced. Under the Convention, they establish their own rules of procedure, and receive no directives from outside. The expenses of Committee members are met by the States parties, not by the United Nations.

The links with the United Nations are, however, clear. The Committee was established under a Convention drafted and adopted by the United Nations. Its secretariat-established in the Centre for Human Rights in Geneva-is provided and paid for by the regular budget of the United Nations. Before any proposal involving expenditure is approved by CERD, the Secretary-General must be consulted. The meetings of the Committee, which were planned to take place twice a year, are usually held at United Nations Headquarters in New York or at the United Nations Office at Geneva.

CERD reports on its activities to the United Nations General Assembly through the Secretary-General, and maintains a dialogue with the Third Committee of the General Assembly. In addition, CERD works in co-operation with the United Nations Trusteeship Council and the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples. CERD also has co-operative arrangements with the International Labour Organization and the United Nations Educational, Scientific and Cultural Organization.

CERD at work

States parties are required to submit comprehensive reports to the Committee every four years, with brief updating reports at intervening two-year periods. When a report comes before the Committee for examination, a representative of the country concerned may introduce it, answer questions from the experts, and comment on the observations they make. The Committee's report to the General Assembly summarizes these proceedings, and offers suggestions and recommendations.

Between 1970 and March 1991, CERD received 882 reports including 73 which it had requested in order to obtain additional information.

From the start, the Committee has had to dispel a number of mistaken ideas about the nature and purpose of these reports. It has pointed out that even if the government believes that racial discrimination does not exist in its territory, the country in question, as a State party to the Convention, must submit comprehensive and other periodic reports.

Another misconception is that the State is not obliged to give effect to the Convention if it believes that racial discrimination does not exist in its territory. CERD has indicated that the Convention is addressed not only to present practices but also to problems which may arise in the future, and that in ratifying the Convention, all States parties have undertaken to put its provisions into national law.

Some reports have given the impression that if the Convention has become part of the supreme law of the country, no further legislative action is necessary. However, the Convention requires legislation to make certain acts punishable and also calls for action in the fields of education, culture and information. Similarly, a State party does not fulfil its obligations under the Convention simply by condemning racial discrimination in the Constitution of the country.

In certain cases, reports have focused on legislative action and neglected judicial, administrative and other steps to eliminate racial discrimination, or have failed to include the texts of anti-discrimination laws.

CERD has provided guidelines to the States parties on the preparation of their reports, and has frequently asked them for additional information. The Committee has also made general recommendations to the States parties when it has found that information on specific articles of the Convention useful to the experts in establishing the facts and summarizing their views is broadly lacking.

State-to-State complaints

All the States parties to the Convention recognize the competence of CERD to receive and act on a complaint by one of them that another is not giving effect to the Convention. However, this procedure does not take the place of others which may be available to the parties concerned. So far, no State party has taken advantage of the procedure, which provides-unless the matter has been settled in another way-for the appointment of a conciliation commission.

Individual communications

The procedure for communications from individuals or groups claiming to be the victims of a violation of the Convention to be received by CERD came into operation in 1982 when 10 States parties had declared that they accepted the Committee's competence in this field.

The Committee brings such communications confidentially to the attention of the State party in question, but does not-without their consent-reveal the identity of the individual or group claiming a violation. When the State has given an explanation of its views and perhaps suggested a remedy, the Committee debates the matter and may make suggestions and recommendations, which are transmitted both to the individual or group concerned and to the State party.

Trust and Non-Self-Governing Territories

Since CERD was established many Non-Self-governing Territories, including some administered by States under United Nations trusteeship agreements, have become independent. Nevertheless, there are still 18 such Territories, and when a petition is made on a question of racial discrimination by any of the populations concerned, CERD has the responsibility of studying it and making a report with recommendations to the General Assembly. The Committee also reports generally on problems of racial discrimination in these Territories.

The mandate of the Committee covers all Non-Self-Governing Territories whether the States which administer them are parties to the Convention or not. Three CERD working groups deal, respectively, with the situation in African Territories; the Atlantic Ocean and Caribbean Territories, including Gibraltar; and Pacific and Indian Ocean Territories.

States parties are not obliged by the Convention to report to CERD on racial discrimination questions in the Non-Self-Governing Territories they administer. Thus, the Committee's information comes mainly from reports prepared for or made by the Trusteeship Council, or the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.

The Committee has often found itself handicapped in arriving at an understanding of problems of racial discrimination in Non-SelfGoverning Territories and in making recommendations for solving them. Many of the reports it receives are primarily concerned with matters other than racial discrimination and the authorities supplying them are not legally bound to adopt or carry out anti-discrimination measures. CERD has repeatedly appealed for more comprehensive information to carry out its responsibilities in this field.

Mobilizing public opinion

A pledge by the States parties to act in the areas of teaching, education, culture and information to combat prejudice and promote understanding, tolerance and friendship among nations and racial or ethnic groups is a feature of the Convention.

The United Nations followed up the International Year for Action to Combat Racism and Racial Discrimination (1971) by instituting, successively, two Decades for Action to Combat Racism and Racial Discrimination (1973-83 and 1983-93). World conferences to Combat Racism and Racial Discrimination were held under United Nations auspices in 1978 and 1983.

As the most widely accepted permanent body created by the United Nations in its efforts to eliminate racial discrimination, CERD has been closely associated with all these initiatives. It is represented at the seminars and workshops on racial discrimination organized by the Centre for Human Rights.

Studies have been published by the Committee as contributions to the Conferences and Decades. These examine measures designed to eradicate incitement to, and acts of, racial discrimination; teaching, education, culture and information as a means of eliminating racial discrimination; and the Committee's own activities.

The impact

The entering into force of the International Convention on the Elimination of All Forms of Racial Discrimination and the periodic review by CERD over the past 20 years of the reports of action taken by the States parties to fulfil their obligations have had positive results. In various countries these included:

Amendments to national constitutions to include provisions prohibiting racial discrimination;

Systematic reviews of existing laws and regulations to amend those which tend to perpetuate racial discrimination, or the passing of new laws to satisfy the requirements of the Convention;

Amendments to the law at the suggestion of CERD;

Making racial discrimination a punishable offence;

Legal guarantees against discrimination in justice, security, political rights, or access to places intended for use by the general public;

Educational programmes;

Creation of new agencies to deal with problems of racial discrimination and to protect the interests of indigenous groups;

Consulting CERD in advance about planned changes in the law or administrative practices, with the indication that its advice will be taken into account.

The fact that States parties are answerable for their policies on racial discrimination in an international forum serves as a spur to action to bring national law and practices into line with the Convention. Over the years, CERD and the States parties have established a situation of mutual trust; the recommendations and requests the Committee makes are generally given serious consideration.

Problem areas

In keeping racial discrimination permanently on the international agenda, the Committee faces two problems which disrupt its work and make it difficult to carry out its mandate. One is the failure of some States parties to submit periodic reports-or their lateness. Various reasons have been given, including the lack of national staff competent in human rights reporting, and the burden of work in meeting international reporting obligations in an increasing number of human rights areas.

The Committee's view is that reports from States parties are the key element in its monitoring task. The fact that racial discrimination persists and is liable to sudden flareups underlines the need for rigorous and regular monitoring.

The second problem is financial. When CERD was established, it was decided that States parties-not the United Nations regular budget-would assume responsibility for the expenses of members of the Committee. This was one means, it was thought, of safeguarding the independence of the experts. Although the amounts due from individual States parties are small, many are late in meeting their commitment. The gap was bridged up to the end of 1985 through the regular budget of the United Nations, but since then the United Nations has not been able to assist due to the financial difficulties and CERD, which should hold two three-week sessions each year has on several occasions had to shorten or cancel them.

Looking forward

The Committee hopes that the United Nations will focus its efforts on making the International Convention on the Elimination of All Forms of Racial Discrimination universal through the accession of all its Member States. The Committee, for its part, will continue to work towards the universal implementation of the Convention.

A second goal is to increase the number of States which declare that they recognize the competence of CERD to receive and consider communications from individuals or groups which claim to be victims of racial discrimination.

In the immediate future, the Committee believes, States parties should do more in four areas. These are:

The passing of laws which punish the dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination, as well as acts of violence and assistance to racist activities; and the prohibition of organizations and activities which promote and incite racial discrimination;

Legislation which guarantees the equality of persons before the law, irrespective of their race, colour, national or ethnic origin;

Legislation which assures protection and remedies against acts of racial discrimination;

Action in the fields of education, teaching, culture and information which will combat prejudice, promote understanding, tolerance and friendship, and spread knowledge of the United Nations Charter and international human rights agreements;

A compilation of existing national laws against racial discrimination is being prepared by the Centre for Human Rights and will be published shortly. Model anti-discrimination legislation is also being drawn up. CERD will have a role in deciding how to give these documents the maximum usefulness in countries which are seeking to apply the Convention.

Annex

A. States parties to the International Convention on the Elimination of All

Forms of Racial Discrimination (128) as at 4 March 1991

Date of receipt of the instrument of ratification or accession

Afghanistan    6 July 1983a 5 August 1983

Algeria          14 February 1972 15 March 1972

Antigua and Barbuda 25 October 1988 b 25 October 1988 b

Argentina       2 October 1968 4 January 1969

Australia       30 September 1975 30 October 1975

Austria         9 May 1972 8 June 1972

Bahamas        5 August 1975b5 August 1975 b

Bahraina        27 March 1990 26 April 1990

Bangladesh     11 June 1979a 11 July 1979

Barbados       8 November 1972a 8 December 1972

Belgium         7 August 1975 6 September 1975

Bolivia          22 September 1970 22 October 1970

Botswana      20 February 1974a 22 March 1974

Brazil 27 March 1968 4 January 1969

Bulgaria         8 August 1966 4 January 1969

Burkina Faso 18 July 1974a 17 August 1974

Burundi         27 October 1977 26 November 1977

Byelorussian Soviet Socialist Republic 8 April 1969 8 May 1969

Cambodia      28 November 1983 28 December 1983

Cameroon      24 June 1971 24 July 1971

Canada          14 October 1970 15 November 1970

Cape Verde    3 October 1979a 2 November 1979

Central African Republic      16 March 1971 15 April 1971

Chad   17 August 1977a 16 September 1977

Chile   20 October 1971 19 November 1971

China 29 December 1981a 28 January 1982

Colombia       2 September 1981 2 October 1981

Congo 11 July 1988a 10 August 1988

Costa Rica     16 January 1967 4 January 1969

Côte d'lvoire   4 January 1973a 3 February 1973

Cuba   15 February 1972 16 March 1972

Cyprus         21 April 1967 4 January 1969

Czechoslovakia         29 December 1966 4 January 1969

Denmark       9 December 1971 8 January 1972

Dominican Republic   25 May 1983 a 24 June 1983

Ecuador         22 September 1966 a 4 January 1969

Egypt 1 May 1967 4 January 1969

El Salvador     30 November 1979a 30 December 1979

Ethiopia        23 June 1976a 23 July 1976

Fiji     11 January 1973 b11January 1973 b

Finland         14 July 1970 13 August 1970

France          28 July 1971a 27 August 1971

Gabon          29 February 1980 30 March 1980

Gambia         29 December 1978a 28 January 1979

Germany       16 May 1969 15 June 1969

Ghana 8 September 1966 4 January 1969

Greece          18 June 1970 18 July 1970

Guatemala      18 January 1983 17 February 1983

Guinea          14 March 1977 13 April 1977

Guyana         15 February 1977 17 March 1977

Haiti   19 December 1972 18 January 1973

Holy See       1 May 1969 31 May 1969

Hungary        1 May 1967 4 January 1969

Iceland          13 March 1967 4 January 1969

India   3 December 1968 4 January 1969

Iran (Islamic Republic of)      29 August 1968 4 January 1969

Iraq     14 January 1970 13 February 1970

Israel   3 January 1979 2 February 1979

Italy    5 January 1976 4 February 1976

Jamaica         4 June 1971 4 July 1971

Jordan          30 May 1974a 29 June 1974

Kuwait         15 October 1968a 4 January 1969

Lao People's Democratic Republic    22 February 1974a 24 March 1974

Lebanon        12 November 197la 12 December 1971

Lesotho         4 November 197la 4 December 1971

Liberia          5 November 1976a 5 December 1976

Libyan Arab Jamahiriya       3 July 1968a 4 January 1969

Luxembourg    1 May 1978 31 May 1978

Madagascar    7 February 1969 9 March 1969

Maldives       24 April 1984a 24 May 1984

Mali    16 July 1974a 15 August 1974

Malta 27 May 1971 26 June 1971

Mauritania     13 December 1988 12 January 1989

Mauritius      30 May 1972a 29 June 1972

Mexico         20 February 1975 22 March 1975

Mongolia       6 August 1969 5 September 1969

Morocco       18 December 1970 17 January 1971

Mozambique 18 April 1983a 18 May 1983

Namibia        11 November 1982a 11 December 1982

Nepal 30 January 1971a 1 March 1971

Netherlands    10 December 1971 9 January 1972

New Zealand 22 November 1972 22 December 1972

Nicaragua       15 February 1978a 7 March 1978

Niger   27 April 1967 4 January 1969

Nigeria          16 October 1967a 4 January 1969

Norway        6 August 1970 5 September 1970

Pakistan        21 September 1966 4 January 1969

Panama         16 August 1967 4 January 1969

Papua New Guinea    27 January 1982a 26 February 1982

Peru    29 September 1971 29 October 1971

Philippines     15 September 1967 4 January 1969

Poland          5 December 1968 4 January 1969

Portugal        24 August 1982 a 23 September 1982

Qatar   22 July 1976 a 21 August 1976

Republic of Korea     5 December 1978a 4 January 1979

Romania        15 September 1970a 15 October 1970

Rwanda         16 April 1975 a 16 May 1975

Saint Lucia     14 February 14 February

Saint Vincent and the Grenadines      9 November 1981a 9 December 1981

Senegal          19 April 1972 a 19 May 1972

Seychelles      7 March 1978 a 6 April 1978

Sierra Leone    2 August 1967 4 January 1969

Solomon Islands        17 March 1982b 17 March 1982b

Somalia         26 August 1975 25 September 1975

Spain   13 September 1968a 4 January 1969

SriLanka        18 February 1982 a 20 March 1982

Sudan 21 March 1977a 20 April 1977

Suriname       15 March 1984 b 15 March 1984b

Swaziland      7 April 1969a 7 May 1969

Sweden         6 December 1971 5 January 1972

Syrian Arab Republic          21 April 1969a 21 May 1969

Togo   1 September 1972a 1 October 1972

Tonga 16 February 1972a 17 March 1972

Trinidad and Tobago 4 October 1973 3 November 1973

Tunisia         13 January 1967 4 January 1969

Uganda         21 November 1980a 21 December 1980

Ukrainian Soviet Socialist Republic   7 March 1969 6 April 1969

Union of Soviet Socialist Republics   4 February 1969 6 March 1969

United Arab Emirates          20 June 1974 a 20 July 1974

United Kingdom of Great Britain

and Northern Ireland 7 March 1969 6 April 1969

United Republic of Tanzania 27 October 1972a 26 November 1972

Uruguay        30 August 1968 4 January 1969

Venezuela      10 October 1967 4 January 1969

Viet Nam       9 June 1982a 9 July 1982

Yemen c

Yugoslavia     2 October 1967 4 January 1969

Zaire   21 April 1976a 21 May 1976

Zambia         4 February 1972 5 march 1972

a/ Accession

b/ Date of receipt of notification of succession.

c/ On 22 May 1990 the People's Democratic Republic of Yemen and the Yemen Arab Republic merged to form a single sovereign State called the Republic of Yemen, with Sana'a as its capital. The People's Democratic Republic of Yemen had acceded to the Convention on 18 October 1972. The Yemen Arab Republic acceded to the Convention on 6 April 1989.

B. States parties that have made the declaration under article 14, paragraph 1, of the Convention

Date of deposit of the declaration

Algeria          12 September 1989 12 September 1989

Costa Rica     8 January 1974 8 January 1974

Denmark       11 October 1985 11 October 1985

Ecuador         18 March 1977 18 March 1977

France          16 August 1982 16 August 1982

Hungary        13 September 1990 13 September 1990

Iceland          10 August 1981 10 August 1981

Italy    5 May 1978 5 May 1978

Netherlands    10 December 1971 9 January 1972

Norway        23 January 1976 23 January 1976

Peru    27 November 1984 27 November 1984

Senegal          3 December 1982 3 December 1982

Sweden         6 December 1971 5 January 1972

Uruguay        11 September 1972 11 September 1972

Notes:

1.       Fact Sheet in preparation. [back to the text]

2.       See Fact Sheet No.4. [back to the text]

3.       Fact Sheet in preparation. [back to the text]

4.       See Fact Sheet No. 10. [back to the text]

5.       Algeria, Costa Rica, Denmark, Ecuador, France, Hungary, Iceland, Italy, Netherlands, Norway, Peru, Senegal, Sweden, and Uruguay. [back to the text]

6.       Experts serving as members of CERD as of I February 1991 were: Mahmoud Aboul-Nasr (Egypt), Hamzat Ahmadu (Nigeria), Michael Parker Banton (United Kingdom), Eduardo Ferrero Costa (Peru), Isi Foighel (Denmark), Ivan Garvalov (Bulgaria), Rdgis de Gouttes (France), George 0. Lamptey (Ghana), Carlos Lechuga Hevia (Cuba), Iouri A. Reshetov (USSR), Jorge Rhenan Segura (Costa Rica), Shanti Sadiq Ali (India), Agha Shahi (Pakistan), Michael E. Sherifis (Cyprus), Song Shuhua (China), Kasimir Vidas (Yugoslavia), Riidiger Wolfrum (Federal Republic of Germany) and Mario Jorge Yutzis (Argentina). [back to the text]

Printed at United Nations, Geneva

May 1991

Country mandates

Independent experts appointed by the Secretary-General on:

         Special Representative of the Secretary-General for human rights in Cambodia

Independent experts appointed by the Secretary-General on:

         Guatemala (assistance in the field of human rights)

         Haiti (the situation of human rights in)

         Somalia (assistance in the field of human rights)

Special Representative of the Commission on Human Rights on the situation of human rights in:

         Iran (the Islamic Republic of)

Special Committee to Investigate

         Israeli Practices affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories

Special Rapporteurs of the Commission on Human Rights on the situation of human rights in:

         Afghanistan

         Burundi

         Cuba

         Democratic Republic of the Congo (former Zaire)

         Equatorial Guinea

         Iraq

         Myanmar

         Occupied Palestine, since 1967 and until now

         Republic of Bosnia and Herzegovina, the state of Bosnia and Herzegovina,

         The Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)

         Rwanda

          Sudan

Country mandates entrusted to the Secretary-General on:

         Bougainville (human rights violations on the Papua New Guinea island of)

         Chechnya of the Russian Federation (the situation of human rights in)

         Cyprus (the question of human rights in)

         East Timor (the situation of human rights in)

         Estonia and Latvia (the situation of human rights in)

         Kosovo (the situation of human rights in)

         Occupied Arab territories, including Palestine (the question of the violation of human rights in)

         Occupied Palestine (situation in)

         Occupied Syrian Golan (human rights in)

         Southern Lebanon and West Bekaa (human rights situation in) In 1947, when the Commission on Human Rights met for the first time, its sole function was to draft the Universal Declaration of Human Rights. That task was accomplished within a year and the Declaration was adopted by the General Assembly on 10 December 1948 (since then 10 December is celebrated annually as "human rights day").

For the first 20 years (1947-1966), the Commission concentrated its efforts on standard-setting. Using the Universal Declaration as the basis, the Commission set about drafting an impressive body of international human rights law, culminating in the adoption by the General Assembly in 1966 of the two human rights covenants, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Together, the Universal Declaration and the two Covenants are commonly referred to as the International Bill of Human Rights.

The standard-setting character of the first 20 years is illustrated by a statement adopted by the Commission in 1947 (and endorsed that year by the Economic and Social Council) to the effect that it "recognized that it had no competence to deal with any complaint about violations of human rights". It was only 20 years later, in 1967, that the Commission was specifically authorized (by the Economic and Social Council, with the encouragement of the General Assembly) to start to deal with violations of human rights. Since then, the Commission has set up an elaborate machinery and procedures, country-oriented or thematic (operating through Special Rapporteurs and working groups), to monitor compliance by States with international human rights law and to investigate alleged violations of human rights, inter alia by dispatching fact-finding missions to countries in all parts of the world, rich and poor, developing and developed countries alike. (It may be of interest, for example, that in 1994 the Special Rapporteur on religious intolerance visited China and the Special Rapporteur on contemporary forms of racism visited the United States of America). During the 1970s and 1980s these implementation and fact-finding machinery and procedures became the focus of the Commission's attention.

In the 1990s, the Commission has increasingly turned its attention to the need of States to be provided with advisory services and technical assistance to overcome obstacles to securing the enjoyment of human rights by all. At the same time more emphasis has been put on the promotion of economic, social and cultural rights, including the right to development and the right to an adequate standard of living. Increased attention is also being given to the protection of the rights of vulnerable groups in society, including minorities and indigenous people and to the protection of the rights of the child and of women, including the eradication of violence against women and the attainment of equal rights for women. The Economic and Social Council, established by the Charter as an intergovernmental body under the authority of the General Assembly, makes studies and recommendations on a broad spectrum of issues, encompassing not only respect for, and observance of, human rights ... for all, but also economic, social, cultural, educational, health and related matters. In addition, it is responsible for the crucial task of coordinating, rationalizing and, to some extent, programming the activities of the United Nations, its autonomous organs and the specialized agencies in all of these sectors.

Between 1946 and 1948, the Council took a number of key institutional decisions concerning human rights. In 1946, pursuant to Article 68 of the Charter, it established the Commission on Human Rights, whose first priority was to elaborate an international bill of rights. That same year, responsibility for issues concerning the status and rights of women, which initially had been assigned to a Subcommission of experts, was transferred to an intergovernmental Commission that reports directly to the Council.

The Economic and Social Council has also addressed a variety of other problems, including genocide, prevention of statelessness, discrimination, protection of minorities, the organization of the 1948 Conference on Freedom of Information, the establishment of the Yearbook on Human Rights and, in cooperation with the International Labour Organization (ILO), the protection of the right to form trade unions and the prevention of forced labour.

(Extracted from: The United Nations Blue Books Series, Volume VII The United Nations and Human Rights, 1945-1995, Sales No. E. 95.I.21)Taken from the United Nations Human Rights Fact Sheet No.2 (Rev.1), The International Bill of Human Rights

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UNIVERSAL DECLARATION OF HUMAN RIGHTS (art. 1),

adopted by General Assembly resolution 217 A (III) of 10 December 1948.

First Optional Protocol

The first Optional Protocol to the International Covenant on Civil and Political Rights enables the Human Rights Committee, set up under that Covenant, to receive and consider communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.

Under article I of the Optional Protocol, a State party to the Covenant that becomes a party to the Protocol recognizes the competence of the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State of any of the rights set forth in the Covenant. Individuals who make such a claim, and who have exhausted all available domestic remedies, are entitled to submit a written communication to the Committee (art. 2).

Such communications as are determined to be admissible by the Committee (in addition to article 2, articles 3 and 5 (2) lay down conditions for admissibility) are brought to the attention of the State party alleged to be violating a provision of the Covenant. Within six months, that State must submit to the Committee written explanations or statements clarifying the matter and indicating the remedy, if any, that it may have applied (art. 4).

The Human Rights Committee considers the admissible communications, at closed meetings, in the light of all written information made available to it by the individual and the State party concerned. It then forwards its views to the State party and to the individual (art. 5).

A summary of the Committee's activities under the Optional Protocol is included in the report which it submits annually to the General Assembly through the Economic and Social Council (art. 6).

Second Optional Protocol

The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, was adopted by the General Assembly by its resolution 44/128 of 15 December 1989. Under its article 1, no one within the jurisdiction of a State party to the Protocol may be executed.

Under article 3 of the Protocol, States parties must include in the reports which they submit to the Human Rights Committee information on measures taken to give effect to the Protocol.

Article 5 of the Second Optional Protocol provides that, with respect to any State party to the first Optional Protocol, the competence of the Human Rights Committee to receive and consider communications from individuals subject to that State's jurisdiction shall extend to the provisions of the Second Optional Protocol, unless the State party concerned has made a statement to the contrary at the moment of ratification or accession.

Under article 6, the provisions of the Second Optional Protocol apply as additional provisions to the Covenant.

Special Rapporteurs and Studies

Working Groups

Impunity Concerning Economic, Social and Cultural Rights

Impunity Concerning civil and Political Rights

Human Rights Dimension of Population Transfer

Human Rights and Income Distribution

Traditional Practices Affecting the Health of Women and Girl Child

Systematic Rape and Sexual Slavery During Armed Conflict

Treaties, Agreements and Other Constructive Arrangements Between States and Indigenous Populations

Indigenous Peoples and Their Relationship to Land

Question of Human Rights and States of Emergency

Privatisation of Prisons

Freedom of Movement

Terrorism and Human Rights

Scientific Progress and Human Rights

Communications (1503 Proc.)

Contemporary Forms of Slavery

Indigenous Populations

Minorities

SECURITY COUNCIL

The Security Council has 15 members. The United Nations Charter designates five States as permanent members, and the General Assembly elects 10 other members for two-year terms. The term of office for each non-permanent member of the Council ends on 31 December of the year indicated in parentheses next to its name.

The five permanent members of the Security Council are China, France, Russian Federation, United Kingdom and the United States.

The 10 non-permanent members of the Council in 1998 are Bahrain (1999), Brazil (1999), Costa Rica (1998), Gabon (1999), Gambia (1999), Japan (1998), Kenya (1998), Portugal (1998), Slovenia (1999) and Sweden (1998). Taken from the United Nations High Commissioner for Human Rights' Fact Sheet No.10 (Rev.1), The Rights of the Child

The World Conference on Human Rights, welcoming the early ratification of the Convention on the Rights of the Child by a large number of States . . . urges universal ratification of the Convention by 1995 and its effective implementation by States parties through the adoption of all the necessary legislative, administrative and other measures and the allocation to the maximum extent of the available resources . . .

VIENNA DECLARATION AND PROGRAMME OF ACTION(Part 1, para.21),

adopted by the World Conference on Human Rights, Vienna, 25 June 1993, (A/CONF. 157/24 (Part 1), chap. 111).

I. A landmark for children and their rights

The Convention on the Rights of the Child was adopted by the General Assembly of the United Nations by its resolution 44/25 of 20 November 1989.(1)

This was the end of a process which had begun with the preparations for the 1979 International Year of the Child. That year, discussions started on a draft convention submitted by the Government of Poland.

Children had been discussed before by the international community. Declarations on the rights of the child had been adopted by both the League of Nations (1924) and the United Nations (1959). Also, specific provisions concerning children had been incorporated in a number of human rights and humanitarian law treaties. Nevertheless, some States argued that there was a need for a comprehensive statement on children's rights which would be binding under international law.

That view was influenced by reports of grave injustices suffered by children: high infant mortality, deficient health care, limited opportunities for basic education. There were also alarming accounts of children being abused and exploited as prostitutes or in harmful jobs, of children in prison or in other difficult circumstances, and of children as refugees and victims of armed conflict.

The drafting of the Convention took place in a working group set up by the United Nations Commission on Human Rights. Government delegates formed the core of the drafting group, but representatives of United Nations bodies and specialized agencies, including the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF) and the World Health Organization (WHO), as well as a number of non-governmental organizations, took part in the deliberations. The original draft submitted by the Polish Government was extensively amended and expanded through the long discussions.

The unanimous adoption of the Convention by the General Assembly paved the way for the next stage: ratifications by States and the setting up of a monitoring committee. Within less than a year, by September 1990, 20 States had legally endorsed the Convention, which thereby entered into force.

In the same month, the World Summit for Children was held in New York on the initiative of UNICEF and six States (Canada, Egypt, Mali, Mexico, Pakistan and Sweden). The Summit encouraged all States to ratify the Convention. By the end of 1990, 57 had done so, thereby becoming States parties. In 1993, the World Conference on Human Rights held at Vienna declared that the goal was universal ratification by the end of 1995. By 31 December 1995, no less than 185 countries had indeed ratified the Convention. This number is unprecedented in the field of human rights.(2)

The Convention on the Rights of the Child has the same meaning for people In all parts of the world. While laying down common standards, the Convention takes into account the different cultural, social, economic and political realities of individual States so that each State may seek its own means to implement the rights common to all.

There are four general principles enshrined in the Convention. These are meant to help with the interpretation of the Convention as a whole and thereby guide national programmes of implementation. The four principles are formulated, in particular, in articles 2, 3, 6 and 12.

. Non-discrimination (art. 2): States parties must ensure that all children within their Jurisdiction enjoy their rights. No child should suffer discrimination. This applies to every child, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

The essential message is equality of opportunity. Girls should be given the same opportunities as boys. Refugee children, children of foreign origin, children of indigenous or minority groups should have the same rights as all others. Children with disabilities should be given the same opportunity to enjoy an adequate standard of living.

. Best interests of the child (art. 3): When the authorities of a State take decisions which affect children, the best interests of children must be a primary consideration. This principle relates to decisions by courts of law, administrative authorities, legislative bodies and both public and private social-welfare institutions. This is, of course, a fundamental message of the Convention, the implementation of which is a major challenge.

. The right to life, survival and development (art. 6): The right-to-life article includes formulations about the right to survival and to development, which should be ensured to the maximum extent possible. The term development in this context should be interpreted in a broad sense, adding a qualitative dimension: not only physical health is intended, but also mental, emotional, cognitive, social and cultural development.

. The views of the child (art 12): Children should be free to have opinions in all matters affecting them, and those views should be given due weight in accordance with the age and maturity of the child. The underlying idea is that children have the right to be heard and to have their views taken seriously, including in any judicial or administrative proceedings affecting them.

Highlights of the Convention

-        Every child has the inherent right to life, and States shall ensure to the maximum child survival and development.

-        Every child has the right to a name and nationality from birth.

-        Children shall not be separated from their parents, except by competent authorities for their well-being.

-        States shall facilitate reunification of families by permitting travel into, or out of, their territories.

-        Parents have the primary responsibility for a child's upbringing, but States shall provide them with appropriate assistance and develop child-care institutions.

-        States shall protect children from physical or mental harm and neglect, including sexual abuse or exploitation.

-        States shall provide parentless children with suitable alternative care. The adoption process shall be carefully regulated and international agreements should be sought to provide safeguards and assure legal validity if and when adoptive parents intend to move a child from his or her country of birth.

-        Disabled children shall have the right to special treatment, education and care.

-        Children are entitled to the highest attainable standard of health. States shall ensure that health care is provided to all children, placing emphasis on preventive measures, health education and reduction of infant mortality.

-        Primary education shall be free and compulsory. Discipline in schools shall respect the child's dignity. Education should prepare the child for life in a spirit of understanding, peace and tolerance.

-        Children shall have time to rest and play and equal opportunities for cultural and artistic activities.

-        States shall protect children from economic exploitation and from work that may interfere with their education or be harmful to their health or well-being.

-        States shall protect children from the illegal use of drugs and involvement in drug production or trafficking.

-        All efforts shall be made to eliminate the abduction and trafficking of children.

-        Capital punishment or life imprisonment shall not be imposed for crimes committed before the age of 18.

-        Children in detention shall be separated from adults; they must not be tortured or suffer cruel or degrading treatment.

-        No child under 15 shall take any part in hostilities; children exposed to armed conflict shall receive special protection.

-        Children of minority and indigenous populations shall freely enjoy their own culture, religion and language.

-        Children who have suffered mistreatment, neglect or exploitation shall receive appropriate treatment or training for recovery and rehabilitation.

-        Children involved in infringements of the penal law shall be treated in a way that promotes their sense of dignity and worth and aims at reintegrating them into society.

-        States shall make the rights set out in the Convention widely known to both adults and children.

II. Constructive monitoring

A number of international human rights bodies contribute to improving respect for the rights of the child in their particular areas of competence. In addition to the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and its Working Group on Contemporary Forms of Slavery, which deals with aspects of the exploitation and mistreatment of children, relevant international human rights bodies include the following:

-        Human Rights Committee;

-        Committee on Economic, Social and Cultural Rights:

-        Committee on the Elimination of Racial Discrimination;

-        Committee on the Elimination of Discrimination against Women;

-        Committee against Torture.

These five committees are commonly referred to as treaty bodies, since they were established to monitor the implementation of particular United Nations human rights treaties by States which have ratified or acceded to the instruments in question. The creation of the Committee on the Rights of the Child, established under article 43 of the Convention, reinforced the activities of these bodies on behalf of children.

Committee on the Rights of the Child

In early 1991, a meeting of representatives of States parties to the Convention on the Rights of the Child was convened for the first election to its monitoring body: the Committee on the Rights of the Child. Some 40 candidates had been nominated for the 10 seats. The experts elected on this first occasion came from Barbados, Brazil, Burkina Faso, Egypt, Peru, the Philippines, Portugal, the former Soviet Union, Sweden and Zimbabwe. Six were women, four men. They represented a variety of professional backgrounds, including human rights and international law, juvenile justice, social work, medicine, journalism and governmental and non-governmental work.

The Committee on the Rights of the Child currently holds three sessions a year, each of four weeks' duration. The last week is always reserved for preparation of the next session. The Committee is serviced by the United Nations Centre for Human Rights in Geneva.

Under article 44 of the Convention, States parties accept the duty to submit regular reports to the Committee on the steps they have taken to put the Convention into effect and on progress in the enjoyment of children's rights in their territories. First implementation reports are to be submitted within two years of ratification of or accession to the Convention and thereafter every five years. The first initial reports were due in September 1992. More than 70 State reports had reached the Committee by December 1995.

At its first session, in October 1991, the Committee adopted guidelines to help States parties writing and structuring their initial reports.(3) Governments are recommended to prepare their reports according to these guidelines, which stress that the report should indicate factors and difficulties encountered by the State in the implementation of the Convention-in other words, that it should be problem-oriented and self-critical. States are also asked to specify implementation priorities and specific goals for the future. Relevant legal texts and statistical data are to be submitted with the report.

In establishing its procedures, the Committee has emphasized the importance of a constructive dialogue with government representatives. In this context, it has also made clear that it seeks close cooperation with relevant United Nations bodies and specialized agencies, as well as with other competent bodies, including non-governmental organizations.

Working procedure

A working group of the Committee meets prior to each of its sessions for a preliminary examination of reports received from States parties, and to prepare the Committee's discussions with the representatives of reporting States. In addition to State reports, the working group considers information provided by other human rights treaty bodies. The Committee also receives information from mechanisms established by the Commission on Human Rights to investigate human rights problems in specific countries or on thematic issues, for example the Special Rapporteurs on torture, on extrajudicial, summary or arbitrary executions, and on violence against women. A key partner in this context is the Special Rapporteur on the sale of children, child prostitution and child pornography.

General discussions and studies

A procedural innovation was introduced by the Committee in January 1993 when it recommended to the General Assembly that it request the Secretary-General to undertake a study on the protection of children in armed conflicts. This request was the result of a full-day general discussion on the subject organized by the Committee in 1992, in which United Nations bodies and non-governmental organizations were invited to participate.

General discussions have since been held on economic exploitation of children, on the rights of the child in the family context, on the rights of the girl child, and on juvenile justice. Such thematic discussions are held about once a year and may lead to requests for studies, but can also serve as a basis for work on interpreting the articles of the Convention.

United Nations bodies and specialized agencies may take part in the deliberations of the working group and provide information. On the basis of written information received from relevant non-governmental organizations, the Committee has also often invited such organizations to take part in the preparatory meetings on State reports.

The end result of the pre-sessional working group's discussion on a State report is a list of issues. This list, which gives a preliminary indication of the issues which the Committee considers to be priorities for discussion, is sent to the Government concerned with an invitation to participate in a forthcoming plenary session of the Committee at which its report will be considered. The Government is invited to respond to the issues in writing, before the session.

This approach gives Governments the opportunity better to prepare themselves for the discussion with the Committee. Other points not included in the list of issues may emerge during the discussion, which is one reason why the Committee prefers to discuss with high level officials, such as ministers or deputy ministers, rather than with representatives who lack the authority to make decisions.

Discussions with States parties are concrete and detailed, and tend to deal with both results and processes. Although all Committee members usually take part in the deliberations, in most cases two members take the lead on each country as rapporteurs .

At the very end of the process, the Committee adopts concluding observations, which are a statement on its consideration of a State's report. Concluding observations are meant to be widely publicized in the State party and to serve as the basis for a national debate on how to improve the enforcement of the provisions of the Convention. They therefore constitute an essential document: Governments are expected to implement the recommendations contained therein.

Notes are taken at the meetings of the Committee. The United Nations publishes both press releases on the discussions and more detailed summary records of the proceedings. The Committee encourages the publication of the State party's report, the summary records and the concluding observations on each country as a consolidated document. Some Governments whose reports have already been discussed have undertaken to do so.

The whole process of discussion of States parties' reports is designed to promote public debate. The Committee's discussions are normally open to the public; only the preparatory discussions of the pre-sessional working group and the drafting of the Committee's concluding observations are conducted in private. Likewise, it is important that the national reporting procedure be open and transparent; the Committee encourages such an approach.

The reporting procedure is constructive and oriented towards intemational cooperation and exchange of information. The aim is to define problems and discuss what corrective measures should be taken. The Committee can also transmit requests for assistance to the specialized United Nations bodies and agencies, including UNHCR, ILO, UNICEF, WHO, the United Nations Educational, Scientific and Cultural Organization (UNESCO) and other competent bodies.

Urgent procedure

There is no procedure outlined in the Convention for individual complaints from children or their representatives. The Committee may, however, request further information relevant to the implementation of the Convention (art. 44, para. 4). Such additional information may be requested from Governments if, for instance, there are indications of serious problems.

III.Making children's rights a reality

General measures of implementation

In drafting its reporting guidelines for States, the Committee on the Rights of the Child placed emphasis on concrete implementation measures which would make a reality of the principles and provisions of the Convention. More specifically, the Committee paid special attention to necessary reforms within the spirit of the Convention and procedures for constant scrutiny of progress.

Under article 4 of the Convention, States parties are required to undertake all appropriate legislative, administrative and other measures to implement the Convention. With regard to economic, social and cultural rights, they must undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international cooperation.

An early step in the implementation process is for a State party to review its legislation and ensure that laws are consistent with the Convention. For instance, laws are needed for the protection of children against exploitation, in both the formal and informal labour market, and to ensure free and compulsory primary education.

Mechanisms may be introduced at the national and local levels to coordinate policies and monitor the implementation of the Convention, including through an ombudsman's office. The political decision-making process is important. What procedures are there to ensure that children's affairs are taken seriously in all relevant governmental structures, as well as in both the parliament and local assemblies? Are there opportunities for children themselves and their representatives to make themselves heard?

The gathering of reliable and relevant information on the situation of children is another important step to be taken. With precise data, discussions regarding remedies will be better informed and focused. Improvement of the capacity of the national statistical office can therefore be an essential contribution to the implementation of the Convention.

Other means of genuine realization of the principles and rights enshrined in the Convention are education and training of personnel working with children, such as nursery school and other teachers, child psychologists, paediatricians and other health personnel, the police and other law enforcement personnel, social workers and others. A broader awareness and knowledge of the Convention among people at large can also serve as a basis for implementation. It is an obligation under the Convention (art. 42) for States parties to disseminate such information-to both children and adults-in understandable languages. States' reports on implementation must also be made widely available to the public (art. 44, para. 6).

What is meant by the wording that States should implement economic, social and cultural rights to the maximum extent of their available resources (art. 4)? How does the Convention relate to financial constraints?

The Convention recognizes that some of the more costly reforms cannot take place overnight. It specifies, for instance, that the rights to health care (art. 24) and education (art. 28) may be achieved progressively. It also makes it clear that there is an international duty to assist other States in their efforts to protect children's rights-although each State party always has its own obligations. Rich or poor, a State must allocate the maximum extent of its available resources for the implementation of the Convention: priority should be given to children.

Donor countries are encouraged to review their development cooperation programmes in the light of the Convention. At the same time, developing countries may identify a need for international cooperation in their reports on their implementation of the Convention.

Advisory services

The Convention on the Rights of the Child and the Committee on the Rights of the Child attach special importance to international cooperation and assistance as ways of achieving the effective protection of children's rights. Article 45 (b) authorizes the Committee to transmit to the relevant agencies and bodies any reports from States parties that contain a request or indicate a need for technical advice or assistance, along with the Committee's observations and suggestions. The Committee often makes recommendations for technical cooperation in its concluding observations addressed to States parties as an outcome of the reporting dialogue.

The United Nations High Commissioner for Human Rights, whose mandate includes the enhancement of international cooperation for the promotion and protection of all human rights, is providing assistance in this regard and encourages Governments to respond favourably to the Committee's recommendations.

ANNEX III

General guidelines regarding the form and contents of initial reports to be submitted by States parties under article 44, paragraph 1 (a), of the Convention on the Rights of the Child(4)

INTRODUCTION

1.       Article 44, paragraph 1, of the Convention on the Rights of the Child provides that:

States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made on the enjoyment of those rights:

(a)      Within two years of the entry into force of the Convention for the State Party concerned;

(b)      Thereafter every five years.

2.       Article 44 of the Convention further provides, in paragraph 2, that reports submitted to the Committee on the Rights of the Child shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the Convention and shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned.

3.       The Committee believes that the process of preparing a report for submission to the Committee offers an important occasion for conducting a comprehensive review of the various measures undertaken to harmonize national law and policy with the Convention and to monitor progress made in the enjoyment of the rights set forth in the Convention. Additionally, the process should be one that encourages and facilitates popular participation and public scrutiny of government policies.

4.       The Committee considers that the reporting process entails an ongoing reaffirmation by States parties of their commitment to respect and ensure observance of the rights set forth in the Convention and serves as the essential vehicle for the establishment of a meaningful dialogue between the States parties and the Committee.

5. The general part of States parties' reports, relating to matters that are of interest to monitoring bodies under various international human rights instruments, should be prepared in accordance with the Consolidated guidelines for the initial part of the reports of States parties, as contained in document HRI/1991/1. The present guidelines, which were adopted by the Committee on the Rights of the Child at its 22nd meeting, held on 15 October 1991, should be followed in the preparation of the initial reports of States parties relating to the implementation of the Convention on the Rights of the Child.

6.       The Committee intends to formulate guidelines for the preparation of periodic reports that are to be submitted pursuant to article 44, paragraph 1(b), of the Convention in due course.

7.       Reports should be accompanied by copies of the principal legislative and other texts as well as detailed statistical information and indicators referred to therein, which will be made available to members of the Committee. It should be noted, however, that for reasons of economy they will not be translated or reproduced for general distribution. It is desirable, therefore, that when a text is not actually quoted in or annexed to the report itself, the report should contain sufficient information to be understood without reference to those texts.

8.       The provisions of the Convention have been grouped under different sections, equal importance being attached to all the rights recognized by the Convention.

I. GENERAL MEASURES OF IMPLEMENTATION

9.       Under this section, States parties are requested to provide relevant information pursuant to article 4 of the Convention, including information on:

(a)      The measures taken to harmonize national law and policy with the provisions of the Convention;

(b)      Existing or planned mechanisms at the national or local level for coordinating policies relating to children and for monitoring the implementation of the Convention.

10.     In addition, States parties are requested to describe the measures that have been taken or are foreseen, pursuant to article 42 of the Convention, to make the principles and provisions of the Convention widely known, by appropriate and active means, to adults and children alike.

11.     States parties are also requested to describe those measures undertaken or foreseen, pursuant to article 44, paragraph 6, of the Convention, to make their reports widely available to the public at large in their own countries.

II. DEFINITION OF THE CHILD

12.     Under this section, States parties are requested to provide relevant information, pursuant to article 1of the Convention, concerning the definition of a child under their laws and regulations. In particular, States parties are requested to provide information on the age of attainment of majority and on the legal minimum ages established for various purposes, including legal or medical counselling without parental consent, end of compulsory education, part-time employment, full-time employment, hazardous employment, sexual consent, marriage, voluntary enlistment into the armed forces, conscription into the armed forces, voluntarily giving testimony in court, criminal liability, deprivation of liberty, imprisonment and consumption of alcohol or other controlled substances.

III. GENERAL PRINCIPLES

13.     Relevant information, including the principal legislative, judicial, administrative or other measures in force or foreseen, factors and difficulties encountered and progress achieved in implementing the provisions of the Convention, and implementation priorities and specific goals for the future, should be provided in respect of:

(a)      Non-discrimination (art. 2);

(b)      Best interests of the child (art. 3);

(c) The right to life, survival and development (art. 6);

(d) Respect for the views of the child (art. 12).

14.     In addition, States parties are encouraged to provide relevant information on the application of these principles in the implementation of articles listed elsewhere in these guidelines.

IV. CIVIL RIGHTS AND FREEDOMS

15. Under this section, States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force; factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention; and implementation priorities and specific goals for the future, in respect of:

(a)      Name and nationality (art. 7);

(b)      Preservation of identity (art. 8);

(c)      Freedom of expression (art. 13);

(d)      Access to appropriate information (art. 17);

(e)      Freedom of thought, conscience and religion (art. 14);

(f)      Freedom of association and of peaceful assembly (art. 15);

(g)      Protection of privacy (art. 16);

(h)      The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment (art. 37 (a)).

V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE

16.     Under this section, States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force, particularly how the principles of the best interests of the child and respect for the views of the child are reflected therein; factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention; and implementation priorities and specific goals for the future, in respect of:

(a)      Parental guidance (art. 5);

(b)      Parental responsibilities (art. 18, paras. I and 2);

(c)      Separation from parents (art. 9);

(d)      Family reunification (art. 10);

(e)      Recovery of maintenance for the child (art. 27, para. 4);

(f)      Children deprived of a family environment (art. 20);

(g)      Adoption (art. 21);

(h)      Illicit transfer and non-retum (art. 11);

(i)      Abuse and neglect (art. 19), including physical and psychological recovery and social reintegration (art. 39);

(j)      Periodic review of placement (art. 25).

17.     In addition, States parties are requested to provide information on the numbers of children per year within the reporting period in each of the following groups, disaggregated by age group, sex, ethnic or national background and rural or urban environment: homeless children, abused or neglected children taken into protective custody, children placed in foster care, children placed in institutional care, children placed through domestic adoption, children entering the country through intercountry adoption procedures and children leaving the country through intercountry adoption procedures.

18.     States parties are encouraged to provide additional relevant statistical information and indicators relating to children covered in this section.

VI. BASIC HEALTH AND WELFARE

19.     Under this section, States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force; the institutional infrastructure for implementing policy in this area, particularly monitoring strategies and mechanisms; and factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention, in respect of:

(a)      Survival and development (art. 6, para. 2);

(b)      Disabled children (art. 23);

(c)      Health and health services (art. 24);

(d)      Social security and child-care services and facilities (art. 26 and art. 18, para. 3);

(e)      Standard of living (art. 27, paras. 1-3).

20.     In addition to information provided under paragraph 9 (b) of these guidelines, States parties are requested to specify the nature and extent of cooperation with local and national organizations of a governmental or non-governmental nature, such as institutions of social workers, concerning the implementation of this area of the Convention. States parties are encouraged to provide additional relevant statistical information and indicators relating to children covered in this section.

VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES

21.     Under this section, States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force; the institutional infrastructure for implementing policy in this area, particularly monitoring strategies and mechanisms; and factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention, in respect of:

(a)      Education, including vocational training and guidance (art. 28);

(b)      Aims of education (art. 29);

(c)      Leisure, recreation and cultural activities (art. 31).

22.     In addition to information provided under paragraph 9 (b) of these guidelines, States parties are requested to specify the nature and extent of cooperation with local and national organizations of a governmental or non-governmental nature, such as institutions of social workers, concerning the implementation of this area of the Convention. States parties are encouraged to provide additional relevant statistical information and indicators relating to children covered in this section.

VIII. SPECIAL PROTECTION MEASURES

23.     Under this section, States parties are requested to provide relevant information, including the principal legislative, judicial, administrative or other measures in force; factors and difficulties encountered and progress achieved in implementing the relevant provisions of the Convention; and implementation priorities and specific goals for the future, in respect of:

(a)      Children in situations of emergency:

(i)      Refugee children (art. 22);

(ii)      Children in armed conflicts (art. 38), including physical and psychological recovery and social reintegration (art. 39);

(b)      Children in conflict with the law:

(i) The administration of juvenile justice (art. 40);

(ii) Children deprived of their liberty, including any form of detention, imprisonment or placement in custodial settings (art. 37 (b), (c) and (d));

(iii) The sentencing of juveniles, in particular the prohibition of capital punishment and life imprisonment (art. 37 (a));

(iv) Physical and psychological recovery and social reintegration (art. 39);

(c)      Children in situations of exploitation, including physical and psychological recovery and social reintegration (art. 39):

(i)      Economic exploitation, including child labour (art. 32);

(ii) Drug abuse (art. 33);

(iii) Sexual exploitation and sexual abuse (art. 34);

(iv) Other forms of exploitation (art. 36);

(v)      Sale, trafficking and abduction (art. 35);

(d) Children belonging to a minority or an indigenous group (art. 30).

24.     Additionally, States parties are encouraged to provide specific statistical information and indicators relevant to the children covered by paragraph 23.

Notes:

1.       For the text of the Convention, see annex I. [back to the text]

2.       For a list of States parties as at 15 October 1996, see annex II. [back to the text]

3.       See annex III. [back to the text]

4.Adopted by the Committee on the Rights of the Child at its first session, in October 1991 (see Official Records of the General Assembly, Forty-seventh Session, Supplement No. 41 (A/47/41), annex III). [back to the text]Thematic mandates

Representative of the Secretary-General on:

         Internally displaced persons

Special Rapporteurs on:

         Adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights

         Contemporary forms of racism, racial discrimination, xenophobia and related intolerance

         Extrajudicial, summary or arbitrary executions

         Independence of judges and lawyers

         Promotion and protection of the right to freedom of opinion and expression

         Religious intolerance

         Sale of children, child prostitution and child pornography

         Torture

         Use of mercenaries as a means of impeding the exercise of the right of peoples to self-determination

         Violence against women, its causes and consequences

Working Groups on:

         Arbitrary Detention

         Enforced or Involuntary Disappearances

Thematic mandates entrusted to the Secretary-General on:

         Cooperation with representatives of United Nations human rights bodies (reprisals)

         Forensic science (human rights and)

         Mass exoduses (human rights and)

         Protection and promotion of fundamental human rights and freedoms in the context of HIV/AIDS

         Question of enforced or involuntary disappearances

         Rape and abuse of women in the areas of armed conflict in the former Yugoslavia, particularly in the Republic of Bosnia and Herzegovina

         Terrorism (human rights and)

         Thematic procedures (human rights and)The Economic and Social Council was established by the Charter as the principal organ, under the authority of the General Assembly, to promote: (a) higher standards of living, full employment, and conditions of economic and social progress and development; (b) solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and (c) universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. [sub-paragraphs a, b, and c of Article 55].

Functions and powers

The functions and powers of the Economic and Social Council are:

•        to serve as the central forum for the discussion of international economic and social issues of a global or inter-disciplinary nature and the formulation of policy recommendations on those issues addressed to Member States and to the United Nations system;

•        to make or initiate studies and reports and make recommendations on international economic, social, cultural, educational, health and related matters;

•        to promote respect for, and observance of, human rights and fundamental freedoms;

•        to call international conferences and prepare draft conventions for submission to the General Assembly on matters falling within its competence;

•        to negotiate agreements with the specialized agencies defining their relationship with the United Nations;

•        to coordinate the activities of the specialized agencies by means of consultations with and recommendations to them and by means of recommendations to the General Assembly and the Members of the United Nations;

•        to perform services, approved by the Assembly, for Members of the United Nations and, on request, for the specialized agencies;

•        to consult with non-governmental organizations concerned with matters with which the Council deals.

Members

The Economic and Social Council has 54 members, elected for three-year terms by the General Assembly. The term of office for each member expires on 31 December of the year indicated in parentheses next to its name. In 1998, the Council is composed of the following States:

Algeria (2000), Argentina (1998), Bangladesh (1998), Belarus (2000), Belgium (2000), Brazil (2000), Canada (1998), Cape Verde (1999), Central African Republic (1998), Chile (1999), China (1998), Colombia (2000), Comoros (2000), Cuba (1999), Czech Republic (1998), Djibouti (1999), El Salvador (1999), Finland (1998), France (1999), Gabon (1998), Gambia (1999), Germany (1999), Guyana (1998), Iceland (1999), India (2000), Italy (2000), Japan (1999), Jordan (1998), Latvia (1999), Lebanon (1998), Lesotho (2000), Mauritius (2000), Mexico (1999), Mozambique (1999), New Zealand (2000), Nicaragua (1998), Oman (2000), Pakistan (2000), Poland (2000), Republic of Korea (1999), Romania (1998), Russian Federation (1998), Saint Lucia (2000), Sierra Leone (2000), Spain (1999), Sri Lanka (1999), Sweden (1998), Togo (1998), Tunisia (1998), Turkey (1999), United Kingdom (1998), United States (2000), Vietnam (2000), and Zambia (1999).

Voting in the Council is by simple majority; each member has one vote.

Sessions

The Economic and Social Council generally holds one five-to-six-week long substantive session each year, alternating between New York and Geneva, and one organizational session in New York. The substantive session includes a high-level special meeting, attended by Ministers and other high officials, to discuss major economic and social issues. The year-round work of the Council is carried out in its subsidiary bodies -- commissions and committees -- which meet at regular intervals and report back to the Council.

Other programmes and bodies

Other programmes and bodies also deal with social and economic issues. Among them are the United Nations Children's Fund, the Office of the United Nations High Commissioner for Refugees, the World Food Programme, theUnited Nations Conference on Trade and Development, the United Nations Development Programme, the United Nations Environment Programme and the United Nations International Drug Control Programme. Often financed only by voluntary contributions, they report to the Economic and Social Council and/or to the General Assembly.

Relations with non-governmental organizations

Under the Charter, the Economic and Social Council may consult with non-governmental organizations (NGOs) concerned with matters within the Council's competence. The Council recognizes that these organizations should have the opportunity to express their views, and that they possess special experience or technical knowledge of value to the Council's work.

Over 1,500 non-governmental organizations have consultative status with the Council. They are classified into three categories: category I organizations are those concerned with most of the Council's activities; category II organizations have special competence in specific areas; and organizations on the Roster are those that can make an occasional contribution to the Council, its subsidiary organs or other United Nations bodies.

NGOs with consultative status may send observers to public meetings of the Council and its subsidiary bodies and may submit written statements relevant to the Council's work. They may also consult with the United Nations Secretariat on matters of mutual concern.

--------------------------------------------------------------------------------

Sources:

-- Basic Facts About the United Nations, Sales No. E.95.I.31.
-- Press Release ORG/1261, 5 January 1998 Under the Charter, the functions and powers of the General Assembly include:

•        to consider and make recommendations on cooperation in the maintenance of international peace and security, including disarmament and arms regulation;

•        to discuss any question relating to international peace and security and, except where a dispute or situation is being discussed by the Security Council, to make recommendations on it;

•        to discuss and, with the same exception, make recommendations on any question within the scope of the Charter or affecting the powers and functions of any organ of the United Nations;

•        to initiate studies and make recommendations to promote international political cooperation, the development and codification of international law; the realization of human rights and fundamental freedoms for all, and international collaboration in economic, social, cultural, educational and health fields;

•        to make recommendations for the peaceful settlement of any situation, regardless of origin, which might impair friendly relations among nations;

•        to receive and consider reports from the Security Council and other United Nations organs;

•        to consider and approve the United Nations budget and to apportion the contributions among Members;

•        to elect the non-permanent members of the Security Council, the members of the Economic and Social Council and those members of the Trusteeship Council that are elected; to elect jointly with the Security Council the Judges of the International Court of Justice; and, on the recommendation of the Security Council, to appoint the Secretary-General.

Under the "Uniting for peace" resolution adopted by the General Assembly in November 1950, the Assembly may take action if the Security Council, because of a lack of unanimity of its permanent members, fails to act in a case where there appears to be a threat to the peace, breach of the peace or act of aggression. The Assembly is empowered to consider the matter immediately with a view to making recommendations to Members for collective measures, including, in the case of a breach of the peace or act of aggression, the use of armed force when necessary to maintain or restore international peace and security.The Security Council is the United Nations organ to which Article 24 of the Charter entrusts the primary responsibility for the maintenance of international peace and security.

Article 34 of the Charter stipulates that the Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. Such situations too often stem in part from, or are accompanied by, massive and persistent human rights violations. It is primarily from this perspective that the Council may find itself concerned with human rights problems. In extreme cases, moreover, the Council may determine that a situation characterized by particularly serious human rights violations constitutes a threat to the peace under Article 39 of the Charter, leading if necessary to enforcement measures on the part of the United Nations.

The Council has the final voice in these matters. It is especially with regard to apartheid, and, in particular, massacres under the apartheid regime, that the Security Council has invoked international human rights standards.

(Extracted from: The United Nations Blue Books Series, Volume VII The United Nations and Human Rights, 1945-1995, Sales No. E. 95.I.21)

Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.