Credit: OHCHR
The Committee on Economic, Social and Cultural Rights (CESCR) is holding its 54th session from February 23 to March 6 in Geneva, Switzerland. During the session, this United Nations human rights treaty body will review State reports submitted by the Gambia, Paraguay, and Tajikistan concerning their implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The CESCR highlighted the need to protect the economic, social, and cultural rights of disadvantaged populations and isolated communities in its list of issues for each country, and also particularly addressed unemployment, corruption, and violence against women and children. Prior to the State reviews, the CESCR met with civil society organizations and national human rights institutions to receive their input on the country reports. On the opening day of the session, the CESCR elected new leadership. [OHCHR Press Release]
The provisional agenda, State reports, lists of issues identified by the Committee, civil society reports, and other relevant documents submitted for these three countries’ reviews are available on the webpage for the CESCR’s 54th session.
The Gambia
The Gambia submitted its initial report to the CESCR on May 9, 2012. See CESCR, Initial reports of States parties due in 1990: Gambia, UN Doc. E/C.12/GMB/1, 9 May 2012. During its 53rd pre-sessional working group, held from May 26 to May 30, 2014, the CESCR considered the Gambia’s State report and the Global Initiative to End All Corporal Punishment of Children’s alternative report regarding the legality of corporal punishment of children in the Gambia.
In its list of issues for the Gambia to respond to as part of its review, the CESCR asked for clarification on the Gambia’s implementation of the ICESCR’s protections in the State’s domestic legal system and on public awareness of these rights within the country. The Gambia was asked to provide information on its practices to combat corruption and promote gender equality. The CESCR requested information on measures taken to reduce unemployment, implement a national minimum wage, address sexual harassment in the workplace, protect collective bargaining mechanisms, ensure social security coverage, eliminate child marriage and child labor, and reduce domestic violence and violence against children. It also requested that the Gambia share measures taken to ensure that: the population’s nutritional needs are met; employment improves; basic infrastructure and services reach vulnerable populations; the right to health can be enjoyed, especially among women and children; there is access to education; and that isolated communities enjoy cultural participation. See CESCR, List of issues in relation to the initial report of the Gambia, UN Doc. E/C.12/GMB/Q/1, 25 June 2014.
Two civil society organizations submitted alternative reports on the Gambia’s implementation of economic, social, and cultural rights for consideration during the ongoing CESCR session. The Human Rights Tobacco Control Network’s report reviews and suggests methods to better the Gambia’s tobacco control and evaluation of its programs protecting the right to health. See Human Rights Tobacco Control Network, Tobacco Control and the Right to Health – Gambia, Submission to the Committee on Economic, Social and Cultural Rights 54th Working Group, 23 Feb 2015 – 06 Mar 2015 (2015). The International Baby Food Action Network’s report identifies statistics and governmental policies relevant to the rights to health and food in the context of Gambian women’s breastfeeding practices. See International Baby Food Action Network, Report on the Situation of Infant and Young Child Feeding in The Gambia, The Committee on Economic, Social and Cultural Rights: Session 54 / February 2015 (2015).
Paraguay
Paraguay submitted its fourth periodic report to the CESCR on October 6, 2011. See CESCR, Fourth periodic reports of States parties due in 2011: Paraguay, UN Doc. E/C.12/PRY/4, 6 October 2011. At its 53rd session, the pre-sessional working group adopted its list of issues in response to Paraguay’s report.
Amnesty International and the Global Initiative to End All Corporal Punishment of Children submitted alternative reports for review by the pre-sessional working group. Amnesty International’s briefing addressed the State’s efforts to non-discriminatorily protect and enforce economic, social, and cultural rights. See Amnesty International, Paraguay, Briefing to the Pre-Sessional Working Group of the UN Committee on Economic, Social and Cultural Rights, 53th Session May 2014 (2014). The Global Initiative to End All Corporal Punishment of Children’s briefing on Paraguay recommended that the CESCR investigate the State’s progress in prohibiting corporal punishment in all environments. See Global Initiative to End All Corporal Punishment of Children, Briefing on Paraguay for the Committee on Economic, Social and Cultural Rights, Pre-Sessional Working Group 26-30 May 2014 (2014).
The CESCR’s list of issues included requests for information about Paraguay’s implementation of the ICESCR’s protections in judicial decisions and legislation, as well as the degree to which the State is incorporating these rights into its National Development Plan. It also asked Paraguay to describe measures taken to address concerns relating to: indigenous land rights, public corruption, women’s participation in public life, high rates of underemployment, forced labor, access to social security, child labor, poverty and undernourishment, forced evictions, infant and maternal mortality, and the “high rate of illiteracy among the indigenous and among persons with disabilities.” See CESCR, List of Issues in Relation to the Fourth Periodic Report of Paraguay, UN Doc. E/C.12/PRY/Q.4, 18 June 2014. Paraguay submitted its reply (in Spanish) to the list of issues on January 16, 2015.
Civil society organizations including Aktion GEN-Klage, Amnesty International, and BASE Investigaciones Sociales submitted reports for review during the ongoing CESCR session. Aktion GEN-Klage’s report addresses the right to food and health among small farmers and the Paraguyan population. See Aktion GEN-Klage, Social Human Rights in Paraguay: Violations of Human Rights as a Result of the Genetic-Modified Soya-Monocultures – The Right to Food and Health – for Small Farmers and the Paraguayan Population, Parallel Report to the 4th State Report of the Republic of Paraguay on the Implementation of the International Pact on Economic, Social and Cultural Rights (2014). Amnesty International’s submission updated its pre-sessional briefing on the effectiveness and enforceability of Paraguay’s efforts to protect the rights of indigenous populations. See Amnesty International, Paraguay, Submission to the UN Committee on Economic, Social and Cultural Rights, 54th Session (23 February – 6 March 2015) (2014). BASE Investigaciones Sociales addressed challenges to adequate food and nutrition for rural and impoverished populations within the State. See BASE Investigaciones Sociales, Informe Alternativo: Paraguay, Presentado al Comité de Derechos Económicos, Sociales y Culturales en vista del examen del cuarto informe periódico de Paraguay (54º período de sesiones, 23 de febrero hasta 6 de marzo de 2015) (2015) (Spanish).
Tajikistan
Tajikistan submitted its combined second and third periodic report to the CESCR on July 15, 2011. See CESCR, Second and third periodic reports submitted by States parties under articles 16 and 17 of the Covenant: Tajikistan, UN Doc. E/C.12/TJK/2-3, 15 July 2011. The pre-sessional working group adopted its list of issues on Tajikistan after considering the State report and four submissions by civil society organizations during the 53rd pre-sessional working group session.
The alternative reports submitted by Global Initiative to End All Corporal Punishment of Children, the Human Rights Center in Tajikistan, Notabene and other civil society organizations, and the Public Organization Bureau of Human Rights and Rule of Law covered issues of the legality of physical punishment of children, the economic and social rights of Tajik migrant workers, the application of the ICESCR in Tajik law and its effect on vulnerable communities, and effectiveness of implementation of the CESCR’s recommendations, respectively.
The CESCR’s list of issues asked Tajikistan to provide more information about: the allocation of resources to protecting various rights including health, education, housing, and other economic, social, and cultural rights; anti-corruption and anti-discrimination measures; accountability mechanisms; and various disadvantaged subpopulations within the State. It also asked about efforts to combat discrimination, gender inequality, and unfavorable work conditions. Tajikistan was asked to supply details about measures taken to protect: mothers and families affected by domestic violence; disadvantaged and isolated groups suffering poverty; and physical and mental healthcare and awareness, particularly in rural areas; as well as the right to education for national minorities. See CESCR, List of issues in relation to the combined second and third periodic reports of Tajikistan, UN Doc. E/C.12/TJK/Q/2-3, 19 June 2014. Tajikistan submitted its reply to the CESCR’s list of issues prior to the 54th session [Russian].
Seven civil society organization submitted reports concerning the right to health, non-discrimination, and education for the CESCR to review at the 54th session, namely: the Bureau on Human Rights and Rule of Law, Equal Rights Trust, Federation Internationale des Droits de l’Homme and Anti-Discrimination Centre Memorial, Human Rights Tobacco Control Network, Human Rights Watch, NGO Coalition’s Joint Submission on Drug Use, HIV, Overdose and Harm Reduction, and Note Bene and other civil society organizations.
Additional Information
The CESCR is made up of 18 independent experts who monitor States parties’ implementation of the ICESCR. Pursuant to articles 16 and 17 of the ICESCR, all States parties must submit reports to the CESCR on the enjoyment of economic, social, and cultural rights in their territories. The CESCR also considers submissions from independent civil society organizations. After these reports are reviewed, the CESCR provides recommendations (referred to as “concluding observations”) to States parties on implementing the ICESCR more effectively.
To learn more about economic, social, and cultural rights, visit IJRC’s thematic research guide on the legal protections and mechanisms used to enforce these rights. For additional information on the CESCR and other United Nations treaty bodies, visit the IJRC Online Resource Hub.