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经济、社会和文化权利委员会召开第五十五届会议(部分翻译)

听取来自吉尔吉斯斯坦、委内瑞拉、蒙古和泰国的国家人权机构和非政府组织的发言

经济、社会和文化权利委员会今日上午在日内瓦威尔逊宫召开第五十五届会议,听取了人权事务高级专员办事处人权条约司焦点小组科负责人詹姆斯•希楠(James Heenan)的发言。委员会还听取了来自吉尔吉斯斯坦、委内瑞拉、蒙古和泰国的国家人权机构和非政府组织的发言,它们的国别报告将在本周接受审议。

委员会下周还将审议爱尔兰、智利和乌干达的报告,国家人权机构和非政府组织将于6月8日(周一)就这些国家的状况向委员会做简报。

希楠先生在发言中指出了委员会在推动国际法的逐步发展过程中的重要工作,特别是即将到来的关于国际公约第七条享受公平与良好工作条件的权利的一般性意见草案的讨论日,本次讨论正值工人权利在国际议程中处于重要地位之际。在落实大会关于加强条约机构的第68/268号决议方面,希楠先生祝贺委员会将待审议的报告积压从4年缩短至2年,鼓励委员会继续推动协调工作方法方面的努力,包括确定报复问题联络点或报告员的作用。

吉尔吉斯斯坦的利益攸关方提请注意对弱势群体的歧视,包括国内移徙者、穷人、少数族裔群体、男女同性恋、双性恋和跨性别者以及被剥夺自由者,他们在获得有效的补救、司法和基本服务方面存在问题。低收入家庭和残疾儿童家庭的社会津贴方面存在着明目张胆的侵犯行为。据统计,72%的儿童需要应对暴力和忽视问题;特别是性暴力的增加,一些情况下的住宅暴力构成酷刑。

吉尔吉斯共和国的监察员以及以下非政府组织也发了言:公开观点(Open View Point)、Bir Duino吉尔吉斯斯坦(Bir Duino Kyrgyzstan)、荷兰赫尔辛基委员会(Netherlands Helsinki Committee)以及索罗斯基金会(Soros Foundation)

委内瑞拉民间社会的代表提到了妇女的脆弱性以及社会和经济方面的弱势:妇女贫困率极高,南美最高的少女怀孕率以及艾滋病/艾滋病毒的女性化。公共管理的军事化以及违宪措施的通过限制了言论、结社与和平表达的权利和自由。查韦斯总统时期在打击贫困方面取得的所有进展都正在消失,社会排斥过程加快。发言人提及了对教育和医疗部门状况的关切,并谈到了土著人民权利的实现。

发言的有Provea、Frente Indigena Cacique Waikae’ puru、国家人权网络、玻利维亚委内瑞拉土著联盟(Confederacion Bolivariana Indigena de Venezuela)、捍卫健康权国家理事会以及其他非政府组织的代表。

蒙古继续使用医疗和福利模型来评估残疾情况,该国法律对福利的关注高于对残疾人权利的关注。非政府组织指出了政府在男女同性恋、双性恋和跨性别者问题中的积极参与,并促请政府采取一切必要措施来打击基于性取向的歧视和暴力。

国际残疾人联盟(International Disability Alliance)和男女同性恋、双性恋和跨性别者中心(Lesbian, Gay, Bisexual and Transgender Centre)在讨论中发言。

在泰国,2003年以来,60多名土地权活动人士被杀害,许多人失踪,这使得泰国成为亚洲捍卫这些权利最危险的国家之一。非政府组织提及罗辛亚人的状况,呼吁该地区的国家落实保护他们的法律并终结其在来源国受到的迫害。罗辛亚人被贩运并卖入渔业成为奴隶的风险最高。讨论中还提到了2014年5月军事政变以来新的法律和机构框架方面的问题,临时宪法的颁布给予了军政权势不可挡且无所限制的权利,这有悖于包括平等、问责和法律的可预见性在内的法治和人权。

发言的有跨文化基金会(联合声明)、社区资源中心、人民赋权基金会以及国际法学家委员会。

委员会将在今天下午3点继续公开会议,开始审议吉尔吉斯斯坦的第二和第三次定期报告(E/C.12/KGZ/2-3)。

开场发言

委员会主席瓦利德•萨迪(WALEED SADI)在开场发言时提到了地中海和泰国的移徙者危机以及尼泊尔的地震,他表示这些问题与委员会的工作相关。

人权事务高级专员办事处人权条约司焦点小组科希楠先生在发言中指出了委员会在推动国际法的逐步发展过程中的重要工作,包括即将到来的关于国际公约第七条享受公平与良好工作条件的权利的一般性意见草案的讨论日,本次讨论正值工人权利在国际议程中处于重要地位之际。对任择议定书之下提交的来文的审议构建了委员会的判例,让公约权利的适用范围更加清晰,这为缔约国和国家法院在为侵犯公约行为受害者设计充足的补救时提供了指导。

上个月是国际公约任择议定书生效二周年,该任择议定书通过弥合两大公约的间隔重申了所有人权之间的不可分割性和相互关联性。今年是落实大会关于加强条约机构的的第68/268号决议的第一年,希楠先生祝贺委员会将待审议的报告积压从4年缩短至2年。委员会应该继续推动协调工作机制方面的努力,包括确定报复问题联络点或报告员的作用。

Agenda and Organizational Matters

WALEED SADI, Committee Chairperson, paid tribute to Yuri Kolosov, a former member of the Committee who had passed away last week, and another Committee Expert suggested that the Committee adopt a statement on the earthquake in Nepal and on the current migrant crisis.

The Committee then adopted its agenda.

Discussion with a National Human Rights Institute and Non-Governmental Organizations

Statements on Kyrgyzstan

BAKTYBEK AMANBAEV, Ombudsman of the Kyrgyz Republic, presented the report on the execution of human rights under the International Covenant on Economic, Social and Cultural Rights, saying that the functional and financial independence of the Institution of the Ombudsman was still not complete. A draft law on the Ombudsman had been presented to Parliament in January 2014, but had not yet been considered. The situation of human rights and fundamental freedoms in the country had deteriorated. The Ombudsmen drew attention to discrimination against most vulnerable groups, including internal migrants, the poor, ethnic minorities, lesbian, gay, bisexual and transgender persons, and persons deprived of their liberty, who all had problems in accessing effective remedies, justice, and basic services. The draft law currently being discussed in Parliament on foreign agents introduced excessive restrictions on civil society organizations. Other issues of concern in Kyrgyzstan included criminal neglect on the part of health workers, actions of private industrial companies which posed threats to the health and safety of residents of entire areas, the right to adequate housing, and access to State guaranteed social services such as health, education and safe drinking water. It was estimated that 39 per cent of the population was employed in the informal sector and were particularly vulnerable to the violation of their labour rights.

Open View Point took up the right to freedom of religion or belief and said that the Law on Religion restricted the right of parents to educate their children in the religion or belief of their choice, which violated the obligations of Kyrgyzstan under several international human rights instruments. A draft law on Foreign Agents, together with new legal amendments which were currently being discussed, put human rights at risk in Kyrgyzstan.

Bir Duino Kyrgyzstan spoke about the situation of internal migrants, whose access to basic services such as education, health and social care was denied because of lack of access to registration and identity documents. Kyrgyzstan should bring its action concerning labour migrants from Kyrgyzstan in line with its obligations under the International Convention on the Rights of Migrant Workers and Their Families.

Netherlands Helsinki Committee recommended that the policies and laws affecting those most vulnerable be developed using a human rights based approach, and in cooperation with civil society. There were several problems and blatant violations of rights of specific groups, including in the area of social benefits for low income families and families with children with disabilities, as a result of which the number of children in residential homes was on the increase. Another problem was that of child labour, including in child care institutions. According to data by the United Nations Children Fund, 72 per cent of children had to deal with violence and neglect; the rise of sexual violence was of particular concern, while violence in residential homes in some cases amounted to torture.

Soros Foundation said that the right to adequate housing was an acute problem in Kyrgyzstan. The Government should bring its legislation on the matter in line with the Constitution, develop a programme of affordable housing, develop a new programme of management of public utilities, create a system of housing cooperatives and resolve the problem of mass settlement on agricultural land.

Statements on Venezuela

A representative of four civil society organizations, said that the low level of formal employment led to vulnerability and social and economic disadvantages for women, causing extremely high rates of female poverty. Venezuela had the highest rates of teenage pregnancy in South America, and feminization of HIV/AIDS was an acute problem among the youth. The State should adopt progressive measures to bring about economic recovery and remove gender gaps and gender based inequality.

Provea said that the situation in Venezuela was unfavourable for the realization of social rights, with militarization of public management and adoption of non-constitutional measures restricting the rights to expression, association and peaceful manifestation. All progress in fighting poverty achieved under President Chavez was now disappearing and there was an accelerated process of social exclusion. Harassment campaigns against civil society organizations, including those engaging with the Committee, were an issue of great concern.

A representative of three civil society organizations said that the current State policy violated the Constitution and aimed to implement the single thought, which deeply affected the nature of democratic society. There were serious restrictions on the autonomy of the University. Venezuela should prohibit political partisan activities in basic education, and eliminate political partisan reform of textbooks and curriculum which favoured the hegemony of a single stream of thought.

Another representative of civil society said that the situation in the health sector was critical and the State was unable to protect the lives of people and stop imminent public health risks. Thousands of people were dying simply because health services were not available to them.

Frente Indigena Cacique Waikae’ puru aimed to strengthen and promote rights and comprehensive development of indigenous communities. The promotion of equal rights in Venezuela was unquestionable and it was worth mentioning increasing participation of indigenous peoples in the design of policies. Housing in indigenous communities was a priority for the State which ensured better life for indigenous peoples.

National Human Rights Network recognized the efforts of the State to increase inclusion in basic education, and urged the Committee to call upon Venezuela to increase its school feeding programmes. Venezuela should strengthen citizen participation in health care centres and update its organic law on health care from 1998 which did not guarantee the right to free health care as was stipulated by the Constitution.

Confederacion Bolivariana Indigena de Venezuela said that the Government led by President Chavez had recognized indigenous peoples of Venezuela and granted a whole chapter in the Constitution to settling the historical debt. The Government guaranteed the right to land and habitats, and had built homes in line with natural conditions.

National Council for the Defense of Human Right to Health said that Venezuela had moved from malnutrition to obesity; this trend must be reversed and advertising of junk food must be regulated. The leading causes of mortality were high blood pressure and diabetes. Maternal health must be addressed and laws and policies must be put in place to honour ancestral ways of giving birth. The State must be more rigorous in fighting contraband medication which undermined the quality of health.

A representative of civil society said that Venezuela was not living up to its obligations in ensuring the right to health, noting the serious lack of medication and medical materials; 44 per cent of surgical wards were not functional, and hospitals were dirty.

Statements on Mongolia

International Disability Alliance said that Mongolia continued to use medical and welfare models in assessing disability and legislation was more concentrated on welfare than on rights of persons with disabilities. Only 18.9 per cent of persons with disabilities of working age were employed. The six schools for persons with disabilities were located in the area of Ulan Bator. The budgets for the community-based disability welfare services were being cut, and it was estimated that persons with disabilities suffered very high rates of violence, including sexual violence.

Lesbian, Gay, Bisexual and Transgender Centre noted the positive engagement of the Government on lesbian, gay, bisexual, transgender and intersex rights and urged it to take all necessary measures to combat discrimination and violence on the basis of sexual orientation, including in access to employment, housing and education. It should also introduce legislation recognizing the rights of same sex parents and combat bullying of lesbian, gay, bisexual, transgender and intersex persons’ children in the educational environment.

Statements on Thailand

A representative of Cross Cultural Foundation, speaking in a joint statement, said that more than 60 land rights activists had been killed since 2003, and many had disappeared, making Thailand one of the most dangerous countries in Asia to defend those rights. The military Government had introduced the law prohibiting the work of human rights defenders. Another issue of concern was the treatment of migrants from Myanmar, and trafficking in persons. The military Government reform was removing institutions granting human rights protection and southern provinces of Thailand were still under martial law.

Community Resource Centre said that most of development projects did not include the right to self-determination, natural resources management and public and political participation of people. There were no efforts to adopt any regulations on human rights and businesses, such as corporate social responsibility.

People’s Empowerment Foundation said that the countries in the region should put in place legislation protecting the Rohignya and discuss how regional action led by Thailand could put an end to the prosecution of Rohingya in their country of origin. The Rohingya were at greatest risk of being trafficked and sold to fishing industry as slaves.

International Commission of Jurists shared deep concern about the new legal and institutional framework since the military coup in May 2014, and the promulgation of interim Constitution which gave the military junta sweeping, unchecked powers contrary to rule of law and human rights, including equality, accountability and predictability of the law. Another source of concern was normative gaps in the effective protection against gender discrimination and the situation of migrant women, including those working as domestic workers.

Questions by the Committee Experts

On Venezuela, a Committee Expert asked representatives of civil society to provide further information about the increase in poverty rates, realization of indigenous rights, military training of children, and to provide specific data on access to health and to education to enable the Committee to better understand the situation in those areas.

On Kyrgyzstan, another Expert asked about financial and functional shortcomings of the Institution of Ombudsman which brought it to status B, and additional information on the draft law on Foreign Agents.

Members of the Committee inquired about the changes in the legislation on reserved forest areas in Thailand and how it led to forced expulsion of people who lived in forests and depended on it for sustenance, and about the ways in which Thailand could take better care of its extra-territorial obligations as a member of the Association of Southeast Asian Nations.

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For use of the information media; not an official record