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Committee on Economic, Social and Cultural Rights E/1999/22 E/C.12/1998/26 COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REPORT ON THE EIGHTEENTH AND NINETEENTH SESSIONS (27 April•15 May 1998, 16 November-4 December 1998) ECONOMIC AND SOCIAL COUNCIL OFFICIAL RECORDS, 1999 SUPPLEMENT No. 2 UNITED NATIONS E/1999/22 E/C.12/1998/26 COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REPORT ON THE EIGHTEENTH AND NINETEENTH SESSIONS (27 April•15 May 1998, 16 November•4 December 1998) ECONOMIC AND SOCIAL COUNCIL OFFICIAL RECORDS, 1999 SUPPLEMENT No. 2 UNITED NATIONS New York and Geneva, 1999 NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. E/1999/22 E/C.12/1998/26 • 3 • CONTENTS Paragraphs Page ABBREVIATIONS ............................. 6 Chapter I. ORGANIZATIONAL AND OTHER MATTERS ........ 1 • 21 7 A. States parties to the Covenant ....... 1 7 B. Sessions and agenda ............. 2 • 3 7 C. Membership and attendance .......... 4 • 7 7 D. Pre•sessional working group ......... 8 • 10 9 E. Officers of the Committee .......... 11 9 F. Organization of work ............ 12 • 16 10 G. Next session ................ 17 11 H. States parties' reports scheduled for consideration by the Committee at its twentieth session .............. 18 • 19 11 I. Composition of the pre•sessional working group 20 • 21 11 Twentieth session .............. 20 11 Twenty•first session ............ 21 11 II. OVERVIEW OF THE PRESENT WORKING METHODS OF THE COMMITTEE .................... 22 • 53 12 A. General guidelines for reporting ...... 24 12 B. Examination of States parties' reports ... 25 • 38 12 1. Work of the pre•sessional working group . 25 • 33 12 2. Presentation of the report ....... 34 • 37 14 3. Deferrals of the presentation of reports 38 15 GE.99•40424 (E) • 4 • CONTENTS (continued) Chapter Paragraphs Page II. C. Procedures in relation to follow•up action . 39 • 42 15 (cont'd) D. Procedure in response to non•submitted and considerably overdue reports ........ 43 • 45 17 E. Day of general discussion .......... 46 17 F. Other consultations ............. 47 • 49 18 G. General comments .............. 50 • 53 18 III. SUBMISSION OF REPORTS BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT ....... 54 • 57 20 IV. CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17 OF THE COVENANT 58 • 435 21 Eighteenth session Sri Lanka .................. 65 • 94 22 Nigeria ................... 95 • 138 27 Poland ................... 139 • 166 32 Netherlands ................. 167 • 226 37 Nineteenth session Israel ................... 227 • 272 43 Cyprus ................... 273 • 299 50 Germany ................... 300 • 338 54 Switzerland ................. 339 • 375 59 Canada ................... 376 • 435 63 V. DAY OF GENERAL DISCUSSION ............ 436 • 514 72 A. Eighteenth session, 11 May 1998: Globalization and its impact on the enjoyment of economic, social and cultural rights ... 436 • 461 72 B. Nineteenth session, 30 November 1998: The right to education (articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights) ............ 462 • 514 79 • 5 • CONTENTS (continued) Chapter Paragraphs Page VI. REVIEW OF METHODS OF WORK OF THE COMMITTEE ... 515 • 529 92 A. Decisions adopted by the Committee at its eighteenth session ............. 515 • 517 92 B. Decisions adopted by the Committee at its nineteenth session ............. 518 • 529 96 VII. ADOPTION OF THE REPORT ............. 530 101 Annexes I. States parties to the Covenant and status of submission of reports ........................... 102 II. Membership of the Committee on Economic, Social and Cultural Rights ....................... 114 III. A. Agenda of the eighteenth session of the Committee on Economic, Social and Cultural Rights (27 April•15 May 1998) ................. 115 B. Agenda of the nineteenth session of the Committee on Economic, Social and Cultural Rights (16 November•4 December 1998) .............. 115 IV. General Comment No. 9 (1998): Domestic application of the Covenant .......................... 117 V. General Comment No. 10 (1998): The role of national human rights institutions in the protection of economic, social and cultural rights ..................... 122 VI. A. List of States parties' delegations which participated in the consideration of their respective reports by the Committee on Economic, Social and Cultural Rights at its eighteenth session ................... 124 B. List of States parties' delegations which participated in the consideration of their respective reports by the Committee on Economic, Social and Cultural Rights at its nineteenth session ................... 126 VII. A. List of documents of the Committee at its eighteenth session ................... 131 B. List of documents of the Committee at its nineteenth session ................... 132 • 6 • ABBREVIATIONS FAO Food and Agriculture Organization of the United Nations GNP Gross national product ILO International Labour Organization IMF International Monetary Fund MAI Multilateral Agreement on Investment NGLS Non-Governmental Liaison Service OECD Organization for Economic Cooperation and Development OHCHR Office of the United Nations High Commissioner for Human Rights TNCs Transnational corporations UNCTAD United Nations Conference on Trade and Development UNDAF United Nations Development Assistance Framework UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR United Nations High Commissioner for Refugees UNICEF United Nations Children's Fund WTO World Trade Organization • 7 • Chapter I ORGANIZATIONAL AND OTHER MATTERS A. States parties to the Covenant 1. As at 4 December 1998, the closing date of the nineteenth session of the Committee on Economic, Social and Cultural Rights, 137 States had ratified or acceded to the International Covenant on Economic, Social and Cultural Rights, which was adopted by the General Assembly in resolution 2200 A (XXI) of 16 December 1966 and opened for signature and ratification in New York on 19 December 1966. The Covenant entered into force on 3 January 1976 in accordance with the provisions of its article 27. A list of States parties to the Covenant is contained in annex I to the present report. B. Sessions and agenda 2. The Committee on Economic, Social and Cultural Rights, at its twelfth session, requested the Economic and Social Council to authorize the holding of two annual sessions of the Committee, in May and November•December, each of three weeks' duration, in addition to a pre•sessional working group of five members to meet for five days immediately after each session to prepare the list of issues for consideration at the subsequent session. 1 The Economic and Social Council, by its resolution 1995/39 of 25 July 1995, endorsed the Committee's recommendation. Accordingly, in 1998, the Committee held its eighteenth session from 27 April to 15 May and its nineteenth session from 16 November to 4 December. Both sessions were held at the United Nations Office at Geneva. The agenda for each session is shown in annex III to the present report. 3. An account of the Committee's deliberations at its eighteenth and nineteenth sessions is contained in the relevant summary records (E/C.12/1998/SR.1•28/Add.1 and E/C.12/1998/SR.29•57/Add.1, respectively). C. Membership and attendance 4. All members of the Committee attended the eighteenth session. Mr. Ivan Antanovich, Mr. Oscar Ceville and Mr. Kenneth Osborne Rattray attended only part of the session. All members of the Committee except Mr. Ivan Antanovich and Mr. Kenneth Osborne Rattray attended the nineteenth session. 5. The following specialized agencies and United Nations organs were represented by observers at the eighteenth session: FAO, ILO, IMF, UNCTAD, UNDP, UNESCO, UNHCR, WHO and WIPO; and at the nineteenth session: ILO, UNCTAD, UNDP, UNESCO, UNHCR, UNICEF, WHO and WIPO. • 8 • 6. The following non-governmental organizations in consultative status with the Economic and Social Council were represented by observers at the eighteenth session: General consultative status: International Confederation of Free Trade Unions, World Federation of United Nations Associations Special consultative status: American Association of Jurists, Habitat International Coalition, International Commission of Jurists, International Federation of Human Rights Leagues, International Organization for the Development of Freedom of Education, International Service for Human Rights, OXFAM Roster: American Association for the Advancement of Science, FIAN • Foodfirst Information and Action Network, International Baccalaureate Organization and at the nineteenth session: General consultative status: International Confederation of Free Trade Unions, World Federation of United Nations Associations Special consultative status: American Association of Jurists, Habitat International Coalition, International Commission of Jurists, International Federation of Human Rights Leagues, International Federation Terre des Hommes, International Organization for the Development of Freedom of Education, International Service for Human Rights, Women's International League for Peace and Freedom Roster: American Association for the Advancement of Science, FIAN • Foodfirst Information and Action Network, International Baccalaureate Organization. 7. The following international and national non•governmental organizations were also represented by observers at the eighteenth session: Arab Studies
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