1. The Committee
considered the state of implementation by Solomon Islands of the economic,
social and cultural rights contained in the Covenant at its 9th meeting
held on 30 April 1999 (twentieth session) and adopted, at its 24th
meeting, held on 11 May 1999, the following concluding observations.
A. Introduction
2. At its
seventh session, the Committee on Economic, Social and Cultural Rights
decided to proceed to a consideration of the state of implementation
of the International Covenant on Economic, Social and Cultural Rights
in a number of States parties which, despite many requests to do so,
had not fulfilled their reporting obligations under articles 16 and
17 of the Covenant.
3. The purpose
of the reporting system established by the Covenant is for the States
parties to report to the competent monitoring body, the Committee
on Economic, Social and Cultural Rights, and through it to the Economic
and Social Council, on the measures which have been adopted, the progress
made, and the difficulties encountered in complying with the rights
recognized in the Covenant. Non-performance by a State party of its
reporting obligations, in addition to constituting a breach of the
Covenant, creates a severe obstacle to the fulfilment of the Committee's
functions. Nevertheless, the Committee has to perform its supervisory
role in such a case and must do so on the basis of all reliable information
available to it.
4. Hence,
in situations where a Government has not supplied the Committee with
any information as to its compliance with its obligations under the
Covenant, the Committee has to base its observations on a variety
of materials stemming from both intergovernmental and non-governmental
sources. While the former provide mainly statistical information and
important economic and social indicators, the information gathered
from the relevant academic literature, from non-governmental organizations
and from the press tends, by its very nature, to be more critical
of the political, economic and social conditions in the countries
concerned. Under normal circumstances, the constructive dialogue between
a reporting State party and the Committee will provide an opportunity
for the Government to voice its own views, and to seek to refute any
criticism and convince the Committee of the conformity of its policy
with the requirements of the Covenant. Consequently, if a State party
does not submit a report and does not appear before the Committee,
it deprives itself of the possibility of setting the record straight.
5. While
fully understanding the difficulties Solomon Islands encounters in
complying with its reporting obligations under the Covenant, the Committee
recalls that Solomon Islands has been a party to the International
Covenant on Economic, Social and Cultural Rights since 17 March 1982
and, since then, has not submitted its initial report. The Committee
therefore invites the State party to make all possible efforts to
fulfil its reporting obligations in order to establish a constructive
dialogue with the Committee.
6. Bearing
in mind the exceptionally difficult general situation of Solomon Islands,
the Committee deems it necessary to confine its concluding observations
to an assessment of the deliberations of the Committee at its current
session with respect to the current status of economic, social and
cultural rights in Solomon Islands. The Committee further considers
that, given the limited sources of information available to the Committee,
as well as the need for technical assistance to be offered to the
State party to enable it to comply with its reporting obligations,
the Committee's concluding observations can only be very preliminary
in nature.
B. Factors and difficulties impeding the implementation of the
Covenant
7. The Committee
stresses that, in evaluating the implementation by the Government
of Solomon Islands of the International Covenant on Economic, Social
and Cultural Rights, due attention has to be paid to the political,
economic and social conditions prevailing in the country at the present
time. In particular, the Committee takes note of the fact that Solomon
Islands has experienced several severe economic and financial crises
in the 1990s, deeply affecting the scope of its governmental choices
of action.
8. The Committee
notes that Solomon Islands is one of the least developed countries
in the Western Pacific region, a region which, in per capita terms,
ranks among the recipients of the highest amount of aid in the world.
Poverty is widespread, especially in the rural areas where about 80
per cent of the population live. According to a 1997 joint report
of the United Nations Development Programme and the United Nations
Population Fund, there is a large discrepancy as regards income distribution
between the urban and rural areas.
The great
majority of the people survive on less than US$ 300 annually. Solomon
Islands ranked 123rd out of 174 countries in the 1998 UNDP human development
index.
9. The Committee
takes into account the severely detrimental effects of the Asian financial
crisis on the economy of Solomon Islands, which is largely based on
the export of timber, copra, palm oil and cocoa. The economy thus
is extremely sensitive to changes in world demand for such products.
The price collapse in the market for round logs which resulted from
the financial crisis in Japan, the Republic of Korea and the Philippines,
the major importing countries of Solomon Islands logs, not only brought
logging almost to a standstill in 1997, but also led to a serious
decline in government revenue, up to 40 per cent of which accrues
from forestry. The revenues from its fisheries (tuna), the second
main natural resource of Solomon Islands, have also dwindled as a
result of the Asian economic crisis.
10. The Committee
takes note of the fact that the major share of the country's natural
resources is exploited by foreign companies which pay low taxes, if
any, to the Government and, by taking most of the profits abroad,
leave only few benefits to Solomon Islands. Moreover, the range of
macroeconomic measures available to the Government is considerably
restrained by the State party's debt-servicing obligations vis-à-vis
creditor countries, as well as by the stringent loan conditions imposed
by the Asian Development Bank, the International Monetary Fund and
the World Bank.
C. Positive aspects
11. The Committee
welcomes the laudable efforts of the newly elected Government to establish
the foundations of sustainable economic growth. In particular, the
Committee encourages the Government to put its plans to review the
forestry sector in practice by drawing on the expertise of external
specialists, and to adopt measures aiming at the monitoring of that
sector.
12. The Committee
notes that the Constitution, in section 13, recognizes the right of
workers to form or belong to trade unions and that the domestic courts
have confirmed these rights. While it is true that only 10 to 15 per
cent of the population are employed in the formal sector, the Committee
observes that approximately 60 to 70 per cent of wage earners are
organized in unions.
13. The Committee
welcomes the fact that the Constitution of Solomon Islands prohibits
forced labour, including forced and bonded labour by children, and
that this prohibition seems to be observed. The Committee notes that
laws have been enacted to protect children under the age of 12 from
heavy work, to bar children under the age of 15 from work in industry
or on ships, and to prohibit the employment of children under the
age of 18 for work underground or in mines.
14. The Committee
notes with appreciation that the Government of Solomon Islands considers
health an important priority, which is reflected in the high percentage
of the national budget that has been allocated to health. Basic health
services are free and the Government has taken significant steps to
address health problems of the population in cooperation with foreign
donors, as well as specialized agencies such as the World Health Organization
(WHO). Despite the still very high incidence of malaria (a total of
more than 120,000 cases in 1993, according to a WHO estimate) specifically
affecting agricultural workers, improvements have been made in combating
diseases such as diarrhoea, acute respiratory diseases and malaria.
The Committee acknowledges that the State party's immunization programme
has resulted in a low incidence of diseases preventable by immunization,
such as measles, diphtheria, pertussis and tetanus. The improving
health-care system has contributed to a significant increase in life
expectancy, which, according to some estimates, exceeds 70 years.
15. The Committee
takes note of the fact that the unique kastom and wantok
culture of the population has to date been largely kept intact. The
preservation of the traditional extended family system, which is based
on a strong sense of social responsibility, has absorbed a considerable
part of the social repercussions caused by the recent economic crisis.
The Committee also welcomes the establishment of the National Art
Gallery and Cultural Centre in 1995, as well as the initiative taken
by the Government of Solomon Islands, together with those of the other
five Melanesian States, to organize Melanesian arts and cultural festivals
on a regular basis.
D. Principal subjects of concern
16. The Committee
notes with concern that, despite a constitutional non-discrimination
clause and the recent adoption of a national women's policy, women
remain subject to patriarchy. Although women's place and role are
respected within Solomon Islands society, a fact mirrored by the tradition
of matrilineal land descent, their status is nevertheless inferior
to that of men. As a consequence, women have limited access to the
political and economic life of the country. As indicated in the UNDP
Human Development Report 1998, women comprise only 3 per cent
of administrators and managers and 27 per cent of professional and
technical employees. Furthermore, women do not hold any government
positions at the ministerial or sub-ministerial level; merely one
of the 47 members of Parliament is female.
17. The Committee
expresses its concern about the rise in unemployment, which has played
a major role in stirring up civil strife in the country.
18. Whereas
the Committee is fully aware that Solomon Islands is severely affected
by financial constraints caused by the current economic crisis, it
nevertheless recalls that the recent downsizing of the public sector,
which accounts for almost one third of wage employment, has had significant
social repercussions. The Committee further notes that access to employment
in the formal sector is particularly limited for disabled persons.
19. The Committee
notes with concern that the problem of domestic violence is prevalent
in Solomon Islands society and is not always addressed properly by
the competent authorities.
20. The Committee,
while acknowledging the State party's need to raise financial resources
to subsidize its economic reform and development programme, expresses
its concern about the Government's plans to privatize communal land
with a view to making it accessible for commercial use and urban development.
The Committee recalls that approximately 90 per cent of the land in
Solomon Islands is held under customary land tenure, meaning that
the land belongs to the community as such rather than to individuals.
The Committee would like to draw the Government's attention to the
fact that the envisaged privatization of land under customary tenure
may undermine the foundations of Solomon Islands society and could
lead to the dispossession of the majority of people, thereby depriving
them of their basic source of income. With regard to the Government's
plans to privatize housing completely, the Committee is concerned
that the number of homeless people in the urban areas will increase
considerably.
21. The Committee
notes that the State party does not give due consideration to the
threats to the natural environment of Solomon Islands, caused by the
practices of deforestation and overfishing, affecting the maintenance
of an adequate standard of living, as guaranteed by article 11 of
the Covenant.
22. The Committee
notes that infant mortality remains a major cause of concern, in spite
of the commendable health policies of the Government of Solomon Islands
which have drastically decreased the mortality rate of children under
the age of 5. According to a 1996 WHO publication, the infant mortality
rate is estimated at 26.8 deaths per 1,000 live births, while, according
to a 1997 UNDP and UNFPA joint report, the maternal mortality rate
is as high as 550 deaths per 100,000 live births. The Committee is
concerned about the low percentage of the population with access to
adequate sanitation (only 9 per cent of the rural population) and
to safe drinking water available in the home or within reasonable
access (63 per cent of the entire population), as indicated in a 1996
WHO publication. The Committee recalls that the lack of adequate sanitation
facilities directly adds to the severe malaria problem affecting more
than one third of the population.
23. While
noting that the lack of financial resources due to the prevailing
economic crisis in Solomon Islands leaves little scope to the State
party for providing adequate educational services, the Committee nevertheless
is concerned about the absence of compulsory primary education in
Solomon Islands, with merely 60 per cent of school age children having
access to primary education. The Committee would consequently like
to draw the attention of the Government to its obligations under articles
13, paragraph 2 (a) and 14 of the Covenant, which stipulate that primary
education shall be compulsory and free of charge, and to its General
Comment No. 11 "Plans of action for primary education (article 14
of the International Covenant on Economic, Social and Cultural Rights)".
In particular, the Committee expresses its concern about the low literacy
rate among adults, and especially among women. In the UNDP Human
Development Report 1998, adult literacy is estimated to be as
low as 23 per cent, which again is, of course, to a high degree attributable
to the lack of financial resources for education.
E. Suggestions and recommendations
24. The Committee
reiterates its request that the Government of Solomon Islands actively
participate in a constructive dialogue with the Committee on how the
obligations arising from the International Covenant on Economic, Social
and Cultural Rights can be fulfilled in a more adequate manner. It
calls the Government's attention the fact that the Covenant creates
a legal obligation for all States parties to submit their initial
and periodic reports and that Solomon Islands has been in breach of
this obligation for many years.
25. The Committee
recommends that the Government of Solomon Islands avail itself of
the advisory services of the Office of the United Nations High Commissioner
for Human Rights, so that it may submit, as soon as possible, a comprehensive
report on the implementation of the Covenant in conformity with the
Committee's revised guidelines and with particular emphasis on the
issues raised and concerns expressed in the present concluding observations.
The Committee also encourages the Office of the High Commissioner
for Human Rights, through its programme of advisory services and technical
cooperation, to make expert assistance available to the Government
for the purpose of formulating policies on economic, social and cultural
rights and developing the implementation of coherent and comprehensive
plans of action for the promotion and protection of human rights,
as well as for developing adequate means of evaluating and monitoring
their realization.
26. The Committee
recommends that the Government of Solomon Islands undertake measures
to prevent the excessive exploitation of the country's forestry and
fishing resources.
27. Furthermore,
the Committee suggests that the Government of Solomon Islands convene
a national summit on the implementation of the International Covenant
on Economic, Social and Cultural Rights, with the participation of
all relevant national and international entities, such as representatives
of central and local government, trade unions, local NGOs, specialized
agencies and donor countries.
28. In accordance
with articles 2, 1 and 23 of the International Covenant on Economic,
Social and Cultural Rights, the specialized agencies are invited to
supply the Committee with supplementary information and comments relevant
to the status and enjoyment of economic, social and cultural rights
in Solomon Islands, thereby assisting the Committee and the State
party to identify appropriate measures designed to implement the Covenant
in Solomon Islands. The Committee invites the State party to participate
in a dialogue to be held during the Committee's twenty-first session
together with representatives of the relevant specialized agencies,
such as the World Bank, the International Monetary Fund, FAO, WHO,
ILO, UNDP, UNICEF and UNESCO. The Committee expresses its belief that
only by means of a constructive dialogue between the State party,
the above institutions and the Committee can an adequate and realistic
appraisal of feasible development and human rights strategies be achieved
for the benefit of all citizens of Solomon Islands.
29. The Committee
wishes to emphasize that the suggestions and recommendations set out
in the preceding paragraphs depend for their success upon the State
party's renewed commitment to fulfilling its reporting and other international
legal obligations under the Covenant.