Report - Office of the High Commissioner on Human Rights

Palestine – Habitat International Coalition prepared a parallel report for <strong>the</strong> Committee on
Economic, Social and Cultural Rights on <strong>the</strong> rights <strong>of</strong> <strong>the</strong> indigenous population residing within
<strong>the</strong> green line. The main issue highlighted by <strong>the</strong> report concerned <strong>the</strong> unequal enjoyment <strong>of</strong>
citizenship rights, which served to limit <strong>the</strong> rights <strong>of</strong> Palestinians to use land and enjoy security
<strong>of</strong> tenure as home-owners. There are several hundred villages in remote areas that were not
depopulated by Israel, and <strong>the</strong> government intends to transform <strong>the</strong>m into surplus labour camps.
Historically, <strong>the</strong> UN has only addressed issues in <strong>the</strong> occupied territories, and not within <strong>the</strong> green
line. The Committee on Economic, Social and Cultural Rights was <strong>the</strong> first UN body to examine
systematic discrimination within <strong>the</strong> State <strong>of</strong> Israel, and recognized <strong>the</strong> right to land <strong>of</strong> <strong>the</strong>
indigenous residents <strong>of</strong> those villages. As a result, villagers were able to negotiate for <strong>the</strong> recognition
<strong>of</strong> <strong>the</strong>ir status as citizens and secure <strong>the</strong> provision <strong>of</strong> certain services.
Philippines – In 1993, several evictions took place in Manila following a presidential decree
authorizing local authorities to evict people. Affected parties worked with Habitat International
Coalition to prepare a parallel report for <strong>the</strong> Committee on Economic, Social and Cultural Rights.
The Committee responded in turn by calling for <strong>the</strong> submission <strong>of</strong> additional reports by <strong>the</strong>
government regarding practices <strong>of</strong> forced eviction. Because <strong>the</strong> Filipino government complied, <strong>the</strong>
Committee was able to issue strong concluding observations with regard to <strong>the</strong> evictions, declaring
<strong>the</strong> decree, which was subsequently abolished, to be in violation <strong>of</strong> <strong>the</strong> Covenant.
In 2005 <strong>the</strong> following Pacific countries are due to meet with treaty bodies:
– Papua New Guinea – meeting <strong>the</strong> CERD Committee (21 February - 11 March 2005);
– Samoa – meeting <strong>the</strong> CEDAW Committee (10 - 28 January 2005);
– Australia – meeting <strong>the</strong> CAT and CERD Committees in 2005.
c. Intercessional Treaty Body Mechanisms
Some <strong>of</strong> <strong>the</strong> intercessional mechanisms that could be used between <strong>the</strong> treaty body reporting cycles
include:
– CERD – Early warning and urgent procedure (e.g. Australian groups working on indigenous
land rights used this mechanism to lobby against <strong>the</strong> Native Title Amendment legislation being
passed, and again to voice criticism after <strong>the</strong> legislation was passed. This mechanism can be
effective when used in conjunction with <strong>the</strong> media;
– Human Rights Committee, Committee on <strong>the</strong> Rights <strong>of</strong> <strong>the</strong> Child (CRC), CEDAW – relevant
optional protocols;
– UNCHR 1503 Procedure – individual complaints can be made requesting <strong>the</strong> Commission to
intervene on behalf <strong>of</strong> victims. In order to use this mechanism, domestic remedies must be
exhausted. Since it is a State-to-State procedure, it is confidential. The complainant will not
be informed about <strong>the</strong> process, only <strong>the</strong> outcome;
– Provisions are made for each State that has ratified a convention to receive training and technical
assistance for <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> treaty.
20 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND